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HomeMy WebLinkAbout08-93 Fredericktowne Est., Section 8 and 9 Opequon District - Backfile (2)* STAFF SUBDIVISION CHECKLIST * WM 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 THE SUM r�P1 '��DLARS '---�` �`..�� f _� FOR � r i DAY -TIMERS RE -ORDER No. 1221 —_Printed in USA BY O1 Lot 52 Fredericktowne Subdivision Section Three Q \ Lo t 50 l J Fredericktowne Subdivision Section Three 0 Denotes iron rod to be set on property line 35' from right-of-way line. SETBACK REQUIREMENTS FRONT = 35' SIDE = 10' REAR = 25' P. DUANE BROWN N0. 1285 4� z---G Sv�� LAND k/ iQ See Sheet 2 of 9 for Curve Table. lP/1`as F b 64y63 \ \ 4 ly fi'O, 466 1 4 C4r'�O ti� js,\ aiey. O/ O� 'VM6 hhh l ze � f �°f9J r� \ C� fte 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. L 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 .. _ +i.,o- - r.K•rr;':�R,�i+ncw:.c. ,. n•%t3w•'t'_.. ,..r•, •.•c..: . .._ _ ,... -.. .,.. .�. xwwa-...;,,.r; 4_' - �� I At r FP:�i w; ' X COUNTY7.0 cb �4 6A - 1 s I\63 ` �) 149 621III I 1 40 OriYe \ t -i� t\ t �� i. > ; l 59 I a1 t. \ i .` 6p ti39 dl c23 42 24 53 5A 45 ze AS 50 49 4A 26 .Y � � `••bf` ,� -`- - '.. )'' 5t 45 '55 � q�e °tee 1 \ �s✓� t P . cur b ! { 11 mod•--_ yes-.__ t_ 46 1 �.l 3A 29 h i ti i ,.. Rt. 30 200 �\ t99 204 205 198 �, ', �R1 197 ,i 203 \ 202 G�, 206 0• 114 201 207 1 I 1 213 11214 2 208 1 1 215 3 209 212 Illt 216 k� 211 217 / 4 210 °%a 218 219 5 4 ° o�Oc� o220221 6 171 172 173 174 1T5 176 7 10 170 177 222 178 223 9 169 188 189 190 191 179 224 8 11 tl I80 225 192 \\ �,nnY 181 //'226 12 \� 168 196 195 194 182 y 193 160 159 183�1 Yf 227 228 13 158 e / 184 229 14 167 161 + 157 156 � IBS 230 \ 166 15 /,/ 155 186 \ 165 162 RI 154 187 16 163 Ea*°' 151 152 �0.. 153 164 \�a, 17 150 142 it\ 1t6 \ 18 148 149 143 132 117 19 144 'pi 147 • n' 145 °�u��O 133 's 20 /7J` G p 146 131 118 21 141 134 119 140 130 22 139 135 120 \ 44 23 137 24 25 k 1; 26. f7 27• 28 OI FREDERICKTOWNE - SECTION 3 - D.B. 443,Pg. 296 O2 GREENBRIAR VILLAGE D.B. 558,Pg.638' sff:': ® GRFENBKIAN VILLAGE - Z) B b/0, Py• .sy9-.s-73 U .GREENBki�t, .50UP :-bj&.;7b `�. 7S-6 ,16 258 257 234 q8 A 256 248 233 247 255 232 237 238 246 254 231 236 239 245 253 0 235 4 °1e,�D! roe 240 244 252 115 88 A/ 241 243 251 89 85 , qO° 242 250 86 249 29 100 74 30 73 72 66 31 71 67 32 v' 70 33 68 69 34 35 36 •i, 37i;38 39 OPEQUON DISTRICT 53 52 T9 50 60 78 49 61 7 c 48 62 s{ 47 63 46 64 P 65 O� 45 44 43 42 41 40 SECTION INSERT INK .:. . gin- - as FREDERICK COUNTY b� 0 SN 63-IA)-62 63 Sw63-12)- 6 Q 3.% ��• a I R e 1 \ 91 A � zn-srs �• / w I 93 IOp BM.755 INSERT 75A W I �� t 3 10 Q gp 94 � A O 89 O 28 � i �O • e` 2A 8 ` '! 4� 89 sy ti 87A F Cie - � 6 14 74 � 86C 87 � 96 95 87C 84 19 at, \\IV �w O� 87B C.r 86 Opequon 85 25 25A. \� BARTONVILLE R 0 �111N5 ,75� \ 1 22 DA 46 - i � O"-SPdoO fi -26 860 \ 3ns 72 -— •w 78 A 78B Ins 74 \\��� , t1` /��. ',99\� j A 33q �,I `� `^"' • p1 5 II I�h I NE 34 \�, ` ` 1 SSE INS. 75E E\\' 1I;. � I � �� INSERT• SC I i � INS• / % � il' \` ,3S.e 35 3J I'. \ � , i 1 w „„w• o`�• � 1 j � ,� \ \ 4 I � y1� I 1 °'• 3(. I`'`Ins(+I'T1 ��, ..l'•i,I I 'w d`'•• _ � ' ��I �i _ - - Rt.64 • 37 T 7SF 104 �'' e 1 ' 9 63 II 1 63A 65 75G 105309-6311 I Sep 51 •y ? Ce 51 INSERT 75E 52 INSERT 748 73 - /`` 53A4 1► r�e si to T2 4 117 116 _ } KALE N M7 •� Y^ `T -.t.9 - 4: c; f ~' •y7 r �. :BACK CREEK e00 a .oy.a -.°' T '�.-•t•R - - .,,c Yt,v%�„ A�� w. 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 3p3j,� 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- 01on N 74f J. '6 *;Xf spree 2" 1" 4TE 'A 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&LTJj 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: RKRq Iri11 1' I Radio �. 8 e Ion so � _:2 '�` a�1•. It � e`�� (� •�.. •. !.� •`. o I ___ Cyree it / M. •c 1 � '�� � �y INTER •� 1.-. �. w 1 / l• ` L 78 j� • KINITY MAP p ��" �a �' •°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 •./ � o 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- "Cho) 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