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Home My WebLink About04-92 Freeton Opequon District - Backfile (2)IkID BY CASH CHECKAV(� k OTHER COUNTY ,)"-r-T. OF PLANNING AND DEVELOPMENT F.O. F30X 601, 9 COURT SQUARE WINCHESTER, VIRGINIA 2_2601 DATE c RECEIVED FROM ADDRESS THE SUM Of FOR J�h 14 Y� f; , /-,. DAY -TIMERS RE -ORDER No 3221 — Printed in USA BY __,��, DOLLARS $ A!u" P0 s r * STAFF SUBDIVISION CHECKLIST * This application is not complete if the following are not included: SUBMISSION PACKAGE 71. Comments sheets from the following agencies along with any marked copies of the plan; / `/ VDOT ✓ Cit of Winchester Sanitation Authority Inspections Dept. Fire Marshal 1--' 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 TRACKING Date Application received �-7 Fee Paid (amount $ 02 C d ) 57�p Subdivision heard by Planning Commission. I y Health Department Parks & Recreation Road Naming Coordinator ✓County Engineer IpP Action taken D Subdivision heard by Board of Supervisors. Action taken 1Yff' U UJ5final plat submitted with review agency signatures and; 2 ti qq eed of dedication 1 gOlat signed by Planning Director -71��lat signed by Subdivision Administrator Vq_ 10'g`/House numbering assigned bond estimate $ Info added to annual report disk BK822PC1494 FINAL PLAT FREET ON OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, V/IRGINIA �� Quairyt, i I Green Hil? 1�•. „+ .b,,•.• •SITE 78 ..'tl pheiRs C. `_• .�. INTE• Heir n 7)0 VICINITY MAP � ALE 1'_20001 PR VE BY Frederick Co. Sanitation Authority Date Planning CoPnmission - Date Subdivision Administrator Date '7-= 9� Va. Dept. of Transportation /si. /� Date V1.31en-, OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Jasbo, Inc. and James M. Stewart, Jr., Trustee for Acorn Land Trust, as appears in the accompanying plat, ,is with the consent and in a ^r�� ' desires of the undersigns ers, proprietors, and trustees, if Y. All property owners in Freetox are require belong to the Freetox Home Owners Association. The Association is the owner o{ all areas shown as Parking Area and Open Space on the attached plat 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 Freetox is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is the same land conveyed to Jasbo, Inc. by deeds dated 12 May 1977 and 15 May 1978 and the same land conveyed to James M. Stewart, Jr., Trustee for Acorn Land Trust, by deeds dated 31 August 1990 and 12 September 1990, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 473 at Page 588, Deed Book 514 at Page 36, Deed Book 750 at Page 168 and in Deed Book 750 at Page 887, respectively. P Douglas C. LLgge, C.L.S. z D AS z DATE: August 6, 1992 COVER SHEET Sheet 1 of 4 o CERTIFICATE 0. u BIG�� n gilbert w. clifford & associates, inc. C TI IED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg. Virginia 22401 Winchester, Virginia 22601 / (703) 595-2115 (703) 667-2139 gK9 5 N/F Inc � ryOl N/F West Vrginio Baking Co., Inc. �,1 \0, yl �Q• � `�s ro 0. Erb Qo 1P �. p 0 N42 7NP 4Pe,�. aT Open �O•,��0• Space \ � O M � �F' 6P �<, • Q ,bti \p I N 7 J4'43 W 89.34' I0 So~ t I N206 04 1 5 69 Q� Lot 4 - N th ia +� 2,936 Sq. Ft. tD -o 100.00, - o I Lot 3 e �' N/F N 2,000 Sq. Ft. 2 o -I " �0 Lot 2 o a 3I oN _I 2,000 Sq. Ft. 0 W e a N � Y 0 p N a N o Lot 1 o N ty r 7 3,000 Sq. Ft. 0 � O SO' BursIIt� MI Z i I- S 273443" E--10' N 20' wotr Ew"'t 00 Open Space I I N 0 S 29 07'47" E — — 255.24' 25' Strip 0 N to be dedicated to 0.2705 Acres County of Frederick `14 IF VA. ROUTE 641 for future rood widening S 29 07'47" E 255, 92' 30' PRESCRIP T1 VE R/W N/F \ i yl- Jeni Company Coin Each lot is subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Space/Ingress—Egress Easement along the rear property line. NOTE: MINIMUM SETBACK Each end lot is additionally subject to a 8' Open Space/Ingress— REQUIREMENT = 20' Egress Easement along the non-partywall side property line. �H rFREETON 14,6\ L UL.MU L_-J -Z.. 1c W DATE: August 6, 1992 SCALE: 1"=40' Sheet 2 of 4 CI CERTIFICATE ❑. -• g v 11 97.� a gilbert w. Clifford & associates, Inc. C1=R�1117ED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C Olde Greenwich Orive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 �K82��rj�s�6 N/r 35 Yam a Open Space \ \2 II c.A NIP Williams Jasba. Ina -A. Dc,1� N 1-3 / 00 r'0. o ON �� 00 1p `�` 0 a -10.69 r10 1' o / X� g0 0 vO N \ 9 a 6 3 j N \ tjp g 63 ',18 r O. �. o /562 ti 2\�°oa N/F 10tRL, 0�/\^� 0 %\ '. .00, z9� �O 43 1; \ p9 0° 5 5�'113 SP wa at sl t e ee �r. NOTE: MINIMUM SETBACK REQUIREMENT = 20' Each lot is subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Space/Ingress—Egress Easement along the rear property line.' Each end lot is additionally subject to a 8' Open Space/Ingress— Egress Easement along the non—partywall side property line. 0 CERTIFICATE I U1197 CWr LAND _SURVEY❑R_ J DATE: August 6, 1992 a AREA SUMMARY Area in Lots 0.9185 Acres Area in Parking 0.4152 Acres Area in Open Space 1.1574 Acres Total Area Subdivided 2.4911 Acres No. of Lots 18 Average Lot Size 2,223 Sq. Ft. FREEr"1.ON SCALE: 1 "=40' 1 Sheet 3 of 4 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 50-C 01de Greenwich Drive 200 North Cameron Street 'redericksburg, Virginia 22401 Winchester, Virginia 22601 703) 898-2115 (703) 667-2139 T'&8221'G 14 97 N/r w1flams N, Swat of el 00? Open Space a 0 O C56 Lot,00 0 o t �� JV 00. ti' � 0 a0 < ` �O T. 1 t• 0��. 0 rigney G, ao �O LOt 5° 00. _ Lo4 \ F{f s Oo. w 5 00 �`� 'r�s• to d 3. / 00. Open Space 255.24' S 29 07'47" E — — S 28 5726" E \ 209.11' N 0.2705 Acres 25' Strip U Cp to be dedicated to County of Frederick 255.92' gaaVA. ROUTE_641 for future road widenin S 29'07'47" E \ 30' PRESCRIPTIVE RIW S 285726" E 222.53' \ \ N/r Coin Josbobo' Ina \ Avery Each lot is subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Space/Ingress—Egress Easement along the rear property line. Each end lot is additionally subject to a 8' Open Space/Ingress— NOTE: MINIMUM SETBACK Egress Easement along the non—partywoll side property line. REQUIREMENT = 20' L LUUULnJ �• LL DATE: August 6, 1992 SCALE: 1"=40' Sheet 4 of 4 o CERTIFICATE �• U C�� gilbert w. Clifford & associates, inc. RTI�� D ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C aide Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 JIRGINW FREDERICK COUN1*, 9CT. This instrument pf t hing was pmd d to the �y of v t J� 19 and with certificate of acknowledgment thereto annexed was admitted to record. CLERK HARRISON L JOHNSTON ATTORNEYS AT LAW WINCNESTER. VIRGINIA BK82?PG1477 THIS DEED OF DEDICATION, made and dated this day of 1994, by JASBO, INC., a Virginia Corporation, party of the first part, hereinafter called the DECLARANT. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Plat drawn by Gilbert W. Clifford & Associates, Inc., dated August 6, 1992, known as Freeton, which Final Plat is attached. This is the same real estate previously conveyed to the DECLARANT by those certain deeds dated May 12, 1977, May 15, 1978, and October 30, 1992, which deeds are recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 473, at Page 588, Deed Book 514, at Page 36 and in Deed Book 787, at Page 87; WHEREAS, said real estate, as shown on the aforesaid attached Final Plat, has been,subdivided into lots for the construction of townhouses thereon (Lots 1 through 18), and the hereinabove referenced Final Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as parking areas, sanitary sewer easements, utility, parking, ingress, egress, common areas, sidewalk and drainage easements, all of which shall constitute a portion of that development known as Freeton, and which areas shall be maintained by the Freeton Homeowners Association upon the terms and conditions set forth hereinafter; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as FREETON. The Subdivision of said real estate, as it now appears on the aforesaid attached Final. Plat, is with the free consent and in accordance with the desires of HARRISON L JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA 8,822PG I h 78 the undersigned DECLARANT, and the DECLARANT herein further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Freeton, lying and being situate in Frederick County, Virginia, and being more particularly described by the certain Final Plat of Freeton, drawn by Gilbert W. Clifford and Associates, C.L.S., dated August 6, 1992 containing Lots 1 through 18 inclusive. This is the same real estate previously conveyed to the DECLARANT by those certain deeds dated May 12, 1977, May 15, 1978, and October 30, 1992, which deeds are recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 473, at Page 588, Deed Book 514, at Page 36 and in Deed Book 787, at Page 87; All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real 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. ARTICLE I Section 1. "Association" shall mean and refer to Freeton Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. -2- 6K822 Pop I47 Section 2. "Lot" shall mean and refer to any of the Lots (Lots 1 through 18, inclusive), designated upon the Final Plat of Freeton.. Section 3. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Freeton Subdivision, as shown on the hereinabove referenced Final Plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 5. "DECLARANT" shall mean and refer to Jasbo, Inc., a Virginia Corporation, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each member of the Association shall have one vote for each HARRISON 6 JOHNSTON ATTORNEYS AT LAW lot owned in which said Member shall hold the interest required •INCHESTER. VIROINIA -3- -8X822PG 1480 HARRISON 6 JOHNSTON ATTORNEYS AT LAW ■INCHESTER. VIROINIA for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than six (6) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the DECLARANT and serve until the first annual meeting following conveyance of the first Lot in Freeton Subdivision to a grantee other than Jasbo, Inc.; thereafter, the Board of Directors shall be elected by the Membership as determined in the By -Laws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of a fidelity bond for said officer to be borne by the Association. ARTICLE IV COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and -4- BK822P G t 4B f. HARRISON 6 JOHNSTON ATTORNEYS AT LAW ■INCNE9TER, VIRGINIA costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: improvements and maintenance of parking area, common areas and maintenance and repair of the drainage areas. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of each year immediately following the conveyance of the first Lot to an Owner (until January 1 of the year immediately following the conveyance of the first Lot to an owner other than DECLARANT) the annual assessment shall be One Hundred Dollars ($100.00) per Lot. (a) From and after January 1 of each year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the -5- BK822nG 1482 meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change int eh maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments. Section 4. Special Assessments For Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the parking areas within said subdivision, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, IARRISON 6 JOHNSTON subject to the notice requirement set forth in Sections 3 and 4 ATTORNEYS AT LAW WINCNESTER. VIRGINIA -6- UK822PG�t$ and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments - DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first lot to a grantee other than DECLARANT. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, HARRISON 6 JOHNSTON ATTORMEYO AT LAW or file a Notice of Lien among the land records and foreclose WIMCMESTER. VIROINIA -7- K8.22PG1464 said lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. Section 8. Subordination of the Lien to Mortgage: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) All properties dedicated to and accepted by a local public authority; (b) Any and all lots owned by DECLARANT, its successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof; and (c) All properties owned by a charitable or non- profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. ARTICLE V USE RESTRICTIONS AND COVENANTS The lots in Freeton Subdivision (Lots 1 trough 18 HARRISON 6 JOHNSTON inclusive) shall be subject to the following restrictions, which ATTORNEYS AT LAW ■INLME9TER. VIRGINIA are constituted covenants real to run with the land: -8- 81�22PSG148� 1. All Lots shall be used for single family residential purposes only. No townhouse may be modified to provide for a garage therein or thereto after such townhouse has been erected. 2. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs shall not exceed five (5) square feet in area, or signs used by the DECLARANT to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 3. No exterior antennas, satellite dishes, or similar device shall be permitted on any Lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. 5. No vehicles shall be parked in an area other than the parking lots constructed by DECLARANT in Freeton Subdivision. 6. No animals of any kind (including livestock, poultry, or birds) shall be permitted on any Lot, except that dogs, cats, and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable HARRISON 6 JOHNSTON ATTORNEYS AT LAW ■INCHESTER, VIRGINIA purposes or in unusual numbers; and further, provided that no -9- HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA $K822PUG 1486 dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. Further no doghouses or other structures housing any animal shall be allowed on any Lot whatsoever. 7. There shall be no fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, to be of one inch by six inch pressure -treated lumber, not higher than six feet. No fence shall be constructed until the board of Directors of the Association shall have approved the same. 8. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 10. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Freeton Subdivision, shall fail to maintain the premises and the improvements situated thereon as provided herein, the HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA BK822PG1487 Association, after notice to the Owner as provided in the By- laws and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such Lot. 11. The general rules of law regarding party walls and liability for property damages due to negligence or wilful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damage by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for wilful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or wilful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be an appurtenance to the land and shall pass to such Owner's successor in title. 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be in sanitary containers. All incinerators or other equipment for -11- QK82?. PG I t. 38 the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 13. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 14. No baby carriages, bicycles, or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhouse, except in the enclosed rear area. The Association shall specifically have authority to impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 15. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of a unit. No clothes, or other washing, shall be dried outside except during the hours from 9:00 a.m. to 5:00 p.m. 16. The color of the paint on the exterior of every building on each lot shall be the same as the original color. 17. No building, structure, addition or external alteration, (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of HARRISON JOHNSTON construction, including quality of workmanship, design, colors 6 ATTOIINEYB AT LAW W A7TOR EYS AT LAW and materials, shall have been approved in writing by the -12- . OK822PG1489 HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA Freeton Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 18. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 19. No Lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 20. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the Owners of a majority of Lots in Freeton Subdivision, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 21. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. The failure of the Lot owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE VI EASEMENTS Section 1. Public Utility and Drainage Easements: The -13- BK022P6 1490 MARA150N 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements and Utility Easements on the aforesaid plat of Freeton Subdivision. The DECLARANT does hereby grant and conveyed unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement or the maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements and Utility Easements. Section 2. Parking Area Easements: The property dedicated hereby is subject to those certain parking areas as shown on the aforesaid plat of Freeton Subdivision. Section 3. Reservations: (a) The DECLARANT reserves unto itself, its 1 successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the Final Plat of Freeton Subdivision. (b) The DECLARANT further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Freeton Subdivision, a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected II property to its original condition as near as practical. -14- The BK822Pb,1491 HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINLNESTER. VIRGINIA DECLARANT shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. ARTICLE VII DEDICATION OF COMMON OPEN SPACE All open space, as shown on the plat attached hereto, is hereby dedicated to the Freeton Homeowner's Association. ARTICLE VIII DEDICATION OF ALL DRAINAGE EASEMENTS AND FACILITIES FOR PUBLIC USE AND ACCESS All drainage easements and facilities for public use and access, as shown on the plat attached hereto, are dedicated for public use and access. ARTICLE IX DEDICATION OF RECREATIONAL FACILITIES All recreational facilities, as shown on the plat attached hereto, or hereafter placed in the common areas, are hereby dedicated to the Freeton Homeowner's Association. ARTICLE X DEDICATION AND MAINTENANCE OF PUBLIC IMPROVEMENTS Dedication is made of all public improvements shown on the attached plat or construction with regard to this projection, and not dedicated otherwise, are hereby dedicated to Frederick County, Virginia, the maintenance of which, once accepted by Frederick County, Virginia, shall be maintained at cost to Frederick County, Virginia. -15- BK822PUS 1492 HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors, or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or Court Order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years form the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under article V, Restriction No. II 19, supra. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an -16- 'I HARRISON 6 JOHNSTON II ATTGRNEYR AT LAW WINLHE9TER, VIRGINIA BK822PGG1493 instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia or other agency having jurisdiction thereof. WITNESS the following signature and seal: JASBO, INC., A Virginia Corporation By. _ ( SEAL) %a, L. Bowman, Presi STATE OF VIRGINIA, AT LARGE, CITY/eeUNTi- OF , To -wit: The foreg instrument was acknowledged before me this day of _ 1994, by James L. Bowman, as President of asbo, Inc., a Virginia Corporation, on behalf of said Corpora ion. My commission expires alcetn&_11 �/, 99(0 otary Public -17- FINAL PLAT FREETON OPEQUON MAGISTERIAL DISTRICT FREDERIClqK COUNTY, VIRGINIA �� Quarty - I Green Hilf _ r� K \ ° 0 I Cem c 1/�� —N— A�� J I _;, l --' SITE i St pheiis Ci i• :%• ,� INTE H(�,C p n. y: ✓� % obi o j 78 I. 1 i.1, •� % j _ 4 od• c '� Y �^� �� :...�•�� 1• .. �/0 s a a VICINITY MAP •� / /�i �=a . ' I o e'. CALE:1'=20D0' I`)PR0VEQoe BY Frederick Co. Sanitation Authority Date Planning Commission Date Subdivision Administrator Date Va. Dept. of Transportation �„r._ /�, /� Date 743 14 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Jasbo, Inc. and James M. Stewart, Jr., Trustee for Acorn Land Trust, as appears in the accompanying plat, is with the consent and in `a desires�ofthe undersigne ers, proprietors, ano itrustees, if y. All property owners in IFreetonn are require belong to the lFreetonn Home Owners Association. The Association is the owner of all areas shown as Parking Area and Open Space on the attached plat 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 IFreetoun is on file at the Frederick County Department of Planning and Development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is the same land conveyed to Jasbo, Inc. by deeds dated 12 May 1977 and 15 May 1978 and the same land conveyed to James M. Stewart, Jr., Trustee for Acorn Land Trust, by deeds dated 31 August 1990 and 12 September 1990, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 473 at Page 588, Deed Book 514 at Page 36, Deed Book 750 at Page 168 and in Deed Book 750 at Page 887, respectively. P H Douglas C. Lbgge, C.L.S. z D LAS z DATE: August 6, 1992 COVER SHEET Sheet 1 of 4 CD CERTIFICATE ❑. — U 81G�9z D gilbert w. clifford & associates, inc. CE T[ IED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Orive 200 North Cameron Street SURVEY❑R Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 N/F West Virginia Baking Co., Inc. \ ' N4./ N/F VFW to I0 r7 0 NO N pqo N/F \inc ' C� pp0 rL 9b yob 's 1�QN` To 5 / ci J•r tJ+W 5a.er Esn t i3J.J4 I N20'4 16. 04 Lot 4 12.936 Sq. Ft. I100.00' Lot 3 2,000 Sq. Ft. Lot 2 Sq. Ft. —I2,000 Lot 1 3,000 Sq. Ft. so' 9ucFER S 2734'43"' .�p 110 O � . rQ��a P � a .b0 691 QP�,��t'G a 5 a -o O vA W" Q 2 <L1 Q e a in a Open Space n a C'4 20r ' Wotx Euri t I � Open Space IN _ —I— S 29'07'47" E 0 nt 0 0.2705 Acres N S 29 07'47" E 255.92" N/1- Beni Company Each lot is `subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Space/Ingress—Egress Easement along the rear property line. Each end lot is additionally subject to a 8' Open Space/Ingress— Egress Easement along the non—portywall side property line. LI H OF o CERTIFICATE U 197 r R I IED LAND _SURVEYOR, 255.24' 25' strip to be dedicated to County of Frederick VA. ROUTE 641 for future road widening 30' PRESCRIP T1 VE R/W \ NIF Cain NOTE: MINIMUM SETBACK REQUIREMENT = 20' Z DATE: August 6, 1992 SCALE: 1"=40' Sheet 2 of 4 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Olde Greenwich Drive 200 North Cameron Street Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 s NIF Josbo, Inc. N/F Yom Open Space VZ N/F Williams / � N 0 \ 6'' o z o \ 40 0 tA049 65 .18 1}�J o oA moo. '7 0'�` 1�. 6' 38 10 r:' cf\ 1, rr O t 'O \ a' o' o� Asa ♦ O ! �( A O o0 cow \9� J \� \ 4N \ NOTE: MINIMUM SETBACK REQUIREMENT = 20' 100CD00. NNQ• Q T DO �G P. r3 +VO t A) 5 ° � t CP Be 5 as rn Each lot is subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Space/Ingress—Egress Easement along the rear property line. Each end lot is additionally subject to a 8' Open Space/Ingress— Egress Easement along the non—partywall side property line. P�' T H Q,r o CERTI�FIICCAATTE NO. J CLRT>"FI D, LAND SURVEYOR_ AREA SUMMARY N/F Tigney Area in Lots 0.9185 Acres Area in Parking 0.4152 Acres Area in Open Space 1.1574 Acres Total Area Subdivided 2.4911 Acres No. of Lots 18 Average Lot Size 2,223 Sq. Ft. FREETION DATE: August 6, 1992 1 SCALE: 1"=40' Sheet 3 of 4 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C aide Greenwich Drive 200 North Cameron Street Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 rO t 30 t 4) ee (See Sr Lot 12 100 N, co a � Lo\13 !- FL S.60 /'� HOC �� L0 SQ o \ N/F Williams X,� Open Spac- �, c0 Lot\S°' � v� 00. 200 1 FV �o Lo o So'. �o \sQ• \ O �� O� ��$ � Open Space vt \o m 255.24' _ _ A S 29 07"47" E S 28 5725" E 209.11 ' 0.2705 Acres \ 25' Strip to be dedicated to County of Frederick 255.92' VA. ROUTE 641 for future road wideni S 29'07'47" E \ 30' PRESCRIPTIVE RIW S 28 57 26 " E 222.5 -' Coin \ N/F Josbo, Inc. Each lot is subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Space/Ingress—Egress Easement along the rear property line. Each end lot is additionally subject to a 8' Open Space/Ingress— Egress Easement along the non—partywoll side property line. O CERTIFICATE CERTIFIED LAND _ SURVEYOR, '� I FREETON N/F Tigney \ Avvery NOTE: MINIMUM SETBACK REQUIREMENT = 20' L DATE: August 6, 1992 SCALE: 1"=40' Sheet 4 of 4 D gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C 01de Greenwich Drive 200 North Comeron Street Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 HARRISON L JOHNSTON ATTOONIYO AT LAVI WINCNISTIR. VIROINIA THIS DEED OF DEDICATION, made and dated this day of 4/j//'-�7 , 1994, by JASBO, INC., a Virginia Corporation, party of the first part, hereinafter called the DECLARANT. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Plat drawn by Gilbert W. Clifford & Associates, Inc., dated August 6, 1992, known as Freeton, which Final Plat is attached. This is the same real estate previously conveyed to the DECLARANT by those certain deeds dated May 12, 1977, May 15, 1978, and October 30, 1992, which deeds are recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 473, at Page 588, Deed Book 514, at Page 36 and in Deed Book 787, at Page 87; WHEREAS, said real estate, as shown on the aforesaid attached Final Plat, has been subdivided into lots for the construction of townhouses thereon (Lots 1 through 18), and the hereinabove referenced Final Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as parking areas, sanitary sewer easements, utility, parking, ingress, egress, common areas, sidewalk and drainage easements, all of which shall constitute a portion of that development known as Freeton, and which areas shall be maintained by the Freeton Homeowners Association upon the terms and conditions set forth hereinafter; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as FREETON. The Subdivision of said real estate, as it now appears on the aforesaid attached Final Plat, is with the free consent and in accordance with the desires of HARRISON L JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA the undersigned DECLARANT, and the DECLARANT herein further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Freeton, lying and being situate in Frederick County, Virginia, and being more particularly described by the certain Final Plat of Freeton, drawn by Gilbert W. Clifford and Associates, C.L.S., dated August 6, 1992 containing Lots 1 through 18 inclusive. This is the same real estate previously conveyed to the DECLARANT by those certain deeds dated May 12, 1977, May 15, 1978, and October 30, 1992, which deeds are recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 473, at Page 588, Deed Book 514, at Page 36 and in Deed Book 787, at Page 87; All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real 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. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Freeton Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns. -2- HARRISON C JOHNSTON ATTORN[YR AT LAW RIINCN[!T[R, VIRGINIA Section 2. "Lot" shall mean and refer to any of the Lots (Lots 1 through 18, inclusive), designated upon the Final Plat of Freeton. Section 3. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Freeton Subdivision, as shown on the hereinabove referenced Final Plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 5. "DECLARANT" shall mean and refer to Jasbo, Inc., a Virginia Corporation, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required -3- HARRISON L JOHNSTON ATTORN[Te AT LAW •INCH M[N. VIRGINIA for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than six (6) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the DECLARANT and serve until the first annual meeting following conveyance of the first Lot in Freeton Subdivision to a grantee other than Jasbo, Inc.; thereafter, the Board of Directors shall be elected by the Membership as determined in the By -Laws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of a fidelity bond for said officer to be borne by the Association. ARTICLE IV COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and -4- HARRISON 6 JOHNSTON ATTORMEY11 AT LAW WIMCNESTU. VINOIMIA costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: improvements and maintenance of parking area, common areas and maintenance and repair of the drainage areas. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of each year immediately following the conveyance of the first Lot to an Owner (until January 1 of the year immediately following the conveyance of the first Lot to an owner other than DECLARANT) the annual assessment shall be One Hundred Dollars ($100.00) per Lot. (a) From and after January 1 of each year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the -5- HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIROINIA meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change int eh maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments. Section 4. Special Assessments For Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the parking areas within said subdivision, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 RWr HARRISON 6 JOHNSTON ATTORNM AT LAW •INCHESTER. VIRGINIA and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments - DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first lot to a grantee other than DECLARANT. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose -7- HARRISON L JOHNSTON A7TONNTYS AT LAM' 11INCN7ST[N, VINOINIA said lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. Section 8. Subordination of the Lien to Mortgage: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) All properties dedicated to and accepted by a local public authority; (b) Any and all lots owned by DECLARANT, its successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof; and (c) All properties owned by a charitable or non- profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. ARTICLE V USE RESTRICTIONS AND COVENANTS The lots in Freeton Subdivision (Lots 1 trough 18 inclusive) shall be subject to the following restrictions, which II are constituted covenants real to run with the land: - 8 - HARRISON L JOHNSTON ATTORKIYS AT LAW ■INCN[lTM VIRGINIA 1. All Lots shall be used for single family residential purposes only. No townhouse may be modified to provide for a garage therein or thereto after such townhouse has been erected. 2. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs shall not exceed five (5) square feet in area, or signs used by the DECLARANT to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 3. No exterior antennas, satellite dishes, or similar device shall be permitted on any Lot. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. 5. No vehicles shall be parked in an area other than the parking lots constructed by DECLARANT in Freeton Subdivision. 6. No animals of any kind (including livestock, poultry, or birds) shall be permitted on any Lot, except that dogs, cats, and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable II purposes or in unusual numbers; and further, provided that no -9- HARRISON L JOHNSTON ATTORN[YR AT LAW WIRCNLlTCR. VIRGINIA dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. Further no doghouses or other structures housing any animal shall be allowed on any Lot whatsoever. 7. There shall be no fencing or hedges in the front of any of the townhouse units and all fencing to the rear of the townhouse units shall be attached to the individual unit, to be of one inch by six inch pressure -treated lumber, not higher than six feet. No fence shall be constructed until the board of Directors of the Association shall have approved the same. 8. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 10. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Freeton Subdivision, shall fail to maintain the premises and the improvements situated thereon as provided herein, the -10- HARRISON L JOHNSTON ATTORNEYS AT LAW •INCHESTER. VINSINIA Association, after notice to the Owner as provided in the By- laws and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such Lot. 11. The general rules of law regarding party walls and liability for property damages due to negligence or wilful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damage by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for wilful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or wilful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be an appurtenance to the land and shall pass to such Owner's successor in title. 12. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be in II sanitary containers. All incinerators or other equipment for -11- HARRISON L JOHNSTON ATTORNEY! AT LAW WINCHESTER. VIRGINIA the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 13. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 14. No baby carriages, bicycles, or other articles of personal property shall be deposited, allowed or permitted to remain outside of any townhouse, except in the enclosed rear area. The Association shall specifically have authority to impound all such articles to remain outside in violation of this provision and to make a charge for the safekeeping and return thereof. 15. No exterior clothesline, or hanging device shall be allowed upon any unit, except for an umbrella -type one with a diameter not exceeding seven (7) feet, provided same is located in the rear of a unit. No clothes, or other washing, shall be dried outside except during the hours from 9:00 a.m. to 5:00 16. The color of the paint on the exterior of every building on each lot shall be the same as the original color. 17. No building, structure, addition or external alteration, (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the -12- HARRISON L JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA Freeton Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 18. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 19. No Lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 20. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the Owners of a majority of Lots in Freeton Subdivision, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 21. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. The failure of the Lot owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE VI EASEMENTS Section 1. Public Utility and Drainage Easements: The -13- HARRISON L JOHNSTON ATTORNEY! AT LAW WINCHESTER. VIRGINIA property dedicated hereby is subject to those certain easements or rights of way designated as Drainage Easements and Utility Easements on the aforesaid plat of Freeton Subdivision. The DECLARANT does hereby grant and conveyed unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or easement or the maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements and Utility Easements. Section 2. Parking Area Easements: The property dedicated hereby is subject to those certain parking areas as shown on the aforesaid plat of Freeton Subdivision. Section 3. Reservations: (a) The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other utility equipment where such utility lines and equipment are located within the easements set forth on the Final Plat of Freeton Subdivision. (b) The DECLARANT further reserves unto itself, its successors or assigns, for a period of five (5) years from the date of conveyance of the first lot in Freeton Subdivision, a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected II property to its original condition as near as practical. -14- The HARRISON L JOHNSTON ATTORNEYS AT LAW ■INCHESTER. VIROINIA DECLARANT shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. ARTICLE VII DEDICATION OF COMMON OPEN SPACE All open space, as shown on the plat attached hereto, is hereby dedicated to the Freeton Homeowner's Association. ARTICLE VIII DEDICATION OF ALL DRAINAGE EASEMENTS AND FACILITIES FOR PUBLIC USE AND ACCESS All drainage easements and facilities for public use and access, as shown on the plat attached hereto, are dedicated for public use and access. ARTICLE IX DEDICATION OF RECREATIONAL FACILITIES All recreational facilities, as shown on the plat attached hereto, or hereafter placed in the common areas, are hereby dedicated to the Freeton Homeowner's Association. ARTICLE X DEDICATION AND MAINTENANCE OF PUBLIC IMPROVEMENTS Dedication is made of all public improvements shown on the attached plat or construction with regard to this projection, and not dedicated otherwise, are hereby dedicated to Frederick County, Virginia, the maintenance of which, once accepted by Frederick County, Frederick County, Virginia, shall be maintained at cost to Virginia. -15- HARRISON L JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors, or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or Court Order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years form the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under article V, Restriction No. 19, supra. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an -16- HARRISON L JOHNSTON ATTORMTTG AT LAM MINCNEST[R, VIRGINIA instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desires of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia or other agency having jurisdiction thereof. WITNESS the following signature and seal: JASBO, INC., A Virginia Corporation VBy (SEAL) Jam L. Bowman, Presi STATE OF VIRGINIA, AT LARGE, CITY/eeUNTY- OF , To -wit: The foreg instrument was acknowledged before me this day of , 1994, by James L. Bowman, as President of asbo, Inc., a Virginia Corporation, on behalf of said Corpora ion. My commission expires ace�Le.,' otary Public -17- JASBO, INC. P. O. BOX 6 STEPHENS CITY, VA 22655 540-662-7980 October 30, 1998 Mr. Eric Lawrence Zoning Administrator Frederick County, Virginia 107 North Kent Street Winchester, VA 22601-5000 RE: Freeton, Route 641 Letter of Credit #410 @ $6,100.00 Dear Mr. Lawrence: Currently you hold a letter of credit in the amount of $6,100.00 issued by F & M Bank in favor of Frederick County for the above referenced project. This project is now complete with the exception of replacing a few trees which failed to live. Those trees will be in place by November 14, 1998. Please notify F & M Bank at your earliest convenience that this letter of credit has been cancelled. Your prompt attention to this matter will be greatly appreciated. Sincerely, JA O, INC. �n m Petry ice President — Development JP/am cc: Evan Wyatt, Deputy Director, Planning James L. Bowman, President, Jasbo, Inc. . 5 p .44- 00-7 _ <:T- fK f jjj jj{ •�nz t'tu�st. LII✓J// COMMONWEALTH of VIRGI IA RAY D.PETHTEL COMMISSIONER Mr. Jerry King C/O King's Plumbing & Heating Route 1, Box 40-E Strasburg, VA 22657 Dear Jerry: DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 WILLIAM H. BUSHMAN RESIDENT ENGINEER November 17, 1992 TELE (703) 984-4133 FAX (703)984-9761 Ref: Land Use Permit #855-02031 Freeton Townhouse Development Route 641 Frederick County Enclosed you will find your approved land use permit assembly to cover the construction and maintenance of one (1) commercial entrance to the referenced project. Please note the minor revisions marked in red on the approved permit plans. Should you have any questions, please let me know. RBC/r Enclosures xc: Mr. R. W. Watkins Sincerely, William H. Bushman Trans. Resident Engineer u By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior P/C Review Date: 5/20/92 SUBDIVISION APPLICATION #004-92 FREETON LOCATION: On the west side and adjacent approximately 0.2 miles north of Route 277. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 860000A0000040, 860000A0000080, and 860000A0000090 to Route 641, 860000A0000050, PROPERTY ZONING & PRESENT USE: Zoned R-P (Residential Performance) land use - vacant ADJOINING PROPERTY ZONING & PRESENT USE: Zoned R-P (Residential Performance), B-1 (Neighborhood Business), and B-3 (Industrial Transition District) land use - residential, commercial, Fraternal Organization and vacant. PROPOSED USE: 18 Townhouses REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attachment letter from Robert Childress, dated March 25, 1992. Fire Marshal: Posted fire lanes required at all fire hydrants per Frederick County Chpt. 10. The location of the hydrant on site makes access to it very difficult. It should be relocated onto the traffic island to the southwest. Access for emergency vehicles during construction must be maintained at all times. No burning of construction debris is permitted on site. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code and Section 305, Use Group R (Residential) of the BOCA National Building Code 1990. 2 Sanitation Authority: First review - 14 items, correct and resubmit. County Engineer: See attachment dated April 27, 1992. Parks & Recreation: As a result of the revision on sheet 2, dated March 19, 1992, it appears that this plan meets the open space and recreational area requirements. Frederick Co. Public Schools: See attached letter from Thomas Sullivan, dated March 23, 1992. Planning & Zoning: This subdivision application is in conformance with the Master Plan and complies with the Subdivision ordinance requirements. Several review agency comments still need to be addressed; however, there are no items of a high enough magnitude to delay this application. Some of the items yet to be addressed will be handled at the site plan stage. STAFF RECOMMENDATIONS FOR 5120/92 PC MTG.: Approval with the following conditions: 1. That all review agency comments are adequately addressed. 2. That the Master Plan is approved by the Board of Supervisors. 3 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date 2�ril 1992 Application #: Db4-RX Fee Paid Applicant/Agent: G.W. Clifford & Associates. Inc. Address: 200 N. Cameron St. Winchester. Va 22601 Phone: (703) 667-2139 Owners name: JASBO. INC. & JAMES M. STEWART. JR. Address: P.O. Box 6 / 368 Buckinaham Dr. Stephens City. Va 22655 Phone: (703) 869-1800 Please list names of all owners, principals, and/or majority stockholders: James L. Bowman James M. Stewart.Jr. Contact person- Doua Leaae Phone: (703) 667-2139 Name of Subdivision: FREETON Number of Lots: 18 Total Acreage: 2.4911 (Net) Property Location: West side & adjacent to Route 641. approx. 0.2 miles north of Route 277 (Give State Rt.#, distance and direction from intersection) Magisterial District: `,. -.u. Number:Tax ID :. :. z . Property zoning and present use: RP (Vacant) Adjoining property zoning and use RP, B-1 & B-3 (Residential, Commercial, Fraternal Organization & Vacant) 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 No X What was the MDP title? FREETON Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes. Minimum Lot Size (smallest lot): 1700 sf Number and types of housing units in this development: Number 18 Types Townhouses COMMONWEALTH of VIRGINIA. DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER March 25, 1992 Mr. Douglas C. Legge, C.L.S. C/O G. W. Clifford & Assoc., Inc. 200 North Cameron Street P. O. Box 2104 Winchester, VA 22601 Dear Doug: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703) 984-9761 Ref: Freeton Townhouse Development Route 641 Frederick County As requested we have reviewed the referenced site plan dated March, 1992. Our recommendations may be found on the enclosed plans marked in red and as follows: 1. The proposed CG-9D entrance gutter is to be revised to a standard design for entrances along roadways with shoulders. The entrance is to be constructed with CG-6 curb and guttering with 20' radii, 10' pavement offset from the edge of pavement to the face of gutter pan and 30' tapers. 2. A half typical section with the pavement design as noted is to be incorporated into the plans. 3. A 4' earthen shoulder is to be constructed along Route 641 across the entire property frontage with ditch lines adjusted as necessary. 4. All vegetation along the property frontage is to be removed to obtain minimum sight distances. Please revise and resubmit four (4) copies for final approval. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. Should you have any questions, please let me know. Sincerely, W. H. Bushman, Trans. Resident Engr. By: R. B. Childress, Hwy. Permits & Subd. Spec. Sr. RBC/rf Enclosures xc: Mr. J. B. Diamond, WANYroWATANWRMrST#�&R§trawsnyder COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & Inspections 703/665-5643 FAX: 703/678-0682 FREDERICK COUNTY ENGINEER 9 NORTH LOUDOUN STREET, 2ND FLOOR WINCHESTER, VIRGINIA 22601 (703) 665-5643 MASTER DEVELOPMENT PLAN, SUBDIVISION & SITE PLAN DATE: April 27, 1992 PROJECT: Freeton Townhouse Development Route 641/0.2 miles North of Route 277 East Opequon Magisterial District Frederick County, Virginia DESIGNER: Doug Legge G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 COMMENTS 1. Sheet 3/5: Revise grading to reflect a crest elevation of 766. at the detention basin to correspond with the design calculations. The crest width should be at least three (3) feet to facilitate maintenance. 2. Sheet 3/5: Relineate width of emergency spillway required to pass 100 year storm. 3. Sheet 3/5: Consider the use of a riser in conjunction with the eight (8) inch CMP to deter clogging. The riser should be equipped with a grated opening that can be maintained. 4. Sheet 3/5: Provide siltation control at influent end of eight (8) inch CMP. 9 North Loudoun St. - P.O. Box 601 - Winchester, Virginia - 22601 Freeton Townhouse Development Page Two April 27, 1992 5. Sheet 3/5: Provide spot elevations in parking lot. 6. Sheet 3/5: Provide sidewalk cross section. Harvey Strawsnyder, Jtk.,PQ9. Direct Ur of Engineering Frederick County Public Schools 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22601-2708 Telephone: (703) 662-3888 — FAX (703) 722-2788 Administrative Assistant to the Superintendent March 23, 1992 G. W. Clifford & Assoc. 200 N. Cameron Street Winchester, Virginia 22601 Attention: Doug Legge Dear Doug: I am in receipt of your request for master development plan, subdivision and site plan comments for FREETON by JASBO, Inc. at the following location: west side and adjacent to Route 641 and identified as tax parcels 86-A-4, 86-A-5, 86-A-8, and 86-A-9. It is our understanding that the proposed use of this property is for the construction of three buildings consisting of 18 townhouse units. We feel that this development will have an impact on current and future school facilities. We recommend that these concerns be addressed during the approval process. Please feel free to contact me at your earliest convenience if you should require any additional information. Sincerely, Thomas Sullivan Administrative Assistant to the Superintendent TS/pkf REQUEST FOR MASTER DEVELOPMENT PLAN, SUBDIVISION & SITE PLAN COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JASBO INC P.O. Box 6 Stephens City, Va 22655 (703) 869-1800 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Doug Legge (703)667-2139 Name of development and/or description of the request: FREETON Location: West side & adjacent to Route 641, approx. 0.2 miles north of Route 277 City of Winchester Comments: e2 City Signature and Date: �.,, -_ - 3//3 & (NOTICE TO CITY - PLEASE RETURN 1rHISF0VM '$O THE AGENT.)/ / NOTICE TO AP T It is your responsibility to complete this orm as accurately as possible in order to assist the agency with their review. Please also attach a copy of your plans and/or application form. n. Y {T T1 rt !.�J!'.. REQUEST FOR MASTER DEVELOPMENT PLAN, SUBDIVISION & SITE PLAN COMMENTS Frederick County Parks & Recreation Department 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: JASBO, INC. P.O. Box 6 Stephens City, Va 22655 (703) 869-1800 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Doug Legge (703)667-2139 Name of development and/or description of the request: FREETON Location: West side & adjacent to Route 641, approx. 0.2 miles north of Route 277 Parks & Recreation Department Comments: As per the revision on sheet 2 dated March 19, 1992, it appears that this plan meets the open space and recreational area requirements. If you should have any questions, please let me know. Parks', -Signature and Date: March 20, 1992 (NOT/ CE TO PARKS - PLEASE RETURN THIS FORM TO THE 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 a copy of your plans and/or application form. REQUEST FOR MASTER DEVELOPMENT PLAN, SUBDIVISION & SITE PLAN 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: JASBO, INC. P.O. Box 6 Stephens City, Va 22655 (703) 869-1800 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Doug Leaae (703)667-2139 Name of development and/or description of the request: FREETON Location: West side & adiacent to Route 641, approx. 0.2 miles north of Route 277 Inspections Department Comments: Building shall comply with the Virginia Uniform Statewide Building Code and Section 305, Use Group (R) Residential of the BOCA National Building Code/1990, 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 FORM,O AGENT.) TO APPLICANT complete this form as accurately as the agency with their review. Also, plans and/or application form. RECEIVED H MAR 3 02 i - REQUEST FOR MASTER DEVELOPMENT PLAN, SUBDIVISION & SITE PLAN 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: JASBO, INC. P.O. Box 6 Stephens City, Va 22655 (703) 869-1800 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Doug Legge (703)667-2139 Name of development and/or description of the request: FREETON Location: West side & adjacent to Route 641, anprox. 0.2 miles north of Route 277 Sanitation Authority Comments: / ST / y /TE,0 S - 4- AF5;-,r14-0iT Sanit. Signature & Date: (NOTICE TO SANITATION 7.1 NOTICE It is your responsibility to possible in order to assist please attach TWO copies of RETURN THIS FORM TO AGENT.) TO APPLICANT complete this form as accurately as the agency with their review. Also, your plans and/or application form. C. TV OF FREDERICK, VIRGINI� FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Type of Application Subdivision/Site Plan 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 Roadway/Aisleway Widths; Adequate X Inadequate Special Hazards Noted; Yes _ Comments: Not Identified No X W.; Hydrant Locations; Adequate X. 1 nadequ at ............................ Not identif ie-d ... . .............. Siamese Connection 1. oca1ion5 Approved Not Approved ..................... Not identified .................. ...... .. Additional Comments; 1) The location of the hydrant on site makes access to it very difficult. .............. . ............. . .. ..................... .............. ............... ...... . ...... it should be relocated . . . . . onto .. ...... . ........... the ---- ....... . .......................... . ...... .... ........... traffic island to ........................ ...... . ................ ........ -.1 .. ... ........................ the southwest. 2) - ........... — .... ..... . ................ ..... . ....... - ----- -------- . .......... . . ... .......... Access for emergency . ..... ............ ... - . ....... . ....... .... ............................................... vehicles during ................ ...... . . . ...................... . . ....... ........... construction . . ......... . ...... ---- ........... . ................ . .. . I.- .. must be maintained . .................. .......... . ........ I ........ . . ....... . .................. I ........... is permitted on site, . .......... ..... ....... . ....... . .. . . .... . ............ . ............ . ......... . ............... - .... at all times. 3) No .............. - .... . ....... . ... . .................. ........... ............ ............. ....... . .......... .... ... . .............. - ......................... burning of .. . ......... ............ ........................... ......................... construction .................. - ........... ... .............. . dehrO�i ........ .... .... . ................ .............. ... . . . ...... ................ REQUEST FOR MASTER DEVELOPMENT PLAN SUBDIVISION & SITE PLAN COMMENTS Frederick County Engineering Department Attn: Ed Strawsnyder P.O. Box 601 Winchester, Va 22601 (703) 665-5643 Applicant's name, address and phone number: JASBO INC P.O. Box 6 Stephens City, Va 22655 (703) 869-1800 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Doug Legge (703)667-2139 Name of development and/or description of the request: FREETON Location: West side & adjacent to Route 641, approx. 0.2 miles north of Route 277 Engineers Comments: Please refer to attached comment sheet. ineersS1 g ature TICS AO ENGINEER and Date: q2 [IS FORM TO THE AGENT.) RECE�' A z z.0 , I FREC)F PREDICTED TRAFFIC TOTALS Freeton Townhouse Development Frederick County, VA Apr-91 TRIP GENERATION STATISTICS SOURCE: INSTITUTE TRANSPORTATION ENGINEERS, Trip Generation, 4th Ed TRIP GENERATION Code 230 Residential Condominium Residences Density C& 18 Dwelling Units STATISTIC Predicted Rate Per Total Dwelling Unit Trips Average Weekday 5.857 105 Vehicle Trip Ends Weekday Vehicle Trip 0.561 10 Ends During PM Peak Hour Adjacent Street Weekday Vehicle Trip 0.544 10 Ends During PM Peak Hour Generator Weekday Vehicle Trip 86 Ends Less PM Peaks traffic generation for 18 hrs One Way Vehicle Trips/Hour = 5 (non -peak hours) Average Weekend 5.666 102 Vehicle Trip Ends Weekend Vehicle Trip 0.474 9 Ends During PM Peak Hour Generator Weekend Vehicle Trip 93 Ends Less PM Peaks traffic generation for 18 hrs Average Weekend Vehicle Trips/Hour = 6 (non -peak hours) Entrance Percentage of Total Traffic Weekday Trip Ends Weekend Trip Ends Entering Development (avg/non-peak hr.) (avg/non-peak hr.) VA Rte 641 100 % 5 6 The Total Trips Generated By This Development = 105 trips per day gilbert w. cli f ford & associates, inc. Freeton Townhouse Project Erosion and Sediment Control Narrative March 4,1992 Project Description The purpose of this project is the construction of three townhouse buildings consisting of eighteen (18) townhouse units. The site of approximately 2.5 acres fronts the northeasterly side of Virginia Secondary Route 641 approximately 0.2 miles north of Va. Route 277. In addition to the townhouse buildings, a parking lot, access entrance and public use facilities such as sanitary sewer, water mains and storm sewer will be installed. A total of about 1.5 acres will be disturbed during construction. Existing Site Conditions The proposed site is in a gently rolling area consisting of slopes ranging from 3 to 4 percent, sloping from Route 641 toward the westerly corner of the tract. The site is covered with a natural growth of weeds and grasses, with brush and trees scattered along the southerly and westerly sides. Adjacent Property . The property fronts the westerly side of Route 641 and is bordered by commercial businesses on two sides and residential areas on the other sides. Freeton Townhouse Project Erosion and Sediment Control Narative March 4,1992 Erosion & Sediment Control 1.0 GENERAL 1.1 DESCRIPTION A. Work Included: Erosion and sediment control operations and devices required for this work are indicated on the drawings and include, but are not necessarily limited to: 1. Installation of control devices; 2. Maintenance of control devices; 3. Temporary forms of stabilization; 4. Removal of devices and site restoration. 1.2 STANDARDS A. The following codes and standards, latest editions form a part of this specification, to the extent of all provisions applicable to the work required for this project, and as specifically referenced herein. 1. All work shall comply with Virginia Erosion and Sediment Control Handbook and as amended by local codes and regulations. 2. VDOT Specifications are those contained in the latest edition of the Virginia Department of Transportation, Road and Bridge Specifications. 1.3 PROTECTION A. Use all means necessary to protect all materials incorporated into the work of this section before, during and after installation. In the event of damage, immediately make all repairs and replacements necessary to he approval of the Owner's Representatives and at no additional cost to the Owner. B. Maintain and protect all benchmarks, monuments and similar reference points and, if they are displaced or destroyed by these operations, replace same as directed at no additional cost to the Owner. 2 Freeton Townhouse Project Erosion and Sediment Control Narative March 4,1992 1.4 PERMITS A. The Contractor, acting as the Owner's agent shall secure certificates and permits and pay for all fees required by local codes and regulations. The. value of the erosion and sediment control work to include maintenance and all seeding of disturbed areas shall be included in the overall project performance bond. 2.0 EXECUTION 2.1 GENERAL REQUIREMENTS A. Limit grading to only those areas involved in current construction activities. Limit length of time for exposure of unprotected graded areas. Permanent stabilization of graded areas shall be done as soon as possible after construction. If permanent stabilization cannot be provided, temporary seeding, mulching or other forms of stabilization shall be provided. B. Sedimentation control devices will be constructed prior to the commencing of earth movement to prevent siltation or pollution of areas adjacent to the project. Construction of the devices shall agree with the details shown on the plan subject to modifications thereof that the Owner's Representative deems advisable. They shall remain in place until all surfaces within the project are completed such that siltation will not occur; i.e., all upstream areas from the control devices have vegetation established, mulch in place or furnished pavement completed. C. The Contractor agrees to hold the Owner or any of its agents harmless from any and all liability or damage that may arise of a violation of the siltation ordinance and agrees to indemnify them against any loss. 2.2 NARRATIVE A. Description The project consists of the construction of streets, sanitary sewer, water lines and stormwater management for the development of 18 townhouse units. 3 Freeton Townhouse Project Erosion and Sediment Control Narative March 4,1992 B. Dates of Construction The project is scheduled to start in the summer of 1992 and be completely stabilized by spring of 1993. C. Soil Data A copy of the soils map for the site area is attached. The soil type is Blairton (3B) in the Weikert Berks Blairton soil group. This group is characterized by gently sloping to moderately steep grades, shallow and moderately deep, well drained to somewhat poorly drained soils. D. Erosion Control Program "Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied within seven days to denuded areas that may not be a final grade but will remain dormant (undisturbed) for longer than 30 days." E. Sediment Control Program Control will be exercised through sequence of land disturbing operations, limiting duration of exposure of unstabilized areas and installation and maintenance of physical control devices coordinated with sequence of construction. Devices used are shown on the drawings and include, but are not limited to: 1. Storm water inlet protection; 2. Silt fence; 3. Straw bale barrier; 4. Construction entrance; F. Sequence of Land Disturbing Activities 1. General: All applicable mechanical controls are to be constructed as the first item of work. Following their completion, rough grade, finish grade and install appropriate erosion sedimentation aids. Retain control devices until final stabilization of all areas or as directed by Owner's Representative. 4 2. Schedule a. First Step: (1) Straw bales; (2) Silt fence; (3) Construction entrance. b. Second Step: (1) Strip topsoil to stockpile; (2) Provide vegetative cover if over 7 c. Third Step: (1) Rough grade; (2) Straw bale with weirs; (3) Outlet protection and riprap; (4) Installation of utilities. d. Fourth Step: Freeton Townhouse Project Erosion and Sediment Control Narative March 4,1992 days. (1) Finish grade and pave streets, cut swales and ditches. e. Fifth Step: (1) Seeding of disturbed areas not paved; (2) Seed stockpile of surplus soils. G. Storm Water Management final cross section of The Freeton townhouse site drains to four points. The eastern edge, between the townhouses and Va. Route 641, drains to ditches on the west side of 641. The area south of the entrance to the site, flows to an existing roadside ditch. Runoff from north of the driveway will flow to an existing 13" x 17' CMPA. In the case of the southern area, improvement of the surface cover will increase the C factor sufficiently to offset a small increase in drainage area. North of the entrance, the drainage area to the existing culvert is reduced, while the C factor remains essentially the same. In both instances the post development 2 and 10 year runoff rates do not exceed predevelopment flows to the same points. A majority of the site, including all of the townhouse and parking areas drain to the west. A single well defined channel is accessed from two points. The southermost point receives uncontrolled runoff from the rear yards and roofs of a few of the townhouses. In this case, a reduction in the drainage area which exists currently will offset the increased C factor. Freeton Townhouse Project Erosion and Sediment Control Narative March 4,1992 The last point of discharge from the site is controlled by a detention pond. The entire parking area and most of the townhouses drain to the pond. The outlet structure is designed to pass the two and ten year storm events at a peak rate less than the predevelopment rate to this same point. The 100 year storm is released in a controlled manner through to overflow weir structure. At all four discharge points, the post development runoff has been reduced to less than the predevelopment rates, either by reducing the drainage area to account for a small increase in impervious area or by detention. The routing calculations for the detention pond are attached here. The actual pre and post runoff calculations to each of the discharge points are provided on the plans. H. Maintenance Program All control measures are to be inspected daily by the site superintendent or his representative. Any damaged structure should be repaired at the close of the day. Inlet protection devices, silt traps, and siltation fencing should be cleaned at 50% capacity and spread on -site where practical. Control structures shall not be removed until all areas above have been finally stabilized and seeded areas established. No control shall be removed without the site inspector's prior approval. G Freeton Townhouse Development Stormwater Mangement Plan Detention Pond Routing Calculations for 2, 10, & 100 Year Storms gilbert w. cli f ford & associates, inc. P_1taD-2 .ersicn: 5.16 N•i: i 5160225 Page EXECUTED: _ _-_ 992 _,7 TWO v s - c>�: e��--1 c.i-?b:c• ,..,,;�1 YEAR EE•�_?rn Freg: � years T •f`T •1`T •1`TT T•I•T•T••F�•1`T TT •1* T�R+T A�ri`TT�•FT�T•i•�TTTTT•1` FREETONd TOWNHOUSE DEVELOPMENT � DETENTION FOND ROUTING CALCULATION •1+ F � •P •1` •P � � �'F � T T •i� •i` JI` •i` T m •f• •F •f• T •1 T T •F �P •F T T •F •f• •F• 1• T •F •� � T Inflow Hydrograph: D:\LANDFILL\FREE2 .HYD Rating Table file: D:\LANDFILL\FREEDET .PNJD ----INITIAL CONDITIONS ---- Elevation = 763.00 ft Outflow = 0.00 cfs Storage = 0.00 ac-ft GIVEN POND DATA ;ELEVATION; OUTFLOW ; STORAGE ; iftj ; (cf_) (ac-•-ft) i i i f 1 763.75 75 ' , ! 0.9 + 0 . 017: 1 1 764.00 j 764.25 1.4 ; 0.057: { Ln 50 1.6 1 O., _B4t 1 764.75 t 5.9 = 1 4 t + 765.00 + 13.7 + !'S nQ ' 765.25 23.7 ; 0.107: { 765.50 35.E 1 = + 765.75 + ------------------------------- 48.4 + 27S t INTERMEDIATE ROUTING COMPUTATIONS 2St ; 2Sit r 0 !cfs? -------------- :=fs; '--------•----- ' { .0 , i ; 0.0 ; 1.0 ; 1.2 ; 8.1 8. 49.E ; 50. n i i •J i . 'J p 82.8 1 , 84.2 , t 121.3 + 122.9 t 165.5 171.4 ' 215.7 + 29 n + 404.1 ---------------------------- 453.0 Time increment (t) = 0.017 hrs. POND-2 Version: 5.16 S/N: 1295160225 Page 2 EXECUTED: 03-04-1992 07:36:07 TWO YEAR Return Freq: 2 years Pond File: D:\LANDFILL\FREEDET .PND Inflow Hydrograph: D:\LANDFILL\FREE2 .HYD Outflow Hydrograph: D:\LANDFILL\FREE20 .HYD INFLOW HYDROGRAPH ______________________________________________________ ROUTING COMPUTATIONS __________________ � TIME | INFLOW | | I1+I2 | 2S/t - O | 2S/t + O | OUTFLOW :ELEVATION: | (hrs) | (cfs) ( | (cfs) ! (cfs) | (cfs) | (cfs) | (ft) | . . . ._________.____________.___________.__-______._________. . . . . . . | 0.000 | 0.00; � ----- | 0.0 | 0.0; 0.00 | 763.00 | � 0.017 | 0.82| | 0.8 | 0.6 | 0.8| 0.13 | 763.17 | | 0.033 | 1.65| | 2.5 2.5 | 3.0| 0.27 | 763.31 | | 0.050 | 2.47| | 4.1 5.8 | 6.6: 0.42 | 763.43 | ( 0.067 | 3.30| | 5.8 | 10.4 | 11.5: 0.57 | 763.54 | � 0.083 | 4.12: | 7.4 | 16.4 | 17.8| 0.72 | 763.64 | � 0.100 | 4.12| | 8.2 | 22.8 24.6| 0.89 763.74 | | 0.117 | 4.12: | 8.2 | 29.1 | 31.1: 0.97 | 763.81 | | 0.133 | 4.121 8.2 | 35.3 37.4: 1.04 | 763.87 � � 0.150 4.12| | 8.2 | 41.3 | 43.5| 1.11 | 763.93 � | 0.167 | 4.12| | 8.2 | 47.2 | 49.5: 1.18 | 763.99 | | 0.183 | 4.12| | 8.2 | 53.0 | 55.4: 1.23 | 764.03 | | 0.200 | 4.121 8.2 | 58.7 | 61.2: 1.26 | 764.08 | | 0.217 | 4.12; | 8.2 | 64.3 66.9| 1.30 | 764.12 | | 0.233 | 3.30| | 7.4 | 69.1 | 71.71 1.33 | 764.16 ( | 0.250 | 2.471 | 5.8 | 72.2 | 74.9: 1.34 | 764.18 | | 0.267 | 1.65| | 4.1 | 73.6 | 76.3| 1.35 | 764.19 | | 0.283 | 0.82: | 2.5 | 73.4 | 76.1| 1.35 | 764.19 | | 0.300 | _________________ 0.00| | 0.8 | ______________________________________________________ 71.5 74.2| 1.34 | 764.17 | POND-2 Version: 5.16 4,N: 1295160225 Page i EXECUTED: 03-04-1 992 07:36: 15 TEI`,', YEAR Return Freq : 10 years W+1�•T••i�TT TT T•1 �1`•1`�TT•iT�FT T �M�f`T//`1��'F •(`A`�I'•1`TT•1`1`R`•F �1�T m FREETON TOWNHOUSE DEVELOPMENT T DETENTION FOND ROUTING CALCULATION •1` T •f` •1` 'P A� � �f` •1` � •i` T � T T 'F` � /f` � T �f` T � •P T �F` �F A� •F •h •P P T •F` T •P T �h Inflow Hydrograph: D:\LANDFILL\FREE10 .HYD Rating Table file: D:\LANDFILL\FREEDET .PND ----INITIAL CONDITIONS ---- Elevation = 763.00 ft Outflow = 0.00 cfs Storage = 0.00 ac-ft INTERMEDIATE ROUTING GIVEN FOND DATA -------------------------- COMPUTATIONS :ELEVATION: OUTFLOW ; STORAGE_ ; 2S/ t ; 2S/ t + i s ; (ft) ; (cfs) ; (ac-ft) ; ; (cfs) (cfs) ; '---------'---------- 1 '----------' i '-------------°-------------' 763.00 ; 0.0 ; 0 . i 00 : ; 0.0 ; 0.0 ; ' 763.25 ; i 0.2 0.001: ; 1.0 1.2 ; 763.50 ; 0.5 ; ! . 006 : : 8.1 3.6 ; 3 r 1 1 763.75 0.9 1 r; 1 2' 25.2 ' ' 764.00 00 ' 1 i 1.2 2 ' 0 . 034 ; i 1 49 ._L , 1 -- 50.8 1 764.25 1.4 0 n057: 82.8 84.2 764.50 ; 1.6 C] ; 0 . �_� 84 : 1 121.3 ; 122.9 ' 764.75 5.9 ; 0.114; ; 165.5 ; 171.4 :LS0r' 1 i 765.00 7 1 p: 1 215.7 229.4 1 ' 765.25 ' 1 23.7 ; 0. 187: i 2:"2. 1 { 295.6 , ' 765.50 15.5 0.231: 334.8 370.3 765.75 ; -------------------------------- 48.9 0. 278 : ; 404.1 453.0 ; ime increment (i-) = 0.017 hrs. POND-2 Version: 5.16 B/N: 1295160225 EXECUTED: 03-04-1992 07: :15 TEN YEAR Ford File: D:\LANDFILL\FREEDET .PND Inflow Hydrograph: D:\LANDFILL`.FREE10 .HYD Outflow Hydrograph: D:\LANDFILL\.FREE100 .HYD INFLOW HYDROGRAPH TIME INFLOW ; Mrs) ; (cfs) ; { 1 0,000 ; i 0. 0(): 0.017 1.48; 0.033 ; 2.16, 0.067 ; 4.321 0.083 ; 5. :9; 0.100 ; 5.39; f1.117 5.39; 0.150 ; 5..=9; 1 0, 167 . V r 5. :39 _ r 0.183 5.39; 0.200 , LL . 3 9 i 0.217 5.39: 0.233 ; 5 . _ 9 : 0.250 4. =2; 0.267 _ . 24 ; 0.283 2. 16 , 0.300 1 . 08: ----------------- Page Return Freq : 10 years ROUTING COMPUTATIONS ' I1+I2 ; 2SJt - 0 2S/t + 0 ; OUTFLOW ;ELEVATION; (cfs) ; (cfs) ; (cfs) ; (cfs) ; (ft) ; '---------'------------ { '----------- 1 . '---------- 1 '--------- I ' , 1 1 0.0 0.0' 0.00 763.00 ' 1.. 1 ; 0.7 ; 1 . 1 i o.18 ; 763.22 ; 3.2 ; 3.3 4.0 : 0.31 ; 763.34 ; 1 5 1 { 8.7: 0.50'763.50 ' 7.6 ; 14.0 ; 1 5 , ' ; 0.66 66 ; 60 ; 763.60 9.7 ; 22.0 ; 23. 7 ; r 1. 86 ; 763.73 ; ' 10.8 30.8 32 7 : 0.99 763.B2 ' ' 10.8 39.4 " 1 . 5 ; 1.09 763.91 1 { 10.8 ' 47.8 1 50+ 1 1.19 1 763.99 10.B 56.0 ; 58 . 5 ; 1.25 ; 764.06 ; 1 10.B 1 64.2 66.01 1.30 1 76412 1 { 10.8 { 1 { 1.34 , JV1 ' 10.B 80.3 CST i 39 � ' 764.24 { 10.B { 88.2 91.0 1.44 , 764.29 , i 10.8 96.1 99.0i 1.48 1 { 764.35 ' 9.7 102.7 ' 105.8' 1.51 ' 764.39 ' 7.6 6 ; 107.2 ; 110. _ ; 1.53 764.42 { { i c i 109.5 1 t 2 L I 1.55 ' 764.43 ' 3.2 109.7 11 2 8: 1.55 { 764.43{ -._-_-_._.....-._.-......_ 1.1 107.7 .................._......-'-----.__._._... _. 1 0 . 8 ' t 1.54 ,764.42 '-'--..- _. ' ... FOND--2 Version: 5.16 SIN: 1295160225 Page 1 EXECUTED: 03•-0 --1992 07: -. :00 100 YEAR Return Freq: 100 years W•L*W+�i �Ir J�(�(WW W�4 �iW W�+W W W W�W��iWW�i I�i �i Ili �i��iW W W W W WW T T T T T T T T T T T T T T T T T T T T T T T T FREETON TOWNHOUSE DEVELOPMENT DETENTION FOND ROUTING CALCULATION m T Inflow Hydrograph: D:;LANDFILL\FREE100 .HYD Rating Table file: D:\LANDFILL;FREEDET .PND ----INITIAL CONDITIONS ---- Elevation = 763.00 ft Outflow - 0.00 Cfs Storage = 0.00 ac-fit INTERMEDIATE ROUTING GIVEN FOND DATA COMPUTATIONS -------------------------- :ELEVATION: OUTFLOW STORAGE 2S ' t 2S ; t + i : ' (ft) .,CfS; i (aC-f _) t t r,--. tt=f=. 1 '-----•--.-.- --------- 1 i , ----•----•-----' , '--------------- , `---•---------------•1 , i 763.25 ; 0.2 0.001 ; 1.0 ; 1.2 ; ' 763.50 50 ! i i � 7 . i ` 1 t_� . { it 6 1 ` 1 8.1 1 1 t 1 6 ` 8.6 , ' 763.75 i 0.9 0.017: 24.3 25.2 ; t 764.00 1 1.2 t 0.034 : 49.6 , 50.8 ' t 764.25 ' 1.4 .0571 0.0571 , 82 p 1 1 84 764.50 1.6 O. OB 1 121.3 122.9 764.75 5.9 0. 1 1 4: 165.5 171.4 � 765.00 . 00 t i 1f 13.7 1 0.1491 , 215.7 i+-+- , 229 . 4 1 t 765.25 ; 23.7 1 01 871 1 272.1 72.1 1 295 S 1 765.50 15.5 t_) . 231 : 334.8 ; 370.3 ; i 65 . 75 4Q . F0� 0 . i 8 t 1 404 . 1 � 45.3 . 0 , Tine increment (_) = 0.017 hrs. •_.11 1.l _ Version: 5.16 S ! ! S. l.J _ +- Fond File: D:\LANDFILL\FREEDET .FND Inflow Hydrograph; D;;.LANDFILL\FREE100 .HYD Outflow Hydrograph: D;\LANDFILL`,FREE100O.HYD INFLOW HYDROGRAPH ------------------- TIME ; INFLOW ; Mrs) ; (cfs) ; { i i i t).0c) ) ; 0.001, ().017 1.36; 0.033 ; 2 . 72 ; 0.050 4.08, 0.067 5.44; 1 0.083 i 6 v 80 1 i 0.117 1 8" I 0.133 6.80: 0.150 , 6• 80 i 0.167 6 . 80 ; 0.217 6..80; i 0.233 1 L•80: V 0.250 ; L_v 80: V 0.267 i _28-_ ; 0.283 6 u 80 , 0.300 6 . 80 t '_'.--- 4. _8' 1 i 0.350 ' - c 1 0.367 •„ L. I ----------------- Page 2 Return Fr e_3 ; 100 years ROUTING COMPUTATIONS 1 I1+I2 2S/t - 0 2S/t + 0 OUTFLOW :ELEVATION: (cfs) ; (cfs) ; (cfs) ; (cfs) (ft) ; --------- I ----------------------- I i i --------- 1 1 i ' 1.4 i 0.9 1 .4 ; 0.21 ; 763.25 ; 4.1 4.3 5.0; 0.35 ; 763.38 ; ' L . 1 - .0 1.0 i 10 i 11.11 0.56 1 763.54 i 9 1 18 1 19 1 0.76 763.66 r ' 12.2 28 30. ^' 0.96 763.80 ' 1 3 L , _ _ t_� ' 39 7 , _ ' 41 . 9' , _ _ 1. 1 0 ' , 763.91 i , '13.6 ' 50.9 ' 53. " 1.21 764.02 ' ' 13.6 61.9 64.5' 1..28 764.10 ' 13.6 ' 72.8 ' 75. 5' 1,.35 }764.18 ' 13.6 83.6 86.4 , 1.41 ; 764.2E I .). �_ - , u � 1 , 94.3 i 2 1 , f v , � .L w I , 764.33 13.6 ; 104.8 ; 07 . 9 ; 1.52 ; 764.40 1.3.6 1.15.3 118.4, 1.58 , 764.47 1 L 1.�'w.._ 1 124._ 1 28 9 i �,.___w /, _w1=' i i i 7L 1 !V4.5= , L , 132.3 3. I 1 .3O y 1 2.96 1 764.58 i 13.6 i 138.6 r 145.91 3.64 ' 764.62 12.2 r 150.5 1 160.7 4.92 764_69 I ' C , i 1-' O. i 1 7.0: 4 , 764.68 + 4.1 143.5 1 5 i 8 I 4.17 1 764.65 '1.4 ^ , ------------------------------------------------------- ' 8 , 113 -J^ a , 1 44. 9 • 3.55 , 764.61 , Freeton Townhouse Development Stormwater Management Plan Detention Pond Outflow Summary for 2, 10, & 100 Year Storms 104 gilbert w. clifford & associates, inc. POND-2 -Version: 5. 16 S /N : .95160225 Page i. EXECUTED: t ).?_.0 -1992 07 : t )4:3 'TWA, YEAR Return Fred: ^ years r. 1 T r _ r _ -r .• _ s � 4 1� 1 yTTT TTTT+'1•ry.TTTI`T T TTTTTT'I"F 1`T •F�TTT'F •1`TTT T(`T�` yT .F '7• FREETON TOWNHOUSE DEVELOPMENT � T DETENTION FOND ROUTING CALCULATION TT T T•f TF� T'F M T •f•T� F• T TT•T T •i` T •F R•Th l"TT 1`1"I` •P��T'1` �� a t ►v a W**TT 7 T F RTTT F SUMMARY OF ROUTING COMPUTATIONS TTTTTTTTT t TA TT T T T T T T Fond File: D:\LANDFILL`•.FREEDET .PND Inflow Hydrograph: D:\LANDFILL\FREE^ .HYD Outflow Hydrograph: D:`.LANDFILL\FREE20 .HYD Starting Pond W.S. Elevation - 763.00 1 + T T T * Summary of Peak Outflow and 1 '_ Peak Elevation •T T* T T Peak inflow = 4.1 cf= Peak Outflow = 1.35 cfs Peak Elevation = 764.19 f f. TT T/f•T Summary of Approximate Peak r•. Storage m*T *T Initial Storage Peas: Storage From Storm _ Total Storage in Pond 0.00 ac-ft 0.05 ac-f t -------------- 0.05 a.c-- ft POND-2 Version: 5.16 S/N: 1295160225 Page 1 EXECUTED: 03-04-1992 07:04:33 TEN YEAR Return Freq: 10 years **************************************** * * * FREETON TOWNHOUSE DEVELOPMENT * * DETENTION POND ROUTING CALCULATION * **************************************** ****************** SUMMARY OF ROUTING COMPUTATIONS ****************** Pond File: D:\LANDFILL\FREEDET .PND Inflow Hydrograph: D:\LANDFILL\FREE10 .HYD Outflow Hydrograph: D:\LANDFILL\FREE10O .HYD Starting Pond W.S. Elevation = 763.00 ft ***** Summary of Peak Outflow and Peak Elevation ***** Peak Inflow = 5.39 cfs Peak Outflow = 1.55 cfs Peak Elevation = 764.43 ft ***** Summary of Approximate Peak Storage ***** Initial Storage = 0.00 ac-ft Peak Storage From Storm = 0.08 ac-ft ---------------- Total Storage in Pond = 0.08 ac-ft JIA - SHLLi NUMBER 47 47 i POND-2 Version: 5.16 S/N: 1295160225 Page J. EXECUTED: 03-04-1992 07:04:34 100 YEAR Return Freq: 100 years **************************************** * * * FREETON TOWNHOUSE DEVELOPMENT * * DETENTION POND ROUTING CALCULATION * * * * * * * **************************************** ****************** SUMMARY OF ROUTING COMPUTATIONS ****************** Pond File: D:\LANDFILL\FREEDET .PND Inflow Hydrograph: D:\LANDFILL\FREE100 .HYD Outflow Hydrograph: D:\LANDFILL\FREE100O.HYD Starting Pond W.S. Elevation = 763.00 ft ***** Summary of Peak Outflow and Peak Elevation ***** Peak Inflow = 6.80 cfs Peak Outflow = 4.92 cfs Peak Elevation = 764.69 ft ***** Summary of Approximate Peak Storage ***** Initial Storage = 0.00 ac-ft Peak Storage From Storm = 0.11 ------------------ ac-ft Total Storage in Pond = 0.11 ac-ft G.W.CLIFFORD & ASSOCIATES, INC. LETTER OF TRANSMITTAL 200 N.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 PRESENT DATE JOB NO. 703-667-2139 April 23, 1992 TO: Frederick County Planning & ATTENTION Wayne Miller Development reeton 9 North Loudoun Street Winchester, Virginia 22601 WE ARE SENDING YOU X❑ ATTACHED r7 UNDER SEPARATE VIA THE FOLLOWING ITEMS ❑ HAND DELIVERED CHANGE ORDER SAMPLES SPECIFICATIONS SHOP DRAWINGS Fx� PRINTS PLANS X❑ OTHER COPY OF LETTER COPIES DATE DESCRIPTION 3 Freeton Subdivision 1 Agency Comments 1 Application Fee 1 Application ARE TRANSMITTED FOR APPROVAL FOR YOUR USE AS REQUESTED r7 APPROVED/SUBMITTED APPROVED/AS NOTED RETURN/CORRECTIONS Li FOR REVIEW or COMMENT FOR BIDS DUE ------------ 19___ REMARKS COPY TO: RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS LOAN PRINT/RETURN RETURN/WITH SIGNATURES SIGNED Thomas W. Price REV. 2.0 APR f Subdivision #004-92 FREETON �l 4/27/92 ��rtiOpequon Dist.