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HomeMy WebLinkAbout04-92 Freeton Subdivision - Backfilet HARRISON 6 JOHNSTON ATTORNIYB AT LAW WINCNT9T[R, VIRGINIA 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 A now appears on the aforesaid attached Final. Plat, is with the free consent and in accordance with the desires of �9� HARRISON 6 JOHNSTON ATTORN[YS AT LAW MINCN[STM 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 L JOHNSTON ATTORNEYS AT LAW •INCHESTER. 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 C JOHNSTON ATTORNEY! AT LARD WINCNESTER, VINOINIA 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 II and special assessments, together with such interest thereon and -4- HARRISON 6 JOHNSTON ATTOIIN[T11 AT LAW WINCN[lTC1, 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- HARRISON t JOHNSTON ATTOON[YO AT LAW OINCHISM. 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 CM. HARRISON 6 JOHNSTON ATTORNEY$ AT LAW •INCHESTp, VINOINIA 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 ATTORNIYR AT LA• •INCH MER. VIRGINIA 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 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. 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, -9- provided that no HARRISON i JOHNSTON ATTORN[YR AT LAW WINCNLSTER. 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 ATTDRNFY! AT LAW WINCH[!T[N. VINCINIA 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- HARRISON 6 JOHNSTON ATTOANTYS AT LAW Y/INCNTST[N. 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 6 JOHNSTON ATTORNEYS AT LAW WINCN[ST[S. VISOINIA 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 WINONElTER. 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 property to its original condition as near as practical. The -14- HARRIS13N d JOHNSTON ATTORNEYS AT LAW WINCHESTER. 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- HARRISON L JOHNSTON ATTORNTYR AT LAW WINCH[!T[R. 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 ATTONN[TR AT lAW WINCHESTER. 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 By ( SEAL) %Jam�-L_ . Bowman, Presi STATE OF VIRGINIA, AT LARGE, CITY/eeUNIPY- OF Q , 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 cefnLe �/, l99io �-+ otary Public -17- FINAL PLAT FREETON OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA QuarryE I Green Hil ``.:y / +� ,. _ " `• • C r r: ♦ ' �� 7P SUE St phe Ci}�r'y'; �, IN7E ;� •, �,!�i% a '° -- Ada G—� �,. /VICINITY MAP PR VE BY Frederick Co. Sanitation Authority Date Planning Commission - 10, Dated - 6 Subdivision Administrator Date 7= — y Va. Dept. of Transportation /y /S Date _Ah/3 ci2 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 of the undersigns ers, proprietors, and trustees, if aff. LLj 4L All property owners in Freetox are require ' belong to the Frerfox 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 1Freeton 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 �I H 0� Douglas C. gge, C.L.S. 'A 2. D L,�AS DATE: Au ust 6, 1992 COVER SHEET Sheet 1 of 4 z o CERTIFICATE 0. — 9 BIG�gZ D gilbert w. clifford & associates, inc. C Tu [ED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg. Virginia 22401 Winchester, Virginia 22501 (703) 398-2115 (703) 667-2139 N/F O \�� �O BOO 90 West Virginia Baking Co.. Inc. �J� O, %P j-1 .`�s y���O�O yO�tC 17 0,�? 661k oDa 1P,�F� `s o`�s tJ -w 4 •40'3 t, � / '' � Space d QZ . a rn IL I N 734'43 W_ 89.34' L 20' sen. I N204 1 C O So— Ea^ It16. 04 o Lot 4 / 17 �2.936 Sq. Ft. I e to i 2 b I100.00, O Lot 3 e c N/FCN 10 2 000 Sq. Ft. VFW _ N V to Lot 2 0 a 3) LQ N 12,aao Sq. Ft. C) a _ �I� N Open Space N I Lot 1 OO N 0L] . \ �' z�•'` t tV OM 3.000 Sq. Ft. O CIO so eu r� 2 S 27-.34'43 Off.' IN 20' Watr Ea 't � Open Space IN S 29'07'47" E 255.24' Q 25' Strip O ^ to be dedicated to 0.270Acres t" uj 5 County of Frederick N VA. ROUTE 641 for future road widening S 29 07'47" E 255.92' 30' PRESCRIP TI VE R/W Nlr \ N/F Joni 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. Each end lot is additionally subject to a 8' Open Space/Ingress— NOTE: MINIMUM SETBACK Egress Easement along the non—partywall side property line. REQUIREMENT = 20' PSTH QF l 9 FREETO ,p o CERTIFICATE DATE: August 6, 1992 SCALE: 1 "=40' Sheet 2 of 4 v �1 970. gilbert w. Clifford & associates, inc. CER�>'IFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg. Virginia 22401 Winchester. Virginia 22601 (703) 898-2115 (703) 667-2139 N/F 5 Yam Open Space \ � \Z N/F Josbo. /am I$/ .' t\� 10 46. ..F<. 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—partywoll side property line. H �F o CERTIFICATE NO. �. v AF 1I D LAND SURVEYOR _ i N/F Miami 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. FREETON DATE: August 6, 1992 SCALE: 1"=40' Sheet 3 of 4 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C aide Creenwich Drive 200 North Cameron Street Fredericksburg. Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 NIr Wi!!i°ms 1 Z � � N � 0 eet of al Open Space 4.� See Lot 12 �00 �0 00 ?� \\�` g / k �'- v' OO, 1PP :5 t• O °o / 0. F z a0 1L0 \�� 00\ �3 0 77.1t^ •OQ. �• a/ 7� u a O 43 Open Space 0 255.24' S 29 07'47" E S 28 5726" E 209.11' N/r rigney 0.2705 Acres \ to be dedicated to V! County of Frederick 255.92' VA. ROUTE 641 for future road widenin S 29 07'47" E \ - 30' PRESCRIPTIVE R/W _ _ S 285726" E 222.53' N/F \ N� ✓osbo, Inc. 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. Each end lot is additionally subject to a 8' Open Space/Ingress— Egress Easement along the non—partywall side property line. o CERTIFICATE u Z CERTIFIED LAND _ SURVEYOR FRAEAE TON DDATE: August 6, 1992 I SCALE: 1"=40' 91 I \ Avery NOTE: MINIMUM SETBACK REQUIREMENT = 20' Sheet 4 of 4 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C aide Greenwich Orive 200 North Cameron Street Fredericksburg, Virginia 22401 Winchester. Virginia 22601 (703) 898-2115 (703) 667-2139 FINAL PLAT FREET ON OPEQUON MAGISTERIAL DISTRICT FREDERICK COON FY, VIRGINIA . } - 0� 7 /i � •� ` � ! ILL, C� \ •�;`\ • '11 v Green Miff r(�i; Cern • SITE �. I E Ham. S phe%'s C i} y ,�� ltvr G� , 78 /WI Z YTY MAP n \ //% : • � , e a .. SCALEA *=200a PR VE BY Frederick Co. Sanitation Authority Date , 0_/Q -9� Planning Commission - Date / Subdivision Administrator Date — y Va. Dept. of Transportation4jr.//, /.g D c t e VIS 42 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 of the :ndersigneq-vwQers, proprietors, and •trustees, if y. All property owners in IFrecton are require ' belong to the Frecton 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 Freston 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 LAS z DATE: August 6, 1992 COVER SHEET Sheet 1 of 4 o CERTIFICATE 0. g U 11� D gilbert w. clifford & associates, inc. CE TIF [[ED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 'Mnchester• Virginia 22601 (703) 898-2115 (703) 667-2139 N/F a. West Vlrginio Bokinq Co.. lne Q fix/ ��� 6 y ,yQF� �� �s o`r6,, \ C� •w 5 g / •. F 2.7 Qo QO en Space (_ N_7'34'43 W_ 89.34' I o t E„; t I N216 04 E C� o Lot 4 I2.936 Sq. Ft, a ap `r b 1100.00, 7D�\ o Lot 3 < �' N/F N 2.000 Sq. Ft. 'p \ VFW _ N V. I Lot 2 p t" 3� N 12.000 Sq. Ft. NI b h Open Space N I Lot 1 0o N N rn 3.000 sq. Ft. 6I �0 �a 30. BUFFER MI Z S 27'34 "43 0=, N 20'ylatr En"'t 00 Open Space I — — I N S 29'07'47" E 255.24' � 25' Strip O N to be dedicated to u'i 0.2705 Acres u' County of Frederick N VA. ROUTE 641 for future road widening S 29 07'47" E 255.92 • 30 ` PRESCRIP TI VE R/W N11r \ N/F Joni Company Coin Each lot is 'subject to a 10' Parking, Sidewalk, Ingress —Egress & Utility Easement along the front property line and a 10' Open Spoce/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—partywail side property line. REQUIREMENT = 20' Zl"PST H QF FRE—VTONA Wpyf z DATE: Au ust 6, 1992 SCALE: 1"=40' Sheet2 of 4 . �• ggilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C 01de Greenwich Drive 200 North Cameron Street Fredericksburg. Virginia 22401 Winchester. Virginia 22601 (703) 898-2115 (703) 667-2139 N/F �1 j Josbo, lnG �t ,�oo 6gno- INN � 6 Z P Me �Spo, \9C J '1_ NOTE: MINIMUM SETBACK REQUIREMENT = 20' N/r Yam i5 Open Space Z Np N/F N `Ira �l \dS \X N / \ N N- 0 a+ \ z �l 00 o 5 3� to `O\ r- o 565a}2 �y\F oo` v / /�r NIF l / 11100,ti. ` O p. 00 \ rgney E Q O 9p a+ l3\_ /\ yti 2 o tigoo\� �00 Lo 1 Q S1'aat 4 a `San 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. o CERTIFICATE ' 1197 AOF LAND _ SURVEYOR_ 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. FREErr7.1.ON SCALE: 1"=40' 1 Sheet 3 of 4 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C 01de Greenwich Orive 200 North Cameron Street Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 NIr i Wi!lioms 2 � O N. 'O 3 of ai O' Open Space �. Sre`t (Sad t'z 0 00 p 2 ^ \c / g o\ a ao 51�aN- oo.�0� t A N A -t 00. �o �_ c�0 L° O\c�o\ NO ae >. O .LOB O °o z� e�0 T'gnsy e '-a '7 /\O L° s4 00. \ dF �o L°t� Q�• 0. r 0 00 s9, Open Space \ 7 A7C Vt p \ 255.24' S 29 07'47" E S 28 57'26" E \ 209.11' 0.2705 Acres 25' Strip It-3 to be dedicated to u= County of Frederick 255.92' VA. ROUTE 641 for future road widening S 29'07'47" E \ 30' PRESCRIP TI VE R/W S 2827 26 "' E 22253' \ N/r N� Cain ✓asbo, 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—partywall side property line. REQUIREMENT = 20' """�J DATE: August 6, 1992 SCALE: 1"=40' Sheet 4 of 4 o CERTIFICATE —• g U Z D gilbert w. Clifford & associates, inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND I O—C Olds Greenwich Drive 200 North Comeron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 Irkl�l!'1'(1N '�1111111 V 1'.IIIN /11114 '1,' RUE5 FAVORITE FILE POCKET l�kcgaftbo No. 72 Size 9112 x 14314 (No. 1516C)