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HomeMy WebLinkAbout01-96 Fredericktowne Estates, Sections 12 and 13 Opequon - Backfile* STAFF SUBDIVISION CHECKLIST * SUBMISSION PACKAGE 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT V Sanitation Authority Inspections Department Fire Marshal _z One copy of the subdivision application 15 copies of the plan on a single sheet One reproducible copy of the plan (if required) A 35mm. slide of the plan DATES STAFF TRACKING City of Winchester Health Department Parks & Recreation County Engineer Application received. p o� Fee paid. (amount $_Th Q�. ) iInfo entered in dBase (upon submittal) (after approval) 3 ZD Subdivision heard by Planning Commission. Action taken (MDP# if applicable )ff Subdivision heard by Board of Supervisors. Action taken Preliminary approval letter to applicant/agent ``- Preliminary approval letter to applicant Final plat submitted with review agency signatures and; S deed of dedication bond estimate $ Plat signed by Planning Director -qhY Plat signed by Subdivision Administrator Date `�. `•. i 9CASH RECEIPT Received From Address Dollars $ For ACCOUNT HOW PAID AMT OF ACCOUNT - .. CASH AMT. PAID CHECK BALANCE MONEY DUE ORDER BY s ' to s--;"F-q` - GE` h if 30 Judi a&ea� !ter✓ /W"-ff �zo�iJ .fie � - ,tea ?: '' 0 3 0 2 MAL PLAT 1Fmldeffnwma Opequon Magisterial District Frederick Count , Virginia 1 Steph (fi ,City >� '0.a= . I Radio _ ROJECT •) (8M 7 11', i •� '� •�� �� Facility, �,.... 4 �..� • r. AREA i ,: �:; - i �� j.�•� . -• _ 1 � Aso 1. r. i • •. CY m !;'►'•;, .va : o Vicinity Map INTE H Scala 1'-2000' 00—A, AP R Frederick County Sanitation Authority Date Planning Commission _ Date -1 Subdivision Administrator Date Va. Dept. of Transportation Date OWNER'S CERTIFICATE The above and foregoin bdivision of the land of Top of Virginia Development Corporation, as appears a accompanying plats, is with the free copse t and in occordanc with the es' s of the undersigned owners, proprietors, and ust s, if any. ,. Da to NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that y,12_B• i--6c- �. i PAY whose names are signed to the foregoing Owner's Certificate, have acknowledged the some before me in my state. Given under my hand this:21-ttL-%_ day of 1996. My commission expires �¢��>� Tf _ ` zy SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 772 at page 1423. D P. Duane Brown, C.S. The propert represented herein is shown on Frederick County Tax Map 75((A) as a portion of Parcel 72. DATE: FEBRUARY 20,1996 COVER SHEET FILE#: 5076:"PL12-1.DWG" gilbert w. ciifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 1 <150—C Olde Greenwich Drive 200 North Comeron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22801 8 (540) 898-2715 (540) 687-2139 BX 8 5 9 P5, 0303 Curve Ta bl e CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 575.00' 26.83' 13.42' 26.83' 2 715.00' 233.76' 117.93' 232.72' N 43'44'5 W 18 43'54" 3 35.00' 54.98' 35.00' 49.50' S OSr06'4 E 90'0010 4 740.00' 47.64' 23.83' 47.63' S 51.16'0 E 03'41 11 sr 5 740.00' 91.07' 45.59' 91.01, S 45'53'55 E OT03'05 6 740.00' 76.77' 38.42' 76.73' S 39.24'04 E 05'56'3 7 740.00' 26.45' 13.23' 26.45' S 35*24'19 E 0202'5 8 35.00' 54.98' 35.00' 49.50'901001007 9 690.00' 130.10' 65.25' 129.91' N 4 '1 10 690.00' 95.48' 47.82' 95.40' '41' 11 35.00' 54.98' 35.00' 49.50' '90-00-OT 12 25.00' 21.03' 11.18' 20.41' N 7 • 1 ' 13 50.00' 60.14' 34.31 ' 56.58' 1 ' ' 14 50.00' 42.44' 22.60' 41.18' 4' ' 15 50.00, 43.20' 23.05' 41.87' 4 7" 16 50.00' 42.53' 22.65' 41.26' N W 4 17 50.00' 1 52.88' 29.22' 50.45' 4 ' 1" 18 25.00' 1 21.03' 11.18' 20.41' W Kip 19 35.00' 54.98' 35.00' 49.50' N 7 The Frederick County Inspections Department will require Grading Site Plans showing the lowest floor elevation required for Lots 231, 232, 236, 237 and 244 at the time of permit application. The Frederick County Public Works Department will require Detailed Site Plans for the following lots: 230, 231, 232, 243 and 244. These Detailed Site Plans shall include the exact location of the house, finished exterior grades, finished floor elevations and basement floor elevations, entrance culvert design, location of foundation drains and all easements. Additionally, any Basement Levels constructed on lots 230 through 235 shall be constructed above the minimum elevations indicated on the construction drawings, which are on file at the Frederick County Public Works Department. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Area Summary Area in Lots 6.0391 Acres Area in R/W 1.3767 Acres TOTAL AREA SUBDIVIDED Z4158 Acres Number of Lots 19 Average Lot Size 13,845 Sq. Ft. Open Space Easement Provided (This Section) 0.6933 Acres Total Open Space Easement Required to Date 15.1624 Acres Total Open Space Easement Provided to Date 16.7599 Acres EVS77NG ZONING. RP EXISTING USE. VACANT • Denotes iron rod to be set on property line All lots are single family detached - traditional 35' from right-of-way line. MINIMUM SETBACK REQUIREMENTS All lots are subject to a 20' Slope & Drainage Easement FRONT = 35' along all rights -of -way and a 10' Utility & Drainage SIDE = 10' Easement along all property lines. REAR = 25' Tx of G I u-efeIPIlchowme Mgftt o) P. DUANE oecLIl®Im a2 aBROWN DATE: FEBRUARY 20, 1996 CURVE TABLE FILE#: 5076: "PL12-1.OWG" NO. 1285 gilbert w. Clifford & associates, inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS C q�b SURVE�&L 150-C Olds Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 8 (540) 898-2115 (540) 667-2139 H8z)9r O304 0 0 1 � N I 1n W W N 53.06'47'E 227.01-' FUTURE DEVELOPMENT 30.00' 30.00' ^ EX. ZONING: RP — EX. USE: VACANT N S 53'06'47' E 145.00' 0 0 r` 04 APPOMATTOX DRIVE N53'06'47'W 65.00' 50' R/W 0 I U_ o ;- W (� I N cn W W I CN t I 229 1 1 1o 0 M 00 I 11,600 5r- I o 00 z W + » " Y z W O (C) I 228 I p) LL. a O a Z 00 110 00 ( 11,600 5F oa I 0 "' �0NQ �' z 2 1 � � 0] O X OV p W a W W � � I♦. z li l M 1 221 I c- � 0 O I 11,600 5F O I 00( M z 100 1 » • Denotes iron rod to be set on property line 35 from I right—of—way line. 1 �� p O MINIMUM SETBACK REQUIREMENTS FRONT = 35' 100 I 11,600 5F I 6 SIDE _ ,o' REAR - 25' SEE SHEET 2 OF 8 FOR CURVE TABLE. 30.00' 30.00' 145.00' EXISTING N 53-06'47" W 300.13' WARRIOR DRIVE EXISTING FREDERICKTOWNE ESTATES —SECTION 5 60' R/W IX. ZONING: RP — EX. USE SINGLE FAMILY RESIDENTIAL LOT 118 All lots are single family detached — traditional. �TH OF All lots are subject to a 20' Slope & Drainage Easement along all rights —of -way Gf anjd�a 10'�Ujtility and Drainage Easement along all property lines. ¶ �j P. DUANE 11' II�C�lS11C�II�Il�.1til owme Eatzll.ez�' Sectoua R2, V7�d/ BROWN DATE: FEBRUARY 20, 1996 SCALE 1" = 50' FILE#: 5076: "PL12-3.OWG" NO. 1285 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C Olds Greenwich Olive 200 North Cameron Street 3 4ti0 SURVE�O� Fredericksburg. Virginia 22401 Winchester. Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 8 .2 SEE SHEET 6 OF 8 e Denotes iron rod to be set 7 on property line 35' from right—of—way line. ,� 34.22,5.......... 236 3w , C� 31 Ic IC o"z' j,�,,we N53'06'4i'W 60 O /'�, / pl 1 p. — EN N 20, ral on ge Es e `(uxY rn mt.I Draina g .� � p Esm't. n N rn �� l� l 19,1815F �w v16,897 I I z/ ^ I � I b,8915� � I s2 Ln 00 (4' 6g7 SF) z .... ^ . �,SF) j- z (12,221 F)— (5.59 7 SF N ........ jo ... ....oPEN sPa�E I (4,676 SF) o I 36• ,896'S4�`;... � ... 0, .EASEACRT 20' 693,3 ES ... W ..... O Ex. 20' 261.,38.. 114 a3' . . SAN. SEWER FX• F� I �— ... -- `. ESM'T. LoT REOE?/(:* N 44'43'32' .95.13'. �22 ,' OWNE EST�r\�` W _ N 53.06'47' W i 20NlNG. ES I — SECTION 5 i COT 121 RP ; _ EX, USE: SINGLE FAMILY RESIDENTIAL I MINIMUM SETBACK REQUIREMENTS FRONT = 35' SIDE 10' REAR 25' SEE SHEET 2 OF 8 FOR CURVE TABLE. P. DUANE O nn BROWN NO. 1285 SUR • LOT 120 LOT 119 001 2 N ILo zo t3 M z I� 30.00. 300.13, Z � 3 o � W E 'o Cx I All lots are single family detached — traditional. All lots are subject to a 20' Slooe & Drainaae Easement alona all rights —of —way L1 and a 10' Utility and Drainage Easement along all property lines. '� rr rrnn.r.nv n 1 rn .,r _ ens rn r DMiC rCcrtii'.rt i G<7, i yii I .�4�'•l.G i" — .�,� rii ra .i„in i-i_i_—•«iwi„ 1 gilbert w. clifford & associates, inc. I ENCINEERS — LAND PLANNERS — SURVEYORS rT _ I nw-een-wi-h .Ore wv Nkwth Curnercx0 $umk Freaencksburg. Virginia 22401 fncnester. 'Viralnw 22601 i (540) 898-211:� 0 _> >u i00 (544)j oc%-21�y I SEE SHEETI8 OF 8 � FSEEEET 6 OF 8 p - --i lz� W h Z 48. 9' 170.04' �o N34 22'53"W • Denotes iron rod to be set on property line 35' from right—of—way line. i 238 23-7 218.83' Is Appomat ox Drive ti 502 R/IY 82.37' — r — — : 49.24' I I I �, -----� r-- Q Z FI- Wz >"Qi o 10000 M m 15,715 5r o I w r7 � I X I vl 14,865 5F �_ Z W a 2 Z w I I I of I w W a (8,740 SF) En n...... N7 0 0 .....(5,915 SF) :.: w ...... ��0 4� `'Mn I (i� I u i� 4 to �, z ,� .....................- w F o z ^ ........ 9 z 10,787 SF N S 23 SF�) ( ) ..•.•.•...•.... o . ..... ................ o NIx .................. ^ (4,076 SF).-.•.•.•.•. _ n. ,� z +� OPEN SPACE.... .............. W Do in I I: .'--.':EASEMENT � oM ... ................. o ............... ................ .. 6933 2ACACRES ......... . ..o Z ............'.......... ........... �........................... . .....76.01'..... .............. N 35'22'58" W N 36'20'16' W 261.38' _ LOT 140 EXISTINGDERICKTOWNE ESTATES — SECTION 6 EXISTING MINIMUM SETBACK REQUIREMENTS EX.ZONING: RP EX. 20. FREDERICKTOWNE 1 SAN. SEWER ESTATES FRONT = 35' EX. USE: SINGLE FAMILY RESIDENTIAL SIDE 10' LOT 141 LOT 142 ESM'T. SECTION 5 REAR 25' EX. ZONING: RP SEE SHEET 2 OF 8 FOR CURVE TABLE. EX.USE: SINGLE FAMILY RESIDENTIAL All lots are single family detached — traditional. LOT 122 �'ix OF All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way yr anjd�a 10'�Ujtility and Drainage Easement along , all property lines. �j P. DUANE Ll' IPeLU eu-no(�1.l�l�owme 11:daolLZ�.teo �' BC�edorm ad nBROWN a DATE: FEBRUARY 20, 1996 SCALE : 1" = 50' FILE#: 5076: "PL12-5.DWG" NO. 1285 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C Dide Greenwich Drive 200 North Cameron Street 5ric <qNQ SURVE�O� Fredek3burg, Virginia 22401 Wlncheater. Virginia 22601 OF (540) 898-2115 0 25 so 100 (540) 667-2139 8 � i 'QF •�� � s3o �c9�r tir s� F sy F� s 3 0^� 3 , / re, \ �01, s� MINIMUM SETBACK REQUIREMENTS FRONT - �' J�� SIDE 1035, °GO 1 REAR SEE SHEET 2 OF 8FOR. CURVE TABLE. �e /O S • Denotes iron rod to be set S on property line 35' from right—of—way line. 2 C tk �• ��- all \ �05r. 'TIi OF y P. DUANE BROWN 40 NO. 1285 k, NQ SURvJs -Mc h ('• 0• 0 20' FS\� :N11,7 00 1n All lots are single family detached — traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility and Drainage Easement along all property lines. R-edeff-ac howme Eo�mteo a Oecdoim R2 DATE: FEBRUARY 20, 1996 SCALE 1" 50' FILE#: 5076: "PL12-6.DWG" gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C Olds Greenwich Drive 200 North Cameron Street 6 Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 3 FUTURE DEVELOPMENT EX. ZONING: RP - EX. USE: VACANT S 54'49' 15" E 308.00' Z 155.00' 60.00' N N� 2.41 2-42 Io,�00 sF L Co ` 6 18,037 co 14 �— 1 Q\. S 55'06 18 E _ 142.50 W N Y . N 1 13,657 ;� � I I %t 192.9' O/ �0 / V seE s/{Ecr s of 8 �i 19 N x W MINIMUM SETBACK REQUIREMENTS , S53'06'47' E FRONT = 35' SIDE - 10' 227.01' -OMq n 1 REAR = 25' 0 SEE SHEET 2 OF 8 FOR CURVE TABLE. X N,38 �9 R/fie S0, Denotes iron rod to be set 2 22 1 /� on property line 35' from 18 8353, i'N 0'04' /W right—of—way line. All lots are single family detached — traditional. G,,OO�L All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way anjd�a 10',�Ujtility and DDrrainage Easemjenntt allo}n,.,g, all property lin,,e�,s,..J_C' �eC� emocJ.d� owme !L'ds�l�C�l��s� Bl�lS. floor liDATE: FEBRUARY 20. 1996 SCALE 1" = 50' FILE#: 5076:"PL12-7.DWG" gilbert w. Clifford & associates. inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C aide Greenwich Drive 200 North Cameron Street 7 Fredsridcztwrg. Virginia 22401 Winchester. Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 8 FUTURE DEVELOPMENT DK 8 5 9 PG 0 30 9 Ex. ZONING: RP — EX. USE: VACANT S 5449' 15" E _ 308.00' 93.00' N N o; —7 a' h' 241 2\ 11,642 T oJ °'- \ 70, 11,025 T a �8 F M'Q9iti 14 w > w 8? I o O� / F ' °� 906w 18 IV 0 N 2 10,093 5f / ^co/ / o ra = to �o 4.0 W to N34• �, rr� MINIMUM SETTBBAJCKaR30UIREMENTS Z W 0 APpOMA� —J 1 1 \ SIDE = 10' REAR = 25' On v N 48 79, �R"•t SEE SHEET 2 OF 8 FOR CURVE TABLE. W J N3-J ~ Denotes Iron rod to be set 6 t? � R • � O 218 4? 233'• 1 0.04S0, �' on property line 35' from 83, right—of—way line. All lots are single family detached — traditional. TH OF D All lots are subject to a 20' Slope & Drainage Easement along oil rights —of —way j anTd�a 1,0, Utility and Drainage Easement along all property Mines. �} � P. DUANE �, 1C iredC�IPD(�l�lli owme lEssk9 a li edn'01M R2 BROWN V y0� SRO a DATE:FEBRUARY 20, 19961 SCALE : 1" a 50' 1 FILE/: 5076: "PL12-8.DWG" NO. 1285 gBbert w. cliflord & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150-C Olds Crew wkh Drive 200 Na lh Corneren Street 8 C4NQ S! IRVE�o rrederlck*twq, Vkglnle 22401 Winchester, Vlrglnla 22601 OF (540) 696-2115 a 25 5a 100 (540) 667-2139 8 VIRWHIA: FREDERICK COUWTY, SCT. this instrument of i i g was produced to e n the _ /�dsY wit lgMcna&lw."ent o� =0 18 h ccrti ,,te of t1weto annexed was admitted to record. CLERK M59PGO296 THIS DEED OF DEDICATION, made and dated this _ _ day of April, 1996, by and between TOP OF VIRGINIA DEVELOPMENT CORPORATION, a Virginia corporation, party of the first part, and FREDERICK COUNTY, VIRGINIA, party of the second part. WHEREAS, the party of the first part is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated February 20, 1996, known as Fredericktowne Estates, Section 12; WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That in consideration of the premises and the benefits which will accrue by reason of this dedication, the party of the first part does hereby subdivide that certain tract of land designated as Fredericktowne Estates, Section 12, situate in Opeyuon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated February 20, 1996, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, Ino sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. BK 8 5-:s PG 0 2 9 7 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided elsewhere herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in ar unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted tc remain in a damaged condition for longer than three months. 8. No single story dwelling shall be erected upon said lot shown on the attached plats which shall contain less than 1,500 square feet of finished floor area. No multiple story dwelling shall contain less than 800 square feet of ground floor area. All residential structures facing a street must be at least 26 feet wide. Such areas shall be exclusive of porches, patios, car ports, basements, and attics. Any garage, carport or car shelter constructed on said lots shall be attached to and be a part of the main structure. Top of Virginia Development Corporation reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. 9. No lot on the attached plats shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Top of Virginia Development Corporation, however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats BK8_.9PG0298 and to alter, amend and change any lot lines or subdivision plan so long as it owns any of said lots; except that no provision for open space easements may be amended without the approval of Frederick County. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only, but may not enclose any parts of the open space easements, as set forth below. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Fredericktowne Estates Section 12, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. No vehicles or other equipment mentioned above may be parked or placed on the open space easements, as set forth below, at any time. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. 12. No exterior antennas or satellite dishes shall be erected or placed on any lot or attached to any dwelling. 13. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements o►► any lot by Top of Virginia Development Corporation or its successors in interest, commencing within two years from the date of submission of said lot to these restrictive covenants. 14. Any lease or rental agreement must be for a period of at least thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 15. All lots are required to observe building restriction lines as indicated on the plats attached hereto, in addition to those applicable requirements of applicable Frederick County ordinances. 16. Top of Virginia Development Corporation reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, (restrictions, and conditions upon any other lots. Top of 'Virginia Development Corporation does further reserve the right DK859PG0299 for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 17. Any Fredericktowne Estates, Section 12, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 18. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. OTHER MATTERS 1. The property dedicated hereby is subject to those certain easements designated "Open Space Easement" on the aforesaid attached plats. Top of Virginia Development Corporation does hereby grant and convey unto Frederick County perpetual easements over those portions of Lots 230, 231, 232, 233, 234, and 235, Fredericktowne Estates, Section 12, as shown on the attached plats, and hereby imposes the following additional restrictive covenant on the use of said easements, which covenant runs with the land, and shall be binding upon all parties having any right, title and interest in and to the affected lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner in Fredericktowne Estates Section 12. (Said easements remain subject to all other restrictions and covenants set forth above.) The owners of Lots 230, 231, 232, 233, 234, and 235, Fredericktowne Estates, Section 12 shall each be responsible for maintaining that portion of the open space easements on their lot or lots. Frederick County representatives may enter the affected properties from time to time for the purpose of inspection and enforcement of the terms of this easement after permission from or reasonable notice to the owner. In the event that any lot owner(s) shall fail to maintain his or her portion of the open space easement in reasonable order and condition, Frederick County may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. Nothing herein shall be construed to convey to the public a right of access or use of the open spaces. The parties of the first part, for themselves and their successors and assigns, including the owner or owners of any lot or lots in Fredericktowne Estates, Section 12, hereby retain exclusive right to such access and use, except as set forth above. 2. The property dedicated hereby is subject to certain easements designated "San. Sewer Easement" on said attached plats, which easements are hereby dedicated for public use and access. Top of Virginia Development Corporation does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as "San. Sewer Easement". BK859PG0300 3. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Top of Virginia Development Corporation does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. Top of Virginia Development Corporation does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said plats. 4. Top of Virginia Development Corporation reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along a strip 10 feet along the front and rear boundary lines and a strip 5 feet along the side boundary lines of each lot and along those areas intender] for public access on the attached plats and over the open space easements as needed. In addition, there shall be service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Top of Virginia Development Corporation, sole owner and proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Top of Virginia Development Corporation: BK859PG030I [SEAL] STATE OF VIRGIN CITY OF WINCHESTER, to -wit: Acknowledged before me this �` day of " , 1996, by David B. Holliday, who is President of Top of Virginia Development Corporation, a Virginia corporation, on behalf of the corporation. 1 NOTARY PUBLIC OR THE STA19 OF VIRGINIA My commission expires: ��/¢iQC1y ���_( 2/ K FINAL PLAT Fredeiricktowme Opequon Magisterial District Frederick County, Virginia { Stephefi� Oit •�; Radio U — ROJECT -IBM ` I . s! ' n Facility. • � S. , ; • :. •: o AREA 'Of WT 740 hart• r: •t `• . • • Vicinity Map 1 INTE Scde 1'-2000' APPRO D B Frederick County Sanitation Authority Date 7091 Commission Date Subdivision Administrator�1 Date Va. Dept. of Transportation 1' Date ER'S CERTIFICATE The above and foregoingbdivision of the land of Top of Virginia Development Corporation, as appears i e accompanying plats, is with the free consent and in accorda a with the d ' s of the undersigned owners, proprietors, and tr tee if any. Date • NOTARY PUBLIC l,. a Notary Public in and for the State of Virginia, at large, do certify that . Q44i= a 116�9tGIT4--1 whose names are signed to the foregoing Owner's Certificate, have acknowledged the some before me in my state. Given under my hand this day of _&24-y 1996. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 772 at page 1423. TH OF P. Duane Brown, L.S. �� y r�G1 The property represented herein is shown on Frederick County P. DUANE Tax Map 75((A)) as a portion of Parcel 72. O BROWN > DATE: FEBRUARY 21, 1996 COVER SHEET FILE#: 5076: "PL13-1.DWG" NO. 1285 gilbert w. clifford & associates, inc. z ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 9 �p SUR %t�150—C Olde Greenwich Drive 200 North Cameron Street )C ti Fredericksburg. Virginia 22401 Winchester, Virginia 22601 J (540) 898-2115 (540) 667-2139 Bi{859PG0313 Curve Ta bl e CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 220.00' 100.98' 51.40' 100.10' N 00' 13' 22" W 26' 18'00" 2 575.00' 26.83' 13.42' 26.83' S 33'02'40" E 02'40'25" 3 600.00' 156.07' 78.48' 155.63' N 2655'46" W 14 54'13" 4 245.00' 26.11' 13.06' 26.09' 1 N 16'25'31" W 06'06'18' 5 575.00' 97.69' 48.96' 97.57' N ' ' W •44' 6 575.00' 25.05' 12.53' 25.04' N 0'4 ' ' W '45" 7 220.00' 124.43' 63.93' 122.77' N 6' 1" W 4' 17" 8 270.00' 28.77' 14.40' 28.76' S 16' 1" E 06*06'16' 9 625.00' 71.68' 35.88' 71.64' S 2Z45'48-06*34'16' 10 625.00' 71.68' 35.88' 71.64' '05" E 06'34' 17' 11 625.00' 19.21' 9.61' 19.21'S 33-30-03- E 0 1'4 '40" The Frederick County Inspections Department will require Grading Site Plans showing the lowest floor elevation required for Lots 245, 254 and 255 at the time of permit application. The Frederick County Public Works Department will require Detailed Site Plans for the following lots: 245 246, 254 and 255. These Detailed Site Plans shall include the exact location of the house, finished exterior grades, finished floor elevations and basement floor elevations, entrance culvert design, location of foundation drains and all easements. Additionally, any Basement Levels constructed on lots 250 through 255 shall be constructed above the minimum elevations indicated on the construction drawings, which are on file at the Frederick County Public Works Department. No buildings. structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Area Summary Area in Lots 34318 Acres Area in R/W 0.5020 Acres TOTAL AREA SUBDIVIDED 3 9338 Acres Number of Lots 11 Average Lot Size 13,590 Sq. Ft. Open Space Easement Provided (This Section) 0.6188 Acres Total Open Space Easement Required to Date 15.7525 Acres Total Open Space Easement Provided to Date 17.3787 Acres EXIS77NG ZONING. RP EXISTING USE. VACANT • Denotes iron rod to be set on property line All lots are single family detached - traditional 35' from right-of-way line. MINIMUM SETBACK REQUIREMENTS All lots are subject to a 20' Slope & Drainage Easement FRONT = 35' along all rights -of -way and a 10' Utility & Drainage SIDE = 10' Easement along all property lines. REAR 25' ,�'TH of y �II'@'Q�C�IPIlchowme Eoftteo �'� 1 P. DUANE gecatoim n3 BROWN �" V�O��� Y DATE: FEBRUARY 21, 1996 CURVE TABLE FILE#: 5076: "PL13-l.DWG", NO. 1285 gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET ��O SUR`�E�O 150-C 01de Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 5 (540) 898-2115 (540) 667-2139 BK8591 8 O 4N7�' ' O q J N � 1LO I I w �N rn 0 I Z rn WN' (n I q 100, InA to N 7 SEE SHEET 4 OF 5 :"' MINIMUM SETBACK REQUIREMENTS 00' :� m FRONT = ' e a �- sloE - 10' �* "� REAR. = 25' N 70'31'20" E 103.54' SEE SHEET 2 OF 5 FOR CURVE TABLE. ' ZqB CA -Q� I ^ 10,392 5P s kN 70'31'20" E _. _ 159.56' � G� G �' \ ' 00 247 ° ��, 2000 �N 70'31'20 '. N a? 0. 6 I_ _ N 68*01'36' E /261 78' �s --. 117.28' S 68'01'36" W 144.50' F 10' DRAINAGE W ESM'T. 2,45 � N 5 I 10,115 5� ( % ° 00 s� Pis In ZNE �'4 C- ���,TH OF y P. DUANE' O BROWN NO. 1285 SURVEY OE A E FRE �oN �S 110.59 . , W OSEO SEC r EX. 20' S 58 17•�2 PROP-`ON�NG RP Denotes i line o rod to be set �X. right—of—way Tine. All lots are single family detached — traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility and Drainage Easement along all property lines. 1FU-(Bdl(LbTn0C (3DWM(B 7,0�MtW) &CtIMM DATE: FEBRUARY 21, 1996 1 SCALE : 1" = 50' FILE#: 5076: "PL13-3.DWG" gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C Olds Greenwich Drive 200 North Cameron Street 3 Fredericksburg. Virginia 22401 Winchester. Virginia 22601 OF (540) aga-2115 0 25 50 100 (540) 667-21.39 5 8 X 8 5 90 P G0�;9 FUTURE DEVELOPMENT S 04 40'58" E EX. ZONING: RP 65.48' Ln EX USE: VACANT 5 SEE SHEET 3 OF LA N \ ` 249 2 � c�,► ZOg g2' - R 7 g 2a' 40 w 2 ' 50 — — Fx. �qEtLn ttox�vA 5�MAT OT X App�''2a �3.toR/Wo o W t �NN �� �, W � W m o \ Zp w Lin 3'. yb9 \ SFi. . ...... rn cr 1 �� 0�SFi .::.:.:::.......rn :: w w SF) 4,� 65 car ........... g 219 . CE o m S�)..:.:.:.... N SPP�..::.:.. o MINIMUM SETBACK REQUIREMENTS oc� 0 618a :8=0-,r 353 12' FRONT - SIDE = 10' cA .� .'........., W REAR = 25' ......:. g0.0� .�.:... .... 19 02 01 ... SEE SHEET 2 OF 5 FOR CURVE TABLE. 4 2 r 11 4,�49 g W ZAGS SEC110N T _ ES `Oj Denotes iron rod to be set EX EDEX1Ci0t41t4G'- RE510EN�A` o9ht—oproperty way line. 5' from SAN.2SEWER SECo ON6$ EX USE; 51NGLE FAMILY ESM'T. L 1 All lots are single family detached - traditional. TH OF All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way Lf� and a 10' Utility and Drainage Easement along all property lines. P. DUANE O BROWN " DATE: FEBRUARY 21, 1996 SCALE : 1 = 50 FILE#: 5076: "PL13-4.OWG" NO. 1285 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150-C Olds Greenwich Drive 200 North Cameran Street 4 �qNO SURV�,(OL Fredericksburg, Virginia 22401 ono ester. Virginia 22601 nF (540) 898-2115 25 50 (540) 667-2139 I 5 1 SEE SHEET 4 OF 5 Denotes iron rod to be set _J2�I on property line 35' from N 70'31'20" E 71.73' right—of—way Tine. (50.00') % � 21_73 N...'.W.'.'w. � _� °Q z tw oo00:' � IC 14,3815F Goo WQQ I EX. 20' .. ... SAN. SEWER I ESM'T. S 70' 18'26" W 172.38' (50.00') ..... — — .....in :: I 3 N........•._. N M Lam/ 3 ( q �I^ °'...'.....:. �r 14,198 T -J N ....'.'.'.'.'.'.'.'..'.'.. 1 S 63 5TO W _ — 78.37' 127.99 tL :'' .. 2574 I o 0p .. ' ' ' ':':' .. aV IC-4 � .......... r15,308 T �. ........ `f _0 I 195.31, S 57'22'41' W 43.87, 1 (g1.44��:. 20' OrOE A. 10 T 0 255 LA 15,214 T _ O, Z ry � Ma a r 0 � N TH OF 1 P. DUANE� Vow n BROWN NO. 1285 }t SURVEY� 3.49' W S 553-7 PROPOSED f 5 MINIMUM SETBACK REQUIREMENTS FRONT = 35' SIDE = 10' REAR = 25' 1 EX. ZONING' Kr SEE SHEET 2 OF 5 All lots are single family detached -traditional. FOR CURVE TABLE. All lots are subject to a 20' Slope do Drainage Easement along all rights -of -way and a IV Utility and Drainage Easement along all property lines. R-ede nefdowme IEgamaea a Sccan®IM R3 DATE: FEBRUARY 21, 1996 1 SCALE : 1" - 50' 1 FILE/: 5076: "PL13-5.DWG" gilbert w. clifford do associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150-C Olds Greenwich Onus 200 North Cameron Street 5 Fredericksburg, Virginia 22401 Wlnehestw. Virginia 22601 OF (w) 696-2115 a 25 50 10o (510) 667-2139 5 VIRGINIA: FREDERICK COUNTY, SCT. This Instrument of writing was produced to me on the _ ' y OUDAJI 19 t �eallrilh certil rstte of acknowledgment thereto annexed was admitted to rwoor��d. AW, CLERK OK859PG0310 THIS DEED OF DEDICATION, made and dated this day of April, 1996, by and between TOP OF VIRGINIA DEVELOPMENT CORPORATION, a Virginia corporation, party of the first part, and FREDERICR COUNTY, VIRGINIA, party of the second part. WHEREAS, the party of the first part is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated February 21, 1996, known as Fredericktowne Estates, Section 13; WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That in consideration of the premises and the benefits which will accrue by reason of this dedication, the party of the first part does hereby subdivide that certain tract of land designated as Fredericktowne Estates, Section 13, situate in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated February 21, 1996, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. BK859PG0-311 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided elsewhere herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition for longer than three months. 8. No single story dwelling shall be erected upon said lot shown on the attached plats which shall contain less than 1,500 square feet of finished floor area. No multiple story dwelling shall contain less than 800 square feet of ground floor area. All residential structures facing a street must be at least 26 feet wide. Such areas shall be exclusive of porches, patios, car ports, basements, and attics. Any garage, carport or car shelter constructed on said lots shall be attached to and be a part of the main structure. Top of Virginia Development Corporation reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. 9. No lot on the attached plats shall at any Lime be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Top of Virginia Development Corporation, however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats BK859PG0312 and to alter, amend and change any lot lines or subdivision plan so long as it owns any of said lots; except that no provision for open space easements may be amended without the approval of Frederick County. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only, but may not enclose any parts of the open space easements, as set forth below. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Fredericktowne Estates Section 13, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on Lite attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. No vehicles or other equipment mentioned above may be parked or placed on Lite open space easements, as set forth below, at any time. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. 12. No exterior antennas or satellite dishes shall be erected or placed on any lot or attached to any dwelling. 13. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements on any lot by Top of Virginia Development Corporation or its successors in interest, commencing within two years from the date of submission of said lot to these restrictive covenants. 14. Any lease or rental agreement must be for a period of at least thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 15. All lots are required to observe building restriction lines as indicated on the plats attached hereto, in addition to those applicable requirements of applicable Frederick County ordinances. 16. Top of Virginia Development Corporation reserves Lite right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the provisions concerning open space easements without Lite permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Top of Virginia Development Corporation does further reserve the right BK859FG0313 for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 17. Any Fredericktowne Estates, Section 13, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 18. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. OTHER MATTERS 1. The property dedicated hereby is subject to those certain easements designated "Open Space Easement" on the aforesaid attached plats. Top of Virginia Development. Corporation does hereby grant and convey unto Frederick County perpetual easements over those portions of Lots 250, 251, 252, 253, 254, and 255 Fredericktowne Estates, Section 13, as shown on the attached plats, and hereby imposes the following additional restrictive covenant on the use of said easements, which covenant runs with the land, and shall be binding upon all parties having any right, title and interest in and to the affected lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner in Fredericktowne Estates Section 13. (Said easements remain subject to all other restrictions and covenants set forth above.) The owner(s) of Lots 250, 251, 252, 253, 254, and 255 Fredericktowne Estates, Section 13 shall each be responsible for maintaining that portion of the open space easements on their lot or lots. Frederick County representatives may enter the affected properties from time to time for the purpose of inspection and enforcement of the terms of this easement after permission from or reasonable notice to the owner. In the event that any lot owner(s) shall fail to maintain his or her portion of the open space easement in reasonable order and condition, Frederick County may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. Nothing herein shall be construed to convey to the public a right of access or use of the open spaces. The parties of the first part, for themselves and their successors and assigns, including the owner or owners of any lot or lots in Fredericktowne Estates, Section 13, hereby retain exclusive right to such access and use, except as set forth above. 2. The property dedicated hereby is subject to certain easements designated "San. Sewer Easement" on said attached plats, which easements are hereby dedicated for public use and access. Top of Virginia Development Corporation does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as "San. Sewer Easement". BK859FG0314 3. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Top of Virginia Development Corporation does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. Top of Virginia Development Corporation does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said plats. 4. Top of Virginia Development Corporation reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along a strip 10 feet along the front and rear boundary lines and a strip 5 feet along the side boundary lines of each lot and along those areas intended for public access on the attached plats and over the open space easements as needed. In addition, there shall be service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Top of Virginia Development Corporation, sole owner land proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Top of Virginia Development Corporation: BK859PG0315 [SEAL] STATE OF VIRGIN V CITY OF WINCHESTER, to -wit: ,�[ V AU Acknowledged before me this day of ,4�rri/, 1996, by David B. Holliday, who is President of Top of Virginia Development Corporation, a Virginia corporation, on behalf of the corporation. W. W�� IAAJ-&,,, - NOTARY PUBLIC FOR THE STATE OF VIRGINIA My commission expires: FILE COPY COUNTY of FREDERICK Department of Planning and Development SW 66S-5651 FAX: 540/678-0682 May 29, 1996 G.W. Clifford Associates, Inc. Attn: Mr. Duane Brown 200 North Cameron Street Winchester, Virginia 22601 RE: SUBDIVISION #001-96 OF FREDERICKTOWNE ESTATES, SECTIONS 12 & 13 Dear Mr. Brown: This letter is to confirm that on May 28, 1996, the subdivision for FredericktowneEstates, Sections 12 and 13, was administratively approved. If you have any questions regarding the approval of this subdivision, please feel flee to call this office. Sincerely, W. W yne Miller Zoning Administrator WWMIcg cc: Top of Virginia Development Corporation 107 North Kent Street - Winchester, Virginia 22601.5000 PC REVIEW: 3/20/96 Subdivision Application #001-96 Fredericktowne Estates, Sections 12 & 13 LOCATION: This property is located east of Stephens City; northeast of Fredericktowne Estates - Section 5-8; southeast of Fredericktowne Estates - Section 11. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: A portion of the parcel identified with PIN 75-A-72 PROPERTY ZONING & PRESENT USE: RP (Residential Performance); Land Use: Vacant ADJOINING PROPERTY ZONING & USE. RA (Rural Areas) and RP (Residential Performance); Land Use: Residential and Vacant. SUBDIVISION SPECIFICS: Subdivision of an 11.3496-acre tract into 30 lots. REVIEW AGENCY COMMENTS: Department of Transportation: See attached letter dated 2-12-96 from R.B. Childress. Sanitation Authority: First review - correct and resubmit - three items. Inspections: Building shall comply with Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA National Building Code/1993. Grading site plan required showing lowest floor elevation required on Lot #231, 232, 236, 237, i242, 244, 245, 246, 254 and 255 at the time of permit application. Fire Marshal: Approved by Fire Marshal's office; access for emergency vehicles must be maintained at all times. Parks & Recreation: Plan appears to meet open space requirements. County Engineer: See attached letter from H.E. Strawsnyder, Jr. dated 3-1-96. Fredericktowne Estates Subdivision #001-96 Page 2 Planning and Zoning: This proposed subdivision is in compliance with the approved master plan. Staff concurs with the comments of the Building Official and the County Engineer requiring individual lot site plans showing grading and lowest floor elevations on certain lots. Most of the other review agency comments initially submitted by the review agencies have been corrected. Comments on page 2 of 8 of the plats will need to be corrected to reflect the additional lots on which individual site plans are required. There having been problems in the past with the open space easement restriction, request the plats reflect the fact that no building is allowed in the open space easement. STAFF RECOMMENDATION: This request as presented meets the requirements of the subdivision and zoning ordinances and, therefore, approval is recommended. The approval should contain the condition that all review agency comments must be complied with prior to final administrative approval. 1 � f COMMONWEALTH EAL.TH of VIRQINIA DEPARTMENT OF TRANSMRTATtoN 14031 OLD VALLEY PIKE DAVID R. WAR PO.8QX 278 C000ASS"lit - EDINBk"i 22924-0218 February 12, 1996 Mr. P. Duane Brown, C.L.S. CIO G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 rYa.LI M 0.. INUGHIS^ R L Tft t saw FAX 15" 964-OW Ref Fredericktowne Estates Se ions XII & Xal Frederick County Dear Duane: As requested, we have reviewed the above re%renced site plan dated October 23, 1995. Our commis may be found on the enclosed ph= nwked in red and as follows: 1. To meet current minimum pavement damp standards, the typical section ofWarrior. Road will need to be upgraded to provide a minimum 2" of Type SM-2A asphalt concrete. 2. Site distance at the proposed intersections will need to be: provided. 3. To remain consistent with prevviously°approved sections of this 1"opment, the proposed dross culverts will need to be reinforced concrete pipe: 4. Culvert No. 3 will need to be WWI as noted. 5. A standard D1-12b drop inlet {Lg4') will need to be provided at Cults No. 1, & 2 on the southwest side of Appomattox Drive or swales will need to be constructed over the pipe to carry the side ditch flows. 6. Additional drainage easements will need to be provided as shown. 7. If grade allows, than saaitary sewer main between Manhole Nos. 85 & 86 should be shifted to the southwest side of Appomattox Drive. This would allow for the entire watermain to remain on the opposite side of the street. Please revise and rat four copies for final approval. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. If you have any questions concerning the above comments, please give me a call Sincerely,19 Robert B. Childress Permits/Subd. Spec. Supervisor RBCIrf Enclosure xc: Mr. T. L. Jackson, Mr. S. A. Melnikoff, Mr. R. W. Watkins, Mr. ,Tolle Whitacre TRANSPORTATION FOR THE 21 ST CENTURY Surely, Harvey E. Strawsnyder, Jr., P.E. Dhvctor of Public Work HES:rls 4567 cc: Planning and Zoning file 107 North Kent Street WWdiester,, VinVoia 22"1 / 2cy .�116L Oo- sto APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: Feb. 22, 1996 Application #: Fee Paid Applicant/Agent: Gilbert W. Clifford & Associates, Inc. ••• - 11 V• t .m- .t St et Phone: _W1 ** I Owners name:•• nf VirginiaDevelopment Ca p• •n Address: P.O.:•, 2715 Please list names of all owners, principals, and/or majority stockholders: Contact person: P.Duane Brown Phone: (540) 667-2139 Name of Subdivision: Fredericktowne Estates, Sections 12 &13 Number of Lots: 30 Total Acreage: 11,3496 Acres Property Location: East of Stephens City: NE of Fredericktowne Estates - Sec. 5-8. SE of Fredericktowne Estates - Sec. 11 (Give State Rt.#, name, distance and direction from intersection) Magisterial District: opeguon Property Identification Number (PIN): Part of 75-A-72 • y �d h'FL.e 1996 AFA Property zoning and present use: RP zonina and Vacant use Adjoining property zoning and use: RP and RA zonina and Vacant Has a master Development Plan been submitted for this project? Yes XX No If yes, has the final MDP been approved by the Board of Supervisors? Yes XX No What was the MDP title? Fredericktowne Estates Does the plat contain any changes from the approved MDP? Yes If yes, specify what changes. N/A Minimum Lot Size (smallest lot): 10,000 sauare feet Number and types of housing units in this development: Number: 30 Types: 30 sinale family detached Comment sheets and plans delivered on October 31, 1995 to: VDOT FCSA Fire Marshal County Engineer Inspections Parks and Recreation Lord Fairfax Soil & Water Schools FEES: Base Fee $1,000.00 10 Lots @ $90.00 $900.00 20 Lots @ $45.00 5900.00 Total $2,800.00 f COMMONWEALTH OF VIRGINIA OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 05128i96 TIME: 15:30.41 ACCOUNT: 069CLR960O04174 RECEIPT: 96000006378 CASHIER: NHS REG: WN17 TYPE: DOD PAYMENT: FULL PAYMENT INSTRUMENT : 960004174 HOOK: 859 PAGE: 296 RECORDED: 05/28/96 AT 15:29 GRANTOR NAME : TOP OF VIRGINIA DEVELOPMENT EX: N LOCALITY: CO GRANTEE NAME : FREDERICK COUNTY VIRGINIA EX: N PERCENT: 100% AND ADDRESS RECEIVED OF : TOP OF VA DEV CORP CHECK : $57.00 DESCRIPTION 1: OP DIST 2: CONSIDERATION: .00 ASSUMEiVAI: .00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 30.00 145 VSLF 1.00 TENDERED 57.00 . AMOUNT PAID: 31.00 CHANGE ANT 26.00 OC•18 (7195) CLERK OF COURT: GEORGE 8. WHITACRE Y•• 90 3 0 Z FINAL PLAT 1 Findeu ncIk owme Opequon Magisterial District Frederick County, Virginia 1Steph (fi ICity. : j�• ' o:= 1 �. Radio ROJECT -IBM 7 iI Facility, \\. 'So ,,; . o AREA 740 174 reeii1111 .�n i .•1�1; • •`.: f'' �. 2 i "' . 't„ .' �'7 : L' ' • Vicinity Map o r •. •• ;, / I I NTE H GE • •� : Scale: 1'=2000 �Qo AP R V Frederick County Sanitation Authority Date Planning Commission _ Date Subdivision Administrator A2L.. Date Va. Dept. of Transportation -- - Date — OWNER'S CERTIFICATE The above and foregoin bdivision of the land of Top of Virginia Development Corporation, as appears a accompanying plats, is with the free consent and in accordanc with the s" s of the undersigned owners, proprietors, and ust s, if any. , Do to NOTARY PUBLIC 1, efy�1 LwI2Q a Notary Public in and for the State of Virginia, at large, do certify that Z'jyop c�•_ 4=_S=( whose Homes are signed to the foregoing Owner's Certificate, have acknowledged the some before me in my state. Given under my hand this ` day of ---BfIfi'`% ------ 1996. My commission expires WY Ai-dc_* —?J— t--t 5� ---• . SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is a portion of the land conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 772 at page 1423. D P. Duane Brown, L.S. The propert represented herein is shown on Frederick County Tax Map 75((A)) as a portion of Parcel 72. DATE: FEBRUARY 20, 1996 COVER SHEET FILE#: 5076:"PL12-1.DWG" Ngilbert w. clifford & associates, Inc.ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 1 q�O150—C Olds Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 8 (540) 898-2115 (540) 667-2139 BX859► s0303 4 740.00' 47.64' 23.83' 47.53' S 51' 16' 08- E 03'41 ' 19- 5 740.00' 91.07' 45.59' 91.01, S 45'53'55 E 07'03'05" 6 740.00' 76.77' 38.42' 76.73' S 39'24'04 E 05756'37" 7 740.00' 26.45' 13.23' 26.45' S 35'24' 19" E 02702'53" 8 35.00' 54.98' 35.00' 49.50' S 81*53113"0 ' 9 690.00' 130.10, 65.25' 129.91' N 47'4 ' 1" W 194 '1 " 10 690.00' 1 95.48' 47.82' 95.40' N '4 W '41" 11 1 35.00' 1 54.98' 1 35.00' 1 49.50' 1 N 10'37'07" F 9o'Oo'00" �;, 1 14 1 50.00' 1 42.44' 1 22.60' 1 41.18' 1 N 10'34'36" F I 48'38' 12" I 16 50.00' 42.53' 22.65' 41.26' N 7' W I 4 4 ' 17 50.00' 52.88' 29.22' 50.45' S 37*43'40" W 1" 18 25.00' 21.03' 1 11.18' 1 20.41' 1 S 31' W 48'11' " 19 1 35.00' 1 54.98' 1 35.00' 1 49.50' 1 N 79'22'53" W 9a'ownrY, The Frederick County Inspections Department will require Grading Site Plans showing the lowest floor elevation required for Lots 231, 232, 236, 237 and 244 at the time of permit application. The Frederick County Public Works Department will require Detailed Site Plans for the following lots: 230, 231, 232, 243 and 244. These Detailed Site Plans shall include the exact location of the house, finished exterior grades, finished floor elevations and basement floor elevations, entrance culvert design, location of foundation drains and all easements. Additionally, any Basement Levels constructed on lots 230 through 235 shall be constructed above the minimum elevations indicated on the construction drawings, which are on file at the Frederick County Public Works Department. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Area Summary Area in Lots 6.0391 Acres Area in R/W 1.3767 Acres TOTAL AREA SUBDIVIDED Z 4158 Acres Number of Lots 19 Average Lot Size 13,845 Sq. Ft. Open Space Easement Provided (This Section) a6933 Acres Total Open Space Easement Required to Date 15.1624 Acres Total Open Space Easement Provided to Date 16.7599 Acres EXISTING ZONING., RP EXISTING USE. VACANT • Denotes iron rod to be set on property line All lots are single family detached - traditional 35' from right-of-way line. MINIMUM SETBACK REQUIREMENTS All lots are subject to a 20' Slope & Drainage Easement FRONT = 35' along all rights -of -way and a 10' Utility & Drainage SIDE = 10' Easement along all property lines. REAR = 25' U1285 sec�dolm nb DATE: FEBRUARY 20, 1996 CURVE TABLE FILE#: 5076:"PL12-1.DWG"gilbert w. clifford & associates, inc.ENGINEERS - LAND PLANNERS - SURVEYORSSHEET 150-C 01de Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 8 (540) 898-2115 (540) 687-2139 Hbi9PS30304 0 O 1 0 LLLJ N I V) W W U) :;1 30.00' 130.00' l- N FUTURE DEVELOPMENT EX. ZONING: RP - EX. USE: VACANT S 53:06'4i' E 145.00' a t o I 229 t o O 11,600 5F I N 00 APPOMATTOX DRIVE N53'06'4i' W 65.00' 50' R/W N I- Z W » —1 Y Z I of � M J 1 1 0 I 228 I I C� U O O` w 0 �O 0 I 11,600 5F I O 0 0 Z � 0 o Q o m o X U W W 1 \ Z li l Sn UJ P� I 227 I o o a o ( 11,600 5F 0 I I ►� M •N I �� • Denotes iron rod to be set on property line 35 from I I right-of-way line. IOO 226 O MINIMUM SETBACK REQUIREMENTS FRONT = 1000 I 11,600 5F I 00 REAR =125' 30.00' 30.00' EXISTING N WARRIOR DRIVE 60' R/W �.'���,TH OF D ?, 1 - th P. DUANE BROWN NO. 1285 ENO SUR`JE�U� I I SEE SHEET 2 OF 8 FOR CURVE TABLE. 145.00' 06'47" W 300.13' EXISTING FREDERICKTOWNE ESTATES -SECTION 5 EX. ZONING: RP - EX. USE: SINGLE FAMILY RESIDENTIAL LOT 118 All lots are single family detached - traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way and a 10' Utility and Drainage Easement along all property lines. R-ed1e1Pkhowme Eztztw � gedflom U DATE: FEBRUARY 20, 1996 1 SCALE : 1" = 50' FILE#: 5076: "PL12-3.DWG" gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 150-C Olde Greenwich Drive 200 North Cameron Street 3 Fredericksburg. Virginia 22401 Winchester. Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 237 SEE SHEET 6 OF 8 • Denotes iron rod to be set on property line 35' from right-of-way line. - J "34 236 r` eve 6-p R ,%�r N r N53'06'47"W 65.00' -0' ,n N 20' prainoge Es m't. �e /� rn ' �cD I g ��% ^ ^ Drains eL +0) Esm't. r` uj l� l t 19,1815F �W 1 I I z/ ^ _ I � b-� 5� � I <4, 69 _SF) z to I .. ........ ... (14,190 `t SF DO ....... (5,597 Z (12,221 F) SF —� . ............ ).......... 4,676 SF)...... OPEN...... ^ (..... .. " . ...... '...�...........:......' O SPACE.............I._........................ O 1 3 96 54` .:... .... EASEMENT O O 6 20' j 0.693 `8' w 3 ACRES . .. .. _ I `- O �\ O � X. 20 2� 6\8, ........1�&3, to `. SAN. SEWER X' FRfOER� N 44'43, .� ESM'T. coT c T\ 32" 95.13, . . 122 OwNf fST ' w _ N 53'06'47" W_ fk 2pN/NG R SECTION 5 LOT 12, r - EX. USE: SINGLE FAMILY RESIDENTIAL I MINIMUM SETBACK REQUIREMENTS FRONT = 35' SIDE 10' REAR = 25' SEE SHEET 2 OF 8 FOR CURVE TABLE. OF ��^ +�,T H ,r< P. DUANE O BROWN r_n NO. 1285 LOT 120 LOT 119 O 30.00, 0 o M w Iw V) w w 1 in r M EA All lots are single family detached - traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way ilr and a 10' Utility and Drainage Easement along all property lines. - 2il DATE, r cprrt�iARY L(i, i�i�i'� l i�. rLE i = _>0' riLE?} 07i-rl "11rn w0� gilbert w. clifford & associates inc. ENGINEERS - LAND PLANNERS - SURVEYORS 1 - rrT 'SC C d I-e ` Drive jriCL w e enwlc„ 200 North curnerwi Sheet I .. Fredericksburg, Virginia 22401 fncnester. Virginia 22601 i (540) 898-2115 u 2D 50 iuu (544)j 667-2139 I � SEE SHEETl8 OF 8 SEE SHEET 6 OF 8 \ 2�At o� h "I Z 0 48. 9' 170.04' N34 2253" W • Denotes iron rod to be set on property line 35' from right—of—way line. 230 25-7 �+ 218.83' 0 Appomattox Drive 6-0' R�ylr �76_067— — — 82.37' r 49.24' I _I235 a a� o 0000 �I� 3 W 1', lI°i00 Cn I5,io 5r Y � w l o 2 1,. 14,865 5F V w UJ I I (o I ( N w w 0 n _ I (8,740 SF) r`� I� � UL (n Ce ^ M M 0 0 (5,915 SF) :.:w i10.4� I� I I� I N i� .................... 4 to to vWi z ,� ...................... ..... iS,2\NSF) .................. o z ............. a ^..........9 SF .....z (10 787 SF) ....... �...... ..... .................. Of 0)Of N u7 .................. io (4,076 SF)...... o` X Z � ....................... M OPEN SPACE.-.-.. (►�...................... o............... W N •.•.-.-.-EASEMENT'.'.*.'.. o ..................... o ............... r, ...................n. .. •••.••••• I�-:•:0.6933 ACRES...�o ...................... ............... ............ .................... Z ........................... ...................... ............... v ..........----........ 76.01' . . . . 82.42' '••• •••-• .82.42' - .... - . . N 35'22'58" WN 720' 18" W 261.38' LOT 140 EXISTINGf FREDERICKTOWNE ESTATES — SECTION 6 EXISTING MINIMUM SETBACK REQUIREMENTS EX.ZONING: RP I EX. 20' FREOERICKTOWN . SEWER ESTATES FRONT 35' EX. USE: SINGLE FAMILY RESIDENTIAL SAN SIDE = 10' LOT 141 LOT 142 ESM'T. SECTION 5 REAR 25' EX. ZONING: RP SEE SHEET 2 OF 8 FOR CURVE TABLE. EX.USE: SINGLE FAMILY RESIDENTIAL All lots are single family detached - traditional. LOT 122 �TH OF All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way yr and 10'Utility and Drainage Easement along all property lines. P. DUANE jTedenkhowne ntogateo� OecIl®lm b O /� BROWN .-k U DATE: FEBRUARY 20, 1996 SCALE 1" = 50' FILE#: 5076: "PL12-5.DWG" NO. 1285 gilbert w. Clifford & associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 150—C Olds Greenwich Drive 200 North Cameron Street 5 <qN0 SURVE_(OL Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 8 MINIMUM SETBACK REQUIREMENTS �SIDE FRONT 1035, �p �1 p pp G� 1 REAR = 25' SEE SHEET 2 OF 8 FOR. CURVE TABLE. Q� / , s • Denotes iron rod to be set p� 1p SF on property line 35' from 'Ab 2� Fsy right—of—way line. O3 �191� �F � j moo. / \ a �• O /3 � O• p `- RF �0 \ � � \ S S30 F �gcgRp FtiT sF F sy F s 0 33 � / re, \ 1.LTH oF L 1: N�n P. DUANE' BROWN NO. 1285 <v 6• 2p. A�•. 7o• 10 000 20' /�- 0". � g � poi All lots are single family detached — traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility and Drainage Easement along all property lines. DATE: FEBRUARY 20, 1996 1 SCALE : 1" = 50' FILE#: 5076: "PL12-6.DWG" gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C 01de Greenwich Drive 200 North Cameron Street 6 Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 8 FUTURE DEVELOPMENT EX. ZONING: RP — EX. USE: VACANT S 54 49' 15" E 308.00' Z 155.00' 60.0( N N, 2,41 I m, 10,700 5r /lv J 0 \ A I,/ av) 240 � 16 � � 18,037 5� � 0 y \ ( Lin 0 ~ a L / 14L z (n �- 1 \ 0 �'13- S 55*06 18 E _ 142.50 j W N uJ 0 ® 0 1 239 UJ )1 13,6515F _UJ I I `` o N 0 192 I LLJ � 99 238 SE J N / %C)/ SHEET 6 OF 19 � 237 MINIMUM SETBACK REQUIREMENTS FRONT = 35' Ipp SIDE = 10' Oti1'1 7.7.. REAR = 25' 48 k pR�� SEE SHEET 2 OF 8 FOR CURVE TABLE. ^/34. ,91 E ^ S0, Denotes iron rod to be set 2 22• 1 on property line 35' from 1883S3.4V 04' �W right—of—way line. S53'06'47' E 227.01 ' All lots are single family detached — traditional. �TH OF G All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way f and a 10'�jUjtility and Drainage Easement along , all property lines. P. DUANE Jr' IpC�l�1 ell-nochowme Eeolk=�.teo �' sC�C dam n2 Bc�t a DATE:FEBRUARY 20, 1996 SCALE : 1" = 50' FILE#: 5076:"PL12-7.DWG" NO. 1285 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C aide Greenwich Drive 200 North Cameron Street 7 <gNz) SUR �E�&L Fredericksburg, Virginia 220 1 25 50 Winchester, Virginia 22601 39OF (540) 898-2115 ( ) 8 BK 8 591 PG 0 3 p g FUTURE DEVELOPMENT EX. ZONING: RP — EX. USE: VACANT L Q z U W j W W 1n � M O z w W f 2 WWa_ 1n o: S 54'49' 15' E 308.00' 93.00' N N a? � 2A241 \ ti9 16 15 �- ,70, 11,025 5F J \ N O,p � 14 F \ � N � ,o b Z-nn 10,095 5f 49P ' cN P. DUANE O BROWN "'k NO. 1285 SURVC'(-i-F 00 LL- r` W 1n W W 1n W00 _ O W 0 W W W to , MINIMUM SETBACKREQUIREMENTS Z qp ° FRONT 35 P PO4 1 1 — SIDE = 10' O �p REAR = 25' OD J to 48 �91 SEE SHEET 2 OF 8 FOR CURVE TABLE. ti O Csi J N34' .50, Denotes iron rod to be set O 2 22 5 �0RX on property line 35' from , 04' right—of—way line. All lots are single family detached — traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility and Drainage Easement along all property lines. IFTedleHnc'I a(1D`Me IEOUIM a SeCdoun n2 DATE: FEBRUARY 20, 1996 1 SCALE : 1" = 50' FILE#: 5076: "PL12-8.DWG" gilbert w. Clifford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C aide Greenwich Drive 200 North Cameron Street 8 Fredericksburg, Virginia 22401 Winchester. Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 8 VIRGINIA: FREDERICK COU6TY, SCT. this instrumont of y�rifi was produced to e n the _:o�/'d-IY lgvtoy s49 1�ZEt with certifi.-ate. of ackricAv edgment t1wr4to annexed was admitted to record. CLERK BK559PG0296 THIS DEED OF DEDICATION, made and dated this day of April, 1996, by and between TOP OF VIRGINIA DEVELOPMENT CORPORATION, a Virginia corporation, party of the first part, and FREDERICK COUNTY, VIRGINIA, party of the second part. WHEREAS, the party of the first part is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated February 20, 1996, known as Fredericktowne Estates, Section 12; WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That in consideration of the premises and the benefits which will accrue by reason of this dedication, the party of the first part does hereby subdivide that certain tract of land designated as Fredericktowne Estates, Section 12, situate in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated February 20, 1996, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. 61{$�1PG0297 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided elsewhere herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition for longer than three months. 8. No single story dwelling shall be erected upon said lot shown on the attached plats which shall contain less than 1,500 square feet of finished floor area. No multiple story dwelling shall contain less than 800 square feet of ground floor area. All residential structures facing a street must be at least 26 feet wide. Such areas shall be exclusive of porches, patios, car ports, basements, and attics. Any garage, carport or car shelter constructed on said lots shall be attached to and be a part of the main structure. Top of Virginia Development Corporation reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. 9. No lot on the attached plats shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Top of Virginia Development Corporation, however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats BKb PG0298 and to alter, amend and change any lot lines or subdivision plan so long as it owns any of said lots; except that no provision for open space easements may be amended without the approval of Frederick County. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only, but may not enclose any parts of the open space easements, as set forth below. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Fredericktowne Estates Section 12, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. No vehicles or other equipment mentioned above may be parked or placed on the open space easements, as set forth below, at any time. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. 12. No exterior antennas or satellite dishes shall be erected or placed on any lot or attached to any dwelling. 13. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements on any lot by Top of Virginia Development Corporation or its successors in interest, commencing within two years from the date of submission of said lot to these restrictive covenants. 14. Any lease or rental agreement must be for a period of at least thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 15. All lots are required to observe building restriction lines as indicated on the plats attached hereto, in addition to those applicable requirements of applicable Frederick County ordinances. 16. Top of Virginia Development Corporation reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Top of Virginia Development Corporation does further reserve the right M59PG0299 for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 17. Any Fredericktowne Estates, Section 12, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 18. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. OTHER MATTERS 1. The property dedicated hereby is subject to those certain easements designated "Open Space Easement" on the aforesaid attached plats. Top of Virginia Development Corporation does hereby grant and convey unto Frederick County perpetual easements over those portions of Lots 230, 231, 232, 233, 234, and 235, Fredericktowne Estates, Section 12, as shown on the attached plats, and hereby imposes the following additional restrictive covenant on the use of said easements, which covenant runs with the land, and shall be binding upon all parties having any right, title and interest in and to the affected lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner in Fredericktowne Estates Section 12. (Said easements remain subject to all other restrictions and covenants set forth above.) The owners of Lots 230, 231, 232, 233, 234, and 235, Fredericktowne Estates, Section 12 shall each be responsible for maintaining that portion of the open space easements on their lot or lots. Frederick County representatives may enter the affected properties from time to time for the purpose of inspection and enforcement of the terms of this easement after permission from or reasonable notice to the owner. In the event that any lot owner(s) shall fail to maintain his or her portion of the open space easement in reasonable order and condition, Frederick County may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. Nothing herein shall be construed to convey to the public a right of access or use of the open spaces. The parties of the first part, for themselves and their successors and assigns, including the owner or owners of any lot or lots in Fredericktowne Estates, Section 12, hereby retain exclusive right to such access and use, except as set forth above. 2. The property dedicated hereby is subject to certain easements designated "San. Sewer Easement" on said attached plats, which easements are hereby dedicated for public use and access. Top of Virginia Development Corporation does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as "San. Sewer Easement". BK859PG0300 3. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Top of Virginia Development Corporation does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. Top of Virginia Development Corporation does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said plats. 4. Top of Virginia Development Corporation reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along a strip 10 feet along the front and rear boundary lines and a strip 5 feet along the side boundary lines of each lot and along those areas intended for public access on the attached plats and over the open space easements as needed. In addition, there shall be service ,easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Top of Virginia Development Corporation, sole owner and proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Top of Virginia Development Corporation: BK059PGO30I [SEAL] STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 2 day of V4, 1996, by David B. Holliday, who is President of Top of Virginia Development Corporation, a Virginia corporation, on behalf of the corporation. NOTARY PUBLIC /OR THE STAfiE OF VIRGINIA My commission expires: "�3 / 9 9 } € COMMONWEALTH OF VIRGINIA' t R i L J OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 05/28/96 TIME: 15:32:05 ACCOUNT: 069CLR960004175 RECEIPT: 96000006379 CASHIER: NBS RES: WN13 TYPE: DOD PAYMENT: FULL PAYMENT INSTRUMENT : 960004175 BOOK: 859 PAGE: 310 RECORDED: 05/28/96 AT 15:31 GRANTOR NAME TOP OF VIRGINIA DEVELOPMENT EX: N LOCALITY: CO GRANTEE NAME : FREDERICK COUNTY VIRGINIA EX: N PERCENT: 100% AND ADDRESS RECEIVED OF : TOP OF VA DEV CORP CASH : $26.00 DESCRIPTION 1: OP DIST 2: CONSIDERATION: .00 ASSUMENAL: .00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 25.00 145 VSLF 1.00 TENDERED 26.00 AMOUNT PAID: 26.00 CHANGE AMT : .00 DC•18 (7/95) CLERK OF COURT: GEORGE B. WHITACRE FINAL PLAT IF9-ed(B1rad gDWMe SeCdOM 0 Opequon Magisterial District Frederick County, W inia f Stephefi it•' e'; •�; �a Radio — `o ROJECT #1 -IBM .,�.; I . >! Facility, ..• . ; . • •; t.. ` AREA 740 so Q; t -: •°�. �, is •��'•'p :'�r ' a �'i 1•• a Pis 11 ' lab I 1. r .tiQ• Vjll '��R•/ T �•��i � • OF i,rt. V i i •,� ..j,; • • Vicinity Map H 14T Scale: 1"=2000' �q0 APPRO �D B Frederick County Sanitation Authority Date Planning Commission Date Subdivision Administrator Date Va. Dept. of Transportation _ Date ER'S CERTIFICATE The above and foregoin bdivision of the land of Top of Virginia Development Corporation, as appears 1 e accompanying plats, is with the free consent and in accorda ce with the d s of the undersigned owners, proprietors, and tr tee if any. Date • NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that _-;IC( ,9,CG��� M whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand this_2j,&_&_ day of 1996. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 772 at page 1423. n •C1Ji.`a.,.,t. TH OF P. Duane Brown, L.S. D The propert represented herein is shown on Frederick County P. DUANE Tax Map 75((A) as a portion of Parcel 72. O BROWN a DATE: FEBRUARY 21, 1996 COVER SHEET FILE#: 5076: "PL13-1.DWG" NO. 1285 gilbert w. clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET AND SURVE150—C Olde Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 5 (540) 898-2115 (540) 667-2139 81{359 G0317 Curve Ta bl e CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 220.00' 100.98' 51.40' 100.10' N 00' 13'22" W 26' 18'00" 2 575.00' 26.83' 13.42' 26.83' S 33'02'40" E 02'40'25' 3 600.00' 156.07' 78.48' 155.63' N 2655'46" W 14 54' 13" 4 245.00' 26.11'N35.88' 26.09' N 1625'31" W 06'06'16' 5 575.00' 97.69' 97.57' N 26' 0'26" W 09'44' 3" 6 575.00' 25.05' 25.04' N 20'4 '3 " W 0 29'45" 7 220.00' 124.43'122.77' N 03'1 '31" W 32'24'17' 8 270.00' 28.77' 28.76' S 16' 5'31" 06'06'18" 9 625.00' 71.68' 71.64' S 22'4 '48" E 06'34'16" 10 625.00' 71.68' 71.64' S 29'20'05" E 06*34'17'11 625.00' 19.21' 19.21' S 33'30'03" E 1 01'45'40" The Frederick County Inspections Department will require Grading Site Plans showing the lowest floor elevation required for Lots 245, 254 and 255 at the time of permit application. The Frederick County Public Works Department will require Detailed Site Plans for the following lots: 245 246, 254 and 255. These Detailed Site Plans shall include the exact location of the house, finished exterior grades, finished floor elevations and basement floor elevations, entrance culvert design, location of foundation drains and all easements. Additionally, any Basement Levels constructed on lots 250 through 255 shall be constructed above the minimum elevations indicated on the construction drawings, which are on file at the Frederick County Public Works Department. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Area Summary Area in Lots 3.4318 Acres Area in R/W 0.5020 Acres TOTAL AREA SUBDIVIDED 3 9338 Acres Number of Lots 11 Average Lot Size 13, 590 Sq. Ft. Open Space Easement Provided (This Section) 0.6188 Acres Total Open Space Easement Required to Date 15.7525 Acres Total Open Space Easement Provided to Date 1ZJ787 Acres EXISTING ZONING. RP EXISTING USE. VACANT • Denotes iron rod to be set on property line 35' from right—of—way line. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. ►.�,TH OF G P. DUANE 0 nn BROWN NO. 1285 a-. Np SUR`1E'(_-� All lots are single family detached — traditional MINIMUM SETBACK REQUIREMENTS FRONT = 35' SIDE = 10' REAR = 25' DATE: FEBRUARY 21, 19961 CURVE TABLE I FILE#: 5076: "PL13-1.DWG" gilbert w. Clifford & associates, Inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 2 150—C 01de Greenwich Drive 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 5 (540) 898-2115 (540) 667-2139 LO v_ 0 N N71S� Z �� 8K859IDG CV rn rn 0 CV I(i 7 SEE SHEET 4 OF 5 / MINIMUM SETBACK REQUIREMENTS 00 w FRONT = 35' E a SIDE = 10' �* REAR. = 25' N 70 31'20" E 103.54' SEE SHEET 2 OF 5 FOR CURVE TABLE. 2,48 Q s I I 10,M 5F \ �s _ V). kN 709'31'20 E I O O 00 247 \ k9 �� 9 14,603 5F N 70-31 '20" 0 246 0. �o. 17,565 5F 6 I_ _ N 68701'36"rlO� /261 78' �s -. 117.28' 01'36" W 144.50' F NAGE 'T. 245 I 5 10,115 5F I %00 S�P�ES -TH OF G P. DUANE O n BROWN NO. 1285 �D SUR`Je -,� 11 a .59, " W oSEo FUSE rOEX SSE 20' S 5a 17'32 Q�OP N\NG;RP Denotes iron rod to be set on property line 35' from right—of—way line. All lots are single family detached — traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility and Drainage Easement along all property lines. DATE: FEBRUARY 21, 1996 1 SCALE : 1" = 50' FILE#: 5076: "PL13-3.DWG" gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 150—C 01de Greenwich Drive 200 North Cameron Street 3 Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 5 .r . SK859 PG01.9 Q� O ^� Q Az� N N § G <"'� N to AM� o ;- 4� 2 �O N Cl) FUTURE DEVELOPMENT S 04'40'58" E EX. ZONING: RP 65.48' EX. USE: VACANT \ / SEE SHEET 3 OF 5 2 W A- 249 \01 �g 2 \ 10,000 5F g2, �- Fox DrZv 0 4 0 X A\ MAT Or X DRIVE�ma� c1) 50, R/w z o 4.3.32 0. w � Ln w �/ , w r• G X m rncWJ) o fill o Zoe 5. cr cn1 0 10,1 4 w w SF) 4,165 ....... (9,2�� ( PCE O v 4,3 SF):.:.. .......N Sp ........ O ...... 5 C ............ oSEM PCRCS MINIMUM SETBACK REQUIREMENTS o 61a8 _ $3 -5012 FRONT = 35' c0 •.•.'. O SIDE = 10' co ...............�........... ..... REAR = 25' f ...'.'.'.•.'. gO.Op y...' .. ......... ......... 1 9 . N SEE SHEET 2 OF 5 FOR CURVE TABLE. 21,4g W v SEC�ON 7 ES 149 N 1— DERICKTO` E?? SA �A` `OT Denotes iron rod to be set EX. FRE X ZONIN Y RESIOEN right—of—way property line 35' from EX. 20'E M TSEWER SE`O ON68 EX SINGLE 1 AMIL right-of-way line. 4 USE: i All lots are single family detached - traditional. D All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way anjd�a 10'�Ujtility and DDrainage Easemennt allo}n�,g,�}all propertyy llines. Ll' �elll enno(�Lf owns 11'eeolk�ll eo � d� ectolm n23 DATE:FEBRUARY 21, 1996 SCALE 1" = 50' FILE#: 5076:"PL13-4.DWG" Ngilbert w. Clifford & associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 150—C Olds Greenwich Drive 200 North Cameron Street 4 ,qNOFredericksburg, Virginia 22401 NAnchester, Virginia 22601 OF (540) 898-2115 0 25 50 100 (540) 667-2139 5 DR859i'r SEE SHEET 4 OF 5 Z 5 N Denotes iron rod to be set on property line 35' from right—of—way line. ..... (50.00') N 70'31'20" E _ 71.73' j 0) rn 0 .:. .:.. 21.7 3, 04 _— N I:::::�; �: U-0) N L r) V<) z (-) - n 2572 01 Wto : NC�- oo °q t? 4,5F 00 0 0 Wp.M1 0_� 0 1.'. 0 EX. 20' SAN. SEWER ESM'T. ....... ;.. __ S 70' 18'26" W 172.38' �•'• '- Z M w N= (50 00) 1n 22.38' 6 W z .'.'.'.'.'.' : .t^ .� in w z I o IN r.......... d En W .1 ....... 14,198 5F 0 W Z Q � . _ 178.37'UJ 0 tL .' .'........... '.' S 63 57 04 W cy, ^'w ;. 127.999 I O N in w �, W f ..................... T^ 25iAl CN v W ^ 15,� 5F 20,c J . X �:..:....... 0 2 . .. 31' C' 47" W 1 g5 1 j z `''' 0 .:.....:..:. S 5T 22 143.87 N �.�.�.•. �'.�'.� � Drainage � 10' N N 0 20 Esm t. cr r? c,! 0 A\ ..... ...... W z: - W ............... �, 150214 5F ti ko -� c o rn...'.'.'.'.'.'..'.'.'.'.'.. /to N g3,49 S MINIMUM SETBACK Z a' rn . ........... 49/ 1 E ESTA� REQUIREMENTS o 78 ,07 W 6 'DOWN NS FRONT = 35' r S 55 PROPOS�O FRS�C 10 EX 2USE.: VACA SIDE = 10' REAR = 25' v' EX ZONING' RP SEE SHEET 2 OF 5 All lots are single family detached - traditional. FOR CURVE TABLE. �T11 OF D All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way j and a 10',,Ujtility and Drainage Easement along all property lines. ¶ P. DUANE TIPC�I�IlC�IPIlC� L®wIIIlC� �s� eC�s� �'' aeeflol it M O BROWN U���.�..... ,..� DATE: FEBRUARY 21, 1996 SCALE : 1" = 90' FILE#: 5076: "PL13-5.DWG" NO. 1285 gilbert w. Clifford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150—C 01de Greenwich Drive 200 North Cameron Street 5 <'9N0 i0�' Fredericksburg. Virginia 22401 Winchester, Virginia 22601 SURV� (540) a98-2115 0 25 50 100 (540) 667-2139 OF 5 VIRGINIA: FREDERICK CWNTY, SCT. This instrument of writing was produced to me on the _Oid &C, law, 19 t arwrith certiecAte of acknoWI&JgM,"t ttwre9to annexco. wr:1s admitted to roc ird. CLERK N BK859PG0310 THIS DEED OF DEDICATION, made and dated this day of April, 1996, by and between TOP OF VIRGINIA DEVELOPMENT CORPORATION, a Virginia corporation, party of the first part, and FREDERICK COUNTY, VIRGINIA, party of the second part. WHEREAS, the party of the first part is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated February 21, 1996, known as Fredericktowne Estates, Section 13; WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That in consideration of the premises and the benefits which will accrue by reason of this dedication, the party of the first part does hereby subdivide that certain tract of land designated as Fredericktowne Estates, Section 13, situate in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated February 21, 1996, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. No buildings, structures, or signs of any type may be placed or erected on any portion of the "Open Space Easements" as shown on the attached plats. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. BK859PG03I I 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger - than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided elsewhere herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition for longer than three months. 8. No single story dwelling shall be erected upon said lot shown on the attached plats which shall contain less than 1,500 square feet of finished floor area. No multiple story dwelling shall contain less than 800 square feet of ground floor- area. All residential structures facing a street must be at least 26 feet wide. Such areas shall be exclusive of porches, patios, car ports, basements, and attics. Any garage, carport or car shelter - constructed on said lots shall be attached to and be a part of the main structure. Top of Virginia Development Corporation reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. 9. No lot on the attached plats shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Top of Virginia Development Corporation, however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats BK859PG3312 and to alter, amend and change any lot lines or subdivision plan so long as it owns any of said lots; except that no provision for open space easements may be amended without the approval of Frederick County. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only, but may not enclose any parts of the open space easements, as set forth below. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Fredericktowne Estates Section 13, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. No vehicles or other equipment mentioned above may be parked or placed on the open space easements, as set forth below, at any time. Notwithstanding the foregoing, Top of Virginia Development Corporation or its successors in interest may, for a period not to exceed two years from- the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Top of Virginia Development Corporation or its successors in interest. 12. No exterior antennas or satellite dishes shall be erected or placed on any lot or attached to any dwelling. 13. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements on any lot by Top of Virginia Development Corporation or its successors in interest, commencing within two years from the date of submission of said lot to these restrictive covenants. 14. Any lease or rental agreement must be for a period of at least thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 15. All lots are required to observe building restriction lines as indicated on the plats attached hereto, in addition to those applicable requirements of applicable Frederick County ordinances. 16. Top of Virginia Development Corporation reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Top of Virginia Development Corporation does further reserve the right 6K859PG0313 for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 17. Any Fredericktowne Estates, Section 13, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 18. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. OTHER MATTERS 1. The property dedicated hereby is subject to those certain easements designated "Open Space Easement" on the aforesaid attached plats. Top of Virginia Development Corporation does hereby grant and convey unto Frederick County perpetual easements over those portions of Lots 250, 251, 252, 253, 254, and 255 Fredericktowne Estates, Section 13, as shown on the attached plats, and hereby imposes the following additional restrictive covenant on the use of said easements, which covenant runs with the land, and shall be binding upon all parties having any right, title and interest in and to the affected lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner in Fredericktowne Estates Section 13. (Said easements remain subject to all other restrictions and covenants set forth above.) The owner(s) of Lots 250, 251, 252, 253, 254, and 255 Fredericktowne Estates, Section 13 shall each be responsible for maintaining that portion of the open space easements on their lot or lots. Frederick County representatives may enter the affected properties from time to time for the purpose of inspection and enforcement of the terms of this easement after permission from or reasonable notice to the owner. In the event that any lot owner(s) shall fail to maintain his or her portion of the open space easement in reasonable order and condition, Frederick County may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. Nothing herein shall be construed to convey to the public a right of access or use of the open spaces. The parties of the first part, for themselves and their successors and assigns, including the owner or owners of any lot or lots in Fredericktowne Estates, Section 13, hereby retain exclusive right to such access and use, except as set forth above. 2. The property dedicated hereby is subject to certain easements designated "San. Sewer Easement" on said attached plats, which easements are hereby dedicated for public use and access. Top of Virginia Development Corporation does hereby grant sand convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as "San. Sewer Easement". BK859PG0314 3. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Top of Virginia Development Corporation does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. Top of Virginia Development Corporation does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water -from such lot to the detriment of any other property shown on said plats. 4. Top of Virginia Development Corporation reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along a strip 10 feet along the front and rear boundary lines and a strip 5 feet along the side boundary lines of each lot and along those areas intended for public access on the attached plats and over the open space easements as needed. In addition, there shall be service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Top of Virginia Development Corporation, sole owner and proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Top of Virginia Development Corporation: 1 OK859PG0315 [SEAL] STATE OF VIRGINI�A CITY OF WINCHESTER, to -wit: NUAy Acknowledged before me this day ofiri�, 1996, by David B. Holliday, who is President of Top of Virginia Development Corporation, a Virginia corporation, on behalf of the corporation. 1% NOTARY PUBLIC FOR THE S ATE OF VIRGINIA My commission expires:��Lr! COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR PO. BOX 278 COMMISSIONER EDINBURG, 22824-0278 February 12, 1996 Mr. P. Duane Brown, C.L. S. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Duane: WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984.5600 FAX (540) 984-5607 Ref Fredericktowne Estates Sections XII & XIII Frederick County As requested, we have reviewed the above referenced site plan dated October 23, 1995. Our comments may be found on the enclosed plans marked in red and as follows: 1. To meet current minimum pavement design standards, the typical section of Warrior Road will need to be upgraded to provide a minimum 2" of Type SM-2A asphalt concrete. 2. Site distance at the proposed intersections will need to be provided. 3. To remain consistent with previously approved sections of this development, the proposed cross culverts will need to be reinforced concrete pipe. 4. Culvert No. 3 will need to be shifted as noted. 5. A standard DI-12b drop inlet (L=4') will need to be provided at Culverts No. 1 & 2 on the southwest side of Appomattox Drive or swales will need to be constructed over the pipe to carry the side ditch flows. 6. Additional drainage easements will need to be provided as shown. 7. If grade allows, the sanitary sewer main between Manhole Nos. 85 & 86 should be shifted to the southwest side of Appomattox Drive. This would allow for the entire watermain to remain on the opposite side of the street. Please revise and resubmit four copies for final approval. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. , If you have any questions concerning the above comments, please give me a call per\ Sincerely, Robert B. Childress Permits/Subd. Spec. Supervisor RBC/rf Enclosure xc: Mr. T. L. Jackson, Mr. S. A. Melnikoff, Mr. R. W. Watkins, Mr • John Whitacre TRANSPORTATION FOR THE 21 ST CENTURY w COUNTY of FREDERICK Public Works Department Harvey E. Strawsnyder, Jr., P.E. Director 540/665-5643 March 1, 1996 Fax 540/678-0682 Mr. P. Duane Brown C. L.S. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Fredericktowne Estates Subdivision Sections 12 and 13 Frederick County, Virginia Dear Duane: Your revised subdivision plans have adequately addressed our February 12, 1996 review comments. The addition of the drainage easements between lots 242, 245 and 246 has dictated the need for these lots to be added to the list of lots requiring site plans. A formal resubmission of revised plans will not be required. However, we would appreciate a revised plan reflecting the addition of the above lots to the detailed site plan requirement. HES:rls cc: Planning and Zoning file Sincerely, y� Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street Winchester, Virginia 22601 Frederick County Sanitation Authority ATTN: Wellington H. Jones, P.B., Director P.O. Box 618 Winchester, Virginia 22604 (540) 665-5690 Applicant's name, address and phone number: TOP OF VIRGINIA DEVELOPMENT CORP. - c/o P. Duane Brown Gilbert W. Clifford & Associates. Inc. 200 North Cameron Street, Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 Name of development and/or description of the request: Location: East of -• NE of Fredericktowne Estates Sanitation Authority Comments: / ST - C'D,1i4 rcp Sanitation Signature & Date: A.* d!/ 6 IV (NOTICE TO SANITATION - PL RETURN THIS FORM TO 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 TWO copies of your plans and/or appl ?m. Date: October 31. 1995 FEB 1596 RECEIVED AEPT. Of PLANNING AND AEVELOPMEN_T. FREDERICK COUNTY INSPECTIONS DEPARTMENT 107 N. Kent Street Winchester, Virginia 22601 (540) 665-5651 Applicant's name, address and phone number: TOP OF VIRGINIA DEVELOPMENT CORP. - c/o P. Duane Brown Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street. Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 Name of development and/or description of the request: Fredericktowne Estates - Sections 12 & 13 Location: East of Stephens City: NE of Fredericktowne Estates - Sec. 5-8. SE of Fredericktowne Estates - Sec. 11 Inspections Department Comments: Comments on back of this sheet. Inspections Signature & Date: // 5J (NOTICE TO INSPECTIONS - PLEAS ETURN THI FORM T AGENT. NOTICE TO APPLICANT It is your responsibility to complete this A as accurately as possible in order to assist the agency with their--;- ew. Also, please attach ONE copy of your plans and/or appli 1 rl,- Date: October 31. 1995 FE8 Zr96 f v� 'r RECEIVED PEPT, OF PLANNING AA[p "Y€LQPM i A Building shall comply with Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA National Building Code/1993. Grading site plan required showing lowest floor elevation required on Lot # 231, 232, 236, 237, 244, 245, 254 and 255 at the time of permit application. FEB 199E RECEIVED PEPT. OF PLANNING wJ W EV L9P.._MAE t _�] COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.1127952953 Date Received 110195 Date Reviewed 112795 Applicant G.W.Clifford and Assoc. Address 200 N. Cameron St. Winchester, Va. 22601 Project NameFredericktowne Estates Sections 12 & 13Qhone No.703-667-2139 Type of ApplicationSubdivision Current Zoning RP 1st Due Fire Co. 11 lst Due Rescue Co. 11 Election DistrictOpequon Tax I.D. No. 000000 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System 00 Automatic Fire Alarm SystenKX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes No XX Comments Place temporary street signage and address signs when constrution begins Burning of construction debris on site is prohibited. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Access for emergency vehicles must be maintained at all times. Hydrand Locations Adequate XX Inadequate Not Identified �T Z4CJF-U�i����'9 Siamese Location Adequate Inadequate Not IdentifiedXX Additional Comments Attached? Yes No XX r FEB 10,96 Plan Approved as Submitted? Yes XX NoCEQ�D pND DEVEIAPMEW Signat a TitleAwk, eve �'Jl6CJG6� Frederick County Parks & Recreation Department ATTN: James Doran, Director 107 N. Rent Street Winchester, Virginia 22601 (540) 665-5678 Applicant's name, address and phone number: TOP OF VIRGINIA DEVELOPMENT CORP. - c/o P. Duane Brown Gilbert W. Clifford & Associates. Inc. 200 North Cameron Street. Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 Name of development and/or description of the request: M It Location: East of Stenhens City: NE of Fredericktowne Estates - Parks & Recreation Department Comments: Plan appears to meet open space requirements Parks Signature & Date: (NOTICE TO PARKS - PLEP THIS FORM TO AGENT.) 11/6/95 (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 ONE copy of your plans and/or application .corm. Date: October 31, 1995,���� FEB 1996 RECEIVED r\j JOEPT. OF PIANNINO Cr: �® pEYELOPMENL : A� COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E. COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984-5600 FAX (540) 984-5607 March 6, 1996 Mr. P. Duane Brown Ref: Fredericktowne Estates C/O G. W. Clifford & Associates, Inc. Sections XII & XIII 200 North Cameron Street Frederick County Winchester, VA 22061 Dear Duane: As requested, we have signed and are returning the final plat for the referenced subdivision. If we can be of further assistance, please let me know. Sincerely, ad /. �Jud'— Robert B. Childress Trans. Permits & Subdivision 01 pcCiaiISt Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff (w/ copy of plat) Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY f Virginia Department of Transportation ATTN: Mr. William H. Bushman, Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-4133 Applicant's name, address and phone number: TOP OF VIRGINIA DEVELOPMENT CORP. C/o JD. nii;;nqz RroWn '�• - �1 •• • �1 •• 1�• Name of development and/or description of the request: Fredericktowne Estates - Sections 12 & 13 Location: East of Stephens City: NE of Fredericktowne Estates - Transportation Department Comments: See attached letter dated 03/06/96. VDOT Signature & Date: (NOTICE TO VDOT - PLEASE RETURN THIS FO TO 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 FIVE copies of your plans and/or application form. r COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 March 7, 1996 Mr. P. Duane Brown, C.L.S. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Duane: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE (540) 984.5600 FAX (540) 984-5607 Ref: Fredericktowne Estates Sections XII & XIII Frederick County This is to acknowledge receipt of your revised plans dated February 19, 1996 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary..JLoad System. �r • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Duane Brown Ref: Fredericktowne Estates, Sections XII & XIII March 7, 1996 Page 2 • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the plan detail. • Private entrances will be installed in accordance with our PE-1 Specifications. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with CR. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. Should you need additional information, do not hesitate to call. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Attachments xc: Mr. T. L. Jackson (w/ 2 sets of plans) Mr. S. A. Melnikoff (>v/ 2 sets of plans) Mr. R W. Watkins v' Mr. H. E. Strawsnyder Mr. Dave Holliday Mr. Jerry King Ms. Kim Hickerson w/ WFUCC 4 COUNTY of FREDERICK Public Works Department Harvey E. Strawsnyder, Jr., P.E. Director 540/665-5643 February 12, 1996 Fax 540/678-0682 Mr. P. Duane Brown C. L.S. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Fredericktowne Estates Subdivision Sections 12 and 13 Frederick County, Virginia Dear Duane: We have completed our review of the proposed subdivision plans and offer the following comments: 1. Sheet 4 of 8: Individual site plans will be required for the following lots: 230, 231, 232, 244, 254 and 255. These site plans shall include the exact location of the house, finished exterior grades, finished floor elevations and basement floor elevations, entrance culvert design, location of foundation drains and all easements. 2. Sheet 4 of 8: Confirm that drainage easements are not required to convey storm runoff from area "A" across lots 246, 243 and 245. This same statement should also be applied to lots 236 and 237 for runoff originating from area "B".� 3. Sheet 4 of 8: � d Extend culverts 1 and 2 to the back of the adjacent lots. 4. Sheet 4 of 8: I ° fNz �'4 Indicate that rock check dams may be used in lieu of silt screen within drainage charm ifc screen may prove difficult to install in strict accordance with the detail shown on Sheet 7 of 8. 107 North Kent Street Winchester, Virginia 22601 Fredericktowne Estates, Sections 12 & 13 Page 2 February 13, 1996 5. Sheet 4 of 8: Delineate the 100 year flood level at the rear of lots 230 through 235 and 250 through 255. Any basement levels constructed on these lots shall be elevated at least one (1) foot above the 100 year flood elevation. 6. Sheet 4 of 8: Remind the developer of the requirements outlined under erosion control construction notes. These notes plus the details shown on sheet 7 of 8 will be strictly enforced. Please contact me if you have any questions regarding the above comments. Sincerely, Harvey trawsnyder, Jr., P.E. Director ublic Works HES:rls cc: Planning and Zoning file E y % gilbert w. clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150C Olde Greenwich Drive • P. 0. Box 781 Fredericksburg, VA 22401 9 (540) 898-21 15 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (540) 667-2139 February 22,1996 Mr. John G. Whitacre Frederick County Sanitation Authority P.O. Box 618 Winchester, Virginia 22604 RE: Fredericktowne Estates Sections 12 and 13 Frederick County, Virginia Dear John, In accordance with your "red -marked" drawings dated November 6, 1995, we have revised the construction drawings for Fredericktowne Estates, Sections 12 and 13. In particular, these revisions are: (1) The sanitary sewer along Warrior Drive has been extended to include construction to twenty (20) feet beyond manhole #88 (sheets 4, 5 and 6). (2) The gravity sewer service laterals for lots 241 and 242 have been revised to tie into manhole #87 (sheet 5). Additionally, we have lowered the slope from manhole #83 to manhole #88. This will allow the future sanitary sewer design to comply with the new FCSA regulations (Jan. 18, 1996) which increases the minimum slope allowed on an eight (8) inch gravity sewer to 0.50% (sheet 6). Thank you for your timely review. We look forward to your a K these revised construction drawings. <. i BOARD OF DIRECTORS C C)�E Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. ,P. E. Ea �Suther . b P. Duane Brown, C. L. S. William L. Wright, Laboratorrtor n ^ ! ck 0i Mr. John G. Whitacre Fredericktowne Estates Sections 12 & 13 Feb. 22,1996 Please let me know if you have any questions or comments. Sincerely, P. Duane Brown, C.L.S. Project Manager Gilbert W. Clifford & Associates, Inc. PDB/kf Encl. cc: Dave Holliday Wayne Miller Bob Childress Ed Strawsnyder gilbert w. clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150C Olde Greenwich Drive • P. 0. Box 781 Fredericksburg, VA 22401 • (540) 898-21 15 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (540) 667-2139 February 22,1996 Mr. Harvey E. Strawsnyder, Jr., P.E. Director of Public Works County of Frederick Public Works Department 107 North Kent Street Winchester, Virginia 22601 RE: Fredericktowne Estates Sections 12 and 13 Frederick County, Virginia Dear Ed, In accordance with your "red -marked" drawings and letter dated February 12, 1996, we have revised the construction drawings for Fredericktowne Estates, Sections 12 and 13. In particular, these revisions are: (1) We have computed and delineated the 100 year flood level at the rear of lots 230 through 235 and lots 250 through 255 (sheets 4 and 5). (2) Minimum basement finished floor elevations have been shown for lots 230 through 235 and lots 250 through 255 (sheets 4 and 5). (3) Notes have been added regarding Detailed Site Plans and minimum finished floor elevations for specific lots. The notes are: The Frederick County Inspections Department will require Grading Site Plans showing the lowest floor elevation required for Lots 231, 232, 236, 237, 244, 245, 254 and 255 at the time of permit application. The Frederick County Public Works Department will require Detailed Site Plans for the following lots: 230, 231, 232, 244, 254 and 255.. -719 v- ''�Yo • ox,�j 6' BOARD OF DIRECTORS (�C cE) Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Ear 5uther P. Duane Brown, C. L. S. William L. Wright, Laboratory oto, .,4 Mr. Harvey E. Strawsnyder, Jr., P.E. Fredericktowne Estates Sections 12 & 13 Feb. 22,1996 These site plans shall include the exact location of the house, finished exterior grades, finished floor elevations and basement floor elevations, entrance culvert design, location of foundation drains and all easements. Additionally, any Basement Levels constructed on Lots 230 through 235 and Lots 250 through 255 shall be constructed above the minimum elevations indicated. (sheets 3, 4 and 5). (4) Drainage easements have been added for lots 236, 237, 242, 243, 244, 245 and 246 (sheets 3, 4, and 5). (5) The culverts at lots 231 /232 and lots 254/255 have been extended thirty (30) feet toward the rear of the lots (sheets 4, 5 and 6). (6) A note has been added to indicate that: Rock Filled Check Dams may be used in lieu of Silt Fence within drainage channels. (sheet 4). Additionally, we have reminded the developer of the erosion control requirements. Thank you for your timely review. We look forward to your approval of these revised construction drawings. Please let me know if you have any questions or comments Sincerely, P. Duane Brown, C.L.S. Project Manager Gilbert W. Clifford & Associates, Inc. PDB/kf Encl. cc: Dave Holliday Wayne Miller Bob Childress John Whitacre i gilbert w. clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150C Olde Greenwich Drive • P. 0. Box 781 Fredericksburg, VA 22401 • (540) 898-21 15 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 9 (540) 667-2139 February 22,1996 Mr. Robert B. Childress Permits/Subd. Spec. Supervisor Commonwealth of Virginia Department of Transportation 14031 Old Valley Pike P.O. Box 278 Edinburg, Virginia 22824-0278 RE: Fredericktowne Estates Sections 12 and 13 Frederick County, Virginia Dear Bob, In accordance with your "red -marked" drawings and letter dated February 12, 1996, we have revised the construction drawings for Fredericktowne Estates, Sections 12 and 13. In particular, these revisions are: (1) We have indicated that Warrior Drive shall receive 2" Type SM-2A Asphalt Concrete (sheet 5). (2) Site distance at the proposed intersections has been shown (sheet 6). (3) The cross culverts have been changed to reinforced concrete pipe (sheets 4 and 6). (4) Culvert No. 3 has been shifted to station 11+75 Appomattox Drive (sheets 4, 5 and 6). (5) A standard DI-12B drop inlet (L=4') has been provided at Culverts No. 1 and 2 on the southwest side of Appomattox Drive (sheets 4, 5 and 6). (6) Drainage easements have been added for lots 230, 231, 232, 236, 237, 242, 243, 244, 245, 246, 254 and 255 (sheets 3, 4, and 5).9z%t. £Q 1996 BOARD OF DIRECTORS DEPiCE:1t,zD OF OC Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Ea 'pp"tiP. Duane Brown, C. L. S. William L. Wright, Laborato rector c: Mr. Robert Childress Fredericktowne Estates Sections 12 & 13 Feb. 22,1996 • Page 2 (7) The existing subdivision sections have been indicated (sheets 3, 4 and 5). (8) Open Space Easement has been indicated (sheets 4 and 5). (9) The existing culvert under Warrior Drive has been labeled (sheets 4 and 5). (10) The Design Speed of 30 MPH has been indicated (sheet 5). (11) The stationing cross-reference between Warrior Drive and Appomattox Drive has been verified and clarified (sheet 6). (12) All ES-2 End Sections have been changed to ES-1 End Sections (sheets 6 and 7). Additional revisions include: (1) Drainage Area Summary and Hydraulic Design Summary informational and computational modifications (sheet 4). (2) Storm sewer profiles (inverts, lengths, slopes, sizes, etc.) have been modified (sheet 6). (3) A DI-12B detail has been added (sheet 8). The sanitary sewer main between Manholes 85 and 86 has not been revised. Lots 250 through 255 (southwest of Appomattox Drive) are currently provided with gravity sewer service laterals at the rear of the lots. The sewer main in question has been designed to serve Lots 244 through 249 (northeast of Appomattox Drive). We are enclosing copies of letters to other agencies. These copies address modifications that have been made due to their requests. We are also enclosing five (5) sets of revised drawings. Two (2) sets of these drawings have been highlighted to indicate changed items. In order to assist you in your review process, we have used different colors to indicate which changes pertain to which agency. j Mr. Robert Childress Frederickt�.vne Estates Sections 12 & 13 Feb. 22,1996 • Page 3 Thank you for your timely review. We look forward to your approval of these revised construction drawings. Please let me know if you have any questions or comments. Sincerely, P. Duane Brown, C.L.S. Project Manager Gilbert W. Clifford & Associates, Inc. PDB/kf Encl. cc: Dave Holliday Wayne Miller Ed Strawsnyder John Whitacre BOARD OF DIRECTORS OC Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Earl R. Sutherland, P. E. P. Duane Brown, C. L. S. William L. Wright, Laboratory Director gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO: Winchester, Virainia 22601 1 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 2/22/96 5076 ATTENTION Ed Strawsnyder RE: FrPriPrirktnwnP Estates WE ARE SENDING YOU X❑ ATTACHED UNDER SEPARATE FTI HAND DELIVERED 7 CHANGE ORDER SAMPLES SHOP DRAWINGS PRINTS x❑ ❑ PLANS COPY OF LETTER PLATS VIA THE FOLLOWING ITEMS SPECIFICATIONS OTHER COPIES DATE I DESCRIPTION 2 10-23-95 Construction Drawings revised Feb. 19, 19 1 1 2-22-96 ILetter addressing revisions 7 ARE TRANSMITTED APPROVED/SUBMITTED X❑ FOR APPROVAL APPROVED/AS NOTED FOR YOUR USE RETURN/CORRECTIONS AS REQUESTED El FOR REVIEW or COMMENT FOR BIDS DUE RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS El LOAN PRINT/RETURN RETURN/WITH SIGNATURES REMARKS The attached drawings have been revised per your cof Fetlary 1996. FEB 1996 OF Pt,gIVN! AND DEVECOPIWCO 1„� �n COPY TO: Dave Holliday SIGNED P. Duane Brown, C.L.S. Wayne Miller REV. 2.0 gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO: Winchester. Virainia 22604 1 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 2/22/96 5076 ATTENTION John Whitacre RE: Frarlarinktnwnp Fctntac WE ARE SENDING YOU X❑ ATTACHED UNDER SEPARATE VIA THE FOLLOWING ITEMS HAND DELIVERED CHANGE ORDER SAMPLES SPECIFICATIONS SHOP DRAWINGS PRINTS Fx —1 PLANS X ❑ OTHER COPY OF LETTER PLATS ❑ COPIES DATE DESCRIPTION 2 10-23-95 Construction Drawings revised Feb. 19, 1996 : Prints 1 10-23-95 Construction Drawings revised Feb. 19, 1996 : Sepias sheets 5 & 1 2-22-96 Letter addressing revisions x0 ARE TRANSMITTED F-1 APPROVED/SUBMITTED FOR APPROVAL APPROVED/AS NOTED a FOR YOUR USE D RETURN/CORRECTIONS © AS REQUESTED FOR REVIEW or COMMENT FOR BIDS DUE REMARKS The attached drawingelWe b-n `rl§i ~ FE8 1996 DEPT. OF RcC��VEl) AND Nllyg DEVELOPMENT 19___ RESUBMITFOR APPROVAL 0 SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS ❑ LOAN PRINT/RETURN RETURN/WITH SIGNATURES per your comments of November 6, 1995. COPY TO: Dave Holliday SIGNED P. Duane Brown, C.L.S. Wayne Miller REV. 2.0 gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO: Edinbura. Virainia 22824-0278 1 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 2/22/96 5076 ATTENTION Bob Childress RE: FrPr1PrirktnwnP FctatPS WE ARE SENDING YOU X❑ ATTACHED UNDER SEPARATE HAND DELIVERED 7 CHANGE ORDER SAMPLES SHOP DRAWINGS PRINTS PLANS COPY OF LETTER ElPLATS Fx VIA THE FOLLOWING ITEMS SPECIFICATIONS OTHER COPIES DATE DESCRIPTION 5 10-23-95 Construction Drawings revised Feb. 19, 1996 5 2-20-96 Section 12 Final Plats 5 2-21-96 Section 13 Final Plats 1 2-22-96 VDOT Subdivision Checklist 1 2-22-96 Letter addressing revisions by VDOT 1 2-22-96 Letter addressing revisions by FCSA 1 2-22-96 Letter addressing revisions by Frederick County Public Works x❑ ARE TRANSMITTED APPROVED/SUBMITTED a FOR APPROVAL APPROVED/AS NOTED FOR YOUR USE El RETURN/CORRECTIONS AS REQUESTED FOR REVIEW or COMMENT FOR BIDS DUE ------------ 19___ REMARKS The attached drawings h ed " FEB 1996_. RECEIVED DEPT. OF PLANNING .0 AND DEVELOPMENT v� r' RESUBMITFOR APPROVAL SUBMIT_ FOR DISTRIBUTION RETURNED_ CORRECTED PRINTS ED LOAN PRINT/RETURN RETURN/WITH SIGNATURES per your comments of February 12, 1996. COPY TO: Dave Holliday SIGNED P. Duane Brown, C.L.S. Wayne Miller REV. 2.0 gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO: 107 N. Kent Street Winchester, Virginia 22601 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 2/22/96 5076 ATTENTION Wayne Miller RE: Frar prinktnwnr? Fctatac WE ARE SENDING YOU X❑ ATTACHED F-� UNDER SEPARATE FLI HAND DELIVERED ❑ CHANGE ORDER SAMPLES SHOP DRAWINGS PRINTS x❑ PLANS COPY OF LETTER PLATS VIA THE FOLLOWING ITEMS SPECIFICATIONS X❑ OTHER COPIES DATE DESCRIPTION 1 10-23-95 Construction Drawings revised Feb. 19, 1996 1 2-22-96 Subdivision Application 1 - Review Agencies' Comment Sheets 1 2-21-96 Check No. 1654 ($2,800.00 Application Fee) 1 2-20-96 Section 12 Final Plats 1 2-21-96 Section 13 Final Plats X❑ ARE TRANSMITTED APPROVED/SUBMITTED X❑ FOR APPROVAL APPROVED/AS NOTED FOR YOUR USE ED RETURN/CORRECTIONS AS REQUESTED ❑ FOR REVIEW or COMMENT FOR BIDS DUE ------------ 19___ REMARKS RESUBMITFOR APPROVAL SUBMIT___ FOR DISTRIBUTION RETURNED_ CORRECTED PRINTS LOAN PRINT/RETURN RETURN/WITH �RES COPY TO: Dave Holliday SIGNED P. Duane Brown, C.L.S. REV. 2.0 1 ORDERG.LS. WORK 9 Nor* Lambs— Skm GIS Winduaw, VA, =1 The following information needs to be song" m re"a3t prod mdm of mapw sr*d s &M the ramfin DATE -.27- N10' DEPAR . T• � CONTACP• �%► RQcj PROM DESCREnON Q ' OF PROJECT: Lp�=r ,''t'� t �Ld /. ��rx,N /� / 3 • r— RAW WIRAi REQUEb'M CObUgXnON DATE: 3 -hl- For Pb=kg Dgwumm Use — Materials A Suppiim i Keep in Stocw. Yes No Pubtic Use Fee -_ Total Time Spent on Project Commeam IN y 3/6- mallet ;-g 96 SUBDIVISION APPLICATION #001-96 FREDERICKTOWNE ESTATES, SECTIONS 12 & A APPROVED Opequon