HomeMy WebLinkAbout04-96 Fredericktowne Estates - Sections 14 and 15 Opequon - BackfileSubdivision Checklist
1. Comment sheets from the following agencies, along with any marked copies of
the plan:
VVDOT City of Winchester
Sanitation Authority Health Department
✓ Inspections Department ✓ Parks & Recreation
Fire Marshal County Engineer
?. One copy of the subdivision application
3. 15 copies of the plan on a single sheet
4. One reproducible copy of the plan (if required)
5. A 35-mm slide of the plan
TRACKING SHEET
Date
94 Application received.
s" v� Co Fee paid (amount: $09- , (>�� )
Information entered in dBASE and Reference Manual.
e - - Subdivision heard by Planning Commission Action taken: A ua
(MDP # (if applicable): 00 7�
'dq Subdivision heard by Board of Supervisors Action taken:
J\j /a Preliminary approval letter to applicant/agent
3 -9 Final plat submitted with review agency signatures along with:
Recorded deed of dedication
Bond estimate (if required) $
Plat signed by Planning Director
7`30-%C Plat signed by Subdivision Administrator
Copy of final subdivision plat [with signatures] made and given to
Mapping and Graphics manager for structure numbering assignment sec. l4�
1.2- SC'cfJei 15 r4 %✓tOL
File: k.\wp\cmn\operman\tracking.sht
CASH
RECEIPT
Date
19 0 2 4 19 I
Received From
Address
Dollars $
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For
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ACCOUNT
HOW
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AMT. OF
ACCOUNT
CASH
AMT. PAID
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DUE
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FINAL PLAT
1Fired(Buichowme IEs �� � arm Il4
Opequon Magisterial District Frederick County, Virginia
Stepheit .: ••�:�,� i !' • - PROJECT
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i : v: /• INTE •G H ' • Vicinity Map y
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Frederick County Sanitation AuthorityDate
Planning Commission Date _
Subdivision Administrator Date 7Z 3 96
Va. Dept. of Transportation Date 6�4�9G
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Top of Virginia Development
Corporation, as appears in the ccomponying plats, is with the free consent and in
accordance with the desire the undersigned owners, proprietors, and stew, if any. t
, e A
ate
NOTARY PUBLIC
e-2�!�N-ONotqry Public inl a�d for the State of Virginia, at large, do certify
that •�' L� / whose names are signed to the
foregoing Owner's Certificate, have acknowledged he same ore me in my state. .
Given under my hand this_ a 1996.
!j
My commission expires _-- 31 ' of /
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 doted 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. Du one Brown, L.S.
The propert represented herein is shown on Frederick County
Tax Map 75((A)) as a portion of Parcel 72.
DATE: APRIL 30, 1996COVER SHEET F1LE#: 6004:"PL-14.DWG"
gilbert w. Clifford & associates, inc.ENGINEERS - LAND PLANNERS - SURVEYORS SHEET
1
,I150—C aide Greenwich Drive 200 North Cameron Street OF
Fredericksburg, Virginia 22401 Winchester• Virginia 22601 6
(540) 898-2115 (540) 667-2139
SIX/ 86.1MCI 0051
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
1
35.00'
53.93'
33.97'
48.75'
N 81'01'59" E
88'17'32"
2
1 35.00'
1 56.02'
1 36.06'
1 50.23'
S 08'58'01" E
1 91'42'28"
The Frederick County Inspections Department will require Site Plans showing the lowest floor elevation
and foundation drainage for Lots 268, 269 and 270 at the time of permit application.
The Frederick County Public Works Department will require Individual Site Plans for the following lots: 262.
263. 264, 269 and 270.
Area Summary
Area in Lots 4.4535 Acres
Area in R/W 1.0720 Acres
TOTAL AREA SUBDIVIDED 5.5255 Acres
Number of Lots 17
Average Lot Size 11,411 Sq. Ft.
Open Space Easement Provided (This Section) 0 Acres
Total Open Space Easement Required to Date 16.5813 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"PON
�
1
P. DUANE
O BROWN
NO. 1285
0 SURV6�
3Z'V-P4
geets.00m M
DATE: APRIL 30, 1996 CURVE TABLE FILE#: 6004: "PL-14.DWG"
gilbert w. clifford & associates, inc.
SHEET
ENGINEERS — LAND PLANNERS — SURVEYORS
2
150—C Olde Greenwich Drive 200 North Cameron Street OF
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 6
(540) 698-2115 (540) 667-2139
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SEE SHEET 4 OF 6 • Denotes iron rod to be set
L 260 on property line 35' from
right—of—way line.
S 53'06'47" E
143.00'
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N/F COUNTY OF FREDERICK
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EX. ZONING. RA
EX. USE: REGIONAL/
S 53'06'47" E
3 LOCAL GOVERNMENT
145.00' _
0 256 I o I
00 I 11,600 9: I I N
--+ MINIMUM
t _ SETBACK REQUIREMENTS
N 5X(56'47' W 145_.00' I FRONT = 35'
LOT 229 SIDE = 10'
EXISTING FREDERICKTOWNE ESTATES REAR T 25'
SECTION 12 SEE SHEET 2 OF 6
FOR CURVE TABLE.
EX. ZONING: RP — EX. USE: VACANT
I
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.
Tiredeuo kk)';me IEaftteg a gedto( mn 16
DATE: APRIL 30, 1996 1 SCALE : 1" — 50' FILE#: 6004: "PL-14.DWG"
glbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C aids Greenwich Drive 200 Narth Cameron Street 3
Fredericksburg. Virginia 22401 Winchester. Virginia 22601 OF
(540) $96-2115 0 25 50 100 (W) 667-2139 6
OK363PG0053
N/F VALLEY MORTGAGE & INVESTMENT CORP. N/F JAS80, INC.
D8 526 PG. 584 08 456 PG. 32
S 54749' 15" E EX. ZONING: RP � EX. USE: VACANT 406.52 EX. ZONING: RP
EX. USE: VACANT
81.14' 80.00, 83.12' 4,t
-�� 20' SEWER &
_ DRAINAGE EASEMENT
to' 10' DRAINAGE
w w
i EASEMENT
NOIN y OIN O�
�MIc"i 10,1-f2,F �' ;� 10,000 iMl�i 10,1585F IC-4'
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81.14'/;% 80.00' 79.40'
LA-
MON1'60WRY QPCLE5 50' RI W o
t°
Uj N/F COUNTY OF FREDERICK
tz S 54 49' 16' E 393.98' _ N DS 440 PG. 421
218.90'— — 175.08' EX. ZONING: RA
N O EX. USE. REGIONAL/
� � LOCAL GOVERNMENT
w _-3W — —
"'
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N I44 co 1f,102 'T
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5-2w + S 53'06'47" E
145.00'
PO
I o 260
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*Denotes iron rod
to be set on
property line 35'
from right—of—way
line.
—
cn
MINIMUM
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
01
I
REAR 25'
O
SEE SHEET 2 OF 6
FOR CURVE TABLE.
_ 145.00' _�
SEE SHEET 3 OF 6 t N 53- _ W
259 ,-
_ All lots are single family detached — traditional.
�TH OF D All 'lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
f and a 10' Utility and C�IPIlC��ILDrainageEasement along all property lines.
P. DUANE Tu-e ®wme Egftae secinom 16
a�p� BROWN DATE: APRIL 30, 1996 SCALE : 1" = 50' FILE#: 6004: "PL-14.DWG"
NO. 1285 gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Olds (;reenrich Orive 200 North Cameron Street 4
CgNo SURV��O� Fredericksburg. Virginia 22401 Winchester, Virginia 22501 OF
(540) Ma-2115 0 25 50 100 (540) 667-2139 6
B1(863GUS'
PROPOSED FRUNRICI(M NE OTATES SEE SHEET 6 OF 6
70N 15 267 _266
Ex ZONING1RP
EX. USE VACANT Q
_T S 54'49' 15" E 176.18 ' '
IN
265 1 I
o
NI I
• Denotes iron rod
to be set on 13,409 I n
property line 35'
from right—of—way ' L
line. _ S 53'06'47' E _ UN
173.90' •- N
LOT 240 � (r
264
0
13,302 -T I Q
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--171.60'
�— — --� 0
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LOT 239 i1. 0i7 * ( 26�I O W
Ln
o 15,125 �F I I. I I
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S 53'06'47' E UJ I
— —
� 169.31' —
262 o, I
LOT 237 I 12,948 � I Z I
I
_ 167.01'
EXISTING— — _ *— 30.00' 30.00' N
FREDERICKTOWNE ESTATES N 53'06'47" W 227.01'. :—
SECTION 12 LOT 236 O t`
EX. ZONING: RP I UJ et
EX. USE: VACANT MINIMUM SETBACK REQUIREMENTS W � lV
FRONT = 35'
SIDE - 10' ex
Q
REAR = 25' I I
SEE SHEET 2 OF 6 FOR CURVE TABLE
All lots are single family detached — traditional.
'TH op All lots are subject to a 20' Slope do Drainage Easement along all rights —of —way
f anjd�a 10'�Ujtility and Drainage Easement along all property lines.
P. DUANE li' Il��IUL�IlaIl�ltillL®�Il�� Llds�ll�s� r" ���Il®IlIl !l
BROWN a DATE: APRIL 30, 1996 SCALE : 1" - 50' FILE# 6004:"PL-14.DWG"
NO. 1285 gilbert w. clifford do associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Old@ Greenwich Drive 200 North Cameron street 5
SURVE�O ickvlx ' Virginia 22401 VAncheeter, Virginia 22601 OF
(540) 898-2115 0 25 50 100 (540) 667-2139 6
BK663Pb- 0055
• Denotes iron rod N/F VALLEY MORTGAGE & INVESTMENT CORP.
to be set on DB 526 PG. 584
property line 35' EX. ZONING: RP
from right—of—way EX. USE VACANT
line. S W49' 15" E 406.52'
81.13' T 81.13' %
�W1 I ��
272 la 1 271 I I 270
III
LO
L— .J Zl L J o L Jar
z cn /
81.131_ _ 81.13' — —
PROPOSED 2 a, MONlraoWky ClJpCL�
FREDERICKTOW 4E ESTATES " 4 cT N� _ S 54'49' 15" E 393.98'
SECTION 15 �N
EX. USE:NING: RP V CANT N 218 90' 50 R/ W
� � o
Ui
77.00' 67.00' �
' I DRAINAGE Z o
EASEMENT ' cO 0
1 Wt ca
F9C W
MINIMUM _ Iw
SETBACK REQUIREMENTS en 01 267 1:*
* 01 266 I L in
in FRONT - 35'
DE
REAR -125' M 1 10,010 � 1 M � 1 12,664 `� Op O � �
SEE SHEET 2 OF 6 W I
FOR CURVE TABLE. _ ZI C) w
L
o �-
_ M 77.00' 99.18, "'I
LOT 240 Z N 54 49' 15" W 176.18' M
EX. FREDERICKTOWNE ESTATES
/SECTION 12
26 5 � Z
EX. ZONING: RP -EX. USE: VACANT SEE SHEET 5 OF 6 I
All lots are single family detached — traditional.
''TH Op y All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
f and
a 1,,0''�,�Ujtility andDrainageEasement along
, all property lines. ,(�
P. DUANE !.C' u-( l wlck14�o a LCdsalk teo a seed®lm 16
a BROWN "'
U>, �� � 9 DATE: APRIL 30, 1996 SCALE : 1" - 50' FlLE#: 6004:"PL-14.DWG"
NO. 1285 gilbert w. Clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Olde Greenwich Drive 200 North Cameron Street 6
CgNO SURvE�O Frederkkabur% Vl io 22401 Winchester. V4ginia 22601 OF
(540) ss>1-2115 0 25 50 100 (540) 667-2139 6
VIRGINIA FREOERICK COUNTY, SOT,
mstry W.
of n` �es to nve on the
UK863PG0Ott 6
THIS DEED OF DEDICATION, made and dated this . i day of May,
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
April 30, 1996, known as Fredericktowne Estates, Section 14;
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 14, situate in Opequon Magisterial District, Frederick County, Virginia,
and being more particularly described by the aforesaid plats of P. Duane
Brown, L.S., dated April 30, 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. 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.
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.
BK8*63PG0047
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 and to alter, amend and change any lot lines or subdivision
plan so long as it owns any of said lots.
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. 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 14, 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. Notwithstanding the foregoing, Top of
BK863PGOO48
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 development from residential to commercial. This
waiver shall not affect the binding effect of the covenants, restrictions, and
conditions upon any other lots. Top of Virginia Development Corporation does
further reserve the right for itself and its successors in interest to impose
additional restrictive covenants, conditions, reservation, and restrictions on
any or all lots and such imposition shall not affect the binding effect of these
provisions upon any other Iots.
17. Any Fredericktowne Estates, Section 14, 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 certain easements
designated "20' 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 Sewer Easements.
2. 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 surj`ac4ngg 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.
3. 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 all boundary lines
of each lot and along those areas intended for public access on the attached
plats. 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.
4. 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:
SEAL)
STATE OF VIRGINIA
CITY OF WINCHESTER, to
Acknowledged before me this IJ/ day of 11'1_ )aL d , 1996, by David
B. Holliday, who is President of Top of Virginia Developm nt Corporation, a
Virginia corporation, on behalf of the corporation.
xdtCj"t J . T. (J: ke'tZ �
NOTARY PUBLIC FOR THE STATE OF VIRGINIA
My commission expires:
of
• �i
•IIIN1t1111 � "' � �,
168
FINAL PLAT
0 e uon Ma isteriai District Frederick County, Virginia
5tepheit' ;' �.; : ' : i °i PROJECT
M • •�'' ' �'+ Radio o'
" . Jl.�.. _-. • _ ` AREA
'�� •.� �� :.•• :•... .�- � .. �•.��:�:
• �� � ;,' -tom•_" ' ��•'•'• -..``
1�1 r ' � \ .. �••�a a o
740
WT
r r .
y INTE •,• Vicinity Map ,
. cy 78 �• 7 Seals I"-2000•
AP RO Y
114
Frederick County Sanitation Authority 0 _ Date
Planning Commission _ Date
Subdivision Administrator Date Z ,�
Va. Dept. of Transportation Date
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Top of Virginia Development
Corporation, as appears in t7ofheomunlpdersigned
anying plats, is with the fee consent and in
accordance with the desire owners, proprietors, and steqs, if any.
Oa e
NOTARY PUBLIC
'a/Notary Public in d for the State of Virginia, of large, do certify
that _ Y� �'` 44/' G 12V X whose names are signed to the
foregoing Owner's Certificate, have acknowled geed the sam fore me in my state. "
Given under my hand this a da of 1996.
My commission expires
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..
TH OF G P. Duane Brown, L.S.
f The property represented herein is shown on Frederick County
P. DUANE Tax Map 75((A)) as a portion of Parcel 72.
O n BROWN VyD�9 DATE: MAY 1, 1996 COVER SHEET FILE# 6004: "PL-15.DWG"
NO. 1285 gilbert w. clifford & associates. inc.
SHEET
ENGINEERS - LAND PLANNERS - SURVEYORS
CO� 150—C Old. Gremwic h Orive 200 North Cameron Sweet OF
,qNO suRVE�
FredwkkWxsr% VWginlo 22401 WUeheeter, Virginia 22601 5
(540) 898-2115 (540) 667—Z139
HK870PC 1 169
The Frederick County Public Works Department will require Individual Site Plans for the following lots: 283
and 284.
Area Summary
Area in Lots J.7006 Acres
Area in R/W 0.754J Acres
TOTAL AREA SUBDIVIDED 4.4549 Acres
Number of Lots 16
Average Lot Size 10,075 Sq. Ft.
Open Space Easement Provided (This Section) 0 Acres
Total Open Space Easement Required to Date 17.2495 Acres
Total Open Space Easement Provided to Date 1 ZJ787 Acres
EXIS77NG ZONING. RP EXIS77NG 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 y
P. OUANE IcN,
0 BROWN
NO. 1285
3.. NO SURvC(0-,;
All lots are single family detached — traditional
MINIMUM SETBACK REQUIREMENTS
FRONT = 35'
SIDE 10'
REAR = 25'
R-ed utochowme Eoftteo
BeClho®Il11 R5
DATE: MAY 1, 1996 AREA SUMMARY FILET: 6004: "PL-15.DWG"
glbert w. clifford & associates, inc. SHEET
ENGINEERS — LAND PLANNERS — SURVEYORS 2
150—C Olds Greenwich 0rlve 200 North Cameron shoat OF
Frederidaburg, Virginia 22401 Winchester, Vlrginio 22501 5
(540) 898-2115 (SQ) 867-2139
N/F VALLEY MORTGAGE & INVESTMENT CORP
08 526 PG. 584
EX. ZONING: RP — EX. USE: VACANT
S 5449' 15' E 649.05'
81.13_ 81.13,
1
7W I 7W I I 3
275 ru�gl '02. 7q' rwt)ia'000"
z7 Ig�U')
M i'ri M
L JZ L JZ L J 1(o
81.13' 81.13'
0
S 54 49' 15" E 657.12'
tz
V) MONtGO/V RY CIRCLe 50' R/ W
W
N 77.00� —� 77-00' T — 77.00'
• Denotes iron rod
to be set on property
line 35' from
right-of-way line.
PROPOSED
FREDERICKTOWNE ESTATES
SECTION 14
EX. ZONING: RP
EX. USE: VACANT
- -
10
11
W F � 31 � F--
� •
Nlin.bol o..o�3
286 lb�l 28/ I --- LgO .
M I ro,oio A I M �� io,o10 s� I ( io,oio M
I � a
to
Jz L _J vL J L J N
LOT 242
77.00' 1 77.00' 77.00'
N 54 49' 15" W LOT 241 582.07'
EXISTING FREDERICKTOWNE ESTATES LOT 240
SECTION 12 I
EX. ZONING: RP - EX. USE: VACANT
MINIMUM
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR 25'
All lots are single family detached — traditional.
31A,100P.
All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way
anjd�a 1,0''�Ujtility andjj�D,rainage Easemeenntt along{}all,,property lines. ¶LL' IPlrsl4tlC�IlaIlc1lL��owme J_L've� l4�lrs.� �U�IL�®IlIl URqWN
DATE: MAY 1, 1996 SCALE 1- = 50' FILE#: 6004:"PL-15.Dgiibert w. clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150-c ads ci".wia, Drive 200 North Cameron sa..t 3
FrederickAxw% Virginia 22401 Winchester. Virginia 22601 OF
(540) 696-2115 0 25 50 100 (540) 667-2139 5
61K 370FG1171
N/F VALLEY MORTGAGE & INVESTMENT CORP. 0 Denotes iron rod
08 526 PG. 584 to be set on property
EX. ZONING: RP — EX. USE: VACANT line 35' from
right—of—way line.
S 54"49' 15" E _ _ 649.05' _
81.139 81.13' 81.13'
I:o�t l 2'I7 I 1276 Iu":o 0 I 275 l. 0 l'T
ror"r� I= =I ror4r� I "I rorAr5F ItoFIN
M tM M
MINIMUM _ I Z
SL L Zl L N
SMACK J I_
REQUIREMENTS I I
FRONT = 35'
SIDE = 10'
REAR = 25' _ 81_13� _ _ 81.13' _ L 81.13_
u�
U.
0
_ S 54 49' 15" E _ _ 657.12' t
t
Lu
MCW60MEWY CIRCLe 50' I'/ W
to W
W W
N I 77.00' F 77.00' 77.00'
I I
7w F �3.1� �1� �31�
NIA o f L' I=� o l` I .: I --85 I o l o
CICIro,oro � M ro,oro s� ro,oro M N
IM ^ I I I IM
I z L — — J 01 L — — J I L — — J cn, L
_ 77.00' _ L 77.00' 77.00'
LOT 247 N 54 49.150 W LOT 246 LOT 42 582.07' LOT 241
EXISTING FREDERICKTOWNE ESTATES EXISTING FREDERICKTOWNE ESTATES
SECTION 13 ` SECTION 12
EX. ZONING: RP i EX. USE: VACANT J EX. ZONING: RP — EX. USER. VACANT
All lots are single family detached — traditional.
�'tH OF y All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
r anjdj�a 10''�Ujtility and Drainage Easement along all property llines,.��},, ¶
P. DUANE� li' IP�+I�l1C�IlaIlC�►lA�®�IIIlC�i Jl'de�lL�►s� I�l.11ll®II� 11
BROWN "''
V yp� y a DATE: MAY 1. 1996 SCALE 1" s 50' FILE#: 6004: "PL-15.DWG"
NO. 2285 gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Me Greenwich Drive 200 Nash Cameron Street 4
C qVO SURVE"Oq. Froda kkW u,% Virginia 22401 Winchester. VkVnic 22601 OF
(540) 898-2115 0 25 50 100 (5Q) 667-2139 5
S
1
6K8101"G1112
• Denotes iron rod N/F VALLEY MORTGAGE & INVESTMENT CORP.
to be set on property DB 526 PG. 584
line 35' from EX. ZONING: RP - EX. USE: VACANT
right—of—way line.
S 54 49' 15' E 649.05'
LOT 224
EXISTING
FREDERICKTOWNE
ESTATES
SECTION 11
EX. ZONING: RP
EX. USE: VACANT
EX. MONTGOMERY
CIRCLE
81.13' T 81.13' 81.14'
o F--� i ---1 wF---1 3
a l 2'80 I 1279 to `I 278 to `I
N) �oi� (e a I ioi,1r" IN i 10,142� IN i N
O
M 81_13� _ _ 81.13' _ 81.14_
z 0
0 0
N _ S 54'49' 15' E _ 657.12' to
0 MCW60WRY GIPCLe 50' Rl W
1n w
N w
41.17'
— — —T—
85.04'
—
77.00'
w
I
I
LOT 225
10
�
'*
I.,
♦I
�3I F
�
�3� —
EXISTING
FREDERICKTOWNE ESTATES
to
281 P.
0
I
282
I
0
285
SECTION 11
EX. ZONING: RP
Z
0
M
'O�aO
M
�I
O
EX. USE: VACANT
lin r-I
toI
ti
or.(n L__J�f"L__
LOT
249
SAS
MINIMUM
Iy 43.07'
77.00'
I
SETBACK REQUIREMENTS N 54 49' 16' W / 582.07'
FRONT - 35' LOT 248 LOT 247
SIDE 10' EXISTING FREDERICKTOWNE ESTATES /
REAR 25' / SECTION 13
EX. ZONING: RP EX. USE: VACANT
All lots are single family detached — traditional.
r
TH OF All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
Lj anjd�a 10' Utility and Drainage Easement along }all property lines. �} ¶
,� P. DU x LC iced aef kgowme Tsgftte3 �' s@'C�I olm 0
BROWN '-'
Vyp� 9 DATE: MAY 1. 1996 SCALE : 1" - 50' FILEip. 6004:"PL-15.DWG"
NO. 1285 gilbert w. clifford & associates. Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS SHEET
150—C aide Greenwich aloe 200 North Cameron Street 5
O
FrmWkk*tw% WgMhic 22401 Wlneheetw. MrgMda 22601
Np SURVEY (w) 696-2115 0 25 50 100 (540) 667-2139 OF
VIRGINIA. FREDERICK COUNTY, SCT.
This in tr nt of t was to me on the
a with plicate of acknowledgment thereto annexed
was admit ad
to rocad. Tax imposed by Sec. 58'54.1 of
rand 58.54 have been paid, if assessable.
- ---------
B1t870PG 1 164
THIS DEED OF DEDICATION, made and dated this ���W� day of May,
1996, by and between TOP OF VIRGINIA DEVELOPMENT CORIYORATION, 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
May 1, 1996, known as Fredericktowne Estates, Section 15;
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 15, situate in Opequon Magisterial District, Frederick County, Virginia,
and being more particularly described by the aforesaid plats of P. Duane
Brown, L.S., dated May 1, 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 t,
the following restrictions and covenants which are covenants running with th
land, and shall be binding upon all parties having any right, title and interes
in and to the aforesaid lots or any part thereof, their heirs, successors any
assigns, and shall inure to the benefit of each owner thereof.
1. The lots shall be used exclusively for residential purposes. Nc
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 of
professional services, or which may constitute any other kind of business
solicitation in or from any residence or residential property. 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.
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
nor shall anything be done or placed thereon which may become an annoyai
or nuisance to the neighborhood. Owners shall at all times maintain th
property and all appurtenance thereto in good repair and in a state of n
appearance. All lawn areas shall be kept mowed and shall not be permitted
grow beyond a reasonable height.
OK87OPG 1 165
4. No sign of any kind that is illuminated and/or larger than to
square feet shall be displayed to the public view on any lot, except temporaz
real estate signs not more than four square feet in area advertising tt
property for sale or rent, and except as provided elsewhere herein.
5. No animals shall be kept or maintained on any lot except commc
household pets such as dogs and cats, provided that they are not kept, bre
or maintained for commercial purposes and do not create a nuisance c
annoyance to surrounding lots nor the neighborhood and are in strii
compliance with applicable Frederick County ordinances.
6. Trash and garbage containers shall not be permitted to remain i
public view except on days of trash collection. No accumulation or storage 4
litter, new or used building materials, or trash of any kind shall be permitte
on any lot.
7. The exteriors of all structures, including walls, doors, windows an
roofs, shall be kept in good maintenance and repair. No structure shall t
permitted to stand with its exterior in an unfinished condition for longer the
six months after the commencement of construction. in the event of fir
windstorm or other damage, the exterior of no structure shall be permitted I
remain in a damaged condition for longer than three months.
8. No single story dwelling shall be erected upon said lot shown on tt
attached plats which shall contain less than 1,500 square feet of finished floc
area. No multiple story dwelling shall contain less than 800 square feet i
ground floor area. All residential structures facing a street must be at leas
26 feet wide. Such areas shall be exclusive of porches, patios, car port.
basements, and attics. Any garage, carport or car shelter constructed on sai
lots shall be attached to and be a part of the main structure. Top of Virgin.
Development Corporation reserves for itself and its successors in interest tF
right to determine what structure is to be regarded as a two-story dwellin
so long as any lot in the subdivision is unsold. Split foyer and Cape Cc
style dwellings shall contain not less than 1,000 square feet on the main livin
area.
9. No lot on the attached plats shall at any time be subdivides
conveyed, leased, nor sold except as a whole, unless such subdivisioi
conveyance, lease or sale involves multiple lots so that each of the portior
into which the lots are divided for the purpose of subdivision, conveyanc
lease or sale results in the lots being created for the purpose of suc
subdivision, conveyance, lease or sale, as well as each of the lots remainin
after such subdivision, conveyance, lease or sale, being of a size larger the
the lots as shown on the plats which is recorded with this instrument. Top c
Virginia Development Corporation, however, for itself and its successors i
interest, reserves the right to resubdivide any of the lots shown on tt
attached plats and to alter, amend and change any lot lines or subdivisic
plan so long as it owns any of said lots.
10. No fence, hedge or other visual barrier shall be erected or plante
in the front yard of any lot shown on the attached plats, and no tree, hedg,
or shrub planting shall be maintained anywhere on any lot in such a manne
as to obstruct sight lines for vehicular traffic. Fencing of back yards me
include side yards to a limit of one-half the depth of each dwelling only. An
fence or wall built on any lot shall be maintained in a proper manner so e
not to detract from the value and desirability of surrounding property.
11. No junk vehicles, recreational vehicles, house trailers, or commercL
industrial vehicles, such as (but not limited to) moving vans, trucks, tractor
trailers, vans, wreckers, hearses, buses, boats, boating equipment, tray,
trailers, or camping equipment shall be regularly or habitually parked on an
public streets within Fredericktowne Estates Section 15, or otherwise parke
within the boundaries of the subdivision. No vehicle may be parked for
period greater than sixty days on any lot or on any platted street as show
on the attached plats unless such vehicle bears a currently valid Virgin'
vehicle inspection windshield sticker. Notwithstanding the foregoing, Top c
BK870PG 1 166
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 development from residential to commercial. This
waiver shall not affect the binding effect of the covenants, restrictions, and
conditions upon any other lots. Top of Virginia Development Corporation does
further reserve the right for itself and its successors in interest to impose
additional restrictive covenants, conditions, reservation, and restrictions on
any or all lots and such imposition shall not affect the binding effect of these
provisions upon any other lots.
17. Any Fredericktowne Estates, Section 15, 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 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 all boundary lines
of each lot and along those areas intended for public access on the attached
plats. 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.
2. 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
BK870PG 1 167
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 Vir
Development Corporation:
DA
[SEAL]
Y, President
STATE OF VIRGINIA
_MTY OF WINCHESTER, to -wit:
(�_YAN7y
Acknowledged before m this jy��* day of /��-:G, 1996, by Dav
B. Holliday, who is President of Top of Virginia Developeent Corporation,
Virginia corporation, on behalf of the corporation.
_ )JU,J_e-u,' T- (_,1;J *
NOTARY PUBLIC FOR THE STATE OF VIRGINIA
My commission expires: C(-(7 3 9 7.0>-
PC REVIEW: 6/5/96
Subdivision Application #004-96
Fredericktowne Estates, Sections 14 & 15
LOCATION: This property is located east of Stephens City; northeast of Fredericktowne Estates -
Sections 11 - 13.
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 9.9804-acre tract into 33 lots.
REVIEW AGENCY COMMENTS:
Department of Transportation: A drainage easement will need to be provided on the
northeast corner of Lot No. 266. A prime application rate as shown will need to be added to
the street typical section.
Sanitation Authority: First review, approved as noted.
Inspections: Buildings shall comply with Virginia Uniform Statewide Building Code and
Section 310, Use Group R (Residential) of the BOCA National Building Code/1993. Lot
#270, 269 and 268 shall require site plans showing lowest floor elevation and foundation
drainage. Foundation walls of all lots shall meet the requirements of Section R-306.2 of the
1993 CABO building code amendments for waterproofing of walls enclosing habitable -or
storage space below the exterior grade.
Fire Marshal: See attached letter from Douglas Kiracofe, Fire Marshal.
Fredericktowne Estates
Subdivision #004-96
Page 2
Parks & Recreation: No comments
County Engineer: See attached letter from Harvey E. Strawsnyder, Jr. dated April30,
1996.
Frederick County Public Schools: See attached letter from Thomas Sullivan,
Administrative Assistant to the Superintendent
Planning and Zoning: This is the final two sections of Fredericktowne Estates. This
development has an approved master plan and this request is in conformance with the master
plan. Staff concurs with the comments of the County Engineer and supports the
requirements of individual lot site plans for the listed lots.
STAFF RECOMMENDATIONFORJUNE 5,1996 PLANNING COMMISSION MEETING:
All preliminary requirements having been met, approval with the condition that all review_ agency
comments be complied with would be appropriate.
c
. 4
Date: May 1, 1996
Applicant/Agent:
Address:
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINNIAA
Application # 004 ` % t7 Fee Paid ✓
Gilbert W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, VA 22601
Phone: (540) 667-2139 FAX: (540) 665-0493
Owners name:
Address:
Top of Virginia Development Corporation
P.O. Box 2715
Winchester, VA 22604
Phone: (540) 667-2120
Please list names of all owners, principals and /or majority
stockholders:
Mr. David B. Holliday Mr. Ron Shickle
Contact Person: P. Duane Brown
Phone: (540) 667-2139
Name of Subdivision: Fredericktowne Estates, Sections 14 & 15
Number of Lots 33 Total Acreage 9.9804 Acres
Property Location: East of Stephens City; NE of Fredericktowne Estates -
Sections 11 - 13
(Give State Rt.#, name, distance and direction from
Magisterial District Opequon
Property Identification Number (PIN) ) Part of 75-A-72
8
tersect.
e
w
Property zoning and present use: RP Zoning and Vacant Use
Adjoining property zoning and use: RP and RA Zoning and Vacant and
Residential Uses
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 No xx
If yes, specify what changes: N/A
Minimum Lot Size (smallest lot) 10,000 Square Feet
Number and types of housing units in this development:
Number
Types 33 single family detached
Comment sheets and plans delivered on March 1, 1996 to: FEES: Base Fee $1,000
VDOT
FCSA 10 Lots @ $90.00 $900
Fire Marshall 23 Lots @ $45.00 $1,035
County Engineer Total $2,935
Inspections
Parks and Recreation
Lord Fairfax Soil & Water
Schools
4
COMMONWEALTH ®f VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE
COMMISSIONER P.O. BOX 278
EDINBURG, VA 22824-0278
May 9, 1996
Mr. P. Duane Brown, C.L.S.
C/O G. W. Clifford & Associates, Inc.
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
�m
WILLIAM H. BUSHMAN, P.E.
RESIDENT ENGINEER
TELE (540) 984-5600
FAX (540)984-5607
Ref: Fredericktowne Estates
Sections 14 & 15
Route 1063
Frederick County
This is to acknowledge receipt of your revised plans dated April 30, 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 Road System.
• Attached is a copy of the minimum requirements and information needed prior to acceptance
of subdivision streets into the Secondary System. This is the responsibility of the developer.
• All drainage is to be carried 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
I
• 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 Standard 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
backflled completely with C.R 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
Mr. S. A. Melnikoff (w/ two sets of plans)
Mr. D. E. Lee
Mr. H. E. Strawsnyder
Frederick County Department of Planning
Mr. Dave Holiday
Mr. Jerry King
Ms. Kim Hickerson, Chairperson - WFUCC
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 (54C) 98 4-560C
FAX (540;984-5607
April25, 1996
Mr. P. Duane Brown, C.L.S. Ref: Fredericktowne Estates
C/O G. W. Clifford & Associates, Inc. Sections XIV & XV
200 North Cameron Street Frederick County
Winchester, VA 22601
Dear Duane:
As requested, we have reviewed your site plan dated January 23, 1996 for the
referenced project. Our comments may be found on the enclosed plans marked in
red and as follows:
1. A drainage easement will need to be provided on the northeast corner of
Lot No. 266.
2. A prime application rate as shown will need to be added to the street typical
section.
Please revise and resubmit five sets of the plans for final approval. Should any
changes be deemed necessary, please design them to meet or exceed the above
recommendations.
If you have any questions, please let me know.
RBC/rf
Enclosure
xc: Mr. T. L. Jackson
Mr. S. A. Melnikoff
Mr. R. W. Watkins
Mr. Dave Holliday
Sincerely,
a, J / .
Robert B. Childress
Trans. Permits & Subdivision
Specialist Supervisor
TRANSPORTATION FOR THE 21 ST CENTURY
REQUEST FOR SUBDIVSION COMMENTS
Frederick County Sanitation Authority
Attn: Engineer Director
P.O. Box 618
Winchester, Virginia 22604
(540) 665-5690
The Frederick County Sanitation Authority is located at 199 Front
Royal Pike in Winchester, if you prefer to hand deliver this
review.
Applicants name, address and phone number:
TOP OF VIRGINIA DEVELOPMENT CORP. - c/o P. Duane Brown
Gilbert W. Clifford & Associates, Inc., 200 N. Cameron Street, Winchester, VA -22601
Phone: 540-667-2139 Fax: 540-665-0493
Name of development and/or description of the request:
Fredericktowne Estates - Sections 14 & 15
Location:
East of Stephens City; NE of Fredericktowne Estates - Sec. 11 - 13
Sanitation Authority Comments:
/ 5Tfir"Y,E'w - 4AOO DV. -Aid .Of S iYoT�4 - 4 /TX# .r -
/P�CED _2 S6'IS
f-141571c a/=
Sanitation Authority Signature & Date: :dzlt1/Y�-fo-P, Q�
(NOTICE TO SANITATION AUTHORITY * RPTORN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map and all
other pertinent information.
Date: February 29, 1996
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Inspections Department
Attn: Building Official
107 North Rent Street
Winchester, Virginia 22601
(540) 665-5650
The Frederick County Inspections Department is located at 107 North
Kent Street, 4th Floor of the County Administration Building in
Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
TOP OF VIRGINIA DEVELOPMENT CORP. - c/o P. Duane Brown
Gilbert W. Clifford & Associates, Inc., 200 N. Cameron Street, Winchester, VA 22601
Phone: 540-667-2139 Fax: 540-665-0493
Name of development and/or description of the request:
Fredericktowne Estates - Sections 14 & 15
Location:
East of Stephens City; NE of Fredericktowne Estates - Sec. 11 - 13
Inspection Department Comments: Building shall comply with Virginia Uniform
Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA National
Building Code/1993. Lot # 270, 269 and 268 shall require site plans showing lowest
floor elevation and foundation drainage. Foundation walis ot aii iots--s-FaTIT—meet
the requirements of Section R-306.2 of the 1993 CABO building code addmendments for
waterproofing of walls enclosing habitable or storage space beiow the exterior grade:
Code Administrator Signature & Date:
(NOTICE TO INSPECTIONS DEPT.*PLEASE RETURN THIS FORM T� APPLICAN ,')
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map and all
other pertinent information.
Date: February 29, 1996
S"ec , I" - elS
M M D D Y Y X X C
DEPARTMENT OF FIRE AND RES' --
COUNTY OF FREDERICK
107 N. Kent St.
Winchester, VA 22601
540.665.6350
A DATE
ARRIVAL
DEPARTURE
I INSPECTORS NAME
I TYPE OF INSPECTION
1" krtchen/hood
M M D D Y Y
H H M M
H H M M
LAST
FIRST
1 1` I I 1 1 I
I I I I' I "' I `' f I
2" sp nklar ss
3" alarm system
4" overhead door
STREET NUMBER
STREET NAME
SUIT, APT
SRA
il
I I I 1 I
I I I I I I I I
I I I I I I I I I I I I I I I
t I I I I
lP l I 1
5" new building
6LU burning permit
7U blasting
OCCUPANT
TELEPHONE
!f' h�- I� I �I� I 1' f I I• f F I' ` I` I I'
1 I' F I I I I I I I I
t I I I -I
I I I -I I I I I
8" fumigation
9" lent
MANAGER/REPRESENTATIVP_ BUSINESS
TELEPHONE
tot fJJ plan review
11 U ust installation
12U ust leak
13" ust removal
14" ust liquid spill
C BUILDING OWNERS LAST NAME
OWNERS ADDRESS
TELEPHONE
15" annual inspection
FIXED PROPERTY L I I I
NUMBER OF STORIES
16" complaint
17U violation
CONSTRUCTION TYPE
1 U fire resistive 3 LU protected non-combustible
5 U protected ordinary 7 I-1 protected wood name
9 U not classified
2 LJ heavy timber 4 IU unprotected non-combustible
6 UI unprotected ordinary B unprotected wood
0 U undetermined
18 (U fire lane inspection
19 UJ fire lane approval
FIRE PREVENTION PERMIT If
RE -INSPECTION DATE
MAXIMUM OCCUPANCY LOAD
re
2201 U -inspection
V Y
M M D D Y
I I
PEIuI--IJI
IL-J I IUldoer
INSPECTION
GUIDELINE -CORRECTIONS REQUIRED _
The Following Conditions Need Corrections:
BUILDING
EXIT AND EGRESS
❑ 61. Unapproved or Defective Gas Connection
❑ 1 Space Under Stairs Used for Storage Purposes
❑ 31. Inadequate Means of Egress
❑ 62. Damaged or Deteriorated Vent Pipe on Gas Burning Appliance
❑ 2 Broken Ceilings and%or Watts - Exposed Lath on Ceilings and/or Walls
❑ 32. Second Means of Egress Not Readily Accessible
❑ 63. Vent Hoods, Vent Farts and%or Duct Systems Need Cleaning
(Unnatural Openings)
❑ 33. Aisles and%or Passageways Obstructed
❑ 64. Combustibles Being Stored Near Hot Water Heater
❑ 3 Defective and%or Unapproved InctneraV and%or Spark Arrestor Screen
❑ 34 Panic Hardware (Anti -Panic Latches and Botts) Required on Exit Doors
❑ 4 Cardboard Ceilings and/or Walls
❑ 35. Discharge From Exits, Outside Building, Etc.
ORDINARY HAZARDS
❑ 5 Fire Door Not Serviceable
❑ 36, Exitway Blocked and/of Obstructed
❑ 65, Poor Housekeeping Conditions
❑ 6. Fire Door Blocked or Wedged Open
❑ 37. Exit Door Locked and%or Barricaded
❑ 66. Improper Storage
❑ 7 Oil Soaked Wood Floors
❑ 38. Exit Not Property Designated or Marked
❑ 67 Storage of Floor Oils, Cleaning Compounds, Waxes, Polishes, Etc.
❑ 8. Ahlc Areas Open to the Outside. Screen to Prevent Entry by Birds
❑ 39. Exit Lights Provided But Not Operative
❑ 68 Storage of Excelsior, Straw, Sawdust, Burlap, Etc.
❑ 9 Doors Requiring Sett -Closing Devices Not So Equipped
❑ 40. Illummabng Directional Signs to Exits Required
❑ 69. Metal Drip Parts Required, But Not Provided
❑ 10, Prohibitive -Should Be Razed
❑ 41. Exit Door Swinging Against Line of Exit Travel
❑ 70 Excessive Grease on Stove
❑ 11.Open and Exposed Foundation Beneath Building
❑ 42. Stairways Not Property Enclosed and%or Equipped With Non -Standard Doors ❑ 71. Cockioft Cover Off
❑ 12. Post Max Occupancy Load
❑ 43. Stairways Not Property Illuminated
❑ 72. Unapproved Trash Containers
❑ 44 Emergency White Lights
ELECTRICAL
❑ 13 Illegal andmr Boot -Leg Wiring
FIRE PROTECTION
SPECIAL HAZARDS
❑ 73 Unnecessary and%or Disorderly Accumulation of Boxes, Cartons, Etc..
❑ 14 Inadequate Service and%or Insufficient Circuits
❑ 45 Fire Extinguishers Required, But Not Provided
❑ 46. Fire Extinguishers Need Rechargingilnspection
Collapse -Maintain Orderly Arrangement
"No
❑ 15 Insufficient Receptacles
❑ 16 Defective, Deteriorated or Spliced Wiring
rig
❑ 47. Unapproved Type Fire Extinguishers
❑ 74. Smokulp in Hazardous Location, Smoking" Sigits Needed
❑ 75. Flammable aids and/or Gases Ion
�g ably Used a ndir Stored
❑ 17. Defective and%or Broken Fixtures
❑ 48. Fire Extinguishers Not Properly Mounted 4'-60'
❑ 49. Fire Extinguishers Not Readily Visible
❑ 76. Inadequate Ventilation in Hazardous Location
❑ 18. Defective andmr Broken Switches and/or Sockets
❑ 50. Standpipe Hose DeterbratediNot RackedChains)
1177. Storage of Compressed GasCyknders Without Proper Anchorage (Radio or
❑ 19. Circuit Breakers By -Passed or Blocked Open
❑ 20 Oversize Fuses and%or Circuit Breakers Set Too High
❑ 51. Fire Protection System
❑ 78 Oxygen Cylinders Being Stored and/or Used in Greasy or Oily Locations
❑ 21, Pennies Behind PlugFuses
Type
❑ 52. Defective Standpipe Nozzles
❑ 53 Standpipe System Disconnected
❑ 79 0 Cyknd
Oxygen Cylinders Being Stored Near Acetylene a Fuel Gas ors
O 22, Metal Ship a fuse Holder Cut Back
❑ 23 Fuses Jumped or Bridged
❑ 54. Sprinkler Heads, Cut -Offs a Siamese Blocked
Materials Being Stored With Acids, Sulphur. Etc.
❑ 81 Unapproved
❑ 81 Unapproved and/or Hazardous Paint Spraying
❑ 24, Open Junction Box and/or Fuse Box
❑ 55. Inadequate Sprinkler Head Clearance 08 inches Required)
❑ 56. Sprinkler Valves Not Properly Identified
❑ 82 Trash Roorn Door Not Equipped With Sed-C
q 9 Device
❑ 25. Fuse Panel Obstructed and/or Inaccessible 30'
❑ 83.Open flame Heating in Hazardous Location
O 26. Motors and%or Fans Dirty or Dust Covered
HEATING AND COOKING
❑ 84. Vacant at Time of Inspection
O 27. Unapproved Extension Cordsaop Cads
❑ 57 Defective Heabng Unit -Furnace, Gas Boiler, Stove, Heater, Etc.
❑ 85. Locked at Time of Inspection
O 28. Excessive Use of Multiple Outlet Plugs
❑ 58. Defective Cooking Unit -Range, Hot Plate, Etc.
❑ 86. See Supplement Sheet
❑ 29. Lamps, Fixtures, Equipment Etc., Not Property Enclosed (Hazardous
❑ 59, Gas Meier Blocked and/or Obstructed/Not Protected
Locations Only)
❑ 60. Furnace, Boiler, Heating, Cooking andmr Smokepipe and Vent Pipe
87. IN THE OPINION OF THE INSPECTOR, THERE WERE NO HAZARDOUS
•❑ 30. Dead and Unused Wiring, Should Be Removed
Clearances, From Combustible Materials, Not Standard
CONDITIONS IN THIS AREA AT THE TIME OF THIS INSPECTION
COMMENTS
The conditions reported on this form reflect the preir Isis as observed by our inspector, at the lone of inspection. Any error or ornmission regarding 0A safety or conditions regarding fire pi em am
we txoirdentional and are root deemed the fault of the county.
SIGNATURE OF INSPECTOR
IF
RECEIVED BY
FOW ES-1
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.0325963136 Date Received 030196 Date Reviewed 032596
Applicant G.W. Clifford and Associates
Address 200 N. Cameron St.
Winchester, Virginia
22601
Project Name Fredericktowne Sects. 14-15 Phone No. 667-2139
Type of ApplicationSubdivision Current Zoning RP
1st Due Fire Co. 11 1st Due Rescue Co. 11 Election DistrictOpequon
Tax I.D. No.
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler SystemXX
Automatic Fire Alarm SystenKX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate XX Inadequate Not Identified
Fire Lanes Required Yes No XX
Comments
Roadway,Aisleway Widths Adequate XX Inadequate Not Identified
Special Hazards Noted Yes No XX
Comments
Hydrant Locations Adequate Inadequate XX Not Identified
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes XX No
Plan Approval Recommended? Yes No XX
Signature -',- Title
Frederick County Fire and Rescue Dept.
Office of the Fire Marshal
107 N. Kent St.
Winchester, Virginia 22601
Re: Fredericktowne Estates, Sections 14-15
Attn: P.Duane Brown, C.L.S.
Dear Mr. Brown,
I've just reviewed the Subdivision Plan submitted for the above project. As drawn, the
coverage for hydrants fails to meet Frederick County Chapter 10, which requires a
hydrant within 400' of all single family dwellings. Unless there is an existing hydrant on
Warrior Drive that can be counted, thus allowing the hydrant on Montgomery to be
moved west, an additional hydrant will be necessary to meet the distance requirements.
Please let me know as soon as you can whether there is another hydrant, or if you are
going to add one.
Thank you.
Douglas A. Kiracofe, r
Fire Marshal L
cc: File
COUNTY of FREDERICK
Public Works Department
Harvey E. Strawsnyder, Jr., P.E.
Director
April 30, 1996 540/665-5643
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 14 and 15
Frederick County, Virginia
Dear Duane:
We have completed our review of the proposed subdivision plans for sections 14 and 15 of
Fredericktowne Estates and offer the following comments:
1. Sheet 4 of 8:
Provide a comment under construction notes referring to the appropriate OSHA requirement for
utility trenches (i.e., safety requirements for shoring, etc.). Based on the proposed excavation
depths along Warrior Drive, it is anticipated that the utility contractor will need to be reminded of
the requirements for a safe excavation.
2. Sheet 4 of 8:
Individual site plans will be required for the following lots: 262, 263, 264, 269, 270, 283 and
284. Also, dedicated drainage easements may be required behind lots 262, 263 and 264. A
drainage easement may also be required between lots 283 and 284.
A formal resubmittal will not be required. However, we would appreciate a set of revised
plans for our future reference.
Sincerely,
Harvey Strawsnyder, Jr., P.E.
Director of Public Works
107 North Kent Street
Winchester, Virginia 22601
Frederick County Public Schools
1415 Amherst Street
Post Office Box 3508
Winchester, Virginia 22604-2546
Telephone: (540) 662-3888 — FAX (540) 722-2788
Administrative Assistant to the Superintendent
Mr. P. Duane Brown March 4, 1996
Gilbert W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, Va. 22601
Dear Duane:
I am in receipt of your request for comments concerning
Sections 14 and 15 of Fredericktowne Estates at the following
location: East of Stephens City; Northeast of Fredericktowne
Estates -Sections 11 - 13.
It is our understanding the proposed use of this property is
for the construction of 33 single family homes as indicated in the
plans.
We feel this proposal will have an impact on current and
future school facilities. We recommend these concerns be addressed
during the approval process.
Please contact me at your earliest convenience if you should
require any additional information.
Sincerely,
T omas Sullivan
Administrative Assistant
to the Superintendent
CC: R. Thomas Malcolm, FCPS
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Parks and Recreation Dept.
Attn: Director of Parks and Recreation
P.O. Box 790
Winchester, Va. 22604
(540) 665-5678
The Frederick County Parks and Recreation Department is located on
the second floor of the Frederick County Administration Building,
107 North Kent Street, Winchester, if you prefer to hand deliver
this review form.
Applicant's name, address and phone number:
TOP OF VIRGINIA DEVELOPMENT CORP. - c/o P. Duane Brown
Gilbert W. Clifford & Associates, Inc., 200 N. Cameron Street, Winchester, VA 22601
Phone: 540-667-2139 Fax: 540-665-0493
Name of development and/or description of the request:
Fredericktowne Estates - Sections 14 & 15
Location:
East of Stephens City; NE of Fredericktowne Estates - Sec. 11 - 13
Parks & Recreation Dept. Comments:
No comment
Parks Signature and Date:
(NOTICE TO PARKS - PLEASE RETURN THIS FORM TO THE APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, cation form.
Date: February 29, 1996
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 25, 1996
Mr. P. Duane Brown, C.L.S.
C/O G. W. Clifford 81 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 14 8t 15
Frederick County
We have received your site plans dated January 23, 1996 for the referenced project. We
have forwarded them to our District Office in Staunton for review. Once we receive any
comments we will forward them to you. For your information a review of this nature will
take approximately sixty days.
In the meantime if you have any questions, please let me know.
RBC/rf
xc: Mr. T. L. Jackson
Mr. S. A. Melnikoff
Mr. R. W. Watkins
Mr. Dave Holliday
Sincerely,
Robert B. Childress
Trans. Permits at Subdivision
Specialist Supervisor
TRANSPORTATION FOR THE 21 ST CENTURY
68
,1. -J� Lii 0a 1
FINAL PLAT
FTedeAchowme
0 e uon Ma isterial District Frederick County, Virginia
Stephe Pit : • ••o: _ i Radio — PROJECT
a
�8M L •�• I a Facility;
Jl..':• '`:,e • .' r.. .,�,. AREA
740
is +l i. .� ,,,• J:•;�•.•:' / ••��
it • � .�'l �� � . \ jtl � \• ,r , ,' �•
�a INTE Vicinity Map
y 78 Scala 1'-2000•
AP R Y
Frederick County Sanitation Authority _ _ Date "ii(
Planning Commission Date
Subdivision Administrator Date Z
Va. Dept. of Transportation Date 61,71.74
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Top of Virginia Development
Corporation, as appears in th companying plats, is with the free consent and in
accordance with the desire of he undersigned owners, proprietors, and rustee , if any.
Da e
.5 NOTARY PUBLIC
-�_, o No Public in d for the State of Virginia, at large, do certify
that �.: � ,o �y� d G G 1 ��7 whose names are signed to the
foregoing Owner's Certificate, have acknowled ed the sam fore me in my state.
Given under my hand this_a .-da of _ 1996.
My commission expires —1 •7/ r
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: MAY 1, 1996COVER SHEET FlLE# 6004:"PL-15.OWG"
gilbert w. clifford & associates, Inc.ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
1
g150—C Olds Greenwich Drive 200 North Carneron Street OF
Frederldcaburg, Virginia 22401 Winchester, Virginia 22601 5
(540) 898-2115 (W) 667-2139
BK810PG1169
The Frederick County Public Works Department will require Individual Site Plans for the following lots: 283
and 284.
Area Summary
Area in Lots J.7006 Acres
Area in R/W a 7543 Acres
TOTAL AREA SUBDIVIDED 4.4549 Acres
Number of Lots 16
Average Lot Size 10,075 Sq. Ft.
Open Space Easement Provided (This Section) 0 Acres
Total Open Space Easement Required to Date 17.2495 Acres
Total Open Space Easement Provided to Date 1ZJ787 Acres
EXIS77NG ZONING. • RP EXISTING USE. VACANT
e 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 y
Yam`' 1
P. DUANE
U /� BROWN
NO. 1285
H0 SUROR-
VEY ,4
All lots are single family detached — traditional
MINIMUM SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
R-ed IPIl howme 1lgftteo
DATE: MAY 1, 1996 AREA SUMMARY I FILE#: 6004: "PL-15.DWG"
gilbert w. clifford & associates, inc. SHEET
ENGINEERS — LAND PLANNERS — SURVEYORS 2
150—C Olde Greenwich DrIm 200 North Cameron Street OF
Fredwidwburg, Arginlo 22401 Winchester, Virginia 22601 5
(540) 898-2115 (5Q) 667-2139
,ER070FUG1.170
N/F VALLEY MORTGAGE & INVESTMENT CORP.
DB 526 PG. 584
EX. ZONING: RP — EX. USE: VACANT
S 54'49' 15" E 649.05'
- 1 81.13' 81.13'
-1w F 7w F -1 3
1 275 rLoo -ol 27A ��lol 273 loin
IM1 `1 10,l41 � IM I P I IO,l f15F I '1 M
81.13' 1 81.13'
U.
0
,it S 54 49' 15" E 657.12'
r — — — —
V) MONT460MMY CRUX 50' R/ W
w
Z T 77.00'
LOT 242
77.00'
3�
O �I 287 I =
O .
M MI 10,0105F
77.00'
• Denotes iron rod
to be set on property
line 35' from
right—of—way line.
PROPOSED
FREDERICKTOWNE ESTATES
SECTION 14
EX. ZONING: RP
EX. USE: VACANT
F - - W 3:
1-288 b) LO
I O d'
10,0101';F I610
LO
in
v,L —
— J
L —
u,
— I
I MINIMUM
77.00' 77.00' 77.00' SETBACK REQUIREMENTS
N 547471515 - W 582.07' FRONT = '
LOT 241 SIDE = 10
EXISTING FREDERICKTOWNE ESTATES LOT 240 REAR = 25'
SECTION 12 I
EX. ZONING: RP — EX. USE: VACANT
All lots are single family detached — traditional.
�TH OF All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
yf anjd�a 1,00''�Ujtility end Drainage Easement along all property Mines. ¶
�► WN
P. DUANE LL' IlalS".ISLLC�.IlaIlCP►lA�owmes !1'dafteez � DJ1Cs dom U
V �,D,� Bcc�O, DATE: MAY WN
1, 1996 SCALE 1" = 50' FILE#: 6004: "PL-15.DWG"
NO. 2285 gilbert w. clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C ads Greenwich Drive 200 North Cameron street 3
qN0 SURv��O FrWridcoburg, Virginia 22401 Winchestr, Virginia 22601 OF
(540) 898-2115 0 25 50 100 (540) 667-2139 5
D'A370FG11 71
N/F VALLEY MORTGAGE & INVESTMENT CORP. • Denotes iron rod
DB 526 PG. 584 to be set on property
EX. ZONING: RP N EX. USE: VACANT line 35' from
S W49' 15" E 649.05' right—of—way line.
81.131 81.13' T 81.13'
� IlI':04bol5=�o�1�?o1
�N ^1 �N �N
N I M l-1 10,iM 5F 1 _1 1O,1M 5F I M C' I 1O,1,W "f I M I'' IN
MINIMUM Z
SETBACK JI _ _._i _ _I Zi _ Ito
REQUIREMENTS I I
FRONT = 35'
SIDE = 10'
REAR s 25' — 81_13� — — 81.13' — L 81.13_ —
,L 0
0 _ S 54 49' 15" E _ — 657.12' _ en
tz W
MON1-60W 'Y CRCLe 50' R1 W V)
kn W
W W
�N F 77.00' 77.00' 7W 1 1F_ 1F-71,T—
�� F
N I� o l 07 C11-0- I=� o f 284
�, IM 10,010 5� M 10,010 5F 10,010 SF M N �I IM �I I I
I z L J (n L J L J L
77.1?0' 77.00' 77.00'
/ N 54'4`9' 15' W 582.07''
LOT 247 / LOT 246 LOT 242 LOT 241
EXISTING FREDERICKTOWNE ESTATES EXISTING FREDERICKTOWNE ESTATES
SECTION 13 / SECTION 12
EX. ZONING: RP i EX. USE: VACANT EX. ZONING: RP — EX. USE:'i VACANT
All lots are single family detached — traditional.
�TH OF D All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
f an'(d�a 100,'�Ujtility and Drainage Easement along
�}all
,�property
lines.
P. DUANE J1' �1�W1�C1��®WMe ESlbl�s� DJ1�®M ag
V�,D� BROYM
9 DATE: MAY 1, 1996 SCALE 1" 50' FILE#: 6004: "PL-15.DWG"
P.
2285 gilbert w. clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Olds Greenwich Drtw 200 North Cameron Strut 4
q�O SURVE�0� Fredericksburg. Virginia 22401 Winchester, Virginia 22601 OF
(W) 898-2115 0 25 50 100 (540) W7-2139 5
r
BKB70PGIIl2
• Denotes iron rod N/F VALLEY MORTGAGE & INVESTMENT CORP.
to be set on property DB 526 PG. 584
line 35' from EX. ZONING: RP — EX. USE: VACANT
right—of—way line.
LOT 224
EXISTING
FREDERICKTOWNE
ESTATES
SECTION 11
EX. ZONING: RP
EX. USE: VACANT
EX. MONTGOMERY
CIRCLE
S 54 49' 15 E 649.05'
81.13' 81.13' 81.14'
o F___1 i F---1 WF- — —J :�.-f
Ui
of 280 I 1279 t0I 278 toI�
O O'O OIO�
w Ui
NI 10,1�! : I = _ ( /011 l � IN I MI 10,142 5F IN � MI N
I
1*
O
r
M 81_13' 81.13' _ 81.14_ _ in
z o U_
O
N _ S 54'49' 15' E _ 657.12'
w
MOW60MIWY COUX 50' Rl W N
N w
41.17' 85.04' � 77.00' I N
w
LOT 225
ILO
^ ♦ r
-]31
EXISTING
FREDERICKTOWNE ESTATES
O
M
r
%�1
�V
I=�
{
00
I
%R�% 0
��++vv``
'0 283
SECTION 11
EX. ZONING: RP
Z
���
O
M
'O�aO
M
O
EX. USE: VACANT
I:
(
I
I
LOT 249
MINIMUM 43.07' 77.00'
SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
pTH OF L
P. DUANE
O BROWN
NO. 1285
ENO SUR`JE-�O�
N 54 49' 15" W / 582.07'
LOT 248 LOT 247
EXISTING FREDERICKTOWNE ESTATES /
/ SECTION 13
EX. ZONING: RP i EX. USE: VACANT
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.
IFirefin-nc kgowmeb IEstateo a Secdolm Ilg
DATE: MAY 1, 1996 1 SCALE: 1" = 50' 1 FILE#: 6004: "PL-15.DWG"
gfibert w. Clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Olds Greenwich Drive 200 North Cameron Street 5
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF
(540) 898-2115 0 25 50 100 (540) 667-2139 5
VIRGINIA: FREDERICK COUNTY, SCT.
This in tr Mot t was p to meon the
t
sy i at , J
an with tificate of acknowledgment thereto annexed
was admit ed to record. Tax imposed by Sec. 5&54.1 of
s and 58.54 have been oaid . if assessable.
81t 810 PG 1 16 4 .� ;:5-
THIS DEED OF DEDICATION, made and dated this day of May,
1996, by and between TOP OF VIRGINIA DEVELOPMENT CORON, 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 th
real estate shown on the attached plats drawn by P. Duane Brown, L.S., date
May 1, 1996, known as Fredericktowne Estates, Section 15;
WHEREAS, said real estate, as shown on the aforesaid attached plats, ha
been subdivided into lots, which plats show the metes and bounds of th
subdivided land, together with the dimensions of each lot thereof and thos
certain drainage and open space easements, and easements reserved fo
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 15, situate in Opequon Magisterial District, Frederick County, Virginia,
and being more particularly described by the aforesaid plats of P. Duane
Brown, L.S., dated May 1, 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. 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.
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.
OK87OPG1165
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 and to alter, amend and change any lot lines or subdivision
plan so long as it owns any of said lots.
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. 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 15, 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. Notwithstanding the foregoing, Top of
BK870PG1166
Virginia Development Corporation or its successors in interest may, for f
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 it
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 placec
on any lot or attached to any dwelling.
13. The provisions of Paragraphs 4, 6, 7. 10, and 11 shall not apply tc
the construction or development of improvements on any lot by Top of Virginif
Development Corporation or its successors in interest, commencing within twc
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 lease
thirty days and must be subject to the rules and regulations set forth it
these restrictive covenants.
15. All lots are required to observe building restriction lines a;
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 foe
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 development from residential to commercial. This
waiver shall not affect the binding effect of the covenants, restrictions, anc
conditions upon any other lots. Top of Virginia Development Corporation doe.
further reserve the right for itself and its successors in interest to impose
additional restrictive covenants, conditions, reservation, and restrictions or
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 15, 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 Top of Virginia Development Corporation reserves unto itself, it, -
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 all boundary lines
of each lot and along those areas intended for public access on the attached
plats. 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.
2. 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
BK870PG1167
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
Development Corporation:
SEAL]
DAVIV,-B:'HO AY, President
STATE OF VIRGINIA
-CTTY OF WINCHESTER, to -wit:
(j%tAJy X�
Acknowledged before m this 61, day of 1996, by Day
B. Holliday, who is President of Top of Virginia Developident Corporation,
Virginia corporation, on behalf of the corporation.
NOTARY PUBLIC FOR THE STATE OF VIRGINIA
My commission expires: 1 3 1 7 9Y '
4
rt, ,•�� �!r`L
�t D
BX86%:"")0050
FINAL PLAT
Opequon Magisterial District Frederick County, Virginia
-4 PROJECT
Ste-18M ` •.., Radio
` 3• '` �;.' :O I 2. 0 Facility.• c
�1 ��• •• • • �;� AREA
740
I4T •! Vicinity Map l nn
may" 78 Scale: 1"=2000'
29—'
O Y
Frederick County Sanitation Authority ,,, Date
Planning Commission Date
Subdivision Administrator nka
Dated 6
Va. Dept. of Transportation C `.o1.c Date
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Top of Virginia Development
Corporation, as appears in the ccomponying plats, is with the free consent and in
accordance with the desire the undersigned owners, proprietors, and tr stees, if any.
eloy-
ate
i ���5 NOTARY PUBLIC
/ r ' /a Notary Public in a d for the State of Virginia, at large, do certify
that .�7a��D �' �` DG __ whose names are signed to the
foregoing Owner's Certificate, have acknowledged he some ore me in my state.
Given under my hand this— o of — ---- 1996.
My commission expires — 3%
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
P.Tax Map 75((A) as a portion of Parcel 72.
BROWN
DATE: APRIL 30, 1996 COVER SHEET FILE#: 6004:"PL-14.DWG"
Ngilbert w. Clifford & associates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORSSHEET
150—C Olde Greenwich Drive 200 North Cameron Street OF
Fredericksburg, Virginia 22401 Yinchester, Virginia 22601 6
(540) 898-2115 (540) 667-2139
61K3631-G
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
1
35.00'
53.93'
33.97'
48.75'
N 81'01'59" E
88'17'32"
2
35.00'
56.02'
36.06'
50.23'
S 08'58'01" E
91'42'25'
The Frederick County Inspections Department will require Site Plans showing the lowest floor elevation
and foundation drainage for Lots 268, 269 and 270 at the time of permit application.
The Frederick County Public Works Department will require Individual Site Plans for the following lots: 262,
263, 264, 269 and 270.
Area Summary
Area in Lots 4.4535 Acres
Area in R/W 1.0720 Acres
TOTAL AREA SUBDIVIDED 5.5255 Acres
Number of Lots 17
Average Lot Size 11,411 Sq. Ft.
Open Space Easement Provided (This Section) 0 Acres
Total Open Space Easement Required to Date 16.5813 Acres
Total Open Space Easement Provided to Date 1ZJ787 Acres
EXIS77NG 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
BROWN
NO. 1285
anNp SURVE�O,,g
All lots are single family detached — traditional
MINIMUM SETBACK REQUIREMENTS
FRONT = 35'
SIDE = 10'
REAR = 25'
I ff-( IldarIlc lkaowme IEsftaeo
geedum 16
DATE: APRIL 30, 1996 CURVE TABLE FILE#: 6004: "PL-14.DWG"
gilbert w. Clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
2
150—C 0lde Greenwich Drive 200 North Come-on Street OF
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 6
(540) 898-2115 (540) 667-2139
6K8b3FG0052
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30_00L30.001
N53'06'47'W 227.01' w:-
LOT 236 X ilf0 j > W N
W � n
Q Q' iEs
z
roo"�TH O.F
f
P. DUANE
O BROWN
NO. 1285
<qNO SURvE-�Orlc
SEE SHEET 4 OF 6 • Denotes iron rod to be set
260 — right—of—way
property line 35' from
right—of—way line.
S 53'06'47' E
+ 145.00' — —'—i
o
259
0
0
1
1
0
L
10,150 5F
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258
0
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1
00
1
11,600
1
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N/F COUNTY 0 PGF 42DER
_
EX. ZONING: RA
EX. USE: REGIONAL/
S 53'O6'47 E
LOCAL GOVERNMENT
I
145.0O'LO
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lo
I
256
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00
1
11,600 -9;
1
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—
MINIMUM
N
t •� ��
53'06'47" W 145.00'
SETBACK REQUIREMENTS
FRONT = 35'
LOT 229
EXISTING FREDERICKTOWNE ESTATES
SIDE = 10'
REAR = 25'
SEE SHEET 2 OF 6
EX.
SECTION 12
ZONING: RP — EX. USE:
VACANT
FOR CURVE TABLE.
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.
Tu-edwIl howme yoftteva oedn®Dn M
DATE: APRIL 30, 1996 1 SCALE : 1" = 50' FILE#: 6004: "PL-14.DWG"
gilbert w. Clifford & associates. inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Oide Greenwich Drive 200 North Cameron Street 3
Fredericksburg. Virginia 22401 Winchester, Virginia 22601 OF
(540) 898-2115 0 25 50 100 (540) 667-2139
6
6K363GG0053
N/F VALLEY MORTGAGE & INVESTMENT CORP. N/F JASBO, INC.
DB 526 PG. 584 DB 456 PG. 32
S 54'49' 15' E EX. ZONING: RP - EX. USE: VACANT 406.52' EX. ZONING: RP
EX_ USE: VACANT
81.14' 80.00' 12 83.' '
j 20' SEWER &
_ DRAINAGE EASEMENT
-1 7w � / 10' w 10' DRAINAGE
—If EASEMENT
9 2 8i*n oo270 co N OIN y w. OIN O
IMI�IIO,0005T (MIDI I0,I585F �N
zJ
� zL%�
81.14' LIJ 80.00' 79.40'
MON160WRY CIKCLC- 50' R/ W o
S 54'49' 1 rJ' E _ _ 393.98' 04 N/F COUNTY
440 PGF 42DERICK
w 21 8.90' 175.08' EX. ZONING: RA
= O EX. USE: REGIONAL/
N U') LOCAL GOVERNMENT
w — — N
N I 1 1 1 .09, I
2� o
261
I I \ 10p I I i� •Denotes iron rod
N to be set on
M,/M PO
to property line 35'
I O I r from right—of—way
to line.
I w 0 + S 53'06'47" E "'
_ — —
145.00' N MINIMUM
�M SETBACK REQUIREMENTS
zo
zo FRONT = 35'
I O O p ( SIDE = 10'
I o I I O REAR = 25'
z
`cam n O SEE SHEET 2 OF 6
1O'15O91� ^ FOR CURVE TABLE.
V 145.00' _
SEE SHEET 3 OF 6 259 53'06'47" w
L%
All lots are single family detached — traditional.
�TH OF All "lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
Gr and a 10' Utility and Drainage Easement along all property
lines. f�
P. DUANE
BROWN
9 DATE: APRIL 30, 1996 SCALE : 1" = 50' FILE#: 6004: "PL-14.DWG"
NO. 1285 gilbert w. Clifford & associates, ,. inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C 01de Greenwich Drive 200 North Cameron Street 4
�'QN '(&' Fredericksburg, Virginia 22401 Winchester, Virginia 22601
O SURV� (540) 898-2115 0 25 50 100 (540) 667-2139 OF
3K063 0 0 5 '
FREDERICKTOwNE ESTATES SEE SHEET 6 OF 6 ^�6
SECTION ZONIN 15 26 7 L
EX. ZONING: RP
X. USEEVACANT — — —
* Denotes iron rod
to be set on
property line 35'
from right—of—way
line.
LOT 240
LOT 239
LOT 237
S 54!49' 15" E 176.18'
'
265
�
I
0
N
15,909
I
°'
L
-
J
— S 53'06'47"
E _
173.90'
M
O
26 AI
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co
15,502 �F
171.60'
—
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I
15,125�
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—
S 53'06'47'
E
Li
169.31 '
_
—
rn
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262
of
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z
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0A.Q
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MI17
z
EXISTING _ 167.01' _ _ 30.00,
FREDERICKTOWNE ESTATES N 5,T06'47" W
SECTION 12 LOT 236 227 O1,I Of
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REAR = 25'
SEE SHEET 2 OF 6 FOR CURVE TABLE
All lots are single family detached — traditional.
''TH OF D All lots are subject to a 20' Slope & Drainage Easement along all rights -of -way
and 10'Utility and Drainage Easement along all property lines.
P. DUANE FIpedeIpkhowme 1goftez Seeffoann 16
BROWN "''
DATE: APRIL 30, 1996 SCALE : 1" = 50' FILE#: 6004: "PL-14.DWG"
NO. 1285 gilbert w. Clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Olds Greenwich Drive 200 North Cameron Street 5
Fredericksburg, Virginia 22401 Winchester, Virginia 22601
ENO SURVE�O (540) 6g6-2115 0 25 50 100 (540) 667-2139 OF
8K863PGA 355
• Denotes iron rod N/F VALLEY MORTGAGE & INVESTMENT CORP.
to be set on D8 526 PG. 584
property line 35' EX. ZONING: RP
from right—of—woy EX. USE: VACANT
line. S 54 49' 15" E 406.52'
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FREDERICKTOWNE ESTATES -� tT N� _ S 54 49' 15" E 393.98'
SECTION 15—
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SEE SHEET 2 OF 6 W
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LOT 40 z N 54 49' 15 W 176.18'
EX. FREDERICKTOWNE ESTATES —
AECTION 12
26 5 � z
EX. ZONING: RP —EX. USE: VACANT SEE SHEET 5 OF 6
All lots are single family detached — traditional.
�TH OF Psi
All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way
f anjd�a 10'�Ujtility and Drainage Easement along all property lines. �} 16
P. DUANE 11' IPC�slSI1�IleIlC�1�l6��Il�C�s ll�s� ��sn�s � C�sC�I om
U yo,�Q BROWN DATE: APRIL 30, 1996 SCALE : 1" = 50' FILE#: 6004: "PL-14.DWG"
NO. 1285 gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C Olds Greenwich Drive 200 North Cameron Street 6
qND SURVE�O Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF
(540) 898-2115 0 25 50 100 (540) 667-2139 6
NINE
VIRGINIA FREDERICK COUNTY, SCT.
T�iin/sAtru nt of w '/ ng Mj/as to me on the
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BK863PG0046
THIS DEED OF DEDICATION, made and dated this ,. 31_ day of May,
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
April 30, 1996, known as Fredericktowne Estates, Section 14;
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 14, situate in Opequon Magisterial District, Frederick County, Virginia,
and being more particularly described by the aforesaid plats of P. Duane
Brown, L.S., dated April 30, 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. 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.
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.
OR 86 3PG0047
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 and to alter, amend and change any lot lines or subdivision
plan so long as it owns any of said lots.
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. 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 14, 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. Notwithstanding the foregoing, Top of
BK863PGOO48
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 development from residential to commercial. This
waiver shall not affect the binding effect of the covenants, restrictions, and
conditions upon any other lots. Top of Virginia Development Corporation does
further reserve the right for itself and its successors in interest to impose
additional restrictive covenants, conditions, reservation, and restrictions on
any or all lots and such imposition shall not affect the binding effect of these
provisions upon any other lots.
17. Any Fredericktowne Estates, Section 14, 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 certain easements
designated "20' 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 Sewer Easements.
2. 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
BK163gG���
over the aforesaid designated sur ace ra n g '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.
3. 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 all boundary lines
of each lot and along those areas intended for public access on the attached
plats. 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.
4. 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:
SEAL]
STATE OF VIRGINIA
CITY OF WINCHESTER, to
Acknowledged before me this J / day of , 1996, by David
B. Holliday, who is President of Top of Virginia Developm nt Corporation, a
Virginia corporation, on behalf of the corporation.
NOTARY PUBLIC FOR THE STATE OF VIRGINIA
My commission expires: 0 n t'&4Y" lJ / , l9 P
�� F
SUBDIVISION 1004-96 MMERICKTOWNE _
Akk
Opequon ESTATES - Sections 14 & 15
A;