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HomeMy WebLinkAboutRe-Subdivision of Frederick Woods Opequon District - BackfileTHIS DEED OF PARTIAL VACATION AND REDEDICATION, CONVEYANCE AND EASEMENT made and dated this /S day of July, 1993, by FREDERICK WOODS ASSOCIATES LIMITED PARTNERSHIP, a Virginia limited partnership, party of the first part ("Declarant"); E. SCOTT SMALLEY, Sole -Acting Trustee, party of the second party; E. SCOTT SMALLEY, Collection Agent, party of the third part; THOMAS B. NEWELL, Sole -Acting Trustee, party of the fourth part; and OMNI CONSTRUCTION, INC., party of the fifth part; and THE COUNTY OF FREDERICK, VIRGINIA, party of the sixth part. WHEREAS, by Deed of Subdivision, Dedication, Conveyance and Easement dated October 9, 1992 and of record in the Office of the Clerk of the Circuit Court for Frederick County, Virginia in Deed Book 785, at Page 1203 the Declarant herein subdivided a certain tract of land into a subdivision known as Frederick Woods --Section One; and, WHEREAS, a need has arisen to vacate part of said subdivision and to rededicate a portion of said subdivision as depicted on the attached plat of P. Duane Brown, C.L.S. dated May 24, 1993 entitled "Plat of Resubdivision of a Portion of Frederick Woods --Section One"; and, WHEREAS, said vacation and resubdivision and rededication is subject to two (2) deeds of trust, the first dated October 9, 1992 and of record in the aforementioned Clerk's Office in Deed Book 785, at Page 1230, where M. Tyson Gilpin and E. Scott Smalley are Trustees, either of whom may act, and John R. Friant, Jr., Escrow Agent, was the Beneficiary. The second trust is a credit line deed of trust dated December 18, 1992 of record in the aforementioned Clerk's Office in Deed Book 789, at Page 1652 where Thomas B. Newell and Charlie C. H. Lee were named Trustees, any one of whom may act, securing an indebtedness to Omni Construction, Inc.; and, WHEREAS, the aforementioned deed of trust dated October 9, 1992 of record in the aforementioned Clerk's Office in Deed Book 785, at Page 1230, the said John R. Friant, Jr., Escrow Agent, assigned his interest in the Notes secured thereby to E. Scott Smalley as Collection Agent; and, WHEREAS, it is the desire of all the parties to join in the execution of this document evidencing their consent to the "Resubdivision of a Portion of Frederick Woods --Section One." NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the party of the first part does hereby vacate that part of Mountain Ash Court and Button Bush Avenue as depicted on the original plat of Frederick Woods --Section One drawn by P. Duane Brown, C.L.S. dated August 27, 1992 said plat being attached to the Deed of Subdivision, Dedication, Conveyance and Easement dated October 9, 1992 of record in the aforementioned Clerk's Office in Deed Book 785, at Page 1203, the portion being vacated is only that portion that is bounded by Lots 11, 12, 13, 14, 15 and 16 depicted on the aforementioned plat dated August 27, 1992 by P. Duane Brown, C.L.S. Further, the Declarant herein hereby resubdivides Lots 11, 12, 13, 14, 15 and 16 of the original Frederick Woods --Section One as depicted on the aforementioned plat of P. Duane Brown dated August 27, 1992 into Lots 11, 12, 13 and 14 of Frederick Woods --Section One as depicted on the attached Plat of Resubdivision of Portion of Frederick Woods --Section One drawn by P. Duane Brown, C.L.S. dated May 24, 1993 attached hereto and incorporated herein by this reference. Further the Declarant does hereby dedicate, grant, bargain and convey in fee simple unto Frederick County for public street purposes those portions of Mountain Ash Court and Button Bush Avenue that are depicted on the aforementioned and attached plat dated May 24, 1993 where each right-of-way is more particularly described. The Declarant further grants and conveys unto Frederick County, its successors and assigns, slope and drainage easements for the purpose of constructing, operating, maintaining, adding or altering present or future storm drainage facilities, sewers, and appurtenances for the collection of storm drainage and its transmission through and across the property of the Declarant, said property and easements being more particularly bounded and described by the aforementioned attached plat. Said easements are subject to the conditions set forth on pages 2, 3, 4 and 5 of the aforementioned Deed of Subdivision, Dedication, Conveyance and Easement dated October 9, 1992 and of record in the aforementioned Clerk's Office in Deed Book 785, at Page 1203. The resubdivided lots described herein are subject to all of the restrictions and covenants contained in the Deed of Subdivision, Dedication, Conveyance and Easements dated October 9, 1992 of record in the aforementioned Clerk's Office in Deed Book 785, at Page 1203 and the Amended Deed of Dedication dated February 3, 1993 of record in the aforementioned Clerk's Office in Deed Book 792, at Page 699. As evidenced by their signatures hereto, the Trustees and Beneficiaries of the aforementioned deed of trust do hereby consent to the partial vacation and resubdivision and conveyance of easements contained hereinabove. WITNESS the following signatures and seals: FRE ERICK WOODS ASSOCIATES LIMITED PAR NPRSHIP, a V, rginia limited partnership 2 (SEAL) E. SCOTT SMAL E , Sole -A ti g Trus ee SEAL E . SCOTT SMAI LE ,� ollectio gent ) ( SEAL) HOMAS B.-N2WELL OMNI CONSTRUCTION, NC. By (SEAL) STATE OF VIRGINIA CITY/COUNTY OF 1 , To -wit: I, aAA/4,5e . C-�m'we a Notary Public in and for the jurisdiction aforesaid, do hereby certify that (� as Y Tm &1�^4t4/[ .� of FREDERICK WOODS ASSOCIATES LIMITED PARTNERSHIP, whose name is signed to the foregoing instrument has personally appeared before me and acknowledged the same. Given under my hand this !3 day of July, 1993. My commission expires MV4 -3) 1 "I q.5 11 0 Notary Public STATE OF VIRG NI CTTY7`COUNTY OF _ , To -wit: a Notary Public in w ,�r , ,rr�d and for the jurisdiction aforesaid, do hereby certify that E. SCOTT SMALLEY, Sole -Acting Trustee, and Collection Agent, whose name is signed to the foregoing instrument has personally appeared before me and acknowledged the same. Given under my hand this day of July, 1993. My commission expires '_Joa'c- 31,iQ � Nota Public STATE OF VIRGINIA r GI-TY/COUNTY OF n, To -wit: a Notary Public in and for the jurisdiction aforesaid, do hereby certify that THOMAS B. NEWELL, Sole -Acting Trustee, whose name is signed to the foregoing instrument has personally appeared before me and acknowledged the same. Given under my hand this I day of July, 1993. My commission expires r c Notary Public STATE OF �-T__' —IA M MzYwib CITY/COUNTY OF MDN16ymC; _Y , To -wit: I, 1.A��-sL �'.-�cti�n� 7.-- , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that as V,Le iry_s &,k t- of OMNI CONSTRUCTION, INC., whose name is signed to the foregoing instrument has personally appeared before me and acknowledged the same. Given under my hand this day of July, 1993. My commission expires HIM 7 Notary Pr lic Plat of Re - subdivision of a portion of IFaEDE CK WOODS *- Section It OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA • ,.e •J� / " Q_ � ` // Alt'•: \ w '„ sQ '8 1 �';-•� :� r� jest �e ' •VIiCINITY• MAP SCALE : I'� APPROVED BY FRED. CO. SANITATION AUTHOR DATE -/D PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE- --ZO VA. DEPT. OF TRANSPORTATION W�•�- DATE G Y 9 OWNER'S CERTIFICATE The above and foregoing re -subdivision of a portion of the land of Frederick Woods Associates Limited Partnership, as appears in the accompanying plats, is with the consent and 1n accordance with the desires . the un ersigned owners, proprietors, and trustees, if any. Flelij, k Ub4.03 aSaC� -Par ;.,.1 PAS+-" State of Virginla, �i ►t�► ofto-wit: a Notary Public In and for the State and County aforesaid, whose commislon as such will expire on the day of k)o I) VIA,_Ll�ti19_�J6 do hereby certify that S \— ., ,C' (ar r r., whose names are signed to the foregoing statement of consent, ha a acknowledged the same before me In my said County. Given under my hand this QO'day of A 19 . -1 n 1.4--t- )CA Vy-A SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this re -subdivision is a portion of the land conveyed to Frederick Woods Associates Limited Partnership by deed dated October 9, 1992, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book. 785 at page 1200. P. Duane Brown, C.L.S. P. DUANE DATE: MAY 24,1993 COVER SHEET ROWN -+ V"'aB28"" Y gilbert w. cliffor &associates, inc. SHEET % 8uyneen - IAud Planners OF JFl�� Surveyors LAND S 110-c OW. (k -kb DH,. 200 N.tk Cm.- Jv... 3 14.d.kk b.& Vksid. 23401 C703) M-2111 Mke6.e.. VbSWd 2=1 (703) 667.2139 Revised Area Summary ( Section I ) Area in Lots Area in R / W Area in Open Space Total Area Subdivided No. of Lots Average Lot Size 13.0861 Ac. 3.8161 Ac. 2.3124 Ac. 19.2146 Ac. 56 10,179 Sq. Ft. Curve Table No. Radius Arc Tan. Chord Chord Bearing 1 20011'29" 75.00' 26.43' 13.35' 26.29' N22038'58"E 2 33055'27" 75.00' 44.41' 22.88' 43.76' N040241300-W 3 33055'27" 75.00' 44.41' 22.88' 43.76' N38019'57"W 4 88002'23" 50.00' 76.83' 48.32' 69.49' N11016'30"W All streets as shown herein are hereby dedicated for public use. All property owners in Frederick Woods are required to belong to the Frederick Woods Home Owners Association. The Association Is the owner of all areas shown as Open Space on the attached plats and Is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Frederick Woods Is on file at the Frederick County Department of Planning and Development. The property represented herein Is a portion of the property shown on a plat of Frederick Woods - Section I, said plat recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed Book 785 at page 1226. All Open Space areas are subject to easements for future installation of water, sewer & storm drainage facilities and for Ingress - egress easements and the maintenance of same. XLT11i Ofi P. DUANE G're VBROWN No* 1285 0 5 J���� LANQ A PORTION OF IIWIE UCK WOODS ~ SECTION I DATE: MAY 24, 1993 1 SCALE: None gilbert w. cliffor & associates, inc. SHEET Engineers - Land Planners OF Surveyors r..a.rk.u.s. vyw. 22M QIM sss-uu Wh-b c.. vkvd. riot (703) 6e7-2133 SEE SHEET 2 FOR AREA SUMMARY, URVE TABLE AND GENERAL NOTES. State Route 642 Ex. R/ W 1§68003'35_"E __ S68057'30"E 272.85' 191.92' �20' Water Easement I f Open Space 1 1.5438 Ac. P prOAo� rOAos d F4tp ar� \ o��nae F �O'0e and \ \ W 2S0.00. t ewe '90\ti 0/ , 38 afh / 14 10,312 sq. ft. 13 a 10,664 sq. ft. �3?� ` \ C -J I� MOunta► f n Ash Nss°7�•q�.. COurt . Zsy,g�--o, SO' R/w 361 12 I Z o 14,040 Sq. ft. fo \ /Cola I S77 . - 13g.1= 1 � 5 11 y 10,014 sq. ft. o L29.20' I .w L- _ NS7°8„�— ;� cv 5' 1H:0:0 VN Min. Front Setback = 35' e11 10 (unless otherwise specified) Min. Rear Setback = 25' ' Av 13uttO s 1 Min. Side Setback = 10' enlJe f1 �u h R/W ' All Lots are Single Family Detached - Cluster. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. A PORTION OF ,�'� P. DUANE c' DATE: MAY 24, 1993 SCALE: 1" = 50' 0, BROWNS N`0 85 gilbert w. cliffor 8c associates, inc. SHEET Bnliers - Lend Planners 0���0 ' %� Qy�O neSurveyors ° LAND �J 150-C OM. o...e.+er od.. 200 Moe C— seea 3 ft-Wkk-1—& Vk&k 3WI (702) 6N•2115 Niedh . Vkpd. 22601 (7" 667-2179 4 THEEVA►NSCOMPANY 8283 GREENSBCRO DRIVE • SUITE 200 • MCLEAN, VIRGINIA 22102 • 703-893-7500 FAX: (703) 893-7913 June 14, 1993 Mr. John R. Riley County Administrator Frederick County 9 Court Square Winchester, VA 22601 Re: Frederick Woods John: vLY7,. Ur I appreciated the opportunity to meet with you, and go over the situation we find ourselves in with the taking of land from Frederick Woods for the Route 642 road widening project. After discussing this with the partners, we will go along with deeding the land to the County for the required right-of-way at no cost. This will be our contribution to this project. As you and I agreed, the County will require VDOT to build any buffers or screens required, with respect to the Frederick Woods lots, by virtue of the Route 642 construction. We look forward to future projects in Frederick County. Very truly yours, Donald R. Vague DRH/dcf cc: Jim Longerbeam H COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER June 14, 1993 Mr. C. E. Maddox, Jr., P.E., Vice President Ref: G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Chuck: f;1Yr pr ` e. A WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4184-4133 -AX (703) 984-9761 Frederick Woods Subd. Route 647 Frederick County We are in receipt of the land use permit application to cover the Frederick County Sanitation Authority's existing sanitary sewer facility which crosses Tin Oak Drive in the referenced development. The application appears to be in order. However, in addition since the Authority's 20' easement falls within the limits of the street right-of-way, a deed of quitclaim will also be needed. I am enclosing for your reference Page 14 from our Subdivision Street Requirements Manual which deals with quitclaiming of utility interests within a dedicated street right-of-way. Also, enclosed are drafts of two (2) types of quitclaim deeds. Once a deed and plat have been prepared they should be submitted to us for review prior to its recordation. Should you have any questions concerning the above, please let me know. RBC/rf Enclosures xc: Mr. S. A. Melnikoff Mr. K. E. Dellinger Mr. R. W. Watkins Mr. John Whitacre Sincerely, William H. Bushman Trans. Resident Engineer 6a. 6, J�&, By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY B. Utilities To assure the unencumbered dedication of the right-of-way for subdivision street additions, easements or other interests within the platted right-of-way shall be quit -claimed of any prior rights therein. In exchange, a permit may be issued by the department for a utility to occupy the area involved. This permit will be processed by the resident engineer upon acceptance of the street into the secondary system of state highways. No inspection fee is required for permits so issued. However, the approval of the permit shall be contingent upon the utility's compliance with applicable provisions of the Permit Manual. Insofar as is practical, longitudinal underground utilities shall be located outside of the street's pavement. However, where the governing body has established adequate requirements for the design, location, and construction of underground utilities within the right-of-way for subdivision streets, they shall become the department's requirements in that area and govern, provided they are not in conflict with any applicable requirements of the department. Departmental regulations prohibit the open -cutting of hardsurfaced roads except in extenuating circumstances. Therefore, all underground utilities within the right-of-way, as determined necessary by good engineering practice to serve the complete development of adjacent properties, shall be installed during the street's initial construction and prior to the application of its final pavement surface course. All above ground utilities shall be installed behind the sidewalk and/or as close as possible to the limits of the street's right-of-way. C. Spite Strips Plans that include a reserved or "spite" strip which prohibits otherwise lawful vehicular access to a street from the adjacent properties, whether within or outside the subdivision, will not be approved. §2.4 Surety and Fees A. Surety 1. Bond or Cash Deposit The developer shall furnish an acceptable surety, in accordance with Table III, to guarantee the satisfactory performance of the street for a period of one year from the date of its acceptance into the secondary system of state highways. The surety may be a performance bond, cash deposit, certified check or other form mutually satisfactory to the department and the developer. 2. Alternatives to Surety a. In jurisdictions where the staff of the governing body administers a comprehensive subdivision construction inspection program which has been approved by the department, the surety may be waived upon certification by the governing body that the proposed addition has been constructed in accordance with approved plans and specifications. 14 (DISTRIBUTION) DEED OF QUITCLAIM. THIS DEED OF QUITCLAIM, made and entered into on this day of 19 , by and between VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation, GRANTOR and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, GRANTEE. W I T N E S S E T H: That for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the GRANTOR does hereby quitclaim and release to the GRANTEE, subject to the reservations hereinafter set forth, the easement of right of way to construct, maintain, operate, alter, repair, inspect, protect, remove and replace certain improvements namely: (specific description of existing facilities) upon and across the property of , located in the Magisterial District of County, Virginia, insofar as the land embraced within said easement falls within the boundaries of (insert street name or number) to be maintained by the Virginia Department of Transportation, and more particularly described as follows: (Property Description Involving Reference to the Attached Plat) The GRANTOR reserves unto itself, its successors and assigns all of the rights and privileges under the Right of Way Easement by and between the day of Office of the Circuit Court of anc ,dated and recorded in the Clerk's County, Virginia, c�PFc in Deed Book , at Page , until such time as the Virginia Department of Transportation has issued a permit to the GRANTOR subject to the following two conditions which shall also be covenants running with the land: 1. That the above described improvements of the GRANTOR may continue to occupy such street or highway in the existing condition and location. 2. The GRANTOR shall at all times indemnify and save harmless the Commonwealth of Virginia, Department of Transportation, its employees, agents, and officers from any claim whatsoever arising from GRANTOR'S exercise of rights or privileges stated herein. The GRANTEE is to have and hold the above -described property for so long as said property is used as part of its public street or highway maintained by the GRANTEE or its successors or assigns charged with the responsibility and obligation to maintain public streets and highways, but upon abandonment of said I property's use for such purposes, all rights, privileges, interests and easements I in the property herein described under the aforesaid Right of Way Easement shall j revert to the GRANTOR, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has caused its name to be assigned (hereto and its seal to be affixed and attested by its appropriate officers, all after due authorization, on the day and year first above written. VIRGINIA ELECTRIC AND POWER COMPANY By Vice President Assistant Corporate Secretary g-� 2 aRP�i COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF RICHMOND ) I, , a Notary Public in and for the City aforesaid, in the Commonwealth of Virginia, whose commission expires on the day of , 19 , do hereby certify that and whose names are signed to the foregoing writing dated the day of 19 , as Vice President and Assistant Corporate Secretary of Virginia Electric and Power Company, have acknowledged the same before me in the City aforesaid this day of 19 Notary Public OR��t 3 .r Ar 1 (TRANSMISSION) DEED OF OUITCLAIM THIS DEED OF QUITCLAIM, made and entered into on this day of 19 by and between VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation, GRANTOR and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, GRANTEE. W I T N E S S E T H: That for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the GRANTOR does hereby quitclaim and release to the GRANTEE, subject to the reservations hereinafter set forth, the easement of right of way to construct,maintain, operate, alter, repair, inspect, protect, remove and replace certain improvements namely: (specific description of existing facilities) ;upon and across the property of , located in the Magisterial District of County, Virginia, insofar as the land embraced within said easement falls within the boundaries of (insert street name or number) to be maintained by the Virginia Department of Transportation, and more !particularly described as follows: (Property Description involving Reference to the Attached Plat) i i The GRANTOR reserves unto itself, its successors and assigns all of i I. !the rights and privileges under the'Right of Way Easement by and between Ji dated the day of and and recorded in the Clerk's Office of the Circuit Court of County, Virginia, in Deed Book at page until such time as the Virginia Department of Transportation has issued a permit to the GRANTOR subject to the following three conditions which shall also be covenants running with the land: 1. That the above described improvements of the GRANTOR may continue to occupy such street or highway in the existing condition and location. 2. The GRANTOR shall at all times indemnify and save harmless the Commonwealth of Virginia, Department of Transportation, its employees, agents and officers from any claim whatsoever arising from GRANTOR'S exercise of rights or privileges stated herein. 3. In the event GRANTEE shall hereafter require, for its purposes, that GRANTOR alter, change, adjust, or relocate the above -mentioned improvements, across or under such street or highway, the non -betterment cost only of such alteration, change, adjustment or relocation will be the responsibility of the GRANTEE. The GRANTEE is to have and to hold the above -described property for so long as said property is used as part of its public street or highway maintained by the GRANTEE or its successors or assigns charged with the responsibility and obligation to maintain public streets and highways, but upon abandonment of said property's use for such purposes, all rights, privileges, interests and easements in the property herein described under the aforesaid Right of Way Easement shall revert to the GRANTOR, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has caused its name to be assigned hereto and its seal to be affixed and attested by its appropriate officers, all after due authorization, on the day and year first above written. VIRGINIA ELECTRIC AND POWER COMPA-W Vice President Assistant Corporate Secretary 2 COMMONWEALTH OF „LRGINTA ) �� ) To -wit: r CITY OF RICHMOND ) I , a Notary Public in and for the City aforesaid, in the Commonwealth of Virginia, whose commission expires on the day of , 19 , do hereby certify that and whose names are signed to the foregoing writing dated the day of , 19 , as Vice President and Assistant Corporate Secretary of Virginia Electric and Power Company, have acknowledged the same before me in the City aforesaid this day of , 19 Notary Public ORPFt 3 COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER June 11, 1993 Mr. Ron Mislowsky, P.E. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: �j WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref: Frederick Woods Subdivision Route 647 Frederick County We have reviewed your letter of June 2, 1993 and drainage data concerning the additional curb and gutter installed along Route 647 at the referenced project. The information provided insures Structure No. 7 is adequately sized to handle the additional flow. Through copy of this letter to Mr. Kevin Firebaugh of Perry Engineering, we are apprising him of our findings. RBC/rf xc: Mr. T. L. Jackson Mr. S. A. Melnikoff Mr. K. E. Dellinger Mr. R. W. Watkins Mr. Kevin Firebaugh Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY V1, ["� f-(,] & gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 memorandum To: Kevin Firebaugh, Perry Engineering Co., Inc. From: Mike Hammer Re: Frederick Woods Date: April 29, 1993 The site plan revisions regarding the relocation and design of the roadway in the area of lots 12 thru 16 have not yet been approved. Several issues concerning this change are currently being reviewed and discussed with the County. Therefore, curb and gutter should not be installed in this area. cc: Don Hague, The Evans Company gris Tierney, Deputy Planner, Frederick County Bob Childress, VDOT 5 - 31993 �C T/'9 3 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 To: Planning Commission Members From: Kris C. Tierney, Deputy Planning Directo�/ Re: Resubdivision of Frederick Woods Date: March 5, 1993 As the Commission members are aware, the County is attempting to complete all the necessary steps to enable the realignment of Route 642 from just west of its intersection with Route 647 through to Route 522. The Frederick Woods development is one of the properties affected by this realignment. The attached sketch shows the area of Frederick Woods that will be affected by the relocation. The owners are requesting approval of a slight revision to the approved plat that results in the loss of two lots. The cul-de-sac serving the original lots 12-16 would be eliminated and redesigned lots 12, 13, and 14 would replace the cul-de-sac and the original five lots fronting it. The purpose of this redesign is to minimize the loss of lots within the Frederick Woods development while still enabling the proposed realignment of Route 642. Mr. Bushman has verbally agreed to accept the narrow turn radius of the resulting road, even though this does not meet normal VDOT standards. The staff would like to suggest that if the Commission has no major concerns over this proposal, that we be allowed to administratively approve the redivision once plats have been prepared and relevant agencies have approved the redesign. KCT/slk attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 N21 °58'25'E 90.83' S o, h� 32.07' S5517'41 `E 3 s ` W 0 Q v C5 p 79. 75 d 125.00 LQ W 3 0 J" t t0.000 v V S 57'15' 125.0 r o io N 0 .34 oZ d 10,000 s (0 N 57,15,18 125.00' ii S. R. 642 S88°03'35"E _g20-VIATER al .15'18,, 2 t5.00 � h0 20 (See Q Sheet 4 of 5) Min. Front Setback - 35' All Lots are Single Family Detached - Cluster. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback - 25' Easement along all Rights -of -Way and a 10' Min. Side Setback - 10' Utility Easement along all Property Lines. �b... -OLTJI O1 IFIRIEDIEIP3IICK W00203 - 319 C' TOM U P. DUANE �C'.. DATE: AUGUST27,1992 SCALER"c100' V rP BROWN�—%e!rl � / N0, 1285 gilbert W. cliffor w associates, inc. SHEET �� P SioesnL..d P�Ir—, of uyrn ND S' we ow o.-.rr wa. nraa.wr. vbu. 22441 par) ura,p vi.w., v�ru. rwpmt raaur Fr�oier�'clC �t/oeo�s J j-1;�I.- T I �T4tr t i f roPo�e ci S Ili'��'✓ y icy Svj:�7e __� L4 �ain A Co vet // ONIL15 , -= 5 fl Plat of Re subdivision of a portion of FREIIDIFIP3IICK WOODS - Section II OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ® v '8 �''-, =' :� '••'� ' jec Are ``?• ' .•VI I ••ITY• MAP i.. APPROVED BY FRED. CO. SANITATION AUTHORITY DATE PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE. VA. DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing re -subdivision of a portion of the land of Frederick Woods Associates Limited Partnership, as appears in the accompanying plats, is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. State of Virginia, County of , to-wk : I, , a Notary Public In and for the State and County aforesaid, whose commision as such will expire on the day of , 19 , do hereby certify that , whose names are signed to the foregoing statement of consent, have acknowledged the same before me in my said County. Given under my hand this day of ,19 SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this re -subdivision is a portion of the land conveyed to Frederick Woods Associates Limited Partnership by deed dated October 9, 1992, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick" County, Virginia in Deed Book 785 at page 1200. P. Duane Brown, C.L.S. P. DUANE f�G',. DATE: MAY 24,1993 COVER SHEET o 'z BROWN -+ Ow NO. yg'` y gilbert w. cliffor &associates, inc. SHEET 4 Engineers - land Planners OF Surveyors O L4ND �J 110-C OW. a...1er ni.. Me N nh c.m-.o s.w Q v F1.d.W.bw& Virsh" 22M CM 899-211S Wio6rt-. V4eioi. 22601 (707) 667-2129 ~ � � �\\ » «\ � Z > 2© Z Revised Area Summary ( Section I) Area in Lots Area in R / W Area in Open Space Total Area Subdivided No. of Lots Average Lot Size 13.0861 Ac. 3.8161 Ac. 2.3124 Ac. 19.2146 Ac. 56 10,179 Sq. Ft. Curve Table No. Radius Arc Ten. 1 Chord Chord Bearing 1 20011'29" 75.00' 26.43' 13.35' 26.29' N22038'58"E 2 33055'27" 75.00' 44.41' 22.88' 43.76' N04024'30"W 3 33055'27" 75.00' 44.41' 22.88' 43.76' N38019'57"W 4 88002'23" 50.00' 76.83' 48.32' 69.49' N11016'30"W All streets as shown herein are hereby dedicated for public use. All property owners In Frederick Woods are required to belong to the Frederick Woods Home Owners Association. The Association Is the owner of all areas shown as Open Space on the attached plats and Is responsible for the maintenance of those areas. All property owners must pay an annyal assessment to pay for this maintenance. This fee and all other rules of the Association are set forth In the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Frederick Woods is on file at the Frederick County Department of Planning and Development. The property represented herein is a portim of the property shown on a plat of Frederick Woods - Section 1, said plat recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia in Deed Book 785 at page 1226. All Open Space areas are subject to easements for Mum installation of water, sewer & storm drainage facilities and for Ingress - egress easements and the maintenance of same. O��EALTH 0�`� o� K DUANE N N0. 12855 o`- A�-� LAND 5 DATE: MAY 2491993 SCALE: None gilbert w. ch Or & associates, inc. Ensinem - Land Pleonen surveyors 150.0 ON. a.w..w red" 200 Nano C. ft sew, Wbsb nw. Vk*mk 22601 (/el) dM-3179 SHEET OF 3 SEE SHEET 2 FOR AREA SUMMARY, CURVE TABLE AND GENERAL NOTES. State Route 642 Ex. R/ W 668e03'35"E -- S88057'30"E 272.85' — _ — 191.92' �20, Water Easement I ' Open Space ' 1.5438 Ac. _ P P�Po'8ed 111ss Oranabs1ve . \ ?s0.00• . \ \T AC 38 °' - I � � \ �r�• �° \ � � j N 14 / 10,312 sq. ft.10,664 13 Q McUnta'n Ash COUrt Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' 0.66' l 12 3 1 f 14,040 sq, tt1 � J 2 E All Lots are Single Family Detached - Cluster. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. s0TU OF P. DUANE u7p,�Q BROWN .� N� NO. 1285 [AND SJ 11 10,014 sq. ft. s' �sf 18�' 10 Avenue. 'B ttOn Bash '50.R/W U N A PORTION OF FREDEUCK WOODS A' SECTION I DATE: MAY 24, 1993 SCALE: 1" = 50' gilbert w. cliffor associates, inc. . Bagiaeers - Lead PLmea Surveyors 150•C 06. n..-.ier n.w. F1Wff akmbW& Yhpea 22401 (703) 606-2115 200 NsW C..r- sa" Wbwbw. . Virsm a 22601 (703) 667.2139 SHEET 3 OF 3 r- INS cv. OAVD G.W.CLIFFORD & ASSOCIATES, INC. LETTER OF TRANSMITTAL 200 N.CAMERON ST. WINCHESTER, VIRGINIA 22601 PRESENT DATE JOB NO. 703-667-2139 6/7/93 TO: Virginia De artment of Transportation ATTENTION Bob Childress P.O. Box 278 RE: Frederick Woods Edinburg,VA 22824 Frederick County, Virginia WE ARE SENDING YOU X❑ ATTACHED UNDER SEPARATE VIA THE FOLLOWING ITEMS HAND DELIVERED ❑ CHANGE ORDER SAMPLES SPECIFICATIONS SHOP DRAWINGS PRINTS Fx1 PLANS X❑ OTHER COPY OF LETTER COPIES DATE DESCRIPTION 3 March '90 Construction Drawings revised May 25, 1993 5 5-24-93 Plat of Re -Subdivision x❑ ARE TRANSMITTED X❑ FOR APPROVAL FOR YOUR USE AS REQUESTED APPROVED/SUBMITTED ❑ APPROVED/AS NOTED ❑ RETURN/CORRECTIONS FOR REVIEW or COMMENT El FOR BIDS DUE ____________19_ ❑ RESUBMIT___ FOR APPROVAL ❑ SUBMIT___ FOR DISTRIBUTION ❑ RETURNED_ CORRECTED PRINTS El LOAN PRINT/RETURN x❑ RETURN/WITH SIGNATURES REMARKS Per your request, the attached Construction Drawings and Plat of Re -Subdivision reflect the new configuration of Lots 11-14 and the related V.D.O.T. right-of-way. Your early review and approval of these plans and plats will be greatly appreciated. COPY To: Wayne Miller SIGNED P. Duane Brown, C.L.S. John Whitacre Don Hague JV�1993 OEM pip UEVEI� REV. 2.0 G.W.CLIFFORD & ASSOCIATES, INC. LETTER OF TRANSMITTAL 200 N.CAMERON ST. WINCHESTER, VIRGINIA 22601 PRESENT DATE JOB NO. 703-667-2139 6/7/93 TO: County of Frederick ATTENTION Wayne Miller Degartment of Planning v l n RE: Frederick Woods 9 North Loudoun Street Frederick County, Virginia Winchester, VA 22601 WE ARE SENDING YOU X❑ ATTACHED F-1 UNDER SEPARATE VIA THE FOLLOWING ITEMS x❑ HAND DELIVERED CHANGE ORDER SAMPLES SPECIFICATIONS SHOP DRAWINGS a PRINTS I PLANS x I OTHER COPY OF LETTER COPIES DATE DESCRIPTION 2 March '90 Construction Drawings revised May 25, 1993 3 Jul '89 Master Plan revised April 14, 1993 1 5-24-93 Plat of Re -Subdivision 71 ARE TRANSMITTED ❑ APPROVED/SUBMITTED -1 FOR APPROVAL ❑ APPROVED/AS NOTED FOR YOUR USE ❑ RETURN/CORRECTIONS AS REQUESTED ❑ FOR REVIEW or COMMENT ❑ FOR BIDS DUE ------------ 19___ RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS El LOAN PRINT/RETURN -1 RETURN/WITH SIGNATURES REMARKS The attached plans and plats reflect the new configuration of Lots 11-14 and the related V.D.O.T. right-of-way as requested by V.D.O.T., the extension of the water main at Lots 12 and 13 as requested by F.C.S.A. and the revised road efficiency buffer along proposed State Route 642 per your letter of April 7, 1993. We have sent the Plat of Re -Subdivision to V.D.O.T. for their approval and will forward the Plat to you upon our receipt. COPY TO: Bob Childress SIGNED P. Duane Brown, C.L.S. John Whitacre Don Haguet REV. 2.0 v" J �. UN19c , f.n DEVI. OF PLAf'N'G � ��..>_ AND DEVELO"AENT ati Re -subdivision olerick Woods June 7, 19 44'" . Opequon District