HomeMy WebLinkAboutLeon B. Zeiger Section 5 Back Creek District - Backfile8 � '
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LEON B. ZEIGER, ET UX
DEED OF DEDICATION
boos 544 PAE S
THIS DEED OF DEDICATION, made'and dated this � day
of January, 1982, by and between LEON B. ZEIGER and BETTY L.
ZEIGER, his wife, parties of.the first part, hereinafter called
the Grantors, and the COUNTY OF FREDERICR, VIRGINIA# party of the
second part, hereinafter called the Grantee.
WHEREAS, Leon B. Zeiger is the owner in fee simple of a
certain tract or parcel of land situate*in Frederick County,
Virginia, to -wits All of,that,certain tract or parcel of land,
together with the improvements thereon and the appurtenances
thereunto belonging,; containing 12,481 acres, lying and being
situate in Back Creek Magisterial District, Fredorick County,
Virginia, and more particularly described as Section 3, Leon B.
Zeiger Subdivision, on that certain plat and survey drawn by J.
R. Nicely, C.L.S., dated November 15, 1975, attached hereto and
by this reference made a part hereof, and being a portion of the
same land conveyed to Leon B. Zeiger by deed from Alma B. Shade,
Widow, dated December 19, 1972, of record in the Office of the
Clerk of the Circuit Court of Frederick County, Virginia, in Deed
Book 402 at Page 3881 and
WHEREAS, by deed of dedication dated April 1, 1976, of
record in the aforesaid Clerk's Office in Deed Book 458 at Page
294, Section 5 vas dedicated and by action of the Board of Super-
visors on July 20, 19770 said subdivision was vacated= and
WHEREAS, the Grantors have obtained approval of said
subdivision from the appropriate authorities and desire to sub-
divide the same into lots to be known as •Section 5, Leon B.
Zeiger Subdivision,' and that the above and foregoing subdivision
of the afore -described -property as it appeare_on the attached
plat is with the free consent and in accordance with the desires
of the undersigned owners and that the said Grantors do further
desire to subdivide the aforesaid property in accordance with the
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BOOK 544 pAu 9
Provisions of •The Virginia Land Subdivision Act,* as are ap-
plicable and the applicable ordinances of Frederick County,
Virginia and to dedicate the street known as Sarah Drive, as -
shown on said plat, to the County of Frederick, Virginia.
NOW THEREFORE, THIS DEED OF-DEDICA71ON WITNESSETHt
That for and in consideration of the premises and the benefits
that will accrue by reason of this dedication, the Grantors do
hereby subdivide, grant and dedicate in fee simple, all -of that
portion of land designated as Section 5, Leon B. Zeiger Sub-
division, located just north of Route 616 in Back Creek Magis-
terial District, Frederick County, Virginia, and more particu-
larly described on the aforesaid plat and survey attached hereto
and by reference made a part hereof for the street. known as Sarah
.Drive, and to create a public right of possession of the same,
.and being a portion of 'the same land conveyed to Leon B. Zeiger
-by deed from Alma B. Shade, Widow, dated December 19, 1972, of
record in the aforesaid Clerk's Office in Deed Book 402 at Page
38.
All of the lots as shown on the plat attached hereto
.shall be•subject to the following restrictions, which are cove-
nants real running with the land, and shall be binding on all
subsequent owners of the said lots, and each deed shall contain
these restrictions or incorporate them by reference:
1. All the parcel or parcels of real estate hereby
subdivided by this deed may be used for residential purposes
only, and only one {1) single family dwelling may be erected per.
lot.
2. No commercial buildings shall be erected upon the
lots nor shall the property be used for commercial purposes.
3. There shall be.a building setback line of 35 feet
from the front property line along the streets on each of the
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Soox 544 wr M
said lots, and no dwelling house or any part thereof shall be
building in front of said property line, the minimum side yard
for each main structure shall be 15 feet with the width of both
side yards a minimum of 35 feet. Such main structure shall have
a rear yard with a minimum depth of 35 feet.
4. No animals or -fowl except one per lot such as cats
and dogs and canaries on the premises..
5., No other building shall be erected upon said lots
except those set forth herein.
6. There shall be no subdividing lots or the granting
of easements or rights of way except for public utilities.
7. There shall be no fences erected in the front of
said lots or along the sides from the rear of dwelling house to
the front property lines; however, fences may be erected in the
rear of said lots, except not higher than three (3) feet, and
there shall be no solid fences made of chicken wire or other
farm -type fences.
S. Any residence constructed upon the property hereby
conveyed must contain not less than 960 square feet of floor
space and at a cost of not less than $20,000.00. .
WITNESS the followina sionatumea aRg2ealse
SrBAL)
SEAL)
I
STATE OF VIRGINIA a t lz�al c-
! - of ✓. To -wit:
I. ,..«,_ a,C�. , a Notary Public
in and for the State and aforesaid, hereby certify
that Leon B. Zeiger and Betty b. Zeiger, his wife,•whose names
are signed to.the foregoing deed of dedication dated the
day of January, 1982, have this day personally appeared before as
and acknowledged the same.
Given under my hand this- % /day of January, 1982.
My Commission expires
s oary Public
in
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.
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: BOOK 544 w H
J. R. Nicely
Certified ImJ Surveyor
109 South Kent St.
1 Winchester, Virginia
Yates and Sounds Description
• Section 5i. Subdivision of the Lenf.s�.af IAan P. giiaer
Beginning at a,Foint in the North PSghtof-67 llne of Rotate 616, an
existing 401 wide RN, a short distance N6rthwent of- the -intersection
of Rt. 608 and Rt. 616; thence, with the,eaid R/K line, S 86009,33" W,
63.34 feet, to a co,m,on ccrner with Section 3; thence, leaving Rt. 616
'and.with Section 3,•two courses, N 3*20147' We-425.71 feet, to an iron;
thence, N 70004,22" W,•334.52 feet, to an iron, a corner {o Section 1;
thence, with Section 1, N 63008149" h, 120.00 feet; thence, lchvir.0 1
and by four new courses through. the Zeiger Land, N 35°39*13" E, 263.47 feet;
thence, N 57*46134" E, 10C.00 feet; thence, by a cwva to the right,
haviy�g an angle of 257*32,59" a radius of 30.00 feet, for or• arc distance
of 137.89 feet; thence, N 35°39013" E, 327.01 feet, to a point in t!,e west
RIW line of the wine*.eater one Western Railroad , e ;ot PA:'; thence, with.
the RA and.the land of the teid.R.R., six corrset, S 44•03153" Es.280.84
feet; thence, by a curve to the right, hewing a cer-tral orglo of 24"48145",
and a radius of 803.52 feet, for an arc distance of 347.9E feet; thence,
S 19°15110" E, 261.16 fact; thence, S 6.37109" W, 22.38 feet; thence,
S 4r38'0E' W, 70..13 feet; thence, S W18100" E, 25.00 feet; thence,
-leaving the R.R. land, S 35 46130" We 185.98 Sect; thence, S 64•16,55" We
225.80 feet; thence, S 2V50'4f.•' W, 137.41 feet, to tte beginning; lying.
and beint situated ir, Rack Crack District, Frederick County, Virtiria.
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