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HomeMy WebLinkAboutBraddock Hills Estates Section II Gainesboro District - Backfile (2)- . RECEIPT Date Received From t Add ress For AMT. OF ACCOUNT CASH AMT. PAID CHECK I BALANCE MONEY By ORDER 19� No ' NO. �Y RECEIVED FROM 1 Dc LAB S 1 .na,., n • i J N A A1d ff7 Tnf t rA B „ Account Total $ Amount Paid $ X34- Balance Due $ "THE EFFICIENCY®LINE"AN AMPAO PRODUCT n County °� �~�~�~ ^.�w"". �n �����xn�k PLATS«�«�«� I hereby apply for the approval of the following plats: ------------------------------------ ^.------------------ ^�+�-`-^^--------_---_--__ ------------'-------------'----------'---'------------- ^ Date - �l��� �| �--'~��-^'^'~^~~-----' Approved .' ��KD �� ��. u�------------------------------------------------ --'--'--------------'--------'--------------'--' Applicuot --------------- .................. ^`u Fee-_----/--------------' x � ol Tre4.,er of Fred x0n, Y McKEE N'7; RUTL 22 S. CAIU!ERON ST. -- VrNCHESTEF, VA. 22€501 — PHONE: 662 340;5 F= M E S S A G E REPLY TO FII. Ronald Berg, Deputy � DATE: August 6, 1973 Subdivision Administrator Frederick County Department of Mr. Benjamin M. But&er Planning and Development L9 Court Square 11 S. Cameron Street J Winchester, Virginia 6 Winchester, Virginia 22601 My file No. 2872 Aug. 3, 1973 FOLD W-D Company Dear Mr. Berg Please find enclosed W-D's fee for reviewing preliminary plat. Very trIly yours, McKEE AND BUTLER BENJIAMIN M. BUTLER BMB:smb Enclosure BY .FOLD Dear Mr. Butler: Please find enclosed herewith a receipt for $38.00 for prelim - plat review of W.D Company. BY Sincerif(lyy, ,, Ann K. Kelican Deputy Clerk SENDER: Detach and File For Follow-up 827 77 807 WINtAIESTER / ICA wo Sa�"pG , „+�'O�, r'• ._ � Grp � s � ,ta`i- -Jr. � - ' AD tq de -CSIS d 5F �'rJq� • •try �� a� � j n�b •' _ .:oz. r... , Q �. '-" ^„ z � ,,. p 1 x t� z ��(�SE�ivni Z jam• •'� � �•Z �2t � � , , � ,'•. `}��" • } - ^_" a ? � .� �Q t "' '�" • �,. ' !� .s • ,, ''d gyp' � r;, ± ArJ7r ALL LOTS Tt7 H,CVE" A r BMB:smb 8-13-73 2872 MCKRZ AND 13L ll wrro.u.�re wt uw wnwftxma. Vw, t8001 I� 11 .eVTr t.r.tee /T/•t1 W-D COMPANY, INC. TO: DEED OF DEDICATION COUNTY OF FREDERICK, VA e etc• 438 eau 821 THIS DEED OF DEDICATION, made and dated this 23rd day of August, 1973, by and between W-D COMPANY, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia, party of the first part, hereinafter referred to as Grantor; and the County of Frederick, Virginia, party of the second part, hereinafter referred to as Grantee. WHEREAS, the Grantor is the owner in fee simple of a certain tract or parcel of land lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, just North of U. S. Route 522, and more particularly described by plat and survey of H. Bruce Edens, C. L. S., dated July 13, 1971, as Section Two of Braddock Hills Estates, attached hereto and made a part hereof, to which reference is made for a more particular description of said section and now desire to subdivid the same into lots to be known as Braddock Hills Estates, Section Two, in accordance with the provisions of the Subdivision Ordinan'+ of Frederick County, Virginia. NOW, THEREFORE, WITNESSETH: That for valuable considera� i tion of the benefits that will accrue by reason of this dedicatio4, the Grantor does grant and convey unto the Grantee, in fee simpl( such portion of the premises platted as is on the plat attached hereto and described above set apart for streets, alleys, public easements or other public use and to create a public right of way of passage over the same; and being a portion of the same land conveyed to the Grantor by deed of James B. Ruble, et al, dated October 3, 1968, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 347, at Page 360, and by deed dated February 2, 1971, from James B. Ruble, et al , of record in the aforesaid Clerk's Office in Deed Book 373, at Page 274. I The lots or tracts of land in this subdivision are I subject to certain restrictions which are to constitute covenants 1 821 r 822 Kez AND B' ITT .M AT .cne &. VAT tOtRM ice. c.OA R.tR Bock 438 racy 822 , to run with the -land and shall be binding on all parties and persons claiming under them and for the,.benefit of and limitation upon all future owners in said addition and are more particularly set out as follows: 1. SUBDIVIDING: None of said.lots shall at any time be subdivided, conveyed or sold except as a whole, unless the subdivision, conveyance or sale thereof involves multiple lots so that each of the portions into which the lots are subdivided Tor the purpose of subdivision, conveyance or sale results in the lots being created for the purpose of subdivision, conveyance or sale as well as each of the lots remaining after such subdivis conveyance or sale are of a size larger than the lots as shown on the plat recorded herein and from which said portions are created 2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, place, or permitted to remain, on any lot.other than one detached single-family dwelling not to exceed two and one- half stories in height and a private garage for not more than two cars. 3. DWELLING COST, QUALITY AND SIZE: No dwelling shall be permitted on any lot at a cost of less than $25,000.00, excluding cost of land, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenant are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1,350 square feet for a and -story dwelling, nor less than 900 square feet for a dwelling of more than one story.' 4. BUILDING LOCATION: No building shall be located onl -2- 823 r NICHES AND IICTLRR AT,Ot..To AT LAW Wt X.\rta. VA. 22001 11 60—..Ar ON STN..r y1�t 3.8 82.3 any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall be located on any lot nearex than 50 feet to the front lot line. No building shall be located nearer than 10 feet to an interior lot line except that a garage that is located at least 10 feet from the rear of the residence may be located no nearer than five feet to any side or rear lot line. No dwelling shall be located on any interior lot nearer I than 50 feet to the rear lot lines. For the purposes of this i covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not j be construed to permit any portion of a building on a lot to fI i encroach upon another lot. j 5. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon I which may be or may become an annoyance or nuisance to the neighborhood. Each and every lot shall be kept mown and free from weeds and debris at all times, to comply with county i ordinances. ! 6. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or otherl outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. ! 7. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not j more than one square foot, one sign of not more than five square i feet, advertising the property for sale or rent, or signs used : I a builder to advertise the property during the construction and 1 i sales period. ; B. LIVESTOCK AND POULTRY: No animals, livestock or i poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. -3- QC 1 824 sooK 438 racy 821. 9. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground fox rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 10. SIGHT DISTANCE AT INTERSECTIONS: On any corner lot there shall be no planting, struction, fences, shrubbery or other obstruction to vision, more than 3 feet above the curb level, within 25.feet of the intersection of any two street lines. 11. ENFORCEMENT: Enforcement shall be by proceedings at law or equity against any person or persons violating or attemp ing to violate any covenant either to restrain violation or to recover damages. 12. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 13. Easement for the installation and maintenance of utilities and drainage facilities are reserved where shown on a recorded plat or reserved in deed of conveyance. 14. No lot can be used for the purpose of building streets to adjoining property for ingress or egress, without written consent of original owner of the Subdivision, namely, W-D Company, Inc., Winchester, Virginia. 15. All wells and septic systems to meet the approval of the Winchester -Frederick County Health Department. 16. No dwelling house shall be erected upon the said lots of a pre-cut or a pre -fabricated nature. However, the restriction with regard to the use of pre -fabricated or pre-cut dcKzz AmD Bvriaa ,houses may be removed with the consent of 75% of the owners of &rro� &T uW qr_ r.a.v� 22001 lots in Braddock Hills Estates at the time the restriction is 11 .OVTM GY [.O/ /T■[R sought to be removed. ,For the purpose of determining the -4 - r_ r .825 . . B05K 438 825 necessary 75% consent, owners of more than one lot shall be considered separate owners as to each lot owned by them. Minimum cost as herein recited shall be scaled up or down in accordance with the change in cost levels as set forth in Paragraph 3 of thisl Deed. For the purpose of this restriction, a pre -fabricated or pre-cut house shall be a house 40% or more of the basic structure which is assembled not at the building site and before erection or installation as a part of the building. The above and foregoing Subdivision of Braddock Hills Estates, Section Two, more particularly described by survey of H. Bruce Edens, C. L.S., as appears in the attached plat, is with the free consent and in accordance with the desires of the undersigned owners. The foregoing Subdivision is with the approva5 of the County of Frederick, Virginia, as indicated by endorsement on the attached plat. ' i WITNESSETH the following signatures of W-D Company, Inc.!, I by E. E. Bayliss, Jr., its President and its seal duly affixed and attested by Fred L. Glaize, III, its Secretary: :�;o:C°:• Ps4, ) i ti ATTIC: �•I N D L. MCKEE AND BurLEA AT ._T. AT L.- W WCO..T... Vim. 22001 W-D MPANY NC. By E. E. BAYLISSI� J ., PEW. 1. v (SEAL) i )f STATE OF VIRGINIA, County OF Frederick , to -wit: - 11 I, Ancs F. Gcanious , a Notary Public in i and for the State and Count- aforesaid, do hereby certify that E. E. BAYLISS, JR. and FRED L. GLAIZE, III, President and Secretary, -5- � 28 777 CURVE, M 49L r. RA /Us. ,�Rc A )VA �O�F_MGHWAYS.` W4 001�r j00r!.AfCA4rff AV- -o2C -cff—, -a p1sr . -it • -roR to 07--,0 lei k - 10 IYO 4 &ZWMARIAN -F)?f-"v'McK COUNTY. b6tARD L7r RNSt7RSn ctl'1917r�- tN 0 C NO MARM11 DA NYZ� C". 1 19 1. M- _50__ 0 ;v *- 'THE' A151a, PIVO FVRCWING SVBP1, 'S6711'2� Y. OF MF W D CO INC L A NO AS A Pf'-1-APi S /A' r", ryjs.pi_.vr iS W17H 'rHe'rf,'CE CC7.1yrENT AND zv IN 4CrC,-04A -F W1r)t1 MF CWSS.!'S Of' THE' G4 1Zk unvny-1 CA--D 0 WAIERS, PRO 7V % . 77?us_IF, ANY ws), P7 go P0, -ceprWy r11.si- rHj j THIS -SU%PtW-9aV IS A.PORrION OF rHE LAND rCVVW7rV 70 W 0 co me vy• `O4--v - DA rrp:;,5, OCT. 119 6 8 ilv, DEED BOOKS 547'PAGE360 0 OUIr C4AMd DEED DATED -2, rC&, 1971'. M DECDBOOK 37rj Sfrr TION 'Z' AINES8 OFO V F 'CO. WA tT �.� ',.L. . ✓LJLY /3, I9TJ� SG4LE, �y'+ :�. • ..i•� j 3 )t( -; -11,661 CE 4"M,1-1� I 'VinG:NIA FREDERICK COUNTY, $CT. This instrument of writing was produced to nte on the o-4,4, of 'Iael at and with Certificate of acknowledgment thereto annexed was admhW IQ fecold. s. y. ee Y: l/ c A UO o i C. t (Na `�.' V] cn r f°J'iP�rs� '4 iYixGJr1& ��sL i d e�,%ri7� y d 54 lk 34. ct rj 10" G .r it l7 O OS _ W r. r 5L'63i f' p MOTE ALL LOTS TO HAVE A `a 50 'BU/LDING RESTRICT/ON LINE - _ rHEAL /?fP�A Ea I Ile 6c P?I- OIRIFC7'OR IC:A' :` ,oA.,, o � q PrRW-<r ` t"f�i 0,� OF / O ? J I T,� ✓ � r ,,v r� aS7ANr-- ti _.._. { or 3"':J i- W _: ("'O IJVC L ANO Aw � • TPEARS IN �PreE a�0Nsk_'1 .r AND� 1 Coo f AN, I wt rH mr of-VRES" OF :HE i 25 O►v°NF. HST P:PRsE T{>R^ Q 0 y' i I HEP-,6Y' t.ERilf" i"ttAI"` t"NE LANrr' ' FH16 S(.�►GMV-4 `liW P; A f'C%R?'Jc�fk tom` THE L, AND (WIOF;`E%7 i M W O CO lt.0 BY 011-L' OATED 15, OCT, 11966 /'i ' � �: FL�,�����ff f�t9`..c .� �f�� . ,<. !SEED ROOK 347` PACE" 360 S QU17' CL A I# UEEt DAISl� 2, . E 1,97'1 IN DFED80o (` 3� _ _.�. ( AT ;E 274 i " l TVA/ � H J;,',-V E E0ENS C! S. • L f �.,_ i e f action on other agenda items. SUBDIVISIONS � �%� �./ I,l�� � �3 1py College Park, Section 4 Preliminary Plat - Approved Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the preliminary plat of College Park Subdivision Section 4 containing 12 lots, located off of Route 50 east and behind the Holiday Inn. The above resolution was passed by the following vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Braddock Hills Estates, Section 3 - Final Plat - Approved Mr. Berg presented the final plat of Braddock Hills Estates and stated that the Planning Commission recommends denial of this plat. Mr. Sandy asked why the Planning Commission was recommending denial. Mr. Berg stated that this subdivision was approved in 1971 and again in 1973 but has never been recorded and therefore, it is considered a new subdivision and i it does not meet some of the requirements. He further stated that the lots are platted with 100' frontage and do not meet the 120' requirement in our current Subdivision Ordinance and the Planning Commission felt they couldn't approve it. Mr. Sandy asked if there were any buildings on any of the lots. Mr. Berg stated there were no buildings on any of the lots but a road has been constructed into the subdivision. Mr. Ben Butler appeared before the Board representing the developer of this subdivision stating that it was first approved by the Board of Supervisors on ii i August 9, 1971, but was not subsequently recorded. Mr. Butler further stated that the plat was resubmitted in July of 1973 before i the adoption of the current subdivision ordinance and the developers have been I securing approvals and meeting requirements since that time. Mr. Berg stated that he was concerned about the issuance of building permits inasmuch as the lots do not meet the requirements set forth in the Subdivision Ordinance. Mr. Sandy stated that if the Board should approve the subdivision, it should also direct Mr. Riley to approve the issuance of building permits for the same. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of Braddock Hills Estates, Section 3 jl ij containing 13 lots in the Gainesboro Magisterial District and does further direct i1 J. William Riley, Zoning Code Administrator, to approve the issuance of building i t♦♦-ti��f�i t i t tn." 2 t permits for said lots. The above resolution was passed by the following vote: Raymond C. Sandy, Aye J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F Madigan, Aye. Lake Holiday Estates, Section 12 - Final Plat - Approved Mr. Berg presented the final plat of Lake Holiday Estates, Section 12 and stated that all approvals had been obtained. Mr. Cole asked if a bond had been posted and Mr. Renalds stated that a corporate bond had been posted. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of Lake Holiday Estates, Section 12 containing 267 lots and does accept the corporate bond as presented. The above resolution was passed by the following recorded vote: Raymond C. i Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye;;; and Dennis T. Cole, Nay; stating that he could not approve this plat inasmuch as the{ bond posted is not a surety bond. CTMV DT TM �! Roller Skating Rink - Route 7 - Approved Mr. Berg presented the site plan for the proposed roller rink to be con- structed on the property adjacent to Clarke-Chrysler-Plvmouth. Incornorafoa- McKEE AND BUTLER 11 S. CAMERON ST. — WINCHESTER, VA. 22601 — PHONE: 662-3486 MESSAGE R E P L Y To F Mr. Ron Berg - I DATE: Frederick County Board of Supervisors 9 Court Square Winchester, Virginia 22601 L s D J A i File 2872 W-D Company, Inc. July 23, 1973 FOLD.. ....... ..... .... ..... .... .... . .... Dear Ron: Please find attached the petition to the Frederick County Boar of Supervisors with reference to Braddock Hills, Section Two. I would appreciate it if you would let me know in writing what, procedures to follow and on what dates Mr. E. E. Bayliss, Jr_. and Mr. Fred L._Glaize,_ III, officers of W-D Company, Inc., will have to appear before the Board of Supervisors. Thank you for your_assistanc BMB:d] BY / I BY ADDRESSEE: Write Reply, Return With this Copy Md(EE AND BUMI R - t6 MESSAGE REPLY' TO F Mr. ftn Berg DATE: Frederick Cmmty Board of supervisors 9 Court Square l- winchester, Virginia 22601 S D U A B File 2872 *-D �. Ine. July 23, 1973 FOLD . ... ... .... -.. .. .... ..,FOLD .:.: Dear Rout Please final attached the petition to the Frederick County Boar of Supervisors with reference to Braddock Sills., Section Two. I would appreciate it if yo ld let me know in writing oprocedures to follow and on what dates Mr. S. S. Bayliss Jr._ and _Mr. Fred L. Glaixe, III, officers of M•-D Company, Inc., will have to appear before the Hoard of Supervisors. Thank you for _ your asaijitancl., e11�Bidj BY i r BY SENDER: Detach and File For Follow-up EMB:smb a 7-18-73 PETITION TO FREDERICK COUNTY BOARD''OF SUPERVISORS Comes now W-D Company, Inc., a Virginia corporation, by counsel, and moves Frederick County Board of Supervisors to reapprove the plat of Braddock Hills Estates, Section Two Subdivis for the following reasons: 1. That on August 9, 1971, at the regular meeting of the Frederick County Board of Supervisors the Subdivision of Braddock Hills, Section Two, was approved as will more fully jappear from the Board of Supervisors' Minute Book 11, at Page 123. 2. Through inadvertence, the aforesaid plat was not recorded. WHEREFORE, your Petitioner prays that the same may be reapproved by the Frederick County Board of Supervisors. BENJAMIN M. BUTLER McKEE AND BUTLER 11 South Cameron Street Winchester, Virginia Counsel for Petitioner 9 MCKEE AND BUTLER ATTORNEYS AT LAW WINCHESTER. VA. 22601 11 SOUTH CAMERON STREET W-D COMPANY, INC. BY ZOM44 v jW, J�V4 , / COUNSEL Lon 7 PETITION TO FPCEDERICK COUNTY BOARID OF SUPERVISORS corte,s no,. v;-j) Company, , a !"-,Lrginia corporationp by counsel, and moves Frederick County Board of Supervisors to reapprove the plat of Braddock Hills Estatesp Sectiov Two Subdivis for the following reasonst 1. That or. August 9j 1971� at the raigular mseting of 11,he Frederick County Bcard Of Supervisors the Subdivision of Braddock Hills, Section Two,, was approved as will more fully appear from the scard of Supervisors' Minute Book 11, at Page 123. 2. Through inadvertence, the aforesaid plat was not recorded. WHEREFORE, your Petitioner prays that the same may be reapproved by the Frederick County Broard -i�f Surporvi�icr-,. 9ENJAXIC.N M. BUTLER ADID !`�UTITARI 113. South Cameron -treet Counsel for Petitioner MCKEE AND BUTLER ATTORNBTS AT LAW Wxxcnr,STER. VA. 22601 it SOUTH CAMERON STREET W-L COMP1kryt INC. y k"N ;,A 4�1. "131 kW . w - MAIR, �, WM xb N ct C�F ON, S 4- .'e, C7,70MMEN', ALE, NO' V 55 I C tY WV .,AR; n A41M ),US ARC r t 0 from C of Fr Virginia E°� To Date __"Time A ❑ Reply ❑ Initial and return ❑ See me Form PP66 The Drawing Board, Inc., Box SOS, Dallas. Texas PENDENCY BOND W-D COMPANY, INC . , as Principal, and the Escrow Account in the amount Iof One Thousand, Two Hundred Fifty ($1,250.00) Dollars, hereinafter recited, as Surety, is held and firmly bound unto the County of Frederick, Virginia in the just `and full amount of One Thousand, Two Hundred Fifty ($1,250.00) Dollars, to the I payment of which, the said W-D Company, Inc. binds itself, its successors and assigns, and waives all exemptions as to this obligation. Sealed with its seal this 19th day of December, 1974. The condition of the above obligation is such that W-D Company, Inc. is now subdividing certain land in Frederick County, Virginia known as Braddock Estates, Section Two, and there is in said Subdivision a certain portion of street known as Woodridge Drive, as shown on that certain plat and survey, drawn by H. Bruce Edens, C. L. S . , dated July 13, 1971, and by this reference made a part hereof as if set out in full; by an Ordinance duly adopted by the Board of of Frederick County, Virginia, it is provided that a bond of 20% of the construction costs be posted to indemnify the County for any costs arising out of the acceptance of said Street by the County of Frederick, Virginia until such time as the Virginia Department of Highways takes the said Street into its Secondary Road System; and it is agreed that the sum of One Thousand, Two Hundred Fifty ($1,250.00) Dollars is sufficient to indemnify the County of Frederick for said Street improvements in Braddock Hills Estates, Section Two. Now, therefore, if Woodridge Drive is accepted into the Virginia Road System by the Virginia Department of Highways, this bond shall be void; wise, to remain in full force and virtue. Dated this 19th day of December, 1974. Mcs$s "2M BAR (CORPORATE SEAL) ^T"Zwa Ar LAW Warezzam=. VA. 22601 i. SOUTH CAMERON STREET ATTEST. FRED L. GLAIZE , III, SECRETARY W-D COMPANY, INC. , rnZ1J11JG1Y1 t NON NEGOTIABLE 1.250.00 _ `CERTIFICATE OF DEPOSIT 54-6048664 FARMERS AND MERONANTS NATIONAL BANK N.10565 Taxpayers No. Winchester , VIRGINIA Date itecenbe1 20. 1274 THIS BANK CERTIFIES that there has been deposited with it One thousand, two hundred fifty & no--100 DOLLARS which will be paid to J. 0. Renalds, Escrow ARt. for Frederick County on the terms contained herein. Such amount will be repaid 3 months after date, upon the return of this certificate properly: endorsed, except that unless the bank receives 15 days prior written notice before the end of the original term, this certificate - shall automatically be considered renewed for successive periods of 3 months on the same terms as are contained herein with respect to the first 3 months. Interest at the rate of 5 112 PER CENT per annum will be paid at the end of each3_month period from date of issue by mailed remittance to payee -This bank reserves the right to terminate or alter the terms of this certificate at the end of the original or any subsequent period by giving written notice So days prior to the end of any such period. This certificate is not subject to check, and is not transferable or assignable except to this bank. This certificate is subject to the rules and regulations of the Federal Reserve Board, Comptroller of the Currency, and Farmers and Merchants Nation al Bank. AVTHOBIZBD SIQNATQBE N PETER K. MCKEE (1934-1967) BENJAMIN M. BUTLER STF.PHEN G. BUTLER MCKEE AND BUTLER 974 ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 11 SOUTH CAMERON STREET oll-olbr 28, 1974, Mr. Herbert L. Sluder Sanitarian Frederick County Health inept. 150 Commercial. street Winchester, Virginia 22601 Re, Braddock Hills Estates, Section My File �� 272 Dear 'fir. . hider; AREA CODE 703 TELEPHONE 662-3486 I have received © thesoil analysis on Brad' : o�� Hills Estates, section 21, and would appreciate, t.w i u could inform. rye as to what other requirtments,the FrederiCk County Health Department will re al �h respect to the � rae. MPlease 'to your ct .celet know if I ho l u it tzars r . xl '. .. Very truly yours, McKEE AND BUTLER, BENJAMITN M. BUTLER B1 : smb Enclosures cc: Mr. Fred L. Glaize, III '. E. E. Bayliss, Jr. Mr. H. Ronald Berg PETER K.MCKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G. BUTLER RECEIVED !-j' LrC 1 0 1974 � �AX-1 MC.KEE AND BUTLER ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 11 SOUTH CAMERON STREET December 9, 1974 Mr. H. Ronald Berg Planning Director Frederick County Department of Planning and Development 9 Court Square Winchester, Virginia 22601 Re: My File No. 2872 Braddock Hills Estates, Section 2 Dear Ron: AREA CODE 703 TELEPHONE 662-3486 I would appreciate it if you would send the Braddock Hills Estates, Section 2, on to the Frederick County Board of Supervisors, even though the Frederick County Planning Commission has not approved the same because it :does not meet the zoning requirements of Frederick County. I would like to make a plea of harship in the case to the Board of Supervisors on the basis of the fact that it was approved at one time, and, through inadvertence, the plat was not recorded, that the road has already been completed and paid for at considerable expense, that percolation tests and soil analysis have been run on the property, and that this matter has been pending for some two years. In view of these facts, I feel that the application of the Zoning Ordinance is an ex post facto law as regards this subdivision. Thank you for your assistance. Very truly yours, MCKEE AND BUTLER BENJAMIN M. BUTLER BMB:smb cc: Mr. J. O. Renalds, III Mr. Fred L. Glaize, III Mr. E. E. Bayliss, Jr. PETER K.McKEE (1934-1967) BENJAMIN M.BUTLER STEPREN G. BUTLER McKEE AND BUTLER ATTORNEYS AT LAW WINCHESTER,VIRGINIA 22601 11 .SOUTH CAMERON STREET December 17, 1974 Mr. H. Ronald Berg Planning Director Frederick County Department of Planning and Development 9 Court Square Winchester, Virginia 22601 Re: My File No. 2872 Braddock Hills Estates, Section 2 Dear Ron: AREA CODE 703 TELEPHONE 662-3486 Please find enclosed the receipt showing the review fee, along with copy of the Deed of Dedication which is proposed for the subdivision. It is my understanding after talking with J. 0. Renalds that once the maintenance bond for the Virginia Department of Highways is posted, that Frederick County will be satisfied with the subdivision. Very truly yours, McKEE AND BUTLER BENJAMIN M. BUTLER BMB:smb Enclosures THIS DEED OF DEDICATION, made and dated this 23rd day .CKEE AND BUTLER ATTORNEYS AT LAW 'SNCRESTER. VA. 22601 1 SOUTH CAMERON STREET of August, 1973, by and between W--D COMPANY, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia, party of the first part, hereinafter referred to as Grantor; and the County of Frederick, Virginia, party of the second part, hereinafter referred to as Grantee. WHEREAS, the Grantor is the owner in fee simple of a certain tract or parcel of land lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, just North of U. S. Route 522, and more particularly described by plat and survey of H. Bruce Edens, C. L. S., dated July 13, 1971, as Section Two of Braddock Hills Estates, attached hereto and made a part hereof, to .which reference is made for a more particular description of said section and now desire to subdivid the same into lots to be known as Braddock Hills Estates, Section Two, in accordance with the provisions of the Subdivision Ordinan of Frederick County, Virginia. NOW, THEREFORE, WITNESSETH: That for valuable considera tion of the benefits that will accrue by reason of this dedicatic the Grantor does grant and convey unto the Grantee, in fee simple such portion of the premises platted as is on the plat attached hereto and described above set apart for streets, alleys, public easements or other public use and to create a public right of way of passage over the same; and being a portion of the same land conveyed to the Grantor by deed of James B. Ruble, et al, dated October 3, 1968, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 347, at Page 360, and by deed dated February 2, 1971, from James B. Ruble, et al , of record in the aforesaid Clerk's Office in Deed Book 373, at Page 274. The lots or tracts of land in this subdivision are subject to certain restrictions which are to constitute covenants e 11 to run with the land and shall be binding on all parties and persons claiming under them and for the benefit of and limitation upon all future owners in said addition and are more particularly set out as follows: 1. SUBDIVIDING: None of said lots shall at any time be subdivided, conveyed or sold except as a whole, unless the subdivision, conveyance or sale thereof involves multiple lots so that each of the portions into which the lots are subdivided for the purpose of subdivision, conveyance or sale results in the lots being created for the purpose of subdivision, conveyancE or sale as well as each of the lots remaining after such subdivision, conveyance or sale are of a size larger than the lots as shown on the plat recorded herein and from which said portions are crea 2. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, place, or permitted to remain, on any lot other than one detached single-family dwelling not to exceed two and one- half stories in height and a private garage for not more than two cars. 3. DWELLING COST, QUALITY AND SIZE: No dwelling shall be permitted on any lot at a cost of less than $25,000.00, excluding cost of land, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive.of one-story open porches and garages, shall be not less than 1,350 square feet for a one-story dwelling, nor 7KEE AND BUTLER ATTORNEYS AT LAW less than 900 square feet for a dwelling of more than one story. NCIIESTER, VA. 22601 SOUTH CAMERON STREET 4. BUILDING LOCATION: No building shall be located on -2- I E AND BUTLER R:vRYS AT LAW ZSTER, VA. 22601 7H CAMERON STREET any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorder plat. In any event no building shall be located on any lot nearer than 50 feet to the front lot line. No building shall be located nearer than 10 feet to an interior lot line except that a garage that is located at least 10 feet from the rear of the residence may be located no nearer than five feet to any side or rear lot line. No dwelling shall be located on any interior lot nearer than 50 feet to the rear lot lines. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 5. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each and every lot shall be kept mown and free from weeds and debris at all times, to comply with county ordinances. 6. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 7. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 8. LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. -3- EE AND BUTLER ' ..1 R ZEYS AT LAW HESTER. VA. 22601 UTH CAMERON STREET 9.GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers._ All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 10. SIGHT DISTANCE AT INTERSECTIONS: On any corner lot there shall be no planting, struction, fences, shrubbery or other obstruction to vision, more than 3 feet above the curb level, within 25 feet of the intersection of any two street lines 11. ENFORCEMENT: Enforcement shall be by proceedings at law or equity against any person or persons violating or atte ing to violate any covenant either to restrain violation or to recover damages. 12. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 13. Easement for the installation and maintenance of utilities and drainage facilities are reserved where shown on a recorded plat or reserved in deed of conveyance. 14. No lot can be used for the purpose of building streets to adjoining property for ingress or egress, without written consent of original owner of the Subdivision, namely, W-D Company, Inc., Winchester, Virginia. 15. All wells and septic systems to meet the approval of the Winchester -Frederick County Health Department. 16. No dwelling house shall be erected upon the said lots of a pre-cut or a pre -fabricated nature. However, the restriction with regard to the use of pre -fabricated or pre-cut houses may be removed with the consent of 750 of the owners of lots in Braddock Hills Estates at the time the restriction is sought to be removed. For the purpose of determining the CEO necessary 75% consent, owners of more than one lot shall be considered separate owners as to each lot owned by them. Minimum cost as herein recited shall be scaled up or down in accordance with the change in cost levels as set forth in Paragraph 3 of this Deed. For the purpose of this restriction, a pre -fabricated or pre-cut house shall be a house 400 or more of the basic structure which is assembled not at the building site and before erection or installation as a part of the building. The above and foregoing Subdivision of Braddock Hills Estates, Section Two, more particularly described by survey of H. Bruce Edens, C. L.S., as appears in the attached plat, is with the free consent and in accordance with the desires of the undersigned owners. The foregoing Subdivision is with the approva of the County of Frederick, Virginia, as indicated by endorsement on the attached plat. WITNESSETH the following signatures of W-D Company, Inc. by E. E. Bayliss, Jr., its President and its seal duly affixed,' and attested by Fred L. Glaize, III, its Secretary: W-D COMPANY,_JNC. t By (SEAL) E. E. ATTEST: RED L. GLAIZE, III, SECRETARY STATE OF VIRGINIA, /'JR . , P bf r (SEA ) DENT County OF Frederick , to -wit: I, Agnes F. Geanious , a Notary Public' in and for the State and County aforesaid, do hereby certify ,that AND BUTLER NETS AT LAW E. E. BAYLISS, JR.. and FRE.D. L. GLAIZE, III, ,President and Secreta ;TER, VA. 22601 CAMEFON STREET -5- Yr AAA i pw respectively, of w-D COMPANY, INC., whose names are signed to the foregoing Deed of Dedication, bearing date of August 23rdf 1973, j have personally appeared before me and acknowledged the same in County my State and aforesaid. Given under my hand this 23rd day of August , 1973. I� ;.. My commission expires September 1.5, 1973. �. NOTARY PUBLIC i i>.rl y s3i i I 1. E AND BUTLER ENEYB AT LAW :BTEE. VA. 22601 - 'H CAMERON STREET i 4 July 25, 1973 Hr. saajamin Butler HCKee and Nstler 11 S. CaMsrm Street Winchester, vA 22601 Veer Hr. Butlers As required by the subdivision RegulatiOns, the plat for Braddock Hills Estates has been marked 'U!'7ID. The plat must be resubmitted with the approvals of the Health and Highway Departments. It is quite possible that they will initial the existing plat. we will then submit the plat, as a Final Plat, to the Planning commission on August 2, 1973 and to the Board of Supervisors on August 8, 1973. Dif you have any questions, please contact me. I' Sincerely yours, H. Ronald Berra, Deputy Subdivision Administrator HRSsskr cc Hr. J. O. Rehalds, III Enclosure I NON NEGOTIABLE $ a 2 0. 0 CERTIFICATE OF DEPOSIT 54-6048664 FARMERS .AND MUMS NATIONAL BANK N° 10565 Taxpayers No.Winchester VIRGINIA Date Deeuber _20, 1974 THIS B.,QKK CERTIFIES that there has been deposited with it One thousand, two hundred fifty & no-100 DOLLARS which will be paid to J. 0. Renalds, Escrow Agt._for Frederick County on the terms contained herein. Such amount will be repaid 3 months after date, upon the return of this certificate properly endorsed, except that unless the bank receives to days prior written notice before the end of the original term, this certificate shall automatically be considered renewed for successive periods of 3 months on the same terms as are contained herein with respect to the first 3 months. Interest at the rate of 5 112 PER CENT per annum will be paid at y the end of each 3_month period from date of issue by mailed remittance to payee.This bank reserves the right to terminate or alter the terms of this certificate at the end of the original or any subsequent period by giving written notice s0 days prior to the end of any such period. This certificate is not subject to check, and is not transferable or assignable except to this bank. This certificate is subject] to the rules and regulations of the Federal Reserve Board, Comptroller of the Currency, and harmers and Merchants Nation- al Bank. AUTHORIZED SIGNATURE t \LCHEE AND BUTLER 11 ATTORYFYS AT LA%V !! WI. Ccn :sTFR. VA. 22601 fit SOUTH CAMERON STREET PENDENCY BOND W-D COMPANY, INC. , as Principal, and the Escrow Account in the amount .of One Thousand; Two Hundred Fifty ($1,250.00) Dollars, hereinafter recited, as Surety , is held and firmly bound unto the County of Frederick, Virginia in the just and full amount of One Thousand, Two Hundred Fifty ($1,250.00) Dollars, to the payment of which, the said W-D Company, Inc. binds itself, its successors and ,ssigns , and waives all exemptions as to this obligation. Sealed with its seal this 19th day of December, 1974. The condition of the above obligation is such that W-D Company, Inc, is now subdividing certain land in Frederick County, Virginia known as Braddock Hil Estates, Section Two, and there is in said Subdivision a certain portion of street known as Woodridge Drive, as shown on that certain plat and survey, drawn by H . Bruce Edens, C . L . S . , dated July 13, 1971, and by this reference made a part hereof as if set out in full; by an Ordinance duly adopted by the Board of Supervis of Frederick County, Virginia, it is provided that a bond of 20 0 of the construction costs be posted to indemnify the County for any costs arising out of the acceptance of said Street by the County of Frederick, Virginia until such time as the Virginia Department of Highways takes the said Street into its Secondary Road System; and it is agreed that the sum of One Thousand, Two Hundred Fifty ($1,250.00) Dollars is sufficient to indemnify the County of Frederick for said Street improvements in Braddock Hills Estates, Section Two. Now, therefore, if Woodridge Drive is accepted into the Virginia Se Road System by the Virginia Department of Highways, this bond shall be void; othe wise, to remain in full force and virtue, Dated this 19th day of December, 1974. W-D COMPANY, INC. (CORPORATE SEAL) E . E . BAYL/(ISS , JR J, PRESIDENT [j ATTEST: /7 1 FRED L . GLAIZE , III, SECRETARY i CI Braddock Hills Estates Sec. II Gainesboro District SUBD