HomeMy WebLinkAbout08-93 Fredericktowne Est., Section 8 and 9 Opequon District - Backfile (2)* STAFF SUBDIVISION CHECKLIST *
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SUBMISSION PACKAGE
Comment sheets from the following agencies, along with any marked copies of the plan:
✓ VDOT
I/" Sanitation Authority
t/ Inspections Department
✓ Fire Marshal
One copy of the subdivision application
15 copies of the plan on a single sheet
One reproducible copy of the plan (if required)
A 35mm. slide of the plan
DATES STAFF TRACKING
,Application received.
City of Winchester
Health Department
Parks & Recreation
County Engineer
✓ S D i 4-
r
l,)o)q 3Fee paid. (amount $ Z0"1 D
9 Info entered in dBase (upon submittal) (after approval)
IOZY3 Subdivision heard by Planning Commission. Action taken
(MDP# if applicable 007-99 )
iun Subdivision heard by Board of Supervisors. Action taken
411/913eliminary approval letter to applicant/agent
fU // '`,Preliminary approval letter to applicant
51,31115Final plat submitted with review agency signatures and;
CPC;deed of dedication
at signed by Planning Director
-F.9f jgPlat signed by Subdivision Administrator
I �ouse numbering assigned
bond estimate $
RECEIPT
N-2 023884
AMOUNT DUE
.
AMOUNT PrID
PAID BY
❑ CASH
CHECK I
OTHER
FREDEF; C�_ " PLANNING AND DEVELOPMENT
P.O. BOX 601, 9 NCRTH LOUDON ST.
WINCHESTER, VIRGINIA 22601
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DAY -TIMERS RE -ORDER No. 1221 —_Printed in USA
BY
O1 Lot 52
Fredericktowne Subdivision
Section Three
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Section Three
0 Denotes iron rod to be set
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SETBACK REQUIREMENTS
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SIDE = 10'
REAR = 25'
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Utility & Drainage Easement along all property
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Fredericktowne Estates — Section 9
DATE: 5 August 1993 I SCALE: 1"=50' I Sheet 9 of 9
gilbert w. Clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C aide Greenwich Drive
Fredericksburg, Virginia 22401
(703) 696-2115
200 North Cameron Street
Winchester, Virginia 22601
(703) 667-2139
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/ 678-0682
October 25, 1995
Dave Holliday Construction
P.O. Box 2715
Winchester, Virginia 22604
RE: Fredericktowne Estates Sections 8 & 9
Dear Mr. Holliday:
The purpose of this letter is to advise you of a significant concern associated with the above
referenced development. The crux of this matter regards the existing condition of the streets
within Sections 8 & 9 of Fredericktowne Estates and the issuance of occupancy permits. As you
know, Frederick County adopted a comprehensive revision to the Subdivision Ordinance in
November 1991. Section 144-17A and Section 144-17M specify that residences will not be
occupied until streets are constructed with a minimum of a compacted CBR base and a prime
and single seal surface, as well as posted street signs at each street intersection. My inspection
conducted on Tuesday, October 24, 1995 indicates that these requirements have not been met.
In addition to these requirements, the most practical means of access to Sections 8 & 9 (Fairfax
Drive) is barricaded by construction equipment.
I understand that there is a cost associated with resealing a road surface if it becomes damaged;
however, the primary concern of Frederick County is public safety. At this time, public safety
is being compromised due to the inability to provide direct access to these sections, by not
meeting minimum surface requirements, and by not posting all streets. Immediate measures
need to be undertaken to remedy this situation, as the current situation is not acceptable. Please
contact our department upon your receipt of this letter so we can discuss when these
improvements will occur. I look forward to working with you to ensure the safety of those
working and residing within Fredericktowne Estates.
Sincerely,
ELIa', �. ----
Evan A. Wyatt 44
Planner II
EAW
bc: John R. Riley, Jr., County Administrator
Robert W. Watkins, Planning Director
John Trenary, Building Inspector
Ed Strawsnyder, Engineer
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
i COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
October 11, 1993
G. W. Clifford & Associates
Attn: P. Duane Brown
200 N. Cameron Street
Winchester, Virginia 22601
Dear Duane:
This letter is to confirm that on October 6, 1993, the Frederick County Planning Commission
approved sections 8 & 9 of Fredericktowne Estates for 36 lots for single family detached houses.
This property is located east of Stephens City, north of section 4, west of section 7 and east of
section 3, in the Opequon District, and is identified as PIN 75-A-72 and part of 75-A-67 and
75E-1-3-51.
In order to obtain final administrative approval you will need to provide this office with a deed
of dedication, appropriate bonding and plats complete with required signatures.
Please do not hesitate to call if you have any questions regarding this subdivision.
Sin erely,
W. yne Miller
Subdivision Administrator
WWM/slk
cc: Top of Virginia Development Corp.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
-829OW
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a t 44
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER - February 23, 1994
Mr. P. Duane Brown, C.L.S.
C/O G. W. Clifford & Associates
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE(703)984-4133
FAX (703) 984-9761
Ref: Fredericktowne Estates
Sections VIII & IX
Route 1058
Frederick County
We have received your plans for the referenced project dated January 20,1994 which detail
revised grading along Fairfax Drive from Station 17+00 to Station 21+0.632. The plans
appear satisfactory as submitted and are approved. However, I would like to point out due
to grading changes the existing 36"x22" C.M.P.A. culvert under Wythe Avenue may need
to be extended by the developer during construction. A note to this affect will be added
to the land use permit plans.
All comments in our earlier approval letter dated October 26, 1993 (copy attached) still
apply. I will also need four (4) additional sets of the approved plans for our files.
Also, as requested, we have signed and are returning the subdivision plat for Section IX.
Again, please remind the developer the 18' ingress/egress easement which crosses Fairfax
Drive will need to be vacated and/or removed prior to our acceptance of Fairfax Drive into
our Secondary Maintenance System.
If you have any questions or if we can be of further assistance, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
C j-15.
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Enclosures
xe: T. L. Jackson, S. A. Nlelnikoff, K. E. Dellinger, R. W. Watkins,
H. E. Strawsnyder, Dave Holliday, Jerry King
TRANSPORTATION FOR THE 21 ST CENTURI'
COMMOINIWEALTH of V1RC1N1A
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBUR_, 22824
COMMISSIONER October 26, 1993
Mr. P. Duane Brown, C.L.S.
CIO G. W. Clifford & Associates
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE(703)984-4133
FAX (703) 984-9761
Ref: Fredericktowne Estates
Sections WII & IX
Route 1058
Frederick County
This is to acknowledge receipt of your revised plans dated October 6, 1993 for the above
referenced project. The plans appear satisfactory and are approved. Please advise the
developer accordingly.
1 offer the following comments:
• A preconstruction conference be held by the engineer andlor developer with the attendance
of the contractor, various County, agencies and VDOT shall be conducted prior to initiation
of work.
• Materials used and method of construction shall apply to current observed VDOT Road &
Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such
that additional measures are warranted, such measures shall be completed to the
satisfaction of the Department prior to inclusion into the Secondary Road System.
• Attached is a copy of the minimum requirements and information needed prior to
acceptance of subdivision streets into the Secondary System. This is the responsibility of
the developer.
• All drainage is to be carried wirhin the right-of-way inn ditch lines or gutters along the
street to a pipe or drainage easement.
• The contractor shall notifi? VDOT it -hen work is to begin or cease for ally undetennined
length of time. VDOT will also require 48 hours notice for inspections.
• The appropriate land use pennies shall be obrained before any work is pe)jfoi ned on the
State's right-of-�t'ay.
FOR `;`_ =1 ST CENTURY
�5,
Mr. P. Duane Brown
Ref.- Fredericktowne Est, Sections VIII & IX
October 26, 1993
Page #t2
• If mailboxes are to be placed along the roadway fronting lots, a minimum of four (4') feet
shall be between the edge of pavement and the front of mailbox as shown on the plan
detail.
• Any entrances constructed from the referenced street(s) shall meet VDOT minimum
standards. This is the developer's responsibility.
• Any signs to be installed will be in accordance with the attachments.
• I suggest any utilities and/or storm sewer placed within the proposed right-of-way be
backfzlled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility
of any pavement settlement.
• As requested in our earlier review letter to you, we would appreciate you providing us with
a revised/updated trip generation model for the project which takes into consideration the
Warrior Drive collector road.
• We will require two (2) additional sets of the plans for our files.
• The required slope and drainage easements on the Folmsbee, Jeter, Costello, Keller and
Nichols properties will need to be obtained before the portion of Fairfax Drive benveen
Wythe Avenue and Montgomery Circle can be added to the Secondary System.
Should you need additional information, do not hesitate to call.
Sincerely,
William H. Bushman
Trans. Resident Engineer
(;a� /3. C-41Jte�
By: Robert B. Childress
Hivy. Permits & Subd. Spec. Senior
RBC/rf
Attachments
xc: Mr. T. L. Jackson
Mr. S. A. Melnikoff (w/ copy of plans)
Mr. K. E. Dellinger (w/ copy of plans)
WO
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER
December 1, 1993
Mr. P. Duane Brown, C.L.S. Ref:
C/O G. W. Clifford & Associates, Inc.
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
WILLIAM H. BUSHMAN �►�J RESIDENT
ENGINEER
TELE(7O3)984-4133
FAX (703) 984-9761
Fredericktowne Estates
Sections VIII & IX
Route 1058
Frederick County
We have reviewed the referenced project's site plan dated November 11, 1993 which
details the revised grading along Fairfax Drive from Station 17+00 to Station
21+00.
Your revised grading plan has some discrepancies. In comparing your proposed
plan with the one we previously approved, the contours have been lowered without
changing the center line grade on the street profile. For example, the right
ditch has been lowered approximately 18"±. This cannot be allowed at the expense
of narrowing the shoulder.
Our comments and recommendations may be found on the enclosed plans marked in red
and as follows:
1. The 22' pavement with radii shown and 6' shoulders on the slope shown on the
typical road section will be required through this area. The pavement width
shown on Sheet No. 3 scales 20, instead of the proper 22'. This should be
adjusted.
2. The ditch slopes and cut slopes may be increased to 2:1 maximum through this
area only in order to stay within the 60' right-of-way.
3. A detailed grading scheme including cross sections of this area will need
to be provided to ensure all grading can be and is completed within the
right-of-way.
Please revise the plans to reflect the above and resubmit three (3) copies for
further review.
If you have any questions, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
By- obert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Enclosure
xc: Mr. T. L. Jackson, Mr. S. A. Melnikoff, Mr. K. E. Dellinger,
Mr. R. W. Watkins, Mr. H. E. Strawsnyder
TRANSPORTATION FOR THE 21 ST CENTURY
x
OGT 1993 s
COMMONWEALTH of 3IIRQ INIA pV.CE1YI�®
OEM nand
DEPARTMENT OF TRANSPORTATION T
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824 irm&LIAM H. BUSHMAN
COMMISSIONER October 26 1993 RESIDENT E VEER
TELE(703)98G-4133
FAX (703)°84-9761
Mr. P. Duane Brown, C.L.S. Ref: Fredericktowne Estates
C/O G. W. Clifford & Associates, Inc. Sections VIII & IX
200 North Cameron Street Frederick County
Winchester, VA 22601
Dear Duane:
As requested we have signed and are returning the Section VIII subdivision plat for the
referenced development. However, we are returning the Section IX plats unsigned due to the
18' ingress/egress easement within the Fairfax Drive right-of-way shown on Sheet 9 of 9.
As you know, a clear unencumbered right-of-way ;must be provided by Frederick County prior
to our acceptance of the street into the Secondary maintenance system. Therefore, the easement
must be vacated and/or removed >' from the Fairfax Drive ''right-of-way, as indicated in your
earlier letter (copy attached) to me of August 26, 1992 before we can ,sign off on the plat.
Once this issue has been addressed, please resubmit the plat along with verification the easement
has been removed for our signature. If you have any questions, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
6ad� ����
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Enclosures
xc: Mr. S. A. Melnikoff (w/ copy of Section VIII plat)
Mr. R. W. Watkins, Attn: Mr. W. Wayne Miller
Mr. Dave Holliday
TRANSPORTA7,0% FOR THE 21 ST CENTURY
PC REVIEW: 10/06/93
SUBDIVISION APPLICATION #008-93
FREDERICRTOWNE ESTATES
SECTIONS 8 & 9
LOCATION: East of Stephens City, north of section 4, west of
section 7 and east of section 3
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: part of 75-A-72, part of 75-A-67 and 75E-1-3-
51
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance)
- land use, vacant
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential
Performance) - land use, residential and vacant
PROPOSED USE: 36 lots - single family detached houses
REVIEW EVALUATION:
Virginia Dept. of Transportation: See attached letter to G.
W. Clifford & Associates from Robert Childress, VDOT, dated
August 24, 1993.
Inspections Dept.: Buildings shall comply with the Virginia
Uniform Statewide Building code and Section 309, Use Group R
(Residential) of the BOCA National Building Code/1990. Shall
have engineered site plan showing basement floor elevations in
regards to stormwater easement at the time of building permit
application on lots 156, 157, 160, 172, 173, 184, 186 and 187.
Fire Marshal: Burning of land clearing debris requires permit
from Fire Marshal's office. Burning of construction debris on
site is not permitted. Each lot requires temporary street
address signage when construction begins. Access for
emergency vehicles must be maintained at all times during
construction.
Sanitation: Approved
Parks & Recreation: Plan appears to meet open space
requirements.
County Engineer: See attached letter to G. W. Clifford &
Associates from Harvey E. Strawsnyder, dated July 12, 1993.
Soil & Water Conservation Dist.: Work has already taken place
in the area. There are no E & S controls in place. Without
calculations to support plan, proper stormwater management is
not assured.
Planning & Zoning: The proposed subdivision of sections 8 &
9 of Phase IV of this project is in conformance with the
approved master development plan. The County Engineer has
requested detailed site plans for lots, 156, 157, 160, 165,
166, 172, 173, 184, 186, 187 and 188. We support this
requirement mainly because of the potential drainage problems
in this area. It is also suggested that the drainage
easements that intrude on the buildable areas of any lot, or
vary in width, be better identified by putting the parameters
of these facilities on the plats. This is specifically
significant to lots 160, 172, 173 and 187. There has been
some erosion and sedimentation control problems in the past
and this has been alluded to by the County engineer and the
Soil & Water Conservation technician. The developer needs to
pay close attention to this area and insure proper E&S
controls are established and maintained.
STAFF RECOMMENDATIONS FOR OCTOBER 6, 1993: Approval with the
requirement that all review agency comments be adequately
addressed.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER
August 24, 1993
Mr. P. Duane Brown, C.L.S.
C/O G. W. Clifford & Associates
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE (703) 984-4133
FAX (703)984-9761
Ref: Fredericktowne Estates
Sections VIII & IX
Route 1058
Frederick County
As requested we have reviewed the above referenced site plan dated June, 1993. Our
recommendations may be found on the enclosed plans marked in red and as follows:
1. Grading/construction easements will need to be obtained along Fairfax Drive on the
adjacent Costello, Keller and Nichols' properties and Lots No. 50 & 53 of the existing
Fredericktowne Subdivision to complete the proposed grading.
2. The existing erosion control stone at the end of the 36"x22" C.M.P.A. under Route 1058
will need to be removed and replaced after the proposed grading is complete.
3. The proposed private entrances at approximate Station 19+00, Fairfax Drive, are to be
constructed with a minimum 8" of 21-B Aggregate and paved to the backside of the radii
with 2" of Type SM-2A Asphalt Concrete.
4. Standard CD-1 or 2 underdrains are to be provided at the locations noted.
5. A 2' flat bottom ditch as noted will be required along the north side of Fairfax Drive
from Lot No. 186 to Lot No. 152 in Section VIII. To prevent possible flow impediment
or erosion problems associated with private entrances, Lots No. 160, 172, 173 and 187
are to be accessed from Dickenson Court or Montgomery Circle. If not, the developer
will be required to provide minimum 30" R.C.P. entrance culverts with Standard ES-1
flared end sections through this drainage area.
6. A note concerning Lot No. 187 is to be added as shown.
7. The streets which receive a prime and double seal surface treatment are to be paved at
the application rate noted.
TRANSPORTATION FOR THE 21 ST CENTURY
Mr. P. Duane Brown
Ref: Fredericktowne Estates, Sections VIII & IX
August 24, 1993
Page #2
8. In accordance with our recently published Pavement Design Guide for Subdivision
Streets, those streets which are proposed to receive 1.5" of SM-2A Asphalt Concrete are
to be increased to a minimum 2". Also, a prime coat at the application rate noted will
be required. I have enclosed a copy of the guidelines for future reference.
9. Based on the trip generation model which was furnished to us with the site plan submittal
of Sections I & II of the development several years ago, the pavement design of Fairfax
Drive from Station 13+80.42 to Station 21+06.32 should be upgraded to a Class IV
design or 8" of Type 21-B Aggregate, 300 #/s.y. of Type BM-2 Asphalt Concrete and
165 #/s.y. of Type SM-2A Asphalt Concrete.
Also, when considering the trip generation provided and the cut through traffic due to
the Warrior Road collector, the northern portion of Montgomery Circle should be
redesigned to a Class III pavement design with a 22' surface width. Therefore, a
pavement design of 8" Type 21-B Base Aggregate and 2" Type SM-2A Asphalt Concrete
or 12" Type 21-B Base Aggregate and a prime and double seal surface should be
provided on Montgomery Circle from Station 21 +30.47 to 26+61.44.
10. It is the developer's responsibility to determine the size of the private entrance culverts
for this project. Our minimum requirements are 30' in length by 15" in diameter or
17"x 13". At this time we will require a listing of the private entrance culvert sizes for
our files.
Please revise and resubmit for further review. Should any changes be deemed necessary, please
design them to meet or exceed the above recommendations.
We would also appreciate you providing us with a revised/updated trip generation model which
takes into consideration the Warrior Drive collector road and its impacts on this project.
Should you have any questions, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Enclosures
xc: Mr. T. L. Jackson, Mr. S. A. Melnikoff, Mr. R. W. Watkins, Mr. H. E. Strawsnyder
COUNTY of FREDERICK
Harvey E. Strawsnyder, Jr., P.E.
Director of Public Works
9 North Loudoun St., 2nd Floor
703/665-5643
pUGA90J3vokS
6
July 12, 1993 ENO .Q
Mr. P. Duane Brown, C.L.S.
Gilbert W. Clifford and Associates, Inc.
200 North Cameron Street
Winchester, Virginia 22601
RE: Fredericktowne Estates, Section 8 and 9
Dear Duane:
We have completed our review of the subject subdivision plans
and offer the following comments:
1) The proposed stormwater management plan is approved as
submitted.
2) The proposed erosion and sediment control plan is approved
as submitted. We will expect the site work contractor to
implement the erosion and sediment measures outlined in the
submittal narrative. We suggest that you discuss these
measures with the developer and his construction
contractor. Because of past and present problems in the
Fredericktowne Estates subdivision related to erosion and
sediment, we plan to inspect the construction on frequent
intervals.
3) Because of the proposed drainage easements and relatively
small lots, we request that detailed site plans be prepared
for the following lots: 156, 157, 160, 165, 166, 172, 173,
184, 1861 187 and 188. These detailed site plans shall
include, but not be limited to, the following items:
building layout, finished floor elevations, finished
exterior grades (contours), driveway location, design of
culvert under driveway, drainage and/or utility easements,
pertinent structures, and elevation of 100 year storm flows
relative to the finished floor level.
Please
revise the subdivision
plans to reflect
the above
Fax: 703/678-0682
- P.O. Box 601 -
Winchester, Virginia
- 22604
Mr. P. Duane Brown, C.L.S.
Page Two
July 12, 1993
detailed site plan requirements and resubmit the revisions for our
final review and approval.
Sincerely,
Harvey E. Sltrawsnyder, Jr., P.E.
Director of Public Works
HES:rls
cc: file
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
AUG 1993
RECY IV E® c6
QEPT, OF PLANNINQ Co
AND DEVELOPMENT I,, -
Date: 30 August 1993 Application #: Fee Paid 3t7D.0 �
Applicant/Agent: Top of Virginia Development Corp./ G.W. Clifford
Address: P.O. Box 2715 / 200 N. Cameron Street
Winchester, Va 22604 / Winchester, Va 22601
Phone: (703) 667-2120 / (703) 667-2139
Owners name: Top of Virginia Development Corporation
Address: P.O. Box 2715
Winchester, Va 22604
Phone: (703) 667-2120
Please list names of all owners, principals, and/or majority
stockholders:
David B. Holliday
Ron Shickle
Contact person: P. Duane Brown
Phone: (703) 667-2139
Name of Subdivision: Fredericktowne Estates - Sections 8 & 9
Number of Lots: 36 Total Acreage: 15.7698 Acres
Property Location: East of Stephens City; north of Fredericktowne
Estates - Section 4; west of Fredericktowne Estates - Section 7
and east of Fredericktowne Subdivision - Section 3.
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District: Opeauon
Property Identification Number (PIN): Part of 75-A-72
Part of 75-A-67
Property zoning and present use: RP (Vacant)
Adjoining property zoning and use: RP (Vacant and Residential )
Has a master Development Plan been submitted for this project?
Yes X No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes X No
What was the MDP title? FREDERICKTOWNE ESTATES
Does the plat contain any changes from the approved MDP?
Yes No X
If yes, specify what changes.
Minimum Lot Size (smallest lot): 10,270 sf
Number and types of housing units in this development:
Number:
Types: Single Family Detached
0
REQUEST FOR SUBDIVISION COMMENTS����
Frederick County Inspections Department
ATTN: Kenneth L. Coffelt, Director
P.O. Box 601, Winchester, Virginia 22601
(703) 665-5651
The Frederick County Inspections Department is located at 9 Court
Squard in Winchester, if you prefer to hand deliver this review
form.
Applicant's name, address and phone number:
Top of Virginia Development Corporation P.O. Box 2715
Winchester, Va 22604 (703) 667-2120
AGENT: G.W. Clifford & Assoc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
FREDERICKTOWNE ESTATES - SECTIONS 8 & 9
Location: East of Stephens City; north of Fredericktowne
Estates - Section 4; west of Fredericktowne Estates -- Section 7
and east of Fredericktowne Subdivision - Section 3.
Inspections Department Comments: Building shall comply with the Virginia
Uniform Statewide Building Code and Section 309, Use Group R (Residential) of the
BOCA National Building Code/1990. Shall have engineer site plan showing basement
floor elevations in regards to storm water easement at the time of building permit
application on Lots 156, 157, 160, 172, 173, 184, 186 and 187.
Inspect. Signature & Date:
(NOTICE TO INSPECTIONS - F
NOTICE
It is your responsibility to
possible in order to assist
please attach a copy of your
RETURN THIS FOBW TO AGENT.
TO APPLICANT
complete this form as accurately as
the agency with their review. Also,
plans and/or application form.
[ 4TY UF FREDERlCY, VIRGIN! -,-
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMEN[S
Control No. 070793633 Date Received 070793 Date Reviewed 071293
_____
Applicant Name G. W. C1ifford & Assoc.
7-7
Address 200 N. Cameron Street
Winchester, VA 22601
Project Name Fredericktowne Estates
Phone No. 703-665-0493
Type of Application Subdivision Current Zoning RP
1st Due Fire Co. 11 1st Due Rescue Co. 11
Election District Opequon
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler System X
Automatic Fire Alarm System X Other
Emergency Vehicle Access;
Adequate X Inadequate Not Identified
------ '-----
Fire Lanes Required; Yes No X
����...
Comments:
Roadway/Aisleway Widths;
Adequate X Inadequate Not Identified
Special Hazards Noted; Yes No X
������
Comments:
Hydrant Locations;
Adequate X Inadequate Not Identified
Siamese Connection Location;
Approved Not Approved Not Identified X
Additional Comments: 1> Burning of land clearing debris requires permit
from Fire Marshal's Office. 2) Burning of construction debris on site
is not permitted. 3) Each lot requires temporary street address signage
when construction begins. 4) Access for emergency vehicles must be
maintained at all times during construction.
Review Time .25 hrs.
Kit acof
Fire Marshal
IP
REQUEST FOR SUBDIVISION COMMENTS �EpS Q1A
Ada p�VE�OPK►
Frederick County Parks & Recreation Department r�
ATTN: James Doran, Director
P.O. Box 601, Winchester, Virginia 22601
(703) 665-5678
The Frederick County Parks & Recreation Department is located on
the second floor of the Frederick County Administration Building,
9 Court Square, Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
Ton of Virginia Development Corporation P.O. Box 2715
Winchester, Va 22604 (703) 667-2120
AGENT: G.W. Clifford & Assoc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
FREDERICKTOWNE ESTATES - SECTIONS 8 & 9
Location: East of Stephens City; north of Fredericktowne
Estates - Section 4; west of Fredericktowne Estates - Section 7
and east of Fredericktowne Subdivision - Section_3.
Parks & Recreation Department Comments:
Plan appears to meet open space requirements
Parks Signature and Date:
(NOTICE PARKS - PLEASE
7/7/93
THIS FORM TO THE AGENT.)
NOTICE TO APPLICANT
It is r responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your plans and/or application form.
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Sanitation Authority
ATTN: Wellington Jones, Engineer/Director
P.O. Box 618, Winchester, Virginia 22601
(703) 665-5690
The Frederick County Sanitation Authority is located on the second
floor of the Old Frederick County Courthouse in Winchester, if you
prefer to hand deliver this review form.
Applicant's name, address and phone number:
Top of Virginia Development Corporation P.O. Box 2715
Winchester, Va 22604 (703) 667-2120
AGENT: G.W. Clifford & Assoc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703) 667 -2 13 9
Name of development and/or description of the request:
FREDERICRTOWNE ESTATES - SECTIONS 8 & 9
Location: East of Stephens City; north of Fredericktowne
Estates - Section 4; west of Fredericktowne Estates -- Section 7
and east of Fredericktowne Subdivision - Section 3.
Sanitation Authority Comments:
/tT A6VA i- 0�0°00AoV,Ea 04S '*Po
Gi.�i�f #!y J G"v 9�
� /°LAr-,P'�c 1.Esis
Sanit. Signature & Date: 9�
(NOTICE TO SANITATION - RETURN THIS FORM AGENT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach THREE copies of your plans and/or application form.
REQUEST FOR SUBDIVSION COMMENTS
DpEVb�
Lord Fairfax Soil & Water Conservation District
2045-B Valley Avenue
Winchester, Va 22601
(703)662-3312
Attn: Jim Hepner
The Soil & Conservation Office is located at 2045-B Valley Ave,
Winchester, Va, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
Top of Virginia Development Corporation P.O. Box 2715
Winchester, Va 22604 (703) 667-2120
AGENT: G.W. Clifford & Assoc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
FREDERICRTOWNE ESTATES - SECTIONS 8 & 9
Location: East of Stephens City; north of Fredericktowne
Estates - Section 4• west of Fredericktowne Estates - Section 7
and east of Fredericktowne Subdivision - Section 3.
Soil & water Conservation Comments:
't6
�_
I ✓ V b1 11 V � J -✓- / / I! \ /l /
Soil Signature & Date: A
(NOTICE TO SOIL - PLE E RETURN THIS FORM AGENT.)
WOTICE TO APPLICAM
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map, im-
pact analysis and all other pertinent information.
gilbert w. clif ford & associates, inc.
200 North Cameron Street • Winchester, Virginia 22601 ,f_'-
703-667-2139 • Fax: 703-665-0493 F `
SD
�C " NING
August 30, 1993 cs_
M
DEPT. Of pEVE Q
Mr. Wayne Miller
Frederick County Planning Department
P.O. Box 601
Winchester, VA 22601
Re: Fredericktowne Estates
Section 8 & 9 Subdivision
Dear Wayne,
Please find attached an application for Subdivision for Fredericktowne
Estates, Sections 8 & 9. Agency Comments, along with 15 Sets of Plans and Plats
are also enclosed as required by County Ordinance. This application meets the
September 13, 1993 Subdivision Cut -Off date, therefore we ask that this
Subdivision be heard at the October 6, 1993 Planning Commission Meeting.
Should you have any questions, please feel free to call me anytime.
Sincerely,
Thomas W. Price
T WP/twp
Encl.
cc: Dave Holliday
Stephe City Radio 0
Facdlf-
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N
74f
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78 0 VICI iry MAP
J_• • SC 1'=2000 r 0 's
U
APPI V D L V Frederick County Sanitation Authority Date J-/-,Qy
Planning Commission Dote
Subdivision Administrator —Dote 's
Virginia Deportment of Transportation Dote _ is sh#
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Top of Virginia Development
Corporation, as appears in the accompanying plots, is with the consent and in accordance
with the desires of the undersigned owners, propriet and trustees, if any.
NOTARY PUBLIC
i, ), 14.4 MAC ' a Notary Public in and for the state of Virginia at
large, do certify that 440411!21? S_. 9VAA/7_A**`* , whose name is signed to the
foregoing Owner's Certificate, has acknowledged the some before me in my state.
Given under my hand this TA r day of " V — 19
My commission expires &"4ff 21,, Ifff. �6)-
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this subdivision is a portion of the fond
conveyed to Top of Virginia Development Corporation by deeds doted January 21, 1992
and a// of the land conveyed to Top of Virginia Development Corporation by deed dated
February 7, 1992, said deeds recorded in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia in Deed Book 772 at Page 1417, Deed Book 772 at Page 1423
and Deed Book 791 at Page 921, respectively.
P. Duane Brown, C.L.S.
Final Plot
KLT11 Fredericktowne Estates — Section 9
Opequon Magisterial District
P. DUANE Frederick County, Virginia
BROWN
DATE: 5 August 1993 Cover Sheet Sheet I of 9
NO. 1285 gilbert w. Clifford & associates, Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150—C Olde Greenw ch Drive 200 North Comeron Street
LLA N D Fredericksburg. Mrginlo 22401 Winchester, virginto 22601
(703) 898-2115 (703) 667-2139
f" Curve Table
Dif0r�rir1r,n ;nr)
CURVE
RADIUS
LENGTH
TANGENT
CHORD
AR
' `- DELTA
1
25.00'
36.29'
22.18'
33.18'
S
18'27'39"
E
83'09'46"
2
185.00'
83.28'
42.36'
82.57'
S
47*08*49"
E
25'47'27"
3
125.00'
65.50'
33.52
64.76
S
49'l 5 50"
E
30'01 29'
4
379.10
55.72
27.91
55.67
N
21'04 39'
E
08'25'19'
5
185.00
96.95'
49.61
95.84'
N
49'15'50"
W
30'01'29'
6
125.00'
39.60'
19.97
39.43'
N
43*19'36"
W
18'09'02
7
25.00'
45.59'
32.27'
39.53'
S
75'21'34"
W
104'28'39"
8
155.00'
81.22'
41.57
80.30
N
49'15 50"
W
30'01 29 .
9
155.00
88.27
45.37
87..08'
N
50'33 55"
W
32'37 41
10
414.32
64.05
32.09
63.98
N
21'17 43'
E
08'51 26
11
354.10
50.17'
25.13
50.12'
N
20'55'31"
E
08'07'02
12
35.00'
54.98'
35.00'
49.50'
S
1916'34"
E
90'00'00"
13
35.00
54.98
35.00
49.50
N
70'43'26"
E
90'00 00
14
35.00
54.98
35.00
49.50
N
19'16 34"
W
90*00,00
15
439.32
67.91
34.02
67.85
N
21 *17'43'
E
08'51'26
16
329.10'
44.61
22.34
44.57
N
20'44 59'
E
07'45 58"
17
389.32
2 2.9 7
11.49
22.96
S
18'33'24"
W
03'22'48"
18
389.32'
37.22'
18.62
37.20'
S 22*59*07"
W
05'28'38"
19
35.00
54.98
3500
49.50
S
70'43'26" iN
90'00 00
Area SummarX
Area in Lots 6.6373 Acres
Area in R/W 1.9884 Acres
Total Area Subdivided 8.6257 Acres
No. of Lots 19
Average Lot Size 15.217 Sq. Ft.
Open Space Easement Provided (This Section)
Total Open Space Easement Required to Date
Total Open Space Easement Provided to Dote
• Denotes iron rod to be set
on property line 35' from
right-of-way line.
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
OTN O� yr.
o� P. DUANE
BROWN Y
N0, 1285 4
LA ND 5J
1.3180 Ac.
11.7290 Ac.
11.2648 Ac.
All lots ore single family detached - traditional.
All lots are subject to a 20' Slope & Drainage
Easement along all rights-of-woy and a 10'
Utility & Drainage Easement along all property
lines.
Frederlcktowne Estates - Section 9
DATE: August 1993 I Curve Table I Sheet 2 of 9
gilbert w. Clifford & associates, Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150-C Olde Greenwich Drive
Fredericksburg. Virginia 22401
(703) 890-2115
200 North Cameron Street
Winchester, Virginia 22601
(703) 667-2139
See, Sheet 2 of 9 for Curve Table.
189
n
of
dal
Fairfax
N-'"'34"W
4 66.41'
60, h'/ '
(see sheets or 9l
SETBACK REQUIREMENTS
FRONT = 35
SIDE = 10'
REAR = 25'
r P. DUANE c
N0. 128,
SAND
(see�eat , o, 9, J
_176
S 73_08'00" E BK B 3 9 F]J 3 9
O 00 142.78'
IW J0 175
o I 10, 270 Sq. Ft.
o �
V ^ N 170
to L ----J
z S 73_08_00" E
~8.13' 131.09'
0 1p 174
O 115 10, 783 Sq. Ft. '
C r
�O
i ---N14 52'36 "E ' o' C, 17l
L68.87'
/ >>? S 641fi34 ' NCo
123.04•
M 146 E N52 J
LUr76.07 1
to y ! 173 ' t
13, 236 Sq. Ft. q
M /
N6476'34"W101.00,
'
'—[ 01 172
1!Ems' .35' c 1'j yL, � 8.04 �a'�� � � . ' ti
Z_ 600.97r
1,34.56'
50' h'/fY
13 61'08,
179
(see Sheet S of 9)
� b
5 F'airf8x Dr
h �' R/#,
• Denotes iron rod to be set
159 on property line 35' from
right—of—way line.
All lots are single family detached — traditional.
All lots are subject to a 20' Slope & Drainage
Lot 173 to be accessed Easement along all rights —of —way and a 10'
from Montgomery Circle. Utility & Drainage Easement along all property
lines.
Fredericktowne Estates — Section 9
DATE: 5 August 1993 SCALE: 1"=50' Sheet 3 of 9
gilbert w. Clifford & associotes, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C Olds Greenwich Drive
Fredericksburg. Virginia 22401
(703) 898-2115
200 North Cameron Street
Winchester, Virginia 22601
(703) 667-2139
t
Future Development See Sheet 2 of 9 for Curve Table.
25 °8' S s°' BIi 8 9- PIG
019 4
25.09, 418 •" F
11 16 240, y9
\9Q 82'
191 01
�I
q
0
S
190 01
v
n�
189 0l
^ �tl
v
• Denotes iron rod to be set
on property line 35' from
right—of—way line.
SETBACK REQUIREMENTS
FRON T = 35'
SIDE = 10'
REAR = 25'
Vr
r
P. DUANE
BROWN
N0, 1285
I 178
13,116 Sq. Ft.Go
h
S 73.08'00E
1615� bt
_ 6.— '
I0 177
P I 12,023 Sq. Ft. / o
L — I 168
S 73E
'08'00" I
•- —
Io
0 I 176Ld
�o
IN 11,147 Sq. Ft. I � �-)
,PI
_ _J
3'08'00" W
142.78'
175
(See Sheet J of 9) 1 7U
167
CO
O
�v
All lots ore single family detached — traditional.
All lots are subject to a 20' Slope & Drainage
Easement along all rights—of—woy and a 10'
Utility & Drainage Easement along all property
lines.
Fredericktowne Estates — Section 9
DATE: 5 August 1993 1 SCALE: 1"=50' I Sheet 4 of 9
gilbert w. clifford & associotes, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C aide Greenwich Drive
Fredericksburg. Virginia 22401
(7a3) age-2115
200 North Cameron Street
Winchester. Virginia 22501
(703) 667-2139
(See Sheet 7 of
Fairfax
Table. N 64'16'34" W
46r$.41'
Denotes iron rod to be set
on property line 35' from
right—of—way line.
q
0
6i
N
SETBACK REQUIREMENTS
FRONT = 35
SIDE = 10'
REAR = 25'
SALTN O�JV
P. DUANE �r
V �.�.O.w_Y
NO. 1285
LAHD'S�p
60' R/W
12
I
184 to
I �
I
o
h
2
V
183 V
va�
(See Sheet 3
Drive
600.9 7'
134.56'
a� 4� 50' R/W
(1) Ex. Fairfax Dr.
61.08'
13
Section 8
I I h
179 159
14,149 Sq. Ft. I --k
Iv :
to
I�
7
L 496.08' 5.00'
'16'J4" E 646W
1 171.o8'
_ 7 1c
I 11, 938 gSq. Ft. / N
YIT�
N 64'16'34" W
106
�
10181,287 Sq. Ft.n Section 4
I IN
129. 50,
N 550� p9» w N 6416'34" WI I Section t' 4 113 107
Ex. Montgomery Circle
50' R/W All lots are single family detached - traditional.
All lots are subject to a 20' Slope & Drainage
Easement along all rights -of -way and a 10' I
Utility & Drainage Easement along all property
lines.
W
I "a
N
N
9
50' R/W
Fredericktowne Estates — Section 9
DATE: 5 August 1993 1 SCALE: 1"=50' I Sheet 5 of 9
gilbert w. Clifford & associates, Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150—C Olds Greenwich Drive
Fredericksburg. Virginia 22401
(703) 8g8-2115
200 North Cameron Street
Winchester. Virginia 22601
(703) 667-2139
See Sheet 2 of 9 for Curve Table.
(See Sheet 9 of 9)
(See Sheet 7 of 9)
N 64*16*34" W — 600.97'
Fairfax Dr ve N 60' R/W 466.41'
�t 33`DPIG 79
134.56'
150.26' (Bo.00'j- boa.;
" Orolnoy'e 12
I�£osemenf ;V
to
185 I 184 I I�
o I 22, 322 Sq. Ft. 13, 237 Sq. Ft J 1
Open Space
N/Ir W Easement N O I I 1 C Costello, Keller
& Keller O i
N
Blair
C4
N�
N' I----JZ'L-J
2
(67.37') 147I37' (80.00') 90.00'
(67.37') 64'16'34" E 237.37 (170.00�-
►� o cOs,
"7 n 183 I
a 17,845 Sq. Ft.
to
J
Open Space
>7ZEasement
S 64'16'34" E 242.17'
n
Q 182
18, 325 Sq. Ft. I
(98.80')
(150.00') _
N 6471634 " W 248 80' _ �—
• Denotes iron rod to be set
on property line 35' from
right—of—way line.
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
�S[,1►alt 06 '0;
P. DUANE
BROWN�'
N0.1285
LAND
2
�"M
0
5'
00
N
a,
0
wto
°o
N Av
tn
N
z
96 L c v J N 5902 29', W
Fred. Est. - Sec. 4 I 50 20
Ex. Montgomery Circle
50' R/W
All lots are single family detached — traditional.
All lots are subject to a 20' Slope & Drainage
Easement along oil rights —of —way and a 10'
Utility & Drainage Easement along all property
lines.
Fredericktowne Estates — Section 9
DATE: 5 August 1993 I SCALE: 1"=50' 1 Sheet 6 of 9
gilbert w. Clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C aide Greenwich Drive
frederloksburg, Virginia 22401
(703) 898-2113
200 North Cameron Street
Nlnchester, Vlrginio 22601
(703) 667-2139
N
Bell
NI'
remy
00 37
110
Open Space Easement
bi� 0 13) 9. PG 0 19 1 see sh,
(See Sheet 8 of 9)
+r"
2 of 9 for Curve Toble.
I 1 — —190 — � '
��ti
. 73'08'00" E 200.00' 1
(150.00') '
i Ig `� 40'
52813 48 W W.
189 35.70'
23, 324. Sq. Ft. \Ivil
018.31') S 73.08'00 E 294.47 (176.16) �.
o /o S28'13 48"W o
188 70.15 I r M.
pl CA O/p�` 20.964 Sq. Ft.10 I tO
�I -0 •�' Z
N (93.54') . ��—� �zo• Drainage Easement
N� (93.54412" E 2?3.16' li
19 �7 93' — (199.62' 1 �1
Nichols / /101.69 ' r
'.
cp •, 18
N Open Space v 20' Drainage £ossment
Easement
�i F t,�t7o 3 /' S28'13'48"W
tv�� 186 ' e 82. oo' s ,0.
Z t�0�/�0 22,317 Sq. Ft. CV1 i� 1
187
/j,� I3'837 Sq. Ft. N
460
N70 46'02 1Y— INN '
108. 86 , S54 48'46 "W g r u�
— 25.28 o ' tq
�(50.76•)10,��_ o, 1• z
1 Olrvin e / /
�t 9 Fairfax Drive
64•16.34" W( .1 s.�6�� ;. 'went 7.62 W `1 s
I See v/ 9) i pe �.
^' 6+Q s Son/tart' 0'�
(See Slyest 6 vo, Se "a' £os�.ent • ' I
of 9)
• Denotes iron rod to be set
on property line 35' from
right—of—way line. Lot 187 to be accessed
from Montgomery Circle.
SETBACK REQUIREMENTS
FRONT = 35
SIDE = 10'
REAR = 25'
' P. DUANE
BROWN
� Nye
LAND S'J>
I .0
All lots are single family detached — traditional.
All lots are subject to 0 20' Slope & Drainage
Easement along all rights —of —way and a 10'
Utility & Drainage Easement along all property
lines.
Fredericktowne Estates — Section 9
DATE: 5 August 1993 I SCALE: 1"=50' I Sheet 7 of 9
gilbert w. Clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C Olds Greenwich Drive
FrWeri"urg, Virginia 22401
(703) 896-2115
200 North Cameron Street
FAnrheeter. Virginia 22601
(703) 667-2139
See Sheet 2 of 9 for Curve Table.
BK839P)
Future Development �- S 6p•
*.'. 25 08. 2¢ y8„ E
G?5 0798
S 73 08'00" E , 200.00'
F�-5�
to t
�
of ^ h
0 �191
I
15, 000 Sq.
E!
Ft.
N v --
5Q
r y W (50.00 )W S1 73'08'00" 1
— -- E
_
200.00'
15 I
� a $�r
� �
1 �'° l0
190
Z ^ P15, 000 Sq.
Ft.
I
N 73.08'00" W
200.00'
169
(See Sheet 7 of 9)
40 Denotes iron rod to be set
on property line 35' from
right-of-way line.
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
5 4S<Jj 44;
O� P. DUANE C'
a BROWNQ - y
N0. 1285 -
04
EA NO
O
00
.r
r!`
178 1- 0
All lots are single family detached - traditional.
All lots are subject to a 20' Slope & Drainage
Easement along all rights -of -way and a 10'
Utility & Drainage Easement along oil property
lines.
Fredericktowne Estates — Section 9
DATE: 5 August 1993 1 SCALE: 1"=50' 1 Sheet 8 of 9
gilbert w. cliffotd & associates. Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150—C Olds Greenwich Drive
Fredericksburg. Virginia 22401
(703) 898-2115
200 North CameronMStreetwincheeter. Vk9tnia (703) 667
f"
Lot 52
Fredericktot'vne Subdivision
Section Three
\�
Lot 50 v
fredericktowne Subdivision
Section Three
• Denotes iron rod to be set
on property line 35' from
right—of—way line.
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
0i
! P. DUANE
BROWN
NO. 1285
tAN0 05�-/.O�
See SR_ . 2 of 9 for Curve Table.
B 319PG0i99
Fy Nam,
144r
O�
Lyra
N
4r)h
100
All lots are single family detached — traditional.
All lots are subject to a 20' Slope & Drainage
Easement along all rights—of—woy and a 10'
Utility & Drainage Easement along all property
lines. I.
Fredericktowne Estates — Section 9
DATE: 5 August 1993 1 SCALE: 1"=50' I Sheet 9 of 9
giibert w. clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C aide Greenwich Drive
Fredericksburg. Virginia 22401
(703) 59a-2115
VIRGINIA: FREDERICK COUNTY, SGT.
This instrument o1 writing
,,w�aas produced to me on the
day.ol- rbw• t9h� a
and wi h certificate of ack ledgment theroto annexe
was admitted to record. Tax imposed by Sec. 58 54.1 0l
�..,r►Q �, and 58.54 have
been paid, if assessable.
�p CLERK
200 North Comeron Street
lm.ch star, Virginia 22601
(703) 667-2139
x
8K839PG0800
DEED OF DEDICATION, made and dated this 3i day
of _, 1995, by and between TOP OF VIRGINIA
DEVEWMA4TJ CORPORATION, a Virginia corporation, party of the
first part, and FREDERICK COUNTY, VIRGINIA, party of the _#second
part.
WHEREAS, the party of the first part is the owner in fee
simple of the real estate shown on the attached plats drawn by P.
Duane Brown, C.L.S., dated August 5, 1993, known as
Fredericktowne Estates, Section 9;
WHEREAS, said real estate, as shown on the aforesaid
attached plats, has been subdivided into lots, which plats show
the metes and bounds of the subdivided land, together with the
dimensions; of each lot thereof and those certain drainage and
open space easements, and easements reserved for installation and
maintenance of water and sewer facilities for said lots.
NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
That in consideration of the premises and the benefits which
will accrue by reason of this dedication, the party of the first
part does hereby subdivide that certain tract of land designated
as Fredericktowne Estates, Section 9, situate in Opequon
Magisterial District, Frederick County, Virginia, and being more
particularly described by the aforesaid plats of P. Duane Brown,
C.L.S., dated August 5, 1993, attached hereto and made a part
hereof and by this reference incorporated herein as if set out in
full; and does hereby dedicate the streets and roadways shown
thereon to Frederick County for public use.
RESTRICTIONS AND COVENANTS
All of the lots shown on the plats attached hereto shall be
subject to the following restrictions and covenants which are
covenants running with the land, and shall be binding upon all
parties having any right, title and interest in and to the
aforesaid lots or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
1. The lots shall be used exclusively for residential
purposes. No business or occupation of any kind other than a
"home occupation" shall be carried on or permitted upon these
lots. A "home occupation" is defined to be an occupation carried
on by the occupant of a dwelling as a secondary use in connection
with which there is no display, and no one is employed other than
members of the family residing on the premises. No building
shall be erected, altered, placed or permitted to remain on any
lot other than one single-family detached dwelling, garage and
other approved structures for use solely by the occupants.
Except for those related to real estate sales and construction,
no sign, advertisement or message other than for identification
purposes only shall be displayed or published which offers or
implies commercial or professional services, or which may
constitute any other kind of business solicitation in or from any
residence or residential property. No buildings, structures, or
signs of any type may be placed or erected on any portion of the
"Open Space Easements" as shown on the attached plats.
Notwithstanding the foregoing, Top of Virginia Development
Corporation or its successors in interest may, for a period not
to exceed two years from the date of this instrument, erect,
maintain and operate real estate sales and construction offices,
model homes, displays, signs and special lighting on any part of
the property and on or in any building or structure now or
hereafter erected thereon while owned by Top of Virginia
Development Corporation or its successors in interest.
f"
BK839PGoBoi
2. No clothing, laundry, or wash shall be aired or dried a
any time on the open space easements, as set forth below, nor o
any portion of the lots in any area other than in the rear yar
of the lots.
3. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done or placed thereon which
may become an annoyance or nuisance to the neighborhood. Owners
shall at all times maintain their property and all appurtenance
thereto in good repair and in a state of neat appearance. All
lawn areas shall be kept mowed and shall not be permitted to grow
beyond a reasonable height.
4. No sign of any kind that is illuminated and/or larger
than two square feet shall be displayed to the public view on any
lot, except temporary real estate signs not more than four square
feet in area advertising the property for sale or rent, and
except as provided elsewhere herein.
5. No animals shall be kept or maintained on any lot except
common household pets such as dogs and cats, provided that they
are not kept, bred or maintained for commercial purposes and do
not create a nuisance or annoyance to surrounding lots nor the
neighborhood and are in strict compliance with applicable
Frederick County ordinances.
6. Trash and garbage containers shall not be permitted to
remain in public view except on days of trash collection. No
accumulation or storage of litter, new or used building
materials, or trash of any kind shall be permitted on any lot.
7. The exteriors of all structures, including walls, doors,
windows and roofs, shall be kept in good maintenance and repair.
No structure shall be permitted to stand with its exterior in an
unfinished condition for longer than six months after the
commencement of construction. In the event of fire, windstorm or
other damage, the exterior of no structure shall be permitted to
remain in a damaged condition for longer than three months.
8. No single story dwelling shall be erected upon said lot
shown on the attached plats which shall contain less than 1,500
square feet of finished floor area. No multiple story dwelling
shall contain less than 800 square feet of ground floor area.
All residential structures facing a street must be at least 26
feet wide. Such areas shall be exclusive of porches, patios, car
ports, basements, and attics. Any garage, carport or car shelter
constructed on said lots shall be attached to and be a part of
the main structure. Top of Virginia Development Corporation
reserves for itself and its successors in interest the right to
determine what structure is to be regarded as a two-story
dwelling so long as any lot in the subdivision is unsold. Split
foyer and Cape Cod style dwellings shall contain not less than
1,000 square feet on the main living area.
9. No lot on the attached plats shall at any time be
subdivided, conveyed, leased, nor sold except as a whole, unless
such subdivision, conveyance, lease or sale involves multiple
lots so that each of the portions into which the lots are divided
for the purpose of subdivision, conveyance, lease or sale results
in the lots being created for the purpose of such subdivision,
conveyance, lease or sale:, as well as each of the lots remaining
after such subdivision, conveyance, lease or sale, being of a
size larger than the lots as shown on the plats which is recorded
with this instrument. Top of Virginia Development Corporation,
however, for itself and its successors in interest, reserves the
right to resubdivide any of the lots shown on the attached plats
f"
BK839PG0802
and to alter, amend and change any lot lines or subdivision plan
so long as it owns any of said lots; except that no provision for
open space easements may be amended without the approval of
Frederick County. 1 0
10. No fence, hedge or other visual barrier shall be
erected or planted in the front yard of any lot shown on the
attached plats, and no tree, hedge, or shrub planting shall be
maintained anywhere on any lot in such a manner as to obstruct
sight lines for vehicular traffic. Fencing of back yards may
include side yards to a limit of one-half the depth of each
d-;telling only, but may not enclose any parts of the open space
easements, as set forth below. Any fence or wall built on any
lot shall be maintained in a proper manner so as not to detract
from the value and desirability of surrounding property.
11. No junk vehicles, recreational vehicles, house
trailers, or commercial industrial vehicles, such as (but not
limited to) moving vans, trucks, tractors, trailers, vans,
wreckers, hearses, buses, boats, boating equipment, travel
trailers, or camping equipment shall be regularly or habitually
parked on any public streets within Fredericktowne Estates
Section 9, or otherwise parked within the boundaries of the
subdivision. No vehicle may be parked for a period greater than
sixty days on any lot or on any platted street as shown on the
attached plats unless such vehicle bears a currently valid
Virginia vehicle inspection windshield sticker. No vehicles or
other equipment mentioned above may be parked or placed on the
open space easements, as set forth below, at any time.
Notwithstanding the foregoing, Top of Virginia Development
Corporation or its successors in interest may, for a period not
to exceed two years from the date of this instrument, erect,
maintain and operate real estate sales and construction offices,
model homes, displays, signs and special lighting on any part of
the property and on or in any building or structure now or
hereafter erected thereon while owned by Top of Virginia
Development Corporation or its successors in interest.
12. No exterior antennas or satellite dishes shall be
erected or placed on any lot or attached to any dwelling.
13. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall
not apply to the construction or development of improvements on
any lot by Top of Virginia Development Corporation or its
successors in interest, commencing within two years from the date
of submission of said lot to these restrictive covenants.
14. Any lease or rental agreement must be for a period of
at least thirty days and must be subject to the rules and
regulations set forth in these restrictive covenants.
15. All lots are required to observe building restriction
lines as indicated on the legends of the plats attached hereto,
in addition to those applicable requirements of applicable
Frederick County ordinances. For the purpose of establishing
building restriction lines on lots which include an open space
easement within their boundaries, the building restriction lines
shall be measured from the boundary of the easement closest to
the building, and not from the lot boundary, so that buildings
are set back from said easements the required distance(s).
16. Top of Virginia Development Corporation reserves the
right for itself and its successors in interest to waive any one
or all of the restrictive covenants, conditions, reservations, or
restrictions as to any or all lots, except that it cannot change
the provisions concerning open space easements without the
if..
BK839PG0003
ermission of Frederick County and except that it cannot change
he development from residential to commercial. This waiver
hall not affect the binding effect of the covenants,
estrictions, and conditions upon any other lots. Top of
irginia Development Corporation does further reserve the aright
or itself and its successors in interest to impose additional
estrictive covenants, conditions, reservation, and restrictions
n any or all lots and such imposition shall not affect the
inding effect of these provisions upon any other lots.
17. Any Fredericktowne Estates, Section 9, homeowner shall
have the right to enforce, by a proceeding at law or in equity,
all restrictions, covenants, and conditions now or hereafter
imposed by the provisions of this deed. Failure by any homeowner
to enforce any right, restriction, provision, condition, or
covenant granted by this deed and declaration shall not
constitute a waiver of the right of such homeowner to enforce
such right, restriction, provision, condition, or covenant in the
future.
18. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect
any other provisions, which shall remain in full force and
effect.
OTHER MATTERS
1. The property dedicated hereby is subject to those
certain easements designated "Open Space Easement" on the
aforesaid attached plats. Top of Virginia Development
Corporation does hereby grant and convey unto Frederick County
perpetual easements over those portions of Lots 182, 183, 185,
186, 188, 189, 190 and 191, Fredericktowne Estates, Section 9, as
shown on the attached plats, and hereby imposes the following
additional restrictive covenant on the use of said easements,
which covenant runs with the land, and shall be binding upon all
parties having any right, title and interest in and to the
affected lots or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner in
Fredericktowne Estates Section 9. (Said easements remain subject
to all other restrictions and covenants set forth above.)
The owner(s) of Lots 182, 183, 185, 186, 188, 189, 190 and
191, Fredericktowne Estates, Section 9 shall each be responsible
for maintaining that portion of the open space easements on their
lot or lots. Frederick County representatives may enter the
affected properties from time to time for the purpose of
inspection and enforcement of the terms of this easement after
permission from or reasonable notice to the owner. In the event
that any lot owner(s) shall fail to maintain his or her portion
of the open space easement in reasonable order and condition,
Frederick County may take such action as authorized by the
Frederick County Zoning Ordinance. The Frederick County Zoning
Ordinance is by this reference made a part hereof as if set out
in full.
Nothing herein shall be construed to convey to the public a
right of access or use of the open spaces. The parties of the
first part, for themselves and their successors and assigns,
including the owner or owners of any lot or lots in
Fredericktowne Estates, Section 9, hereby retain exclusive right
to such access and use, except as set forth above.
2. The property dedicated hereby is subject to certain
easements designated "San. Sewer Easement" on said attached
plats, which easements are hereby dedicated for public use and
,r.
BK839FG0804
access. Top of Virginia Development Corporation does hereby grant
and convey unto the Frederick County Sanitation Authority
perpetual easements for the installation and maintenance of water
and sewer lines and any related facility on the easements
designated on said plats as "San. Sewer Easement".
3. The property dedicated hereby is subject to those
certain easements or rights of way designated "Drainage Easement"
on the aforesaid attached plats for the purpose of surface water
drainage easement, which easements are hereby dedicated for
public use and access. No structures of any kind which
substantially impede or obstruct the flow or ponding of surface
drainage water may be placed within said surface water drainage
easements designated on the aforesaid attached plats. Said
surface water drainage easements may not be altered or modified
without the prior consent of the County of Frederick, and Top of
Virginia Development Corporation does hereby grant and convey
unto the County of Frederick a perpetual right of way or easement
over the aforesaid designated surface drainage easements for the
purpose of so providing surface drainage. Top of Virginia
Development Corporation does further agree that Frederick County
shall be under no obligation to maintain said drainage easements.
No owner of any lot shall interfere with the natural
drainage of surface water from such lot to the detriment of any
other property shown on.said plats.
4. Top of Virginia Development Corporation reserves unto
itself, its successors or assigns, the right to erect, maintain,
operate and replace underground and above ground telephone and
electric light conduits, related equipment, and other facilities,
sewer, gas, water, and television lines and related equipment,
and other utility equipment where such utility lines and
equipment are now located and along a strip 10 feet along the
front and rear boundary lines and a strip S feet along the side
boundary lines of each lot and along those areas intended for
public access on the attached plats and over the open space
easements as needed. In addition, there shall be service
easements for each lot for all public utilities upon any of the
lots shown which shall exist at the location of such utilities at
the date each lot is conveyed. or shall be located as such
utilities are actually extended to the individual lot after the
call for connection by the lot owner.
S. The covenants and restrictions of this deed shall run
with and bind the land, and shall inure to the benefit of and be
enforceable by the owner of any lot subject to this deed and
declaration, his legal representatives, heirs, successors and
assigns, for a term of ten years from the date this deed and
declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten years. The
covenants and restriction so this deed and declaration may be
amended in whole or in part, provided that any such amendment
during the first ten-year period shall have the assent of not
less than seventy-five percent of the lot owners, and thereafter
any amendment shall have the assent of no less than sixty percent
of the lot owners. Any amendment must be property executed and
acknowledged by the lot owners and recorded among the land
records of Frederick County, Virginia.
The platting and dedication of the herein described
land is made in accordance with the statutes made and provided in
such cases, and is with the free consent and in accordance with
the desire of Top of Virginia Development Corporation, sole owner
and proprietor of the land embraced within the bounds of said
subdivision, as evidenced by the signature of its president.
,f.
BK839PG0805
WITNESS the following signature and seal on behalf of Top of
Virginia Development Corporation: /J
SEAL ]
DAVID B. HOLk�Y, PrWijren
STATE OF VIRGINIA '
CITY OF WINCHESTER, to -wit:
Acknowledged before me this � day of / , 1995,
by David B. Holliday, who is President of Top o`f Virginia
Development Corporation, a Virginia corporation, on behalf of the
corporation.
NOTARY PUBLIC FOR THE STATE OF VIRGINIA
My commission expires: r
VIRGINtA. FREDEMCK OOUNTY, OCT.
Thl Inelrument of IttAq was produced to To n the
day of
and with certlticate of .nowledoment thereto annexed
was adrnitbd to record, ax knposed by Sec. 98.1-802 of
'—` and 88.1-W1 have beenQpald H assessable.
Clerk
COMMONWEALTH OF VIRGINIA
OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
DATE: 01/25/95 TIME: 15:52:30 ACCOUNT: 069CLR950000554 RECEIPT: 9500000091?
CASHIER: NBS REG: WN17 TYPE: DOD PAYMENT: FULL PAYMENT
INSTRUMENT 950000554 BOOK: 833 PAGE: 1127 RECORDED: 01/25/95 AT 15:52
GRANTOR NAME : TOP OF VIRGINIA DEVELOPMENT EX: N LOCALITY: CO
GRANTEE NAME FREDERICK COUNTY VIRGINIA EX: N PERCENT: 100%
AND ADDRESS
RECEIVED OF TOP OF VIRGINIA DEVELOPMENT
CHECK $27.00
DESCRIPTION 1: OP DIST
2: FREDERICKTOWNE ESTATES, SECTION 8
CONSIDERATION: .00 ASSUMMAL: .00 MAP:
CODE DESCRIPTION PAID CODE DESCRIPTION PAID
301 DEEDS 26.00 145 VSLF 1.00
TENDERED : 27.00
AMOUNT PAID: 27.00
CHANGE AMT : .00
CLERK OF COURT: GEORGE B. WHITACRE
DC•18 (5194)
R833H1123
THIS DEED OF DEDICATION, made and dated this 26th day of
September, 1994, by and between TOP OF VIRGINIA DEVELOPMENT
CORPORATION, a Virginia corporation, party of the first part, and
FREDERICK COUNTY, VIRGINIA, party of the second part.
WHEREAS, the party of the first part is the owner in fee
simple of the real estate shown on the attached plats drawn by P.
Duane Brown, C.L.S., dated August 3, 1993, known as
Fredericktowne Estates, Section 8, which is a portion of the
same real estate conveyed to the party of the first part by deed
dated February 21, 1992, from Lewis M. Costello, et als, said
deed of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 772 at Page 1423; and,
WHEREAS, said real estate, as shown on the aforesaid
attached plats, has been subdivided into lots, which plats show
the metes and bounds of the subdivided land, together with the
dimensions of each lot thereof and those certain drainage and
open space easements, and easements reserved for installation and
main;does
ance of water and sewer facilities for said lots.
NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
at in consideration of the premises and the benefits which
willcrue by reason of this dedication, the party of the first
part hereby subdivide that certain tract of land designated
as Fredericktowne Estates, Section 8, situate in Opequon
Magisterial District, Frederick County, Virginia, and being more
particularly described by the aforesaid plats of P. Duane Brown,
C.L.S., dated August 3, 1993, attached hereto and made a part
hereof and by this reference incorporated herein as if set out in
full; and does hereby dedicate the streets and roadways shown
thereon to Frederick County for public use.
RESTRICTIONS AND COVENANTS
All of the lots shown on the plats attached hereto shall be
subject to the following restrictions and covenants which are
covenants running with the land, and shall be binding upon all
parties having any right, title and interest in and to the
aforesaid lots or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
1. The lots shall be used exclusively for residential
purposes. No business or occupation of any kind other than a
"home occupation" shall be carried on or permitted upon these
lots. A "home occupation" is defined to be an occupation carried
on by the occupant of a dwelling as a secondary use in connection
with which there is no display, and no one is employed other than
members of the family residing on the premises. No building
shall be erected, altered, placed or permitted to remain on any
lot other than one single-family detached dwelling, garage and
other approved structures for use solely by the occupants.
Except for those related to real estate sales and construction,
no sign, advertisement or message other than for identification
purposes only shall be displayed or published which offers or
implies commercial or professional services, or which may
constitute any other kind of business solicitation in or from any
residence or residential property. No buildings, structures, or
signs of any type may be placed or erected on any portion of the
"Open Space Easements" as shown on the attached plats.
Notwithstanding the foregoing, Top of Virginia Development
Corporation or its successors in interest may, for a period not
to exceed two years from the date of this instrument, erect,
maintain and operate real estate sales and construction offices,
model homes, displays, signs and special lighting on any part of
BK833'PGI128
the property and on or in any building or structure now or
hereafter erected thereon while owned by Top of Virginia
Development Corporation or its successors in interest.
2. No clothing, laundry, or wash shall be aired or dried at
any time on the open space easements, as set forth below, nor on
any portion of the lots in any area other than in the rear yard
of the lots.
3. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done or placed thereon which
may become an annoyance or nuisance to the neighborhood. Owners
shall at all times maintain their property and all appurtenance
thereto in good repair and in a state of neat appearance. All
lawn areas shall be kept mowed and shall not be permitted to grow
beyond a reasonable height.
4. No sign of any kind that is illuminated and/or larger
than two square feet shall be displayed to the public view on any
lot, except temporary real estate signs not more than four square
feet in area advertising the property for sale or rent, and
except as provided elsewhere herein.
5. No animals shall be kept or maintained on any lot except
common household pets such as dogs and cats, provided that they
are not kept, bred or maintained for commercial purposes and do
not create a nuisance or annoyance to surrounding lots nor the
neighborhood and are in strict compliance with applicable
Frederick County ordinances.
6. Trash and garbage containers shall not be permitted to
remain in public view except on days of trash collection. No
accumulation or storage of litter, new or used building
materials, or trash of any kind shall be permitted on any lot.
7. The exteriors of all structures, including walls, doors,
windows and roofs, shall be kept in good maintenance and repair.
No structure shall be permitted to stand with its exterior in an
unfinished condition for longer than six months after the
commencement of construction. In the event of fire, windstorm or
other damage, the exterior of no structure shall be permitted to
remain in a damaged condition for longer than three months.
8. No single story dwelling shall be erected upon said lot
shown on the attached plats which shall contain less than 1,500
square feet of finished floor area. No multiple story dwelling
shall contain less than 800 square feet of ground floor area.
All residential structures facing a street must be at least 26
feet wide. Such areas shall be exclusive of porches, patios, car
ports, basements, and attics. Any garage, carport or car shelter
constructed on said lots shall be attached to and be a part of
the main structure. Top of Virginia Development Corporation
reserves for itself and its successors in interest the right to
determine what structure is to be regarded as a two-story
dwelling so long as any lot in the subdivision is unsold. Split
foyer and Cape Cod style dwellings shall contain not less than
1,000 square feet on the main living area.
9. No lot on the attached plats shall at any time be
subdivided, conveyed, leased, nor sold except as a whole, unless
such subdivision, conveyance, lease or sale involves multiple
lots so that each of the portions into which the lots are divided
for the purpose of subdivision, conveyance, lease or sale results
in the lots being created for the purpose of such subdivision,
conveyance, lease or sale, as well as each of the lots remaining
after such subdivision, conveyance, lease or sale, being of a
BK833PG1129
size larger than the lots as shown on the plats which is recorded
with this instrument. Top of Virginia Development Corporation,
however, for itself and its successors in interest, reserves the
right to resubdivide any of the lots shown on the attached plats
and to alter, amend and change any lot lines or subdivision plan
so long as it owns any of said lots; except that no ,provision for
open space easements may be amended without the approval of
Frederick County.
10. No fence, hedge or other visual barrier shall be
erected or planted in the front yard of any lot shown on the
attached plats, and no tree, hedge, or shrub planting shall be
maintained anywhere on any lot in such a manner as to obstruct
sight lines for vehicular traffic. Fencing of back yards may
include side yards to a limit of one-half the depth of each
dwelling only, but may not enclose any parts of the open space
easements, as set forth below. Any fence or wall built on any
lot shall be maintained in a proper manner so as not to detract
from the value and desirability of surrounding property.
11. No junk vehicles, recreational vehicles, house
trailers, or commercial industrial vehicles, such as (but not
limited to) moving vans, trucks, tractors, trailers, vans,
wreckers, hearses, buses, boats, boating equipment, travel
trailers, or camping equipment shall be regularly or habitually
parked on any public streets within Fredericktowne Estates
Section 8, or otherwise parked within the boundaries of the
subdivision. No vehicle may be parked for a period greater than
sixty days on any lot or on any platted street as shown on the
attached plats unless such vehicle bears a currently valid
Virginia vehicle inspection windshield sticker. No vehicles or
other equipment mentioned above may be parked or placed on the
open space easements,as set forth below, at any time.
Notwithstanding the foregoing, Top of Virginia Development
Corporation or its successors in interest may, for a period not
to exceed two years from the date of this instrument, erect,
maintain and operate real estate sales and construction offices,
model homes, displays, signs and special lighting on any part of
the property and on or in any building or structure now or
hereafter erected thereon while owned by Top of Virginia
Development Corporation or its successors in interest.
12. No exterior antennas or satellite dishes shall be
erected or placed on any lot or attached to any dwelling.
13. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall
not apply to the construction or development of improvements on
any lot by Top of Virginia Development Corporation or its
successors in interest, commencing within two years from the date
of submission of said lot to these restrictive covenants.
14. Any lease or rental agreement must be for a period of
at least thirty days and must be subject to the rules and
regulations set forth in these restrictive covenants.
15. All lots are required to observe building restriction
lines as indicated on the legends of the plats attached hereto,
in addition to those applicable requirements of applicable
Frederick County ordinances. For the purpose of establishing
building restriction lines on lots which include an open space
easement within their boundaries, the building restriction lines
shall be measured from the boundary of the easement closest to
the building, and not from the lot boundary, so that buildings
are set back from said easements the required distance(s).
16. Top of Virginia Development Corporation reserves the
SK833PG1130
right for itself and its successors in interest to waive any one
or all of the restrictive covenants, conditions, reservations, or
restrictions as to any or all lots, except that it cannot change
the provisions concerning open space easements without the
permission of Frederick County and except that it cannot change
the development from residential to commercial. This waiver
shall not affect the binding effect of the covenants,
restrictions, and conditions upon any other lots. Top of
Virginia Development Corporation does further reserve the right
for itself and its successors in interest to impose additional
restrictive covenants, conditions, reservation, and restrictions
on any or all lots and such imposition shall not affect the
binding effect of these provisions upon any other lots.
17. Any Fredericktowne Estates, Section 8, homeowner shall
have the right to enforce, by a proceeding at law or in equity,
all restrictions, covenants, and conditions now or hereafter
imposed by the provisions of this deed. Failure by any homeowner
to enforce any right, restriction, provision, condition, or
covenant granted by this deed and declaration shall not
constitute a waiver of the right of such homeowner to enforce
such right, restriction, provision, condition, or covenant in the
future.
18. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect
any other provisions, which shall remain in full force and
effect.
OTHER MATTERS
1. The property dedicated hereby is subject to those
certain easements designated "Open Space Easement" on the
aforesaid attached plats. Top of Virginia Development
Corporation does hereby grant and convey unto Frederick County
perpetual easements over those portions of Lots 160, 161, 162,
163, 164, 165 and 166, Fredericktowne Estates, Section 8, as
shown on the attached plats, and hereby imposes the following
additional restrictive covenant on the use of said easements,
which covenant runs with the land, and shall be binding upon all
parties having any right, title and interest in and to the
affected lots or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner in
Fredericktowne Estates Section 8. (Said easements remain subject
to all other restrictions and covenants set forth above.)
The owner(s) of Lots 160, 161, 162, 163, 164, 165 and 166,
Fredericktowne Estates, Section 8 shall each be responsible for
maintaining that portion of the open space easements on their lot
or lots. Frederick County representatives may enter the affected
properties from time to time for the purpose of inspection and
enforcement of the terms of this easement after permission from
or reasonable notice to the owner. In the event that any lot
owner(s) shall fail to maintain his or her portion of the open
space easement in reasonable order and condition, Frederick
County may take such action as authorized by the Frederick County
Zoning Ordinance. The Frederick County Zoning Ordinance is by
this reference made a part hereof as if set out in full.
Nothing herein shall be construed to convey to the public a
right of access or use of the open spaces. The parties of the
first part, for themselves and their successors and assigns,
including the owner or owners of any lot or lots in
Fredericktowne Estates, Section 8, hereby retain exclusive right
to such access and use, except as set forth above.
6K333PG1131
2. The property dedicated hereby is subject to certain
easements designated "San. Sewer Easement" on said attached
plats, which easements are hereby dedicated for public use and
access. Top of Virginia Development Corporation does hereby grant
and convey unto the Frederick County Sanitation Authority
perpetual easements for the installation and maintenance of water
and sewer lines and any related facility on the easements
designated on said plats as "San. Sewer Easement".
3. The property dedicated hereby is subject to those
certain easements or rights of way designated "Drainage Easement"
on the aforesaid attached plats for the purpose of surface water
drainage easement, which easements are hereby dedicated for
public use and access. No structures of any kind which
substantially impede or obstruct the flow or ponding of surface
drainage water may be placed within said surface water drainage
easements designated on the aforesaid attached plats. Said
surface water drainage easements may not be altered or modified
without the prior consent of the County of Frederick, and Top of
Virginia Development Corporation does hereby grant and convey
unto the County of Frederick a perpetual right of way or easement
over the aforesaid designated surface drainage easements for the
purpose of so providing surface drainage. Top of Virginia
Development Corporation does further agree that Frederick County
shall be under no obligation to maintain said drainage easements.
No owner of any lot shall interfere with the natural
drainage of surface water from such lot to the detriment of any
other property shown on said plats.
4. Top of Virginia Development Corporation reserves unto
itself, its successors or assigns, the right to erect, maintain,
operate and replace underground and above ground telephone and
electric light conduits, related equipment, and other facilities,
sewer, gas, water, and television lines and related equipment,
and other utility equipment where such utility lines and
equipment are now located and along a strip 10 feet along the
front and rear boundary lines and a strip 5 feet along the side
boundary lines of each lot and along those areas intended for
public access on the attached plats and over the open space
easements as needed. In addition, there shall be service
easements for each lot for all public utilities upon any of the
lots shown which shall exist at the location of such utilities at
the date each lot is conveyed. or shall be located as such
utilities are actually extended to the individual lot after the
call for connection by the lot owner.
5. The covenants and restrictions of this deed shall run
with and bind the land, and shall inure to the benefit of and be
enforceable by the owner of any lot subject to this deed and
declaration, his legal representatives, heirs, successors and
assigns, for a term of ten years from the date this deed and
declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten years. The
covenants and restriction so this deed and declaration may be
amended in whole or in part, provided that any such amendment
during the first ten-year period shall have the assent of not
less than seventy-five percent of the lot owners, and thereafter
any amendment shall have the assent of no less than sixty percent
of the lot owners. Any amendment must be property executed and
acknowledged by the lot owners and recorded among the land
records of Frederick County, Virginia.
The platting and dedication of the herein described
land is made in accordance with the statutes made and provided in
such cases, and is with the free consent and in accordance with
BK 8 3 3 1"Tri 1 132
the desire of Top of Virginia Development Corporation, sole owner
and proprietor of the land embraced within the bounds of said
subdivision, as evidenced by the signature of its president.
WITNESS the following signature and seal on behalf of Top of
Virginia Development Corporation:____
[SEAL]
DA VID OLLI A , 1P resident
STATE OF V GINIA
CITY OF NCHESTER, to -wit:
Rcknowledged before me this 1-74 day of ZEe_! �,, 1994,
by David B. Holliday, who is President of Top of Virginia
Development Corporation, a Virginia corporation, on behalf of the
corporation.
xl'L-d'k� �_/' cjt-e� -
NOTARY PUBLIC FOR THE STATE OF VIRGINIA
My commission expires:
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�' •°i ��• / SCALE: 1'=2000'�i sri
AP O BY
Fred :rick County Sanitation Authority Date .3 ' 1- hV
Plonr'ng Commission InIf Date /
Subc vision Administrator Date Z
Virgo is Department of Transportation Date -/ � c "3
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Top of Virginia Development
Corporation, as appears in the occom ng plats, is with the consent and in accordance
with the desires of the undersigned wn s, proprietors, and trustees, if any.
NOTARY PUBLIC
a Notary Public in and for the state of Virginia at
large, do certify that ► 4YE L- t q , whose name is signed to the
foregoing Owner's Certificate, has acknowledged the some before me in my state.
Given under my hand this��day of 199)3!.4 de,
My commission expires M -131�199Q �/. ems`
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this subdivision is a portion of the land
conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992,
said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County,
Virginia in Deed Book 772 at Page 1423.
7f
P. Duane Brown, C.L.S.
Final Plat
Fredericktowne Estates — Section 8
ALTN
.�► Opequon Magisterial District
P. DUANE Frederick County, Virginia
BROWN
NO. 12-7B+v-w--� DATE: 3 August 1993 Cover Sheet Sheet 1 of 7
o N0. 85
F oQ. gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
�J�y� 150—C aide Greenwich Drive 200 North Cameron Street
1AND Fredericksburg. Virginia 22401 Winchester, Virginia 22601
(703) 898-2115 (703) 667-2139
8K833`-G113z)
(See Sheet 7 of 7)
172
88.04'
75.00'
w�
(See Sheet 4 o, 7)
C� O
o W 160
14 N ^ 5
A N
161.52' Z 50.00'
N 64'16'34" W 211.52' O
1
Fairfax Drive N 50' R/W
75.00'
75.00'
OI I I x 20' Drainage
/ 1 Easement
7 F --1 F
159 IN0I1 158 f (Nol 1 157 NQ 156
W 11, 250 Sq. Ft. rn 0 1, 250 Sq. t. n 0 11,250 Sq. Ft. in � o I 11, 471 Sq. Ft.
Cp I INCI I1.0 C14 IC14
10
75.00' 75.00' 75.00' 54.33'
N 64'16'34" W � 279.33'
Future Development
105 104
106 N-1 Section 4
• Denotes iron rod to be set
on property line 35' from
right—of—way line.
Minimum Setback Requirements:
Fron t — 35'
Rear — 25'
Side — 10'
444R,
rio
P. DUANE G'..
ABROWN
a
NO. 1285
o �
O
LAND
All lots are single family detached — traditional.
All lots are subject to a 20' Slope & Drainage
Easement along all rights —of —way and a 10'
Utility & Drainage Easement along all property
lines.
See Sheet 2 of 7 for Curve Table
Fredericktowne Estates — Section 8
DATE: 3 August 1993 1 SCALE: 1"=50' 1 Sheet 3 of 7
gilbert w. Clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C aide Greenwich Drive 200 North Cameron Street
Fredericksburg, Virginia 22401 Winchester. Virginia 22501
(M) 898-2115 (703) 667-2139
BK 3a Ld 7A 3 6
L _ 163
'� ^o i155.5- ). S 56�4'22"
CV�i •98' E
o!1 ' (89, 40) k4j
0 162
2
, ►�'� ' 18, 396 Sq. Ft.
NN
.7 $ 56 24'�2 »� � ` ` S 16
59
182 E
.
25.23161
/! 'f 12.554 Sq. Ft. Ci N
Q 6
_ S 64'16'34" E
- 2 y! 128.25') _154.20' 25.95 )
�` � a
i IV25 43'ZZ6T
I I 1
'1' 60 a� 15, 417 Sq. Ft �� •�` o
i tr O�
N M ,,� ` ,� /C, bM Lot 160 to be accessed
from Dickenson Court.
5 tk; ., f N41'54;W • Denotes iron rod to be set
4 62.14 // 114.04 on property line 35' from
Fairfax Drive, 2 .0 right—of—way line.
50.00, 50' R/W
N64'16 34"W.211.52' o Minimum Setback Requirements:
= Front — 35'
0 1 N Rear — 25'
Ex. Fairfax
(sue sn !. Drive Side — 10'
vet J of 7)
M All lots are single family detached — traditional.
All lots are subject to a 20' Slope & Drainage
4 Easement along all rights —of —way and a 10'
Utility & Drainage Easement along all property
See Sheet 2 of 7 for Curve Table lines.
O
P. DUANE �' Fredericktowne Esta tes N Section 8
BROWN
Ag;Br:.w..- DATE: 3 August 1993 SCALE": 1"=50' Sheet 4 of 7
N0.1285
gilbert w. clifforo i ossociates, inc.
ENGINEERS — LAND FLANNERS — SURVEYORS
150—C Olds Greenwich Drive 200 North Cameron Street
QHO Fredericksburg. Virginia 22401 Winchester, Virginia 22601
(703) age-2115 (703) 667-2139
r
6K833" G 1 1 37
All lots are single family detached — traditional. \ ,1
•Denotes iron rod to be set
All lots ore subject to 0 20' Slope &Drainoge ryh' on property line 35' from
Easement along all rights —of —way and a 10' 1—` i UA right—of—way line.
Utility &Drainoge Easement along all property aid_
lines.
�O,tr�'`o '� - \ o• , to
e.
0 W16
c.Fye 20' Drainage Easement—�1
165
16,261 Sq. Ft. 0
S 10 \ \'
N 89'29 20"
F (125.00') 180.00' (55.00
1y{J 9
= 04 / 164
7 ® C 33, 277 Sq. Ft. C?X or \ ��
GDrainage Easement `' ; \ b� 1N
San. Sewer Esm't / %\ j( \
ICV
>t
Oit
pen Space Easement
163
20,250 Sq. Ft. `� tv
/ S`S8 \ �� \ 3 `CP
l �
r(99\ $3 68
Minimum Setback Requirements. A0J 43'
Front — 35' 5856 N 267,
Rear — 25' „ W 149
Side — 10' _.•�>3'1�
wLTU
P, DUANE
BROWN
NO. 1295
LAND
15U 7
section
See Sheet 2 of 7 for Curve Table
Fredericktowne Estates — Section 8
'BATE: 3 August 1993 1 SCALE: 1"=50' 1 Sheet 5 of 7
gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C Olds Greenwich Drive 200 North Comeron Street
Fredericksburg, Virginio 22401 Winchester, Virginia 22601
(703) aga-2115 (703) 667-2139
rt
6K 8 31 MsII3id;ble family detached — traditional.
iv All lots are suCCbTTject to a 20' Slope & Drainage
a? ' Easement along all rights —of —way and a 10'
Utility & Drainage Easement along all property
lines.
zo -!°, \ys'i- *%7,' S��A�e
o \ Faa FoJ 2 �f
9
\ \ ¢ Sq \ TTP
6
Isa \ 28,00 7Sq• Ft. i3 20' Drainage Easement
too f
CV \ / o ff
I, /I 165
167
a) / 21,571 Sq. Ft. N
I
CV
Drolnoge o 11
Easement
Xo
L
/� 1
56'24'22" W
N 163.88' — S 6.24'2 " E
w ;,) 25.00'
16 a
�^ I 11,931 Sq. Ft.
f
PL
N0W•Denotes iron rod to be set
o on property line 35' from
J�,right—of—way line.
N 56'24'22" yy �153.48'
N
169
.ti O
Z
Minimum Setback Requirements:
Z (See sheet 7 of 7)
4
Fron t — 35'
Rear — 25'
Side — 10'
ShLTN 0��
f�
See Sheet 2 of 7 for Curve Table
d
P. DUANE �•
Fredericktowne
Estates
— Section 8
BROWNQ
DATE: 3 August 1993
SCALE: 1"=50'
Sheet 6 of 7
NO, 1285
gilbert
w. clifford & associates, inc.
ENGINEERS
— LAND PLANNERS
— SURVEYORS
150—C 01de Greenwich Drive
200 North Cameron Street
L4ND
Fredericksburg, Vtrginio 22401
Winchester. Virginia 22601
(703) 898-2115
(703) 667-2139
All lots are single family detached — traditional.
168 (see sheet 6 0l 7)
-
All lots are subject to a 20' Slope & Drainage 1 S $6�4--" _ J
Easement along all rights —of —way and a 10' 22 E
Utility & Drainage Easement along all property
lines.
IL
I01 I 169
w
11,150 sq. Ft. >�
L
S64 22" W
w F
� 1— 3' O9' � q MN
a� N I 0 2 z
0 I 170
p 10,368 Sq. Fl. '
•W 4i N 56 24 22" —J
W
N `32=
I io r
NIA � 4
171
2 11, 015 Sq. Ft.
L _J 2
N 64'16'34" W
123.04'
F
S35'41'35"W--,
Lot 172 to be accessed 172 63.001j
from Dickenson Court. ^ 13,236 Sq. Ft. I • Denotes iron rod to be set �� N64'16 34,"W S8759 56;W / W
26
on property line 35' from 88.04 2782 �J
right—of—way line. / N �Ir7
35' / esemmanI 14 z
l�
i � ' • � Sonitwy Sewer Egaement
Minimum Setback Requirements. 88.04'%�/ �/.' •`_
Front — 3 o Fairfax Drive 50' R/W
— Rear 25'
Side — 10' tiV 161.52'
•0 —
I►LTH O h� N 64'16'34" W 211.52'
(See Sheet J of 7)
See Sheet 2 of 7 for Curve Table
P. DU E Fredericktowne Estates — Section 8
BROWN
V NO.
12..85 �► DATE: 3 August 1993 SCALE: 1 "-50' Sheet 7 of 7
01 N0gilbert w. Clifford & associates, inc.
ENGINEERS — LAND P, ANNERS — SURVEYORS
150—C Olde Greenwich Drive 200 North Cameron Street
L4N0 Fredericksburg, Virginia 22401 Winchester, Virginia 22601
(703) 888-2115 (703) 667-2139
8CT �
41RGINIA: FREDERICK COUNTY, uc.
This instrumenillid
t of writing was pr
to me ODAt le —
1_Q/' ; nd wiit t rtificate
of ackn0WWJ9M9nt ttwreeto annexed was
admitted to record.
J.�- UJ
� IM�C�LER
BOUNDARY LINE ADJUSTMENT
between
DAVID B. HOLLIDAYd(DB 860 Pg. 194)
an
DAVID B. HOLLIDAY (DB 860 Pg. 197)
OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, ORGINIA
Radio •./
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78
• \ `v
7 r• Vicinity Map
l Scale: 1'=2000'
PR D BY
Subdivision Administrator. Date �a
OWNE 'S CERTIFICATE
The above and foregoing boundary line adjustment of the land of David B. Holliday
and David B. Holliday, as appears in the accompanying plat, is with the free consent and
in accordance with the desires of the undersigned owners, proprietors, and trustees, if any.
_ Date
Lc uq 06e nxc NOTARY PUBLIC
1, �, Poi /a -!;TlliN a Notary Public in and for the State of Virginia, at large, do certify
that Iva fc/i)i;/ , whose name is signed to the
foregoing Owner's Consent, has acknowledged the some before me in my state.
Given under my hand this day of 1996.
My commission expires
SURVEYOR'S CERTIFICATE
l hereby certify that the land contained in this boundary line adjustment is the some
land containing 0.7090 acres conveyed to David B. Holliday from the Estate of Lewis Meyer
Costello by deed dated May 23, 1996 and 0.0365 acres conveyed to David B. Holliday from
the Estate of Lewis Meyer Costello by deed dated May 23, 1996, said deeds recorded in the
Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 860 at
page 194 and in Deed Book 860 at page 197, respectively.
`tH OF
P. Duane Brown, L.S.
P. DUANE -01
O BROWN ""'
DATE: JULY 12, 1996 FILE#: "6O69.DWG"
NO. 1285 gilbert w. Clifford & associates, inc.
SHEET
ENGINEERS - LAND PLANNERS - SURVEYORS
<qN0 SURVE�O� 150—C Olde Greenwich Drive 200 North Cameron Street OF
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 2
(540) 898-2115 (540) 667-2139
1 4
\' Map 75((A)) Parcel (Not Shown)
1,589 Sq. Ft. 0.0365 Ac. N Original
17,030 Sq. Ft. (0.3910 Ac.) N Adjusted
Zoned: RP, Use: Vacant
o 4?
. o �QS 6 6'34•. /�F
'� • 8
F
CO' DiQgl� p\ 60,
3S
F
3 Jy o; v 3 99 .
\ 7
<v
to0 O a0 Q) ZO
Ito
/
O Q
1^00 hOh
Or o Q M
F o0 QT o Q 0 Q ° �o
m tp
ry-
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tir
Al 4
Ov
(/Nc 18• 4'Q3S' \ Mo, '°� Jy � �°� o� c�ac
FG'ip RFSS R�iV !y Fk 2S• ^ c �°' o ��,
FNT Eq � J h
R �99 93 4\S£M£NT COw
10, v
ZONING: RP U �onl Q0
RP Req. Setbacks Se• /� fig• %ir
Front (Side) ^- 35'
Side 10'
Rear 25' a
v
BRL denotes Building Restriction Line denotes Prior Existing Condition (non —conforming)
BOUNDARY LINE ADJUSTMENT
�TH OF between
Dl. DAYID B. HOLLIDAY and
860 Pg. 194)
r DAVID B. HOLLIDAY (DB 860 Pg. 197)
P. DUANE �, OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, WRG#44
yD(DBROWN 0-4
DATE: JULY 12, 1996 SCALE: 1"=40' FILE#: "6069.DWG"
N❑. 1285 gilbert w. Clifford & associates, inc.
ENGINEERS - LAND PLANNERS - SURVEYORS SHEET
<qN0 SURVE�O� 150—C Dlde Greenwich Drive 200 North Cameron Street OF
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 2
(540) 898-2115 (540) 667-2139
n