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Home My WebLink About13-00 Kernstown Business Park-Lot 12 Back Creek - BackfileSubdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: (Comment sheets not required if approved AMP is associated with this subdivision.) VDOT City of Winchester Sanitation Authority Health Department Inspections Department Fire Marshal Parks & Recreation County Engineer f � V V L czYYucauvu i ccci v cu. L Fee paid (amount: $ 3; 0• ) ✓ Information entered in d-BASE and Reference Manual )2jk- - File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment Updated d-BASE and RefeVence Manual )a - 5 - W File given to Renee' to update Application Action Summary /0 - 3 /- Q Q Final plat(s) submitted with review agency signatures along with: Recorded deed of dedication Bond estimate (if required) $ 0:1Ope=om ManuOsubdivimoa7k RevLsed: 11/30/99 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX 540/665-6395 December 4, 2000 R T & T Partnership Attn: Tom Baker P.O. Box 3243 Winchester, VA 22604 RE: SUBDIVISION #13-00 OF KERNSTOWN BUSINESS PARK, LOT 12, SECTION I Dear Tom: This letter is to confirm that your application for the above -referenced subdivision was administratively approved on December 4, 2000. This department has received copies of the recorded deed and plats; therefore, there is no further action required on your part. Ifyou have any questions regarding the approval ofthis subdivision, please feel free to call this office. Sincerely, Evan A. Wyatt, AI Deputy Director EAW/ch cc: Real Estate O. W gendas\APPR_DEN.LTR%SUBDIVISIONSUCemstownBusPark. SUB 107 North Kent Street • Winchester, Virginia 22601-5000 APPLICATION AND CIIECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: �Application # �"Fee Paid Applicant/Agent: R T & T PARTNERSHIP Address: POST OFFICE BOX 3243 WINCHESTER, VIRGINIA 22604 Phone: (540) 678-0736 Owners name: R T & T PARTNERSHIP Address: POST OFFICE BOX 3243 WINCHESTER, VIRGINIA 22604 Phone: (540) 678-0736 Please list names of all owners, principals and /or majority stockholders: THQMA& r GIASS THOMAS C. BAKER RALPH GREGORY Contact Person: THOMAS C. BAKER RECEIVED Phone: ( 540 ) 678-0736 P 88 2000 Name of Subdivision: K E R N S T O W N BUSINESS PARK DEPT, OF PLANNING/DEVELOPMENT Number of Lots ® �-. Total Acreage / £�• 3� Property Location: ROUTE 11 SOUTH, NORTH OF HORTON'S NURSERY ACROSS FROM MILLER HONDA DEALERSHIP 1/2 MILE SOUTH OF ROUTE 37 AND ROUTE 11 SOUTH (Give State Rt.#, name, distance and direction from intersection) Magisterial District BACK CREEK Property Identification Number (PIN)) _PARCEL 2D TAX 75 Property zoning and present use: B-2 ZONING - CANT VACANT Adjoining property zoning and use:B-2 ZONING EAST, SOUTH, NORTH, M'% ZONING WEST, USE EAST -MILLER AUTO SALES, WEST -INDUSTRIAL PARK, NORTH VACANT I-ias a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No what was the MDP title? KERNSTOWN BUSINESS PARK (#003-91) Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) N/A Number and types of housing units in this development: Number N/A Types_ N/A 9 REQUEST FOR SUIIDIVISION COMMENTS Virginia Department of Transportation Attn: IZesident Engineer P.O. Box 278. Edinburg, Virginia 22324-0278 (540) U44433 q&4 -5bCD The local office of the Transportation Department is located at 1550 Conuncrce St. in winchcster if you prefer to hand deliver this form. Applicant's name, address and phone number: R T Q T PARTNFRSHTP, POST OFFTCE BOX 3243, WINCHESTER, VA 22604 R -0736 Name of development and/or description of the request: RNSTOWN BUSINESS PARK - SUBDIVIDE LOT Location: HORTON'S NURSERY, ACROSS FROM FILLER AGISTERIAL DISTRICT Va. Dept. of Transportation Comments: No objection to the subdivision of this propert . This section of street is current y not in the State's Secondary Road System. However, all entrance to bP.,p_Jjgiequiremen s i e s ree is be required for review. His will VDOT Signature and Date: (NOTICETO RESIDEN'1'1?NCINEEIZXPLF ASEI IZNTI-IIS FORM O A 'I'L� (CANT 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 three (3) copies of your application firm, location niap and all other pertinent information. I REQUEST FOR SU13DIVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, 4th Floor Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering 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: R T & T PARTNERSHIP POST OFFICE BOX 3243, WINCHESTER, VA. 22604 THOMAS L BAKER (540) 678-0736 Name of development and/or description of the request: KERNSTOWN-BUSINESS PARK — SUBDIVIDE LOT Location: ROUTF 11 - SOUTH -NORTH OF HORTON'S NURSERY, ACROSS FROM MILLER HONDA DEALERSHIP IN BACK CREEK MAGISTERIAL DISTRICT Engineer Comments: �v15 s-Far vtn `-' dbAA- 1 S ( CMS V lQ.(my6i ^^ `�'� _ L i ✓j1iJt Qan A 0.0 I Ilk �-� TLt a t AX l94 �tS S A 6e, r- SIB S cc o -CAA-C JL"- Signature and Datc: p -rj (NOTICE TO ENGINI?ERI G DE *PLEASE RETUIt Ttl S I OItNt " 'O AI'll LIC:\N"I'.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of yotlr plans and/or application I01"Ill. SEP 0'; 2000 REQUEST FOR SUBDIVSION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 FasVer Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: R T & T PARTNERSHIP, POST OFFICE BOX 3243, WINCHESTER, VA 22604 THOMAS C. BAKER (540) 678-0736 Name of development and/or description of the request: KERNTOWN BUSINESS PARK - SUBDIVIDE LOT Location: SOUTH - NORTH OF HORTON'S NURSERY, ACROSS FROM MILLER HONDA DEALERSHIP IN BACK CREEK MAGISTERIAL DISTRICT Sanitation Authority Comments: Z5 Sanitation Authority Signature & (NOTICE TO SANITATION AUTHORITY * RETURN 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. I Lo-r 5M191A8Vt_ 24l, 2uov CHECKLIST FOR MINOR RURAL SUBDIVISION PLATS BOUNDARY LINE ADJUSTMENTS LOT CONSOLIDATIONS COVER SHEET: 1. Title "Final Plat for Minor Rural Subdivision of the Land of 2. Tax map number; magisterial district, county and state. J 3. Name and signature of owner of record with deed book and page number of last instrument in chain of title and statement of owner consent. 4 Vicinity map - scale not more than 1:2,000. 5. Zoning of parent tract being divided. 6. Signature block - . and Subdivision Administrator. N A 7. Family division - statement listing to whom the lot is to be conveyed and relationship to recorded owner. PU - oK- Allowable density of the parent tract. Page number and number of pages. Notarized owner's certification. Page 2 Minor Rural Subdivision Plats Boundary Line Adjustments Lot Consolidations ACTUAL PLAT OF THE DESIRED ACTION: ✓ I. North point and scale (Graphic and Numeric) ✓ 2. Date of plat preparation with signature.and seal of surveyor or engineer. ✓ 3. Setbacks depicted by dashed line. 4. Survey and acreage of all lots created or altered by the division (parcels over 20 acres not required). ►�A 5. Boundary line adjustments, tabulation of acreage. 6. Zoning, use and name of owners of all adjoining parcels. ✓ 7. Location, name and number of all existing streets or proposed right of ways providing access. �/A 8. Location and names of any streams, ponds and -designated .floodplain areas. ►��A 9. Location of buildings, drain fields and designate environmental and historical features on site. 10. Location, width and design details of shared private driveways and/or private roads. Plats with shared private driveways and/or private roads should contain the following language: (see subdivision ordinance) BRYAN & CiOEEMAN, P.L.C. ATTORNEYS AT LAW 12 ROUBB AVENUE WINCHESTER. VIRGINIA 22601 TELEPHONE: (540)665-4366 FAx:(540)665-4380 MICHAEL L. BRYAN H. EDMUNDS Ci'OLEMAN, III Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Evan Wyatt October 30, 2000 MAILING ADDRFBS: P. O. Box 2800 WINCHE6TER. VA 22604 Re: R T & T Partnership to Delano Nathaniel Harlow - Lot 12, Section 1, Kernstown Business Park, Back Creek Magisterial District, Frederick County, Virginia Our File No. 32984 Dear Mr. Wyatt: Enclosed please find a copy of the recorded Deed relative to the above. If you have any comments or questions, please advise. HECIII/ss Enclosure Sincerely, ZY7 H. Edmunds Coleman, III (J OCT 3 12000 DEPT. OF PIANNINGIDEVELOPMENj u, N N I U �4 +) U U +-) Ca -d 0 U BK919PGO124 000011132 THIS DEED, made and dated this Z 0 - day of October, 2000, by and between R T & T PARTNERSHIP, a Virginia partnership, hereinafter Grantor, and DELANO NATHANIEL HARLOW, hereinafter Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with general warranty of title, unto the Grantee, his heirs, successors and assigns, the following described property and appurtenances thereunto belonging: All of that certain lot or parcel of land, together with all rights, privileges and appurtenances thereto belonging, lying and being situate on the southeastern side of Prosperity Drive in Back Creek Magisterial District, Frederick County, Virginia, containing 4.000 acres and being more particularly described as Lot 12, Section 1, Kernstown Business Park, on that certain plat made by David M. Furstenau, L.S., dated August 16, 2000, attached hereto and by reference made a part hereof, and being a portion of the same property acquired by the Grantor herein by deed from Horton Nursery, Inc., a Virginia corporation, dated October 15, 1987.and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 662 at Page 648. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way, and, in particular to (a) that 20' utility easement generally along the northwestern and northeastern portions of the subject property shown on the BK979PGO125 aforesaid attached plat, and (b) those restrictive covenants attached hereto as Exhibit A and by reference made a part hereof. Grantor covenants that it has a right to convey said property to the Grantee; that it will execute such further assurances of title to said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantee shall have quiet possession of said property free from all encumbrances. WITNESS the following signatures and seals: R T & T PARTNERSHIP g (SEAL) Th mas C. Baker, Partner EAL) Thomas C. Glass, Partner by Thomas C. Baker, his Attorney - In -Fact Pursuant to Limited Power of Attorney Dated September 29, 2000, Recorded in Deed Book 979. at Page /22- Og _ MGrgoryl�' � ► -2- BK919QG0126 STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this - 3 day of October, 2000, by Thomas C. Baker, who is a Partner of R T & T Partnership, a Virginia partnership, on behalf of said partnership. My Commission expires: /Z 1_30ZO 3 Notary Public STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me thisc>234 day of October, 2000, by Thomas C. Glass, who is a Partner of R T & T Partnership, a Virginia partnership, on behalf of said partnership, by Thomas C. Baker, his Attorney -in -Fact. My Commission expires: 11 30103 Notary Public -3- BK979PGO127 STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me thisc>20 day of October, 2000, by Ralph S. Gregory, who is a Partner of R T & T Partnership, a Virginia partnership, on behalf of said partnership. My Commission expires: ///t3 0103 Notary Public This instrument prepared by: H. Edmunds Coleman, III, Esquire Bryan & Coleman, P.L.C. P. O. Box 2800 Winchester, VA 22604 (540) 665-4366 COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY CHARLES D. NOTTINGHAM EDINBURG, VA 2824E JERRY A. COPP COMMISSIONER RESIDENT ENGINEER TELE(540)984-5600 FAX(540)984-5607 May 1, 2001 Mr. Patrick Davenport, Zoning Administrator C/O County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Ref: Route 1129, Prosperity Drive Kernstown Business Park Dear Mr. Davenport: The addition package for the streets listed in the Board's resolution dated March 28, 2001 for the referenced development has been forwarded to our Central Office in Richmond for processing. The Commissioner's Office will notify the Board when the addition has been approved. In the meantime if you have any questions, please let me know. Sincerely, U-0We&e0 ize Steven A. Melnikoff Transportation Engineer SAM/rf xc: Mr. Dave Heironimus R.T. & T. Partnership WE KEEP VIRGINIA MOVING FINAL PLRT LOT 12 SECTION I gGo 128 KERNS•TOWN BUSINESS PAR BACK CREEK DISTRICT FREDERI11 LOUNTY, VIRGINIA TAX MAP # 75-A-2D ZONE B-3 USE VACANT APPROVED BY Frederick County Sant tat ion Autt _ _..__ Date�'� Subdivision Administrator a_ Date Virginia Department of Transportation k Date`i'J7L2' OWNERS' CERTIFICATE The above and foregoing subdivision of the land of RT&T Partner --hip a Virginia Partnership, as appears in the accompanying plat, is with the consent and in accordance with the desires of th dersigned, owners, and tr stees, if any17 .,;. NOTARY PUBLIC i &AIL24A C (.. IS-F _ a Notary Public in and f r the Com onwealth of Virginia at large, do c rtify that _aiFr(6-ag-" C 4 6 5s and whose names .are signed to the foregoing owners' cer Ificate, have acknowledged-0 �••-• same before me in my state. C c; c� o= i a� c / c�'iJ N�tary,Pub�c .a Given under my hand this _.�^Sc= = • _ day of =,�2i00p My commission expiresM &y._ 3 Z0C>,1A ~_ Surveyor's Certificate' I hereby certify that the land contained in this subdivision the - same land conveyed to RT&T Partnership, a Virginia Partnership,` by= Deed Dated 15 October. 1987, said Deed is recorded in the Office of the Clerk of the Circuit Court of Frederick 'ounty Virginia to Deed .Book 662 at Page 648. David M. Furstenau, L.S. FURSTENAU SURVEYING (540) 662-9323 ILPM1 AUG.16. 2000 I I I SOUTH L.OUDOUN ST. WINCHESTER, VA. I OF 2 NO. RAO. DELTA ARC TAN. CHD. CHD. BRG. i _ 50.00 55609,001, 48.13' 26.11' 46.29' N 16.34'51" E 2 170.00' 90'57'00" 269.85' 172.84' 242.40' N 89.37'51" E BK919FIG 0 129 I I I -- RFMAINING LAND C'-j- { I PREVIOUSLY I REM I PLATTED N 44.09'21" E 376.66' `-_ 38BRL �20' UTILITY EASEMENT �-OT 1 I r►� LOT 12 PFZF v IG%, '�l=� I, O 4.00000 ACRES S 44.53'39.95 w _ t �-DRye 295.90' 262- 0 S 9; 01.05 , W �i S3 4" W fr Lit 0 1 � M -` T 0 0 DAVID M. FURSTE U z U NO. 1455 NOTE: IRON PINS SET AT ALL COT CORNERS . REMAINING F— 0 LAND EE W B-2 VACANT IL clf C I zowc� a I PREVIOUS! p co m I PLATTE F- --- 0 � a 0J a CL } AREA TABULATION BEFORE SUBDIVISION 18.32400 AC. AFTER SUBDIVISION LOT 12 4.00000 AC. REMAINDER, 14.32400 AC. WA LLeY PIKE - c so . WIDE FINAL PLAT LOT 12 SECTION 1 KERNSTOWN BUSINESS PARK BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA O N 0 FURSTENAU SURVEYING (540) 662-9323 AT AUG' 1 CAM I" = 200' IBC C SOUTH LOUDOUN ST. WINCHESTER, VA. 2 of 2 RESTRICTIVE COVENANTS Exhibit A t-= O R KERNSTOWN BUSINESS PARK_ AREA ZONED P-3 KNOW ALL MEN BY THESE PRESENTS: 8tt919PG01 0 WHET-.-F-AS, RTT Partnership, hereinafter called Owners,. have caused' certain lands awned by there to be platted into an addition, known as Kernstown Dusiness Park, to the County of Frederick, Virginia. WHEREAS, it is the desire and intent at owners, commercial buildings, signs, and other appurtenances placed within said sub- division be designed and placed in such a manner their location, orientation on the lot, architecture, landscaping, and method of identification (signs), compliment the other buildings in the subdivision and are individually and collectively useful and attractive; NOW THEREFORE, Owners hereby adapt the Restrictive Covenants stated herein and agree the stated covenants shall apply Lo the EI-3 ZONED portion of the property now platted as Kerrestown F(usiness Park, an Addition to the County of Frederick, Virginia, as covenants running with the land: I. SCOPE OF APPLICATION These covenants shall apply in their entirety to the area, Zoned D73, now knew and described as Kernstown business Park, etn addition to the County of Frederick, Virginia, as shown ire the recorded plat thereof. (See attached Plat) II. PURPOSES OF COVENANTS The purpose: ol- these Restrictive Covenants are, to: (A) Provide an architecturally pleasing aind compatible plan Of development for the proper-ty; Page i 111919PGo 131 (B) Protect the Owner' s and Tenants of lots against improper devel��pment and use of surrounding lots, in the D-3 Zoned portion � �f the development, which will depreciate the value and/or use of.their lot ;. (C) Prevent the erection or maintenance on Kernstown Business Park of structures constructed � •f improper or unsuitable materials or with improper or unsuitable quality rnethods of construction; (D) Ensure adequate cor►sisteret and reasonable development of Kernstown Business Park as a high -quality commercial envirorement; (E) Encourage and ensure the erection of the attractively designed improvements appropriately located within Kernstown Business Park in order to achieve harmonious appearance and function; (F) Provide adequate off-street parking and loading facilities; (G) -Provide minimum maintenance- standards to promote a uniform, neat and clean appearance throughout Kernstown Lousiness Park; (H) Guide the development of Kernstown Business Park in a manner compatible and consistent with the objectives and goals of -the County of Frederick, Virginia; in a phased and orderly manner insuring an economically and environrneritally sound and balanced community; III. DEVELOPMENT STANDARDS AND PROTECTIVE COVENANTS t. E��.tilcling Dq. ir�ri_and Construction Standards. The objective in building standards is to obtain consistency and quality in architectural design and to protect and Enhance values in Kernstown Business Park. (A) RT&T Partnership or its assigns roust approve initial building plans, including building elevations and construction materials. - - pale BK919PGO13Z (B) The exterior wall of any side wall facing Prosperity Drive shall bi_ carnstructed of material architecturally appealing as approved by fa'&T or their assigns. 1. Performance Standards: See Frederick County B-3 zoning for allowable uses. Setbacks. Fallow Frederick County guidelines for setbacks. 3. Off -Street Parking. Follow Frederick County guidelines. No parking shall be permitted on any street or road or at any place other than on the paved parking areas provided for and described heveinbelow_ Adequate off-street parking shall be provided to accommodate a business' anticipated needs; however, shall at least meet the minimum standards required by the Frederick County ordinances. All off-street parking, access drives and loading areas shall be paved and properly graded to assure proper drainage and to avoid drainage onto adjacent lots. 4. Outside Storage. All outside storage areas permitted and all waste and rubbish storage facilities shall be within an enclosed area, properly screened, and shall have an all-weather surface. No material or wastes shall be deposited upon any lot in such a form or marn-ser that same may be moved by natural causes or forces. 5. Signs. One central subdivision sign for the businesses located off U.S. Rt. 11 will be allowed. Identification signs shall be restricted to advertising only the persons or companies located on the lot. Two (`) temporary signs per lot is permitted at any one time. Temporary signs may be used for construction and design teaun information or future occuparit identification. Hrry permanent sign must cc-isiply with the sign ordinances in effect of Frederick County, Virginia. Page 3 BK979PGOI33 G. ScrP? enirg (A) Storage areas, storage tanks, trash containers, heating, air conditioning, electrical, gas, utility, and ether special equipment, materials, and maintenance facilities, shall be either housed ire enclosed buildings or otherwise completely screened. Such screening may be by the use of landscaping or permanent fences. Roof objects (including fans, vents, cooling towers, skylights and all roof rnour-Ited equipment which rises above the roof line) shall be housed ire closed buildings or screened a raireiraurn of 47 above roof line. (E0 No satellite dish larger than four (4) feet ire diameter, shall be erected on the property or any structure thereon. Allowed satellite dishes shall be suitably screened ire such a manner that the dish cannot be seen from Prosperity Drive or U. S. 11. (C) Doundary fences, fronting Prosperity Drive, roust be of wood, brick or stone, no higher than 48", except as required for buffering by Frederick County planning Commission. 7. Utility Connections. All utility connections, including all electrical and telephone connections and installations of wires to buildings, and all pipes, conduits, cables and lines shall be made underground frorn the nearest available source. a. On -Site Drainage. Each Owner shall be required to provide adequate drainage for the lot which drainage plan and systern shall be approved by Frederick County planning Commission and shall be designed to avoid all but rainimal .spillage or drainage onto arty adjacent lot. Drainage plaris and systems shall be designed to direct the flow of water into the public area as approved by the County or toward the near lot lines of the lit being developed. Page 4 U9?9FG9134 r►. Landsca ir�q._ All grass areas shall be kept mowed to a height riot exceeding G iriches. All shrubs, trees and other ornamental bushes will be kept in good condition so that all dead wood shall be removed from the same to present an agreeable setting. Each owner shall maintain the landscaping or, its property and all plantings thereon in good health and appearance without substantial alteraticn-1 and shall repair any damage thereto occurring by reason of any cause whatsoever. IV. SCOPE OF AGREEMENT 1. Run with the Land. these covenants and restrictions shall run with the land and shall be binding on all parties, their hairs and assigns, for a period of twenty-five (25) years from the date hereof. (A) Within six rnoriths of expiratiore, a majority of the lot owners may amend or cancel these restrictions and covenants by filing said amendments or cancellation in writing in the land records of Frederick County, Virginia. If no such action is taken, these covenants shall continue for successive five year increments and any five-year period may be terminated ire accordance with the terms of the original termination. (G) During the initial term any subsequent extension of these Covenants, compliance with a provision of these Covenants may be waived or the Covenants may be amended if the waiver or arsiendment is reduced to writing and -Approved by a majority -f the owners of lots located within the subdivision. Any waiver or amendment shall be recorded in the land records maintained by the Office of the Circuit Clerk and Ex-Officio Recorder of Frederick County, Virginia. BK919PGO135 . Violations. if any party or lot owner violates or attempts tc• violate these- covenants or restrictions it shall be lawful for any person or persons awning any interest in any lot to prosecute any violating or attempting to violate any such covenants or restrictions, either to prevent them from doing so or to recover damages or other penalties far such violation. 3. Irnva1idation. Invalidation of any one of these covenants by judgment or court order shall, ire no wise, affect any of the other provisions herein contained. VIRGINIA* FREDERICK COUNTY, SCT. tin was produced to. me on . 4andd' 'ument of wri g � � d®at rtificae;o annexed tt of acknowledgeme y see. 58 1-302 of used by was admitted to re�otd Tax imp 11.010, and 58.1-901 have been pad, if assessable ,Clerk - Page 6 COMMONWEALTH OF VIRGINIA DATZ is PABE! P; T! P rt (I J UU RT Z. T PAR .4 —w CT 7 7, IN, �D DC-1 8 (6100) CASH Date rviRECEIP .iv.i x Received Fro m a g I I (n` Addres , A 4_50<'� ellars$ 3 For n _ <<OYi AMT OF ACCOUNT - - CASH_ AMT. PAID CHECK w U.BALANCE 4 MONEY DUE - ORDER ByT