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HomeMy WebLinkAboutMill Race Estates, Section I, II, and III - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 14, 1987 Mr. George Glaize 817 Dutton Place Winchester, Virginia 22601 Dear Mr. Glaize: This letter is to confirm the Frederick County Planning Commission's action at their meeting of December 2, 1987: Approval of the Final Subdivision Plat of Mill Race Estates, Sections I, II, & III, zoned RP, 37.136 acres, for single-family traditional dwellings with VDOT streets, public sewer and water utilities, and required open space. This property is located on Route 659 (Valley Mill Road), in the Shawnee Magisterial District. If you have any questions regarding your subdivision, please do not hesitate to call this office. Robert W. Watkins Planning Director RWW/dkg 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 SUBDIVISION Mill Race Estates, Sections I, II, III Zoned RP (Residential Performance) 105 lots (37.136 acres) LOCATION: Route 659 (Valley Mill Road) MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential, open and agricultural land uses; and A-2 (Agricultural General), MH-1 (Mobile Home), and RP (Residential Performance) Zoning PROPOSED USE AND IMPROVEMENTS: Subdivision of 37.136 acres into 105 single-family traditional lots with VDOT streets, public sewer and water utilities, and required open space REVIEW EVALUATIONS: VA Dept. of Transportation - See attached letter. Sanitation Authority - Plats are OK. Greenwood Fire Company - The Greenwood Volunteer Fire Company has no problem with this plan. Inspections - No objection. Planning and Zoning - No objection. All applicable subdivision requirements have been met. The plats are drawn in conformance with the approved Final Master Development Plan. STAFF RECOMMENDATIONS: Approval. COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (703) 98 -4133 October 30, 1987 Bruce Edens C/O Greenway Engineering Surveying COMPWW Route Winchester . Virginia 22601 Mop � 198j era a •� '6lB�lC 91 mill Race Estate Route 659 rXedwick county As regoested, at review of the above referenced subdivision has been madoo Attached you • :ti 1 plans with changes marked In e# listing below our cassoft and scammndations: 1. All street radii need to be a minimm of 401. All slopen alorq Pout* 655 need to be graded for better sight distance. 2. The typical section indicates prime and double seal,,however.. Charles ..'Mai. Boulevard andJulesstreets should be designed using Bitumir"mC'aa3 ia.._ the main collector streets and possibly carryim over 400 VPD due to future extension. several :.,.-' vertical curvesneed to be adjusted :w 4' to obtain a minivium 24W vertical sight distances q« Approximately V8D would be acceptable since ;, is a connaftinq street. Station 50 A 4. The 1510 pipe at Station 21 * 00 Charles Boulevard to be increased to a 180 S. StwxUwd CD to be inStAlled in all S0413 in the graft, 6. TM plans noted that *oil stabilization mat Standard ZC-3 is to be installed in all roadway and drainage easemnt ditches over 20 grade. We would recommend using Enkamt, in lieu of Miramat on all grades steeper than s ar4.. ,i.} 4... w COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (743) 994-4133 October 30, 1997 Mr. U. Bruos Edws Mill Rwe Notes C/olGroamay l q itFouto 659 auvwing company ftederick sty Route 6, Box 152C Winchester, Virginia 22601 9. Any wailbox erected sb=ld be placedbehind the proposed ditch lire. Attached is a copy of the minimm requirements for A viabdivision street,prior to acceptanoe into the Sacmdary S'ystsm. Us is the responsibil ity of the developer. Should additional information be roaded, please do not hesitate to faal"*act on. Sily, C. William Lam Inspector Resident Buginear CWI/ks Attach. cci Mr. R. L. Moore Mr. T. R. Blackburn Mr. C. t . Hattoc COUNTY of FREDERICK of Planning and Building 703/665-5650 TO: ®` , VA. Dept. of Transportation �AT-' r. Willias n i3 Sanitation Authority , ATTN: Mr. Welling H. Greenwood Fire Company , ATTN: Mr. Walt Cunn 1fP-_ Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: November 9, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Mill Race Estates, Sections I, II, & III, or their representative, George Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: See attached letter dated December 3, 1987. Signature Gi(/. 7`I-. Date n �� . -`�_ / 9� Z COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (703) 984-4133 Decuber 3, 1987 Mr. H. Bruce Edens refs Mill Pam Estates C/O GrOonifty ENineering & :+er r. 659 Touts 60 Box 152C Frederick C=ity Winchester, Virginias 22601 Dear Mr. s a this is to acknowledlip receipt of the rwised plans for the above raf+er�dmd subdivision. Nmryt2dnq appears satisfactory with the wwoption of this adjueft It of the oasemft across Lots 77 and 78, Section III, as marked in red an the attached plans. Ploase revise the subdivision plans a=rdimgly and resubmit copies of the find plat for Section III showing this easement adjustt. Should you ham ark' quiestion►s, plosse do not hesitate to aontwt me. Sincerely, C. William Lse Inspector for: W. H. Mushwan AwUlent Brgi rteaa» C/ks cc: Mr. R. L. Moore Mr. J. C. matwwole Mr. Pohert w. Metkins TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 No VA. Dept. of Transportation , ATTN: Mr. Willi ' Hi,,BushmanC- M E M O R A N D U M Sanitation Authority , ATTN: Mr. WelIin,` n AV;, 'NG i� Lv Greenwood Fire Company , ATTN: Mr. Walt Cunr�,a�� Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: November 9, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Mill Race Estates, Sections I, II, & III, or their representative, George Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature / Date 11t7—-I---a-- v:- _:—:- - 7'14M UNTY of FREDERICK i { 51epartm;�fftVX Planning and Building ,® M E M O R A N D U �p��C� ��� 703/665-5650 VA. Dept. of Transportation , ATTN: Mr,f'lliam B an Sanitation Authority , ATTN: Mr. We Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: November 9, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Mill Race Estates, Sections I, II, & III, or their representative, George Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date /f/pl/ /a % COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: November 9, 1987 SUBJECT: Review Comments On: X Subdivision Conditional Use Permit Master Development Plan Site Plan Rezoning We are reviewing the enclosed request by Mill Race Estates, Sections I, II, & III, or their representative, George Glaize 662-5058 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: s - F' �i h ✓� ii Ate_ -�' c� /� I �� ^ —F 7 Signature Date �� — 1 J� COMMONWEALTH of vIRCINIA RAY D. PETHTEL COMMISSIONER Mr. James L. Longerbeam C/O Ruth C. Crum, Inc. P. O. Box 2577 Winchester, VA 22601 Dear Mr. Longerbeam : DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 (703) 984-4133 December 13, 1991 Ref . : WILLIAM H. BUSHMAN RESIDENT ENGINEER Millrace Estates Subdivision Sections II & III Route 659 Frederick County We have recently conducted a follow up inspection on the referenced development. Overall the rights -of -way have held up pretty well. However, we did notice several areas where the roadway pavement has settled. As you know, in order for this development's streets to be added to the Secondary System, you were required to post a bond (copy attached) in the amount of $10,500.00 to guarantee workmanship and performance of materials for one year from the date of acceptance. Therefore, these settlement areas will need to be repaired prior to the February 1, 1992 expiration date of said letter of credit. We would be happy to review the locations with you or your contractor at your convenience. Your usual cooperation will be appreciated. RBC/sg Enclosures xc: Mr. D. Mr. D. Mr. R. W. Hawkins O. Wilkins W. Watkins Sincerely, William H. Bushman, P.E. Transportation Resident Engineer By: Robert B. Childress Hwy. Permits and Subdivision Specialist Senior TRANSPORTATION FOR THE 21 ST CENTURY )w/ ice csL . NCR VV 3 �LL/A �N 1%43 OZ° 79 a, ?i 0� 5lk N 78Z�7 wN a %L\ TX S" QA J 7' o Nj o - ,- SUBbNISION ADMINISTR,ATORDATE � PEI//SRO � 14,4,1,1 ,fl // i989 ('—`ECEP ES/yIi LOT 78 % FINAL PLAT - SECTION THREE EALrH 0�` MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. H. BRJE EDEM SCALE: I" = 80' DATE s OCTOBER 27, 198T CERT I"r'CATE No. 54.17-3 (a)965 54.17.3 (b)162 GREENWAY ENGINEERING AND SURVEYING L'-,., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 U LAND WINCHESTER, VIRGINIA 22601 TELEPHONE 682-4186 SHEET 4 Of Q F/NAL PATS SEC TioN OwE M/L L RACE ESTATES Sf-14I AA!F-E D/ST2/C>.......................................... F.eEDCe1CK COUNTY, XIZ61AIIA OCTOBE,e e7, /--1&7 ,POC/TE 7- h� s/TE 0 .POVTE 6�- .QOU>E to S9 G .@ E ,P7'E GS6 SCA L E' MAP , /'= z000' A L L PROPE,eTY O Wlvt ,e5 /it/ M/L L .PACE ESTATES ARE REOU/QED TO BEL OA167 TO 7-/1E NI/Le oC4CE ESTATES I-10ME 0lNiUE,eS ASSOC/AT/O.V. TA/E ,4S50C/47_/0i I /S Tf-1E OW/VE,e OF AL C A,eEA5 _51-10 t/ AS C0AW0A1 A,e EAS ON 7,WATTACHED PLATS ,4A1,0 1-5 ,eESPOA1/545L E FO,C THE OF 7-144SE A,eC,,4S. ALL OT11E",e ,eULES OF Tf-1E ASSOC/.4T/Oi 1 ARC SET FORTE-1 /N 7-1-IC ,eEST,e/CT/Oi(/S AX10 COVE-1VAA1715, ATT<JC1-/EO I-1E,eE7'0. A COPY OF T/1E F/it/AL ".4_57'E.0 A4& FO,e tit/L L RACE ESTATES /S 0/l/ F/L E AT 7_1-1E OCPX erl&-X17- OFPLA&,,U/,(16 4V,9 DEIoEL0Pk1CA1T PPR Y s BOARD OF SUPE.?li/SO,C S. — — DATE .0L,4it/il//A/6T COMM/SS/ DATE ZJO fieEO. CO. SA,VIT,4T/01V AU O _. _— DATE 4�" SUBO/li/SIOAl 449M/11157,e.4 __ DATE Y.4. DEPT OF T,e,"45PIRTAT/ DATE /-/ 9-Z7 OW"6'&5 CERT/F/CA TE TA-1E ABOI/E AA/D FOREGO/NG 5616DIVI-510,t/ OF THE LANO OF 66OR66' 1'Y. GC.1/ZE A UD CAROZI KA1 G. 61A/ZE, AS APPE"A,eS M/ 7'1.1E ACCOMP34AI)'/'t/G PLATS /S C0A1SEA17_ .4,V0 /A/ 4CCO,eDAA451-V/7-1-1 7-,LW DES/,eES OF 7-11E �EQS/G.(/ED 0W1V6-,e5, PPOP,e/ETO,CS, AND T,eUSTEES, /F ,4NY ATE OA TE, SURI/EYORS CE�P7'/�"/�,4TE / ,�1E,eEBY CE,PT/FY TNAT T1-1E Z,4A 0 CO.VTA/1VED //V 7-1-1/S SUBD/Y/S/O.(/ /5 A PO,f T/O,C/ O F 7-/1C L.4.00 C'O,t/I�EYEO TO GEO,eGE /'Y GC A/IE 4AX0 6-,4,e0Z YA1 G. GLA/ZE, ,U/S 6Y OEEO 0,4TED Z/ 1.4,(/"Rr /9B 6 Ait/D ,eECO,PDEO AMOIV& 7-1-1E LA,(/D �PECO,eOS OF F.eEOE.e/CK CO�/.VTY, 1iV DEED B OO.k' 60_9 AT PAGE S9 -7. GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX ? 52C 3 MILES EAST ON ROUTE 5(i WINCHESTER, VIRGINIA 22WI TELEPHONE 662-4186 SHEET / of 8 STREET CENTERLINE CURVE NO. DELTA RADIUS ARC TANGENT CHORD & CHORD BEARING 4 67036'32" 1,75.00' 206.50' 117.17' 194.73" N38049'12"W LOT. NO. LOTS ON CURVE 1 02010'07" 1842.06' 69.72' 69.71' N84011'33"W 2 02030'53" 1842.06' 80.84' 80.84' N86032'03"W 3 89020'02" 50.00' 77.96' 70.30' S46016'46"W 3 01015'45" 1842.06' 4C.58' 40.58' N88025'21"W 4 08018'27" 379.13' 54.97' 54.92' S77021'39"W 4 100005'52" 50.0C' 87.35' 76.66' N48026'11"W 19 105045'57" 25.00' 46.15' 39.87' S54029'44"W 20 25000'00" 150.00' 65.45' 64.93' N60007'30"W 21 42036'33" 15C.00' 111.55' 109.00' N26019'13"W 24 48011'23" 25.00' 21.03' 2C.41' N19004'44"E 24 35033'36" 50.00' 31.03' 30.54' N25023'38"E 25 49036'49" 50.00' 43.30' 41.96' N17011'36"W 26 44042'49" 5C.00' 39.02' 38.04' N64021'25"W 27 45054'21" 50.00' 4C.06' 39.00' S70'20'01"W 28 44048'37" 50.00' 39.1C' 38.11' S24058'32"W 29 55046'33" 50.0C' 48.67' 46.77' S25019'03"E 29 48011'23" 25.CC' ?1.C3' 20.41' S29006'39"E 32 09029'31" 200.00' 33.13' 33.09' SC9045'42"E 33 34018'54" 20C.00' 119.78' 118.00' S31039'54"E 34 20011'52" 200.0C' 70.51' 70.14' S62031'30"E 36 74°14'02" 25.00' 32.39' 3C.17' S35030'17"E CURVE TABLES FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: N/A I DATE = OCTOBER 27 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. • RT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET Z of 8 O d = /Z°09 '3G " A = 88.95' 7= -5�4.! 4' 88. 79 ' Q-� J -- EASTe,e/V CWVC PA TA 0 ,6 = //0 /0 ' 06 R = /88Z. 86 ' A =367. OZ' 7 - /8 ,0, 0 9 ' Cf/= S87°/4%/"6- 366. g3' F,e EDE"K/C K AFL A B R A iv/ s 'S B Z >3• p0r=--SEry;ESM r \a\ Q vAl.s 041 A- G7oP ��3 z %r �J •c• v ,6 = /9°45,4z" / _ //54.5'9' A = 398. 03' -r= Zo/. //' Cf/-S 71" 46'/7"E 3 96. Oro' NOTE: COMMON AREA SHOWN HEREON IS TO BE USED BY SECTIONS ONE, TWO, AND THREE OF MILL RACE ESTATES. FINAL PLAT -COMMON AREA MILL RAGE ESTATES 1 SHAWNEE DISTRICT, FREDERICK CO., VA. t SCALE: / " ZOO' I DATE: OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 3 MILES EAST- ON ROUT E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 3 of CJ I 100&6LA5 /< WIZZ /,4M5 To-1 N OZ° GYM' 541"E 297. 08' .14 /V O ° 00' 54"E ° ZZ . 14 I �I o� 700 l W R �• I Is) 9,3 90 0' /O, 87,9 4� I .9•s � ,` \ 35 ' BU/G OiNG QEST�P/L'T/ON G/it/E NO/' 3l0' 45"E 194.67, QI. Q V 1� 1 �1 2 1A .P S CTiON L/.t/E l� Mo 0 400 41 M � Q 5 37' 75.00' 80. m h 5 O/' 36 ' 45 "A/ Z90. 37' \ Mq/Z/l 4. Z 441111 .5. McNl Z eE FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE : 1" . 50'1 DATE i OCTOBER 27, 1987 It\ GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C s MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 4 of Q AlO R 7'H 5 0/0 36 ' 46A/lov Z40.6v, N 'tt--- -f IV 0/a 96' 45 E 75.00 ' 80.00 ' 75.00 ' 80.00 95' BU/L,01A16 /A/E N° ° N N 75.00. 60. 00 75. 00 , 5 0/ O 361, 45 " Al A-14kW A. Z AVAI 5. Mc //ALE FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" ■ SO' DATE OC?OBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 5 BOX 152C 3 MILES EAST ON P �)uTE 50 WINCHESTER, VIRGINIA 2260' TELEPHONE 662-4166 SHEET 5 of 9 Awl 0 A? 7- I /go. A104t r70.37' 3!9 � h m \\ 14 /ON ZI VE 75-00' 70.00 6 OPP 96 45 // R/ zog.'ro 09 12 o4 or-- Q2 OW/ 230. ao 3 75. 00' 35' 491A16 A;7,5-5TQIC7-101V e1-1A1,!!5- 31 4004E 3,9 &0 47 4z .00, 5 o/ 0 9& " 45 " w Z90.60, ml4kv 14. z "IV 5 "clq4z'!!�7 FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" a 5cy 1 DATE : OCT013ER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 0 TELEPHONE 662-4186 SHEET ro Of /V OR T A4 JA ME'5 R 10 MW Y B. I<W L 0IJGH N 06 38 75 00 p � 50.A0' 59.93' 99.90 � N IF k \9 a1 3/ M 9, 864 0 0 �� ^ 9,57&0 �N N 3 V) I 3 �M _- E5 Q cr � t-'vE 3/6 �✓ _-- Bvi�OiN It.,, 8�.&5 i 45. oo " 8570� 'ell /0 5 A � 5 050 � Ph AlOyu OD 57"W g5.0o' N ® 90.00 ,A16 gu/LO-- - / IN `M 23,..:..... �� th ZZ N /O, 9 7Z ¢l 0 75. 39' --- — = 7539 s 47 73e ' 00" .. C 04 I FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA, SCALE: 1" = 50, DATE : OCT08ER 27, 1987 _ GREENWAY ENGINEERING AND SURVEYING CO., INC. PT 6 - BOX 152C ; 3 MILES EAST ON ROL11 E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 7 of FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: I" = 50' DATE = OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 FOX 152C 3 MILES EAST ON ROUE 50 WINCHESTER, VIRGINIA 22601 TEL EPHONE 662-4186 1 SHEET p of 9. . FCSA j n F/NAL PLATS SEC 7710AI TWO "IL L RA CE ESMT -5 .5f•1AWW676' O/ST.e/CT...............••..........••....••..•.... 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B- OYE AAW FO ee6O1,W SUBD/Y/SJOAI OF THE 41..4AIA9 OF 6E0Z6 E -W 6G.41ZE AND CA,POLY,V 6. 6GA/ZE, AS APPEA,PS /A1 T14C ACCOMPAA/Y/A16 PLATS /.S ` 1 T/-1 TAIE COA/SEA17' .441,0 /A1 ACCO,Pl0. e-c .4-rl7w T.vE DES/,E'ES OF T,41E 0ee.J/GA1ew Om/E,PS, PeOP.P/ETO.eS, .4AIO T,eVSTEES, /f 40- 12 ATE OA TE / NE,eEBY CE,PT/FY T/-MT T/1E LA,(JO COA/TA/A/EO /A/ T11/5 SUBD/Y/S/O,(l /.s A PO,f T/O,(/ O F 7AW' 4A,110 COA/YEYEp Al GEOeae- J'Y. GL q/ZE .4Af0 CAk-OL Y41 G. G4.4/Z6-, AIIS WIAW, B )- DEED O4reO Z/ J4o(I- 4 e /9d 6 AAJD .PECD,Poew .4A-fOA1G T,yE LAAW RF9G'OZ05 OF 1ledAOCle14& -OU.VT); Y/,PG/,(//A /A/ DEEO 000,e 609 .4i" PAGE S"9 dgl. N. BiE'UCE EDEA/S, C.G.S, apiLT�i 0� H. EHUCE EHEMS CERTIFICATE No. 54-17-3 (a)965 GREENWAY ENGINEERING AND SURVEYING CO., INC. 54-17.3 (b)162 RT ! - BOX IS2C 13 MKn EAST ON ROUT! 5o, VIAWAIESTER. VIRGO" 22OM T�Fl�O LAND TELAPHOME eel aes $miff % of 8 F/N•4E Pl.4T„s 546-C r1OA1 7;WO , M14 L RACE ES TAMS Sl/41' Ale-E O/3rt'1CT......................_.................. "XC.De. 1CSC C°OG/NTY OC TDASe,e t 7, /"7 OG/TE' T Ioe ,PEE SSG JCAG E MA P i y ► loon ' ACC P.M.OWe7Y !!.WWZ5 Al .1 & L .eWCE ESTATES .4ZC AW4'(1,e4fO TG 49&00oes 7V 7',NE "14Z f5,r,47e5 .d✓d"F O,W.t/E,CJ .45JOC/.4T/d.V. Tf/E . 55OC1,4T10.V 15 TAIC O.WAI ,e OF AEC A,eE.45 5.NO..WA1 AS COd/MOA/ AZe.45 aV TfrfEATWRCO PLATS AAA /S .eESPOA151,6Z E AVC THE MAIAVTEit1.4A E 4F ;rAVSE A,CE.4S. ACC OTf-/Ee x" E.5 OF THE" 45S0CI.47"10N AeF SET FC ZrAV IA/ TH£ ZCS7",e1CT/O.<./5 A.t/O E"Ov£.tlAA17S ATTA«✓EO 1/eZrAO. A COPY OF T//E F1,flAC MA-57" O£!lE'C 0f'1'£A17' f'CA V FO,e M/Z 4 Z,4CC EST.4TEJ /3 OA1 IW E AT THE "6,0C,e/C& C-06 7,v' PePWWrA#VA1r Of',OT,~ /6. AO Qt'f�ELOPME" P O � BOAXO OF SUPE,PY/SOBS _ DAT/ A=E.4A1h/1.tla C6�NM/5-510.t/ ZW7✓E' FR£O CO. .,%4117,47'10N AUTf/4P Y _ Lt,4TE 1�4 � ,5UBO1VIs14l,v AOM/rVisT,e,4Toe�11A �.4. DE®T O� TQA.VSR�.eTAT/O,V OPYAa/F95 C6*RTIrICA TE r146- ABOVE AA1,O FDee6O1A.0 .541,6D411510N OF 7'/,£ LAND OF 64fAOC6C /Y. 6641ZC AAID CA,eOZY,v G. GLAIIE', .4.5 APPE"A,eS Al Tt/E ACCOi AAWY/Nfs PLArs /S ,oPY1 TN T.NE COAISE.t/T .4,41D 1X1 .4CCO,e0,4A1lE Wlr..4*' 71-1c O£s/,eES OF 7Wac 61,(1.06 'S/G.UEO O/1/i ne5, PeOPIelt-MeS, AA40 7ZI15TEES, IX' 4AIr —� — .DA T E 0,4 7 e / HE,eEBY CE,eT1FY TI-14T T/VE 4, 4AIP CGr.V7;-I1.VCD /A/ rA(15 5410Q/Y/.510AI /5 .4 100,frloAl OF TigE CA.VD CO.VvEYEO TO 6fO,e6E /Y. 6LA/IE' . AIAO CA,COL YA1 6. 641,41ZE, Al/S iY/F'E', BY DEE© DATCD el ✓.4N4,/,C . r lJB� ,4AI,O ,e6COWAOe J AMONG T".UE' E,4,(l0 k''E'CO ws OF F�EDE,P/c r c"4�"f.vTY, Vleal,(11,4 IN ,OCCD 6400& 4009 .47 P.46E klJ BPUCE ftN EENWAY ENGMEERMG ADD SIMEYING CO., SIC. RT E . BOX 131E / 1 WES 9w ON ROUTE 9d WOW, WSTM VWQ"A UMI TmEM1Ow semi" STREET CENTERLINE CURVE NO. DELTA RADIUS .ARC TANGENT CHORD & CHORD BEARING 1 68020'42" 275.00' 328.03' 186.70' '108.93' N32033'36"W 5 46047'24" 150.00' 122.5C' 64.90' 119.12' N64059'33"W 6 43024'46" 462.00' 35C.05' 183.91' 341.74' N63018'14"W 7 08000100" 514.82' 71.88' 36.00' 71.82' N17037'00"E 9 29000'00" 139.50' 70.61' 36.08' 69.86' N77006'45"E LOT CURVE LOTS ON CURVE 42 09023'16" 300.00' 49.15' 24.63' 49.10' N03004'53"W 43 10019'37" 30C.00' 54.C7' 27.11' 54.00' N12056'19"W 43 94006'53" 25.0C' 41.C7' 26.86' 36.6C' N28057'19"E 43 1.5036"00" 114.5C' 31.17' 15.68' 31.08' N83048'45"E 45 22032'29" 164.5C' 64.72' 32.78' 64.3C' S8002O'31"W 45 74054'24" 25.00' 32.68' 19.15' 30.41' N73028'32"W 46 16008'03" 300.00' 84.48' 42.54' 84.20' N44005'22"W 47 14034'34" 300.00' 76.32' 38.37' 76.1.1' N59026'40"W 50 8802C'57" ' 25.0C' 38.55' 24.29' 34.84' S22033'29"E 51 05°04'33" 539.82' 47.82' 23.93' 47.81' S19004'44"W 52 C2055'27" 539.82' 27.55' 13.78' 27.55' S150C4'44"W 54 88006'51" 25.00' 38.45' 24.19' 34.77' S57040'25"W 54 C6044'28" 487.0C' 57.3C' 28.68' 57.26' N81038'23"W 55 C6-08'06" 437.00' 46.79' 23.42' 46.77 S81056'34"E 56 11°08'40" 437.00' 85.00' 42.63' 84.87' S73018'11."E 57 10029'20" 437.00' 8C.0C' 4C.11' 79.89' S62029'10"E 58 12005'05" 437.0C' 92.17' 46.26' 92.00' S51011'58"E 59 C3033'34" 437.0C' 27.15' 13.58' 27.14' S43022'39"E 59 19038'4C" 175.CC' 6C.00' 3C.3C' 59.71' S51025'11"E 6C 1104C'47" 175.00' 35.67' 17.90' 35.61' S67004'54"E 6C 74032'03" 5C.00' 65.04' 38.04' 60.55' S35039'16"E 61 114054'03" 30.00' 60.16' 47.00' 50.58' S59003'47"W 61 21°53'20" 125.00' 47.75' 24.17' 47.47' N52°32'31"W 61 11°C9'15" 487.CC' 94.81' 47.55' 94.66' N4701C'29"W 64 13045'C4" 250.00' 60.00' 30.14' 59.86' SC5015'47"E 65 26044'56" 25C.00' 116.71' 59.44' 115.66' S2503C'47"E 66 9502C'22" 25.00' 41.60' 27.45' 36.98' N69017'11"E 66 -24°09'23" 250.0C' 105.40' 53.50' 104.62' S50057'56"E 67 080OC'00" 489.82' 68.39' 34.25' 68.34' N17037'CO"E 7C C6002'59" 487.00' 51.42' 25.73' 51.40' N64000'44"W 70 80039'13" 25.00' 35.19' 21.22' 32.36' N26042'37"W 71 C8014'07" 487.00' 70.00' 35.06' 69.94' N56052'1C"W CURVE TABLES FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: N/A DATE OCTOBER 27,1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 3 MILES EAST ON ROU? E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET Z 0f Q 0 f. 0 N MMkVe A f� 5 0/' -4&' 45"9/ 435.00' 4A/1/ 5. AIC1-1ALE FINAL PLAT - SECTION TWO MILL RACE ESTATES. SHAWNEE DISTRICT FREDERICK CO VA, SCALE: I" = 50' DATE: OCT013ER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 5 BOX 152C 3 MILES EAST ON P.OU1-E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 9 of 6 80.00' 75. 00' I BO. 00 ' 1/0' 35' BU/LO/.t/G �PESTPiGT/O L/lt/E N 3 7 36 39 N 8,9600 8,400¢ . 8,9604l I� i-90',0WIVA146er EASEHJ�Sc/T i 75. 00 ' y w. 00 Ivole r/W A0/ �' 7/0 /,sT- 8,770 cp A/ 0/" 96.4f ",C Z40. X., 60 .00 " o 6 z 9, zoo 9, zoo 3 854 !I' 6-6 80-00, 160-00' 1 33. &0.00 0/ 0 96 " 45 14/ /99 4W Ac I v 4� 750 40, 80. mol 41 ip lv� 3107' m 0 4z 40 S N 8,400 N 8, 9�00 l%' Ni � . !9, OZ5 !,1 N 75-000 5 010geo'45"XI 2`95-00' IV,44'� A. o-' -441AI S. 1Wc1-14Z5 FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r.50. 1 DATE : OCiDGER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 bOX 152C 3 MILES EAST ON ROUTE '50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 .J SHEET 4 of 6 NOlZ TH /VO/°3ro'45 "E 9, 704 !,l Co8.901 s '-X0 � s ' jo 3 / pp N !. ( � 1 � 1 Imo/ a 4/� 46 9,c'Z4 —� of z' V'v A ` 54 A . tll.0% " /0,, 733 lP� ,� Q /V 04' /4'34 -6r �ASEME O WQN: 44 8, 755 I89.GYI' 50.00 ' i 95.a10 V - -- S O/ 0 36 ' 45 " W 234. 001 MA,QA� 4. E .41VIV 5. MC AI,4Z- E l �� FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: 1.11150. T DATE : OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 5 of 8 MOR77H 0 50 Zzo \lb 0) - � 49 � 9" zoo AV' (b 48 9, 6Z5 % 47 904 4�� Ile FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I** a 50. DATE OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. PT 6 - BOX 152C , 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 6 of A/0 A7 r/-/ Ri rag �, 53 ti 3, 6 7Z 4J/ 52 � S33" \`\ 03 9/ 7,9/ =vG _ 51 Joel- 90.00' N 'v FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: r a 50- DATE = OCT013ER 27,1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. R T 6 BOX 152C / 3 MILES EAST ON ROIJI E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 7 of It og o 55 9) r04'3 IW 2 674 Jve __, 8,74941 /y N 57 /�� 030 cS cp FINAL PLAT - SECTION TWO NoRr)q \J, 7-F 90 70 /0, 645 41 N% Bo. 00 MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: r a w I DATE : OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET & of DEC 1987 RECEIVED DIPI OF PLANNING AND aumno 5.f! BY ' F/NAL PATS SEC Tio�t/ TyREE M/L L RACE ESTATES S AuwAlEE D/S T.2/C 7 .. • .. FREDER/CK COUNTY, VAC61il//A OCTOUER e7, 1-167 SITE 0 40 S9 A4d MAP ere Gad i A t t PROPERTY OWIVCe5 /it/ "& C .e,4Ce- ESTATES A eC REpU/.QED TO f3EG 0AAF TO TqC "14 / eACE E57,4T6S 1-I414,fE 0,WX1oe-Zj A5S0C/.47-/0A/ 7-.4 E W550C14T/0i1 /S TfNE OWA16-Z OF ALL AC6-,45 S//OAVAI 45 COMMON A.Q EAS 0/t/ 7,4T ATTACHED PLATS .4AIZ? /ff .PESP0A451Bt E A-aC 7,A1 4-f,411t/7-,6-A14A/CE OF THOSE .4ee7,4S. ALL 071-I✓Ce RUC ES OF Tf/E 4S,5OC147'10A1 ARF SET A-oRrI1 /A/ 7-1-1E REST.e1C r10A1S AAA0 CO kENA NTS ATT,4 CI-/EO //E,eETo. s! COPY OF 7/�E 14-11V 4L MASTE.Q DEIiELOPMEit/T PLAN F0.2 tit/L L .2ACE ESTATES /S OA/ f & E AT THE C06W7 Y 06-P"7A-1C(17' OF Pt.4.!/N/,(/G ,�YD DEYELOPME�f/7 APO/C'4 .4 BOARD OF .541P67RV/SOR5 — 0.4T�4_.___. _. OATE1t� _-3_ � � FRED CO SAS(//7,4T10,V AUT�10R1,7Y SUBD/Y/S/O.V D,47,(-.�!_ V,4 DEFT OF TC"-5P0RTA DATE / -8 - 8 7 oOWiVEX S �'ERT/F/CA TE THE ABOVE AAI;O FOR66011V6 SUBD/li/S/OA/ OF T//E 14N0 OF GEOeGE !�' Gt.4/ZE AA49 CA,eOLKA/ G GLA/ZE, AS APPEA.e5 /X/ THE ACI'OMPAit/Y/it/G Pt AT.S /S bV/ TN 7-1-1E COtiSE.c/T 4,VO /.t/ ACCO.eOA.t/CE 4V/>.4' T/1E DES/,eES OF T//E l vo,—,esl4wEO oivvE.eS, P.('OP.P/ETO.eS, A�t/D T,PUSTEES, /� Ait/Y DA TE SURI/EYORS �E�P7'/�'/C.4TE TN,4T Tf-/E t A.VD COS 17T411 C CZE l /A/ /S A POk'T/O.Cf Jr- T//C Z,4VO TO GEO.PGE !Y GC A/IE 4/(1D cA.e0Z Yet/ G 6;LA1ZE, N/S !N/FE, 6 K DEEO OATEQ 2/ ✓A�c/U,4.eY /��9 AXVO .PECO,PDEO 4MOA/0 T�16- Z,4AX0 �E'ECv eDS OF FeEDE",eiC,� COUNT V1,ea/1t//A /X/ DEED BOO. 609 .47 PAGE S9 4. f-1 E3.E'UCE EDE.VS, C.G.S. GREENWAY ENGINEERING AND SURVEYING CO., INC. -' q7 6 BOX 152C i MILES EAST ON P WINCHESTER VIRGINIA 2260, TELEPHONE 9R..'-4'0t S141EV / of & STREET CENTERLINE CURVE NO. DELTA RADIUS ARC TANGENT CHORD & CHORD BEARING 2 23031'17" 475.00' 195.00' 98.89' 1.93.63' N78029'36"W 3 19013'58" 475.00' 159.44' 80.48' 158.70' N80038'16"W 8 99030'CC" 15C.CC' 26C.49' 177.19' 228.97' N57044'23"F LOT NO. LOTS ON CURVE 75 06009'04" 500.0C' 53.68' 26.87' 53.65' N69048'29"W 76 0901C'C2" 5CC.00' 80.0C' 4C.09' 79.91' N77028'02"W 77 08012'11" 500.00' 71.59' 35.85' 71.52' N86009'09"W 78 11000109" 450.0C' 86.41' 43.34' 86.28' N84045'1C"W 79 09010'02" 450.00' 72.00' 36.08' 71.92' N74040'04"W 8C 09047'55" 50Q.00' 85.51' 42.86' 85.41' S76045'37"E 81 08035'40" 500.00' 75.00' 37.57' 74.93' S85057'24"E 82 12003'44" 450.00' 94.74' 47.54' 94.56' S84013'22"E 83 11027'33" 45C.00' 90.00' 45.15' 89.85' S72027'44"E 87 52017'45" 50.00' 45.64' 24.55' 44.07' N46021'45"W 88 2305C'56" 175.0C' 72.84' 36.96' 72.32' N84026'05"W 89 20043'27" 1.75.00' 63.30' 32.00' 62.95' S73016'44"W 90 23055'21" 175.00' 73.07' 37.07' 72.54' S50057'20"W 91 22001'03" 175.00' 67.25' 34.04' 66.84' S27°59'C8"W 92 08059'14" 175.CC' 27.45' 13.75' 27.42' SlZo29'CC"W 93 8700C'CC" 25.0C' 37.96' 23.7234.42' S1 "29'23"W 1C2 93°0O10011 25.0C' 4C.58' 26.34' 36.26' N38°30'37"W 103 62037'49" 125.00' 136.64' 76.C5' 129.94' N39°18'17"1" 103 90°00'CO" 25.00' 39.27' '5.00' 35.36' S0402"'!o"1,; 103 65°37'49" 50.00' 57.27' 32.24' 534.19' S5'.°II'4i"1,; 104 59004'21" 5C.00' 51.55, 28.33' 49.30' N65°27'13"1" 105 56°07'54" 5C.00' 48.98' 26.66' 47.C5' NO7"51 T 5"F CURVE TABLES FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA SCALE: N/A I DATE: OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX t',,'C J V!LES FA -,I ON H00;1 SC WINCHESTER VIRGINIA 22601 TI: �F1CiNE n�.-1C� SHEET 2 of 8 New a 76 a0 1 9, 9 /3 ¢ � l Q I m 75 p R 9, 7/ 7 ¢ v ti /ZO. GO , /ZO. 40D ' 5 23' Ara , as H/ FINAL PLAT -SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: 1" . SC' I DATE: OCTOER 27. 198T 0 m 1 //5. a:? GREENWAY ENGINEERING AND SURVEYING CO., INC. RT. 6 - BOX 152C 13 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE SM-4166 .73 9, ZGO 0 7Z g 9, zoo 4`I ap 03" K/ Q v v W Q lu V XiLrH 04 `;J!J N. B CE EDIZ CERTIFICAl E NO. 1 54.17.3 (a)965 �F. 54.17.3 (D)162 'tu LAND Of v N0a1f4 EMA� 3 I���A rN N i 79 i60, 417Z I' —A o ?� 78 b t• Gy FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. 9 r s w I DATC + OC MM 27.1967 /tN GREENWAY ENGINEERING AND SURVEYING L�,., INC. RT. 6 - BOX 152C / 9 MILES EAST ON ROUTE 50 %47 WINCHESTER, VIRGINIA 22WI TELEPHONE 4041116 r 0 v Q 'w. W W 0 SXLTH a. B>illrE EBEia CERTIFICATE NO. �1► 54.17.3 (a)965 rF 54-17-3 (b)162 EV LAND yVQ 4 5 /9 0 9 7'00'1 Al 03 69. 80' V FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT FREDERICK CO, VA. SCALE: 1".50, DATE OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. AAPW W 'i t X M I LF[ AT !, �,ON 1101 !� I lg�w WIN HESrER VIRGIMA 29F)l 0 SHEET 5 of NORTH I�• N040 59'Z3"E O ' $ 97 o o I� 8 98 ? o 9, &00 ll 99 I o 5 04 ° 59' Z3" EvErrE �t 41,1 _ NO7 /OZ vl WI tj ill a M O 5 04° 59'Z3"W /00 FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE I" ■ W. GATE OCTOBER 27, 198T GREENWAY ENGINEERING AND SURVEYING CO.. INC. RT F BOX 152C 3 MILES EAST ON ROU' E SO WINCHESTER, VIRGINIA 22601 TU EPHONE. 662-4186 SHEET & of I Q v v 7 tT) I � 93.59 it/85°OD'37"Gt/ 0 3 35' g <?. G_ 94 N 9, 4 7& 0 O try h 76- 47' 1 75. 00 ' N85 ° OD'97" !l 15/. 47" JAME5 P. � M,JI�y B. Al/GLOUG�/ FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: 1" . 50' 1 DATE = OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. _ R! 6 BOX 152C ' 3 MII ES EAST ON Rnl JTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 7 of 8 h 0 V Q v AS a'-Rlw - q`655/, - 35, �?EST,Q/CT/ON /5, 475 ,l 3 /Z, //7,; O N ti M h Bp. �, /yy N/ �pp�pp M � z 90 /B, 4 7B (l y QI s lad � " a 4 4� \ Q I 0 9/ I o /�, 407 FINAL PLAT -SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. J SCALE: I" = 80' 1 DATE : OCTOBER 27. 1987 _ GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX 152C ' 3 MILES EAST ON ROUI E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4166 SHEET 8 of 8 F/NAB PC.AT,S .SEC''r10A1 7'MREE "/I L RACE ES TAM S .5IWAIM/t/O'e' D/S TRACT .......................................... .4c XeDE.C/C.C' C40aV7`Y, ✓/.Cf%tfM OC ro0,e e7, /"7 vrE �► h� .SITE m z A fA R ,C'TE GS4 / " s t040 Ae.0 P.#?OPE,eTY 0MAICZ5 /A/ M/L 4 Z4CE !f--5r47'E3 A,eE APE0U1REO TO 6E40v$ TO THE "/C C -,PACE ESTATES HOME 0WAI€45 A550C/,4 T-1O.v THE ASSOo1,4 T/O.v /S 7-1-1E a wAIE,e OF AC L A,eEAS .5110i'YA/ AS 670Ar1MOAI A,e EAS ON THE ATW,,(i` O PLATS ,4i W /.S Re'SPM45145C e- FOA? TlIE MA/NTEit/Ait/lE Of 7,,lO.3E A.eE.4.5. ALC A'ULES OF T//E .4J.50C/AT/OA/ 4RE SET AOkTN /N 7-1-1E ZEST,e/CT/OA15 AA/D C0VCA1AA17'-' AT7.4CNE0 //E,eETO. A COPY OF 7/1E F141,4Z A-fASTE.C' 0EVEL0PMEit/7' PLAN FOR "IZ L RACE ESTATES /.S Od/ T/-/E fRE,0CR1 e COUNTY OEA4XrA-1E.t/T 4F�,4A/N/�(//r �D DEI�ELOPME BOA W OP Ae.4"A//AlG C-0,V"/SS/OA1 FRED. 64. -VV1TAT/ON A,1rmoe/TY 0AAY SUBafY/S/O,t/ ADM1A11.5re,4,r0.P-----------� ---__� DATE VA. d?EPT O� T�A�t1SR�RTAT/Ot/ __ RATE 47WAICRS CER7`/F/CA 76' _ 7-"6' ,If- AAW rOee-C701W ;541,6D/b'/5/0A/ Oc THE L.4i4149 OF GEO,eGE iY. GC.412-E AND C.4,t'O.I G. GLA/ZE, 4-5A"PR Z5 /A/ T/-1E ACCOMPANY/A'G 04 AT.5 /S T 7,,WE 4,-`0A15EN7' .4A1,0 /A/ ,4ccaev"c-c `Y1,r1-1 7-.41E DES1,ers OF TyE !/A/O 5/Gl(/EO 0.*W /EA'S, P,P4P.P/ET4.CS, AA/D T,PU54EE5, /F . 4NY a ---- DATE ------ —. ---- .._ _ _ __----- pA TE ,SVRVFYVRS / 1-1E,eEAY CE.eT/FY 7`A647- 7'1-16' 'L.4A/D COX/T,4/.VEO IAJ T.-//S .SUBD/Y/S/O.t/ /S A oOVf r10A/ OF T.yE e,4(40 C41AIVeYE49 TO G'EO.PGE `Y GC.4/11E XA1,0 C,4,eOL Yet I G. GL A/ZE, N/S WIAW, 6 Y DEED 0.4725-D Z/ ✓ WA1,11.4RY 19 & 6 AND . ? 7CO.eO6l0 .4kieI T•UE LAA/D RECO,eDS OF F,eEDE.P/l.� G'OU.VTY, Vl,eaIA114 /N DCCD BOO. (009 .4T PAGE S9 -�'. �5 GREENWAY EIINEERING AND SURVEYING CO., INC. AT 6 - BOX 152C - 31MlES EAST ON �O -rF SO w1NCHESTEA. VIACHNIA 2M1 TELEPHONE e6e.098 SHM % Of . 46 STREET CENTERLINE CURVE NO. 2 3 8 LOT NO. 75 76 77 78 79 80 81 82 83 87 88 89 90 91 92 93 102 103 103 103 104 105 DELTA 23°31'17" 19°13'58" 99°30'00" RADIUS 475.00' 475.00' 150.00' 06009'04" 500.00' 09010'02" 500.00' 08012'11" 500.00' 11000,091, 450.00' 09010'02" 450.00' 09047'55" 50Q.00' 08035'40" 500.00' 12003'44" 450.00' 11027'33" 450.00' 52017'45" 50.00' 23050'56" 175.00' 20043'27" 175.00' 23055'21" 175.00' 22001'03" 175.00' 08059'14" 175.00' 87000'00" 25.00' 93000'00" 25.00' 62037'49" 125.00' 90000,001, 25.00' 65037'49" 50.00' 59004'21" 50.00' 56007'54" 50.00' ARC TANGENT 195.00' 98.89' 159.44' 80.48' 260.49' 177.19' LOTS ON CURVE 53.68' 26.87' 80.00' 40.09' 71.59' 35.85' 86.41' 43.34' 72.00' 36.08' 85.51' 42.86' 75.00' 37.57' 94.74' 47.54' 90.0C' 45.15' 45.64' 24.55' 72.84' 36.96' 63.30' 32.00' 73.07' 37.07' 67.25' 34.04' 27.45' 13.75' 37.96' 23.72' 40.58' 26.34' 1.36.64' 76.05' 39.27' 25.0C' 57.27' 32.24' 51.55' 28.33' 48.98' 26.66' CURVE TABLES FINAL PLAT - SECTION THREE MILL RACE ESTATES CHORD & CHORD BEARING 193.63' N78029'36"W 158.70' N80038'16"W 228.97' N57044'23"E 53.65' N69048'29"W 79.91' N77028'02"W 71.52' N86009'09"W 86.28' N84045'10"W 71.92' N74040'04"W 85.41' S76045'37"E 74.93' S85057'24"E 94.56' S84013'22"E 89.85' S72027'44"E 44.07' N46021'45"W 72.32' N84026'C5"W 62.95' S73016'44"W 72.54' S50057'20"W 66.84' S27059'08"W 27.42' S12029'00"W 34.42' S51029'23"W 36.26' N38030'37"W 129.94' N39018'17"E 35.36' S64022'49"E 54.19' S520L1'43"E. 49.30' N65°27'13"E 47.05' N07051.'05"E SHAWNEE DISTRICT, FREDERICK CO., VA SCALE: N/A DATE: OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 %47 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET 0 of 6 \— N� 04 0 8 3 j - /O J w /Z0. 00 5 Z3a /&'03"Er:� /ZO. 00 �l u /Zo. 00, 523'/ro'03"61/ 1. ..:.::.......... • � G� ESM`T� - �i DRA��� g , 7r g Q I 75 0 I Q � 9, 7/7¢ I F� 74 h 9, 000' , 3 //5. Gb ' w $ of 76 `h I o 7Z FINAL PLAT -SECTION THREE MILL RACE ESTATES 5 Z3 09"fit/ SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r u 50' I DATE ► OCTOBER 27. 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT. 6 - BOX 152C i 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4166 SHEET ,3 of 6 Qx v W Q Nj N Q a i Noa�N FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: 1" = 50' DATE: OCT013ER 27. 1987 It\ GREENWAY ENGINEERING AND SURVEYING L"o., INC. RT. 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 4 Of B W Z3 &.1, 80 FINAL PLAT SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT. FREDERICK CO. VA. SCALE: 1"=SO' DATE j OCT013ER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX 152C , 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 6 of N040 59'Z3"E , g 9�0 S 9, <0 00 1 1 ,$ 97 o o n 9, O 00 !f! i I�k 9, 600 /ZO.00 ' N 99 N m o � un un I 5 040 59' I I AIOR TiN E'z/ETTE oz�4['E So • ,p/� N07'E- I-, g N ...•• ;4= 40. a8 . /OZNN v �ISO4°59'29 9w 4 o /00 FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: r ■ w DATE: OC MER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C i 3 MILES EAST ON ROUTE 50 WINCHESTER. VIRGINIA 22601 TELEPHONE 6624186 Z M to U SHEET & of I Q v v I i s I w -� 92 �' —� rr, oz� � •► Im N85'00'37"K/� 93 //, 904 0 I A = 97. 9ra a � /5&. 4(c 75.00 ' 0 3 4 oN 95 0� ti 9,4 7do 0 O � 9, 000 41 • O O try 76-47' 1 75.GD' N85 ° DO '97' !1 15147' JAME5 R. 9 MAl1y B. rl/LLOUGH FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" = 50' I DATE = OCTOBER 27, 198T GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 7 of 8 Q 4'- B 5 - 35. A • 75. DO A 94. 74 \ QEST,Q/CT/ON UNE 8t 7l� 3 /; 6,57¢%/ Q o0 ri o 6% 11 Azy �� Bp.0 , Sy v se 90 N I AA 4 79 Iti Ilen% ' I �� ��•3.95 FINAL PLAT -SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" = 30' 1 DATE: OCTOMM E7, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 6W-4186 SHEET 8 of 8 { F/N.4L PLAT1 mw SEC r10A/ 7',MREE RACE CS TAMS S NWh/itAC6' 40/3 TZ/C T......................................... FiCEDE.C/ne CO!/NTY ✓/Cfi/il//A OC TOJeR 27, /-IB7 ovr�- �► h� .S/TE Q. o MA P /'' - Z000 i ACC PR0PE,e7)' OW&CZ5 Al M/L C .PACE 4f"STA77E.5 ACC oreoU/.PEO TO 06404A TO THE M/GG .DACE EST,/TES f+/OME 0,WA14FZ3 ASSOC/.47-10 t/. 7WF ,4550l/4T/4.1 /S THE Oi Ale,,,e OF AG L A ee, 45 S1-147.PYA1,45 CO"WAI A,e EAS ON THE Arr4C f,�ED PLATS ,4it/D /J ZC-5ROA1514OL E FO,C THE 44,41A176 A1. A/CE" OF Tim. 5C A e ,4.5. Q C L DT/7,,6".0 ,E'U4 E.3 OF Tf/E AS.SOC/.4 T/ON Ak c SET F0,2 rI4 IAA %'//E ,CES7'R6Cr10A15 AA1,0 COhoS'l/ANT..�r ATTQC//EO oviceETO. A COPY OF 7'X1E ,4-14 L MASTE.E' OEIVEC ORME-A17' Af .4XI FOB M/L L RACE ESTATES 1.5 O,V f/f E AT TfNE AeEOER/C& C-OO /Tr 06',0 eTME&T APPROVAZ5 BOARD OF -5e1,0 Z;11SOR 5 COMM/SSIO" F,et,0 CO.-V1,1fT,4r10, / AUTiW0,e1,rY SUBD/li/S/VAI ADMIA//S rR.4 T0k _ .--- -- -----_ - ---- 1Jr/TE V.4. DEFT OF T,e.4A1-5 r,4 r147A1 0WAIEWS CERT/FICA TE T/4E ABODE AA/O S4/6D/lam/.5/0,1 OL- THE .14AW OF GEOk 6.0 iY. ae 4lZE A442 CA,e04YA/ 6. GLA/IE, AS APPEA,eS Al THE ACCOMAWA/Y/lot/G Pf.47-J /S W/ T/-/ 7-A1E COit/SEA/T •4,VO /A/ ACCO,eOAA/CE `Y/7;4o' T/zE ve-sxeES OF Tm�:- l/,(/DE,eS/GA/EO O/'►iwneS, P.POP,P/ETO,eS, .4AW T,eUSTEES, // "Y �- -- -- --- — DATE pA T'E CE,eTrFY THAT TfhiE L.4AW COAITA/A/£U /A/ TH/S S!/BD/vis/O,v /S A PO.('7/0,(1 O C- TA/E e,4&V COA/VEYE'O TO G'EO,e ae- fY 64.412E AAIO CA,e04 YA1 G. 64 A/ZE", •y/S dV/FE, B Y O z E,o 0.4TED 2/ ./.4,VU.4.2Y /9 d G .4A10 eCCM,0,e!J 4"OA16 r1WC f.4,V0 iPECO,eDS OF F,+°EDE.P/CK COUA/TY, V/,P6/,(114 11(1 DEED 400,E d509 .47' PAGE S9 4. GREENWAY ENGINEERING AND SURVEYING CO.. INC. ,RT 6 - BOX 152C 3 MtLES EAST ON ROUTE Sc WINCHiESTER. VIRGINIA 22Ept TELEPHONE W-4186 ! / O/ 49 STREET CENTERLINE CURVE NO. DELTA RADIUS ARC TANGENT CHORD & CHORD BEARING 2 23031'17" 475.00' 195.00' 98.89' 193.63' N78029'36"W 3 19013'58" 475.00' 159.44' 80.48' 158.70' N80038'16"W 8 99030'00" 15C.00' 260.49' 177.19' 228.97' N57044'23"E LOT NO. LOTS ON CURVE 75 06°09'04" 50C.00' 53.68' 26.87' 53.65' N69048'29"W 76 09010'02" 500.00, 8C.00' 4C.09' 79.91' N77028'02"W 77 08012'11" 50C.00' 71.59' 35.85' 71.52' N86009'09"W 78 11000,091, 450.00' 86.41' 43.34' 86.28' N84045'10"W 79 C9°1C'02" 450.00' 72.00' 36.08' 71.92' N74040'04"W 8C 09047'55" 50Q.00' 85.51' 42.86' 85.41' S76045'37"E 81 08035'40" 50C.00' 75.00' 37.57' 74.93' S85057'24"E 82 12003'44" 450.00' 94.74' 47.54' 94.56' S84013'22"E 83 11027''13" 45C.CC' 90.CC) ' 45.15' 89.85' S72027'44"E 87 52017'45" 50.00, 45.64' 24.55' 44.07' N46021'45"W 88 23050'56" 175.00' 72.84' 36.96' 72.32' N84026'05"W 89 20043'27" 175.00' 63.3C' 32.CC' 62.95' S73016'44"W 9C 23055'21" 175.00' 73.C7' 37.07' 72.54' S50057'20"W 91 22001'03" 175.00' 67.25' 34.04' 66.84' S27059'08"W 92 08059'14" 175.00' 27.45' 13.75' 27.42' S12029'00"W 93 8700C'00" 25.00' 37.96' 23.72' 34.42' S51°2923"W 102 93000'00" 25.00' 40.58' 26.34' 36.26' N3803C'37"W 103 62037'49" 125.00' 136.64' 76.05' 129.94' N3901.8'17"E 103 90000'OC" 25.0C' '39.27' 25.00' 35.36' S64022'49"E 103 65037'49" 50.00' 57.27' 32.24' 54.19' S52011'43"F 104 59004'21" 50.00' 51.55' 28.33' 49.30' N65027'13"E 105 56007'54" 50.00' 48.98' 26.66' 47.05' N07051'05"E CURVE TABLES FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA SCALE: N/A I DATE: OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C . 3 MILES EAST ON ROUTF 50 %47 WINCHESTER, VIRGINIA 22601 TELcPHONE 662-4166 SHEET �J Of f{ i o ZO" �DI�A/�t-'A6E ESM•T 76 g a 9, 9 i3 ¢ o N � O¢ _/3/ \1 3 __ �;. ZO , OQA�NAGE Esi''f r •, i � //B• /�o ' 0 0 % o Q � M 9, 7/7� Ilk IN 744 N /ZO. 00 ' i tV 9, 000 47 Q N N 85, IN � aKil m -9 Zap 0 /ZO. 00 ' N 7Z 9,�00 9, zoo /ZO.00 ' - -� 5Z3'/lo'03"K/ j 5 Z3°/ro'0-6 At/ FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r.50. DATE OCiOBER 27. 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C i 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 3 or 6 .I� oa, i o E�AP� W vi oZ° 3� N o � 79 °1 78 ry -jr �_ Q 44 77 0 �, 1 FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SOALE c r = 30DATE: OCTOBER 27. 1987 GREENWAY ENGINEERING AND SURVEYING L"O., INC. RT. 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 2M1 TELEPHONE SM-4186 SHEET 4 of Q 4 0h \ — AQ Al,o7'S9'Z3� �0 ' 9, 645 41 h NM 3 N '0�,43NE Al ti 5 040 59,Z3 Ni P. tA ss- P ),87 4 \ o . A=4+8.9 8 �/, 932 1041-0 tj Z �p o PEsrQi�T _ � tolb h h 4& 80' /90.00' N !�(/ Z3 Gal 80 — FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT FREDERICK CO VA. SCALE: 1" = 50' 1 DATE t OC'TOBER 27. 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4106 SHEET 5 of NORTH M h N of M S 0 I • I EvErr N04 ° 59' 23"E o 0 9� S o 97 I� o N � 9, O 00 !'/ N izo. oo' 8 98 o /ZO.00 ' N 99 N m o g 9, /0& 0 I h 4) /Z3. 85 ' I -- E _ & zAe-E so- i E 83. B/ / ,Q: 4O cQ / /0Z N N N v SO4'59'23"K/ � �c m W $ /0/goo --- o � 5 04.59' 23"W /00 S 37 i FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE 1" • 80' 1 DATE = OCT09EK 2T. 19ST GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4166 SHEET & of N I ' t MCC -Se'- S 65' 8/. 46 ' 75. 0a ' — --- ---- O v � N 94 o N 95 0 :� N85'OD'37"!� 15147" i i DAMES R � MA�y B. u/LLOUGH FINAL PLAT - SECTION THREE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" = SO' 1 DATE : OCTOBER 27. 198T GREENWAY ENGINEERING AND SURVEYING CO., INC. RT. 6 - BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 7 of 8 I v Q v 77-4 - 75.00' Q= 94. 74'�� 80 8/ 3 82 ... /5, 475 ¢ /Z, //7¢ : /; 6,57¢ 00 BO.S 00' �N � 0 h �y�0o 00 00 o } iL N I see /9, 4 79 �l / A� (t7 1 0 9/ 4z7 Iti I..•+� .9 Sj • FINAL PLAT - SECTION THREE P� MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r : 80• DATE = OCTOBER 27, 1987 It\ GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 6&-4186 SHEET 6 of 8 F/NAL PlArs .SEA' r/vac/ 7'jWV M/L L RA CE E.5 ArE4 3 Ar,4w.vE7E o1s r e/c r.......................................... f-&CAO CICk CMS AO T YiA >0r✓/.4 DC roAsce a 7, / T r✓re, h v .S/TE r A P ,exe G.S6 w :ICt34 s r .ACC At'OPE.CTY O/1xNE,P5 /A/ A+!/CL .RICE E.STATc.3 4,CF R+1fO!'/1rP14d7 Al THE "14 4 44CE ESTATES f iOME OrYrt/C&I AS.10C/.4 r/el 1. Me- ., „ -%OC1,4 r/DN /S 7`A1/E 0,WA/6-,e Of AC G AeEi4 S .51147.0Nit/ AS COAeA*O,V AZZ41 6D+i/ rr4fE' ArrA Ve.P ' Pe.4TS .4AW 1.5 eESPOA./S/BC E A&W T/NE MA rVTE�6/.4 a OIL XAMF Aee,,00 A4 L OT1'.14re X614 e 5 OA` TAfE A.SSOC/AT/OA/ Aef SET , 0 rV /�f )rR a' ,eESr,e1CT/Or 15 Ar 1,O C-OP'6-X1AA1T`5 47-,r44—, r`E'D AleefrO, ,.+4 GaOWY ao ;rwc F/,tIAG MASrS*,e G�EI�ECOPME�il7' P(.1V FiOX M/L L X,44-e ES A?`E? !J DEC/ t f%eE AT THE Fre£DEre/C.e CMA177Y OLCRW@'rA-&cit1r Ax-)R W# -4W l•iE'Y�LOf'M�E" ,BOA,�O oF' ..�upE��is©ems ,1 �C,4A1i 11A16 E6"M/S5/Or(/ ;4 i -WW,O/Y/5AOit/ ADMIA115re,4721rP .g A-54 L?EPT OF rreAA/J~rAT14OA1 Aa4rAr QI�'Y1E�2S CCRr/r- TA-16' ABOVE AA/O A40R6604W S446,01Y/.1/0AI O c 7-Af 4AAAO 019' 6&W' Of W, 4V.4AZE AAZO CAA'OL KAI 6. 64A/ZE, AS APOEAAeS M/ THE AG'e OAK ""rZ4/6 Pe,4 �U /I a `V/ TH TA/E COAISEA/r .4,4/D /it/ .44-gOrevll w /!'/TN rAw ocsl ei-s 4F 7-Ale- -elvvEjeS/G.t/ED Owvne5, P.POPrP/E,roe5, .4iVD MISTrE3, XC 4M.0- pA YE r ` jC/RV4rE Y4 #e:S C Ff7/o'/C'o#?' " / AIE.CEBY CeCrlocY 7-1-1.4T TA/E Z,4A/O C,0V17. l/rt/£O IAI r.Vl- $ StlaP1Y1510& /3 A PO,erlVAI OF TA/E' Lslt/O COA/VE'YEO rO drCOeWe OV 04.//IE AAo(,O e'ArCOL YA✓ 6 GLA/ZE, A// S rV/<'E, B Y ©EE!> da.4ACO 2/ A 4 (/(4,e ' /,94f e .4 ,o ,eecwE vew .4MOA/G T.yE' C,4AI40 A!'€G-4,'DS Ooc i'.f�L�.4°1r5C"i+t' C'OYr4V�' Y, Vl,ealAI1,4 /N Z)Lt"EO BOO& 609 .47' P.4G£ 59 -F. H. t3rE'UCE EDEN,S, C.G..S GREENWAY ENGINEERMG AN SWEYW491 9O K FIT 6 - BOX MC / 9 MILES EAST ON ROUTE'!D %40 WANCHOVO1. VOIGiMA =M TELEPHONE SW410 -; I,G; STREET CFI\TTERLINE CURVE NO. DELTA RADIUS ARC TANQENN CHORD & CHORD BEARING 1 68020'42" 275.00' 328.03' 186.70' 308.93' N32033'36"W 5 46047'24" 150.00' 122.50' 64.90' 119.12' N64059'33"W 6 43024'46" 462.00' 350.05' 183.91' 341.74' N63018'14"W 7 08000'00" 514.82' 71.88' 36.00' 71.82' N17037'00"E 9 29000'00" 139.50' 70.61' 36.08' 69.86' N77006'45"E LOT CURVE LOTS ON CURVE 42 09023'16" 300.00' 49.15' 24.63' 49.10' N03004'53"W 43 10019'37" 300.00' 54.07' 27.11' 54.00' N1.2056'19"W 43 94006'53" 25.00' 41.07' 26.86' 36.60' N28057'19"E 43 15036"00" 114.50' 31.17' 15.68' 31.08' N8304845"E 45 22032'29" 164.50' 64.72' 32.78' 64.30' S80020'31"W 45 74054'24" 25.00' 32.68' 1.9.1.5' 30.41' N73028'32"W 46 16008'03" 300.00' 84.48' 42.54' 84.20' N44005'22"W 47 14034'34" 300.00' 76.32' 38.37' 76.11' N59026'40"W 50 88020'57" 25.00' 38.55' 24.29' 34.84' S22033'29"E 51 05004'33" 539.82' 47.82' 23.93' 47.81' S19004'44"W 52 02055'27" 539.82' 27.55' 13.78' 27.55' S15004'44"W 54 88006'51" 25.00' 38.45' 24.19' 34.77' S57040'25"W 54 06044'28" 487.0C' 57.30' 28.68' 57.26' N81038'23"W 55 06-08'06" 437.00' 46.79' 23.42' 46.77 S81056'34"E 56 11008'40" 437.00' 85.00' 42.63' 84.87' S73018'11"E 57 10029'20" 437.00' 80.00' 40.11' 79.89' S62029'10"E 58 12005'05" 437.00' 92.17' 4 k 26' 92.00' S51011'58"E 59 03033'34" 437.00' 27.15' 13.58' 27.14' S43022'39"E 59 19038'40" 175.00' 60.00' 30.30' 59.71' S51025'11"E 60 11040'47" 175.00' 35.67' 17.90' 35.61' S67004'54"E 60 74032'03" 50.00' 65.04' 38.04' 60.55' S35039'16"E 61 114054'03" 30.00' 60.16' 47.00' 50.58' S59003'47"W 61 21053'20" 125.00' 47.75' 24.17' 47.47' N52032'31"W 61 11009'15" 487.00' 94.81' 47.55' 94.66' N47010'29"W 64 13045'04" 250.00' 60.00' 30.14' 59.86' S05015'47"E 65 26044'56" 250.00' 116.71' 59.44' 115.66' S25030'47"E 66 95020'22" 25.00' 41.60' 27.45' 36.98' N69017'11"E 66 24009'23" 250.00' 105.40' 53.50' 104.62' S50057'56"E 67 08000'00" 489.82' 68.39' 34.25' 68.34' N17037'00"E 70 06002'59" 487.00' 51.42' 25.73' 51.40' N64000'44"W 70 80039'13" 25.0C' 35.19' 21.22' 32.36' N26042'37"W 71 08014'C7" 487.00' 70.0C' 35.06' 69.94' N56052'10"W CURVE TABLES FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, F EDERICK CO., VA. SCALE: N/A DATE = OCTOBER 27,1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C i 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET Z Of Q ._ v 19 ti� � A/ORTH ems. i 7,6147 13\ h��1G tit st � s coo uD 9, 825 �• �� a � � % � Q N / � aa --- -- --- -- --- ---- ay�� � S Ott— PACE-----j},fPoe— — h f. /V O/ " 96 ' 4511E Z3 5. QIO' fo' 35' 494//LO/1t/6' �PESTQiGT/O L�ic/E N 37 ti 36 39 N ' ZO' OQq/NAGS EgSEtiA�FNT 80. AD ' 75. GO' j BO• a10 ' M4kv A m 5 of 3(0' 45"g/ Z95. oo' AiViV 5. A-lcyALE FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT FREDERICK CO VA. SCALE: I" = 50' 1 DATE a OCTOBER 27. 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUT E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 3 of B NOW rH /s 4z / 8, 772 !f s h Al 0/0 36 "¢5"E Z40. Gib' � N g o 9, ZOO !l 91 ZODlf IN, 35' BC//LD/N QESTP/GT/O G/NE E5ti1'T---:%� -— 80. 7�00' 80.00' 3/.07' As 49•� 10, 40 g 4/ S m 4 0 ") ov N 8400 N 8, 960 0 ;V 9, 005 0 75. 00 80. 00 ' 80. &V ' 5 O/ 10 -46 ' 45 " W Z95. 00 ' IV4 I I .4. 5F' 441AI S. ti/C1/AL E' FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: 1" = 30' I DATE : OCTOBER 27. 198T GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 4 Of ' i i'01 Y&'45 /04 ¢ 10% -- - C08.90 ' XI-.3 A=d�.0�. F 2o' esrASEME 13 ap ( /O, 9¢9 .:,Z i 46 -Z '►. \ °�- /O, 733 a fp Zx O N04°/4'34"E �NQQlb q 44 �`% V i 8, 755 89.L70" 1 50.00 S O/° 36' 46" W 1 95.00' Z34.00' 1W,4,Ql<' 4. i 41VIV 5. MC A/4G E FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" . 50' 1 DATE : OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 bOX 152C 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 k4�pv TELEPHONE 662-4186 SHEET 5 of 8 No A7 rH �� ,�� 50 v a �� ZZO 0 /: V All 49 �� 0// 9, ZOO (b 48 ti o�' � j 9, � Z3 !,� 47 �Q X \j 1-7 FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: r.50. DATE: OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 6 of & /VOW T/-/ I ti 53 9, r!o 72 i; z ^Q R �+ �N3 7B/ l,� y� oti ���••ti 5! - � B¢ /o � �ESrp croN` � 9, 8�05 (1 ��► IVZj roe -9 790 � 6 7 h ^0 Q FINAL PLAT — SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r : 'SO' I DATE : OCTOM QT, 196T GREENWAY ENGINEERING AND SURVEYING CO., INC. AT 6 - BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 Q TELEPHONE 662-4186 SHEET 7 of [J i 9 10� &'45 11 N% FINAL PLAT - SECTION TWO MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r • so, I DATE = OCTOBER 27,1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 13 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 6624186 SHEET & of 8 F/NAL PATS SEC TioN OwE M/L L RACE ES TA TES -51W,4Jl AAF-6- D/.ST.e/CT.......................................... FieEDER/CK COUNTY, I//Z61A IA OCTOBE,e e7, /--A87 .�ovrE 7 -- h� S/TE � z 'C�OC/rE a 6�9 pOU>E S9 l//C/AJ T Y t_...ia*Bie'� 1 SCAL E MA P �'"E �S6 / - = z000 , A 1,1 PPOPE,eTY O`Y1VE,I°S /N "le L ,PACE ESTATES ARE .ffOU/,PED TO 156Z O" TO THE 49iL G .e4CE ESTATES HOME OlNNE,e,S ASSOC/AT/OA/. TAT ,45506-/4T/0A1 /S T/-/E O!N/VE,e OF ALL A.eC,45 S/-IOJ-YAI AS CO""ON 4RE,4S ON T,W ATTAC1-/EO SCATS ,4AI/D /J ,eESPOA/S/BL E A-aC T/-/E MA/A/7Ei-Al�UCE OF 71-10-5C AREAS. AFL OTf/E,e ,t'ULES OF 7-1-1E ASSOC/,4T/ON ARE SET FORA-1 /N Tf-/E ,eESTR/CT/OA/S AA49 COk"6-AI i 17T5 ATT,4Cl/EO 4 COPY OF T//E FIA44Z PLAN FO,e A-f& C RACE ESTATES /S OA/ f /C E AT T! /E F,eEDER/CK COU.UTY OEPA,e7A' &-X/T OFPCA.t/N/�(/O ,4rt/D DEIiELOPME,f%l APPROYAZ.s BOARD OF S UPE,ekllSOR S .oLAN�//1(/G F1eEO. CO. SA.V/TAT/OA/ AUTf-/O,e/TY _-__ _ _ DATE SUBD/V/S/OA/ 4DM11V1S7,,e,47-OR _ ___._ _ ___. DATE ,V4. DEBT OE T,e,"CROR TA T/O,(1 DATE OW"67&5 CERT/F/CA TE T146- ABODE AND FO.e660/NG SUBD/Y/S/OA/ OF THE LAND OF GEORGE *Y GL.4/ZE AA/0 "ZOLYA/ G. GGA/ZE, AS APPE"A,eS /N THE ACCOMPANY1416 P,1,47 /S "/ Tf-/ T,-/E" COAISEA17- .4,V.0 /X/ ,4CCO,POA.(/CE l�Y/7',�/ T1-/E DES/,C'ES OF 2,1/E & VDE,eS/GNEO 0X VE,C5, P,POP,P/ETO,PS, AND T,PUSTEES, /F f1.V - -- ------ DATE- ----- ---- -- pA TE . clg ve-YaRe 5 / /✓E,eEBy CE.eT/FY TNAT T/-/E LAA/O /A/ rA//S SUBD/v/S/O.t/ /S 4 P'0e7-1L2X1 OF T//E LX.VO TO GEO.eGE dV GGq/IE XAW CA,eOL YA./ G. GLA/ZE, N/S IN/FE, BY DEED GATED ZI J4,4"kr /9B Ait/O 4"0AI& THE L,4N0 �'ECO,eDS OF F.E'EDE'.e/C.� COUNTY, l//1PG1A11,4 /iV GEED BOO, 60.9 ,47' PAGE S9 g. GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET / of STREET_ CENTERLINE CURVE NO. DELTA RADIUS ARC TANGENT CHORD & CHORD BEARING 4 67036'32" 175.00' 206.50' 117.17' 194.73" N38049'12"W LOT. NO. LOTS ON CURVE 1 C2010'C7" 1842.06' 69.72' 69.71' N84011'33"W 2 02030'53" 1842.06' 8C.84' 80.84' N86032'03"W 3 89020'02" 50.00' 77.96' 70.30' S46016'46"W 3 01015'45" 1842.06' 40.58' 40.58' N88025'21"W 4 08018'27" 379.13' 54.97' 54.92' S77021'39"W 4 100005'52" 50.00' 87.35' 76.66' N48026'11"W 19 105045'57" 25.00' 46.15' 39.87' S54029'44"W 20 25000'00" 150.00' 65.45' 64.93' N60007'30"W 21 42036'33" 150.00' 111.55' 109.00' N26019'13"W 24 48011'23" 25.00' 21.03' 20.41' N19004'44"E 24 35033'36" 50.00' 31.03' 30.54' N25023'38"E 25 49036'49" 5C.00' 43.30' 41.96' N17011'36"W 26 44042'49" 50.00' 39.02' 38.04' N64021'25"W 27 45054'21" 50.00, 40.06' 39.00' S70'20'01"W 28 44048'37" 50.00' 39.10' 38.11' S24058'32"W 29 55046'33" 50.00' 48.67' 46.77' S25019'03"E 29 48011'23" 25.00' 21.03' 20.41' S29006'39"E 32 09029'31" 200.00' 33.13' 33.09' S09045'42"E 33 34018'54" 200.00' 119.78' 118.00' S31039'54"E 34 20011'52" 200.00' 70.51' 70.14' S62031'30"E 36 74014'02" 25.00' 32.39' 30.17' S35030'17"E CURVE TABLES FINAL PLAT - SECTION ONE MILL .-RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: N/A DATE: OCTOBER 27 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. • RT 6 - BOX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 Q TELEPHONE W241W SHEET Z of Q O A= 88.95" T= 44.64' 88. 79 ' Q` EAS TERN C61RVF DA TA ZI R = /880. 8G ' A = 36 7. OZ ' CH= 587'/4 %% E 36C. g3' F,eEDE"RIC 1(� M A = /9 ° 45' 4Z R = //54.59' A = 398. 23" T = 2oi // C//=S 7/046'/7"6 396. Z6 ' A S85°ZZ_ Z3„`y ° Z 0 B AMP zoo ACCESS /�•�Q� \ \ F.ry� s%ills \ c. NOTE: COMMON AREA SHOWN HEREON IS TO BE USED BY SECTIONS ONE, TWO, AND THREE OF MILL RACE ESTATES. FINAL PLAT -COMMON AREA MILL RACE ESTATES I SHAWNEE DISTRICT, FREDERICK CO., VA. I SCALE: /" = ZOO' 1 DATE: OCTOSER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET 3 of J DUC/GG,4 S /l GU/L L /AM5 Al 0 R T /5 7. 08, , 94 I 08 ZZ �" �1) ^t9 /O, 599 4� ` P 4 "V/2° i Al OZ ° 00' 54"E 0 � ZZ0 o i ; 2 a0 I 9, 2321% /O, 87B 4� ^ i 9�I 57VIC7-10,V G /EVE I -- - - - - - _L--� as Q' A/ O/ ° 96, ¢51"16:- /94.67' 35' BU1GDi1V6 'PE5 /?iCTlow zImA7 s � •¢ M o tij 0 .: TV,ti } 9, /39 ap 8, 400 �l N 8, 9 cO 'A L 75. 37' 75.00' 80. 00' y 5 O/ ° 96 ' ¢5 "K/ Z30. 37' MgQ/l A Z Atill 5 Mcy.4L E FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA, SCALE: r.50. 1 DATE : OCTOBER 27., 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 4 of B oouGG .45 K. a 4 ��►' h / � P 8 NO%° 34 976 o i 5 O/' 36 ' 4511AI Z40. Gam' --Mttf ----SCE -ti�� - - --f- - /V O/' 36 ' 45116, 9/0. OD' a i — — 75 00 ' BO. 00 ' 75• 040 ' B0. 00 ' -- — 35' BU/GOi�/G PE5rQiC7-10w Z. iNE O 8, 400(f 8, 9�00 8, 400a 41 � y N 75.00 ' 80.00 75.00 " 30.00 5 O/' 361, T 5 " w 9/0. GV ' /lilAQll .4. "All S. Mc G/AL EE FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" . SO' 7 DATE = OCTOM 27. 1987 GREENWAY ENGINEERING AND SURVEYING CO.. INC. R- � bCR '52C 3 Mf-ES EAS-ON RO„-E X WINCHESTER VIRGINIA 22601 'ELE-' 40NE 652--l** SHEET 5 of 8 NOR 7-/-/ Al 04 Z 14 /90 7 14 /0 ggg 35 SLIll-, 21 Z- 1AIZ-' A� A-�5 rA21C: r167AI 75-00' 70. 00 6 0/ 0 96 45 " K/ of of I I It /? 4 0-7 IV 0/0 36'45"4F 90.00/ 75.00 ' 79. 00 95' 46LII&OIA16 '3"4004' 3,96041 31400 75,010' 90. 00 75.6v 5 0/-0 96 141 Z90.00, IV,4kX--' 4- eF FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: a SO'I DATE: OCTOBER 27.1987 It\ GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C ' 3 MILES EAST ON ROUT E 50 WINCHESTER, VIRGINIA 22601 %47 TELEPHONE 662-4186 SHEET 6 of N N ti l'1 ni AlOiZTA-1 50 � •C/u 59.93 •. �a i --� 3 gaaol h / As 5 C r; / ✓4 "6-5 R ie- NlgRY B. K/L L OI1GH ' e 38,ZZ,/N/ /74•49 04 N �� 75 Op / 79.90 N Vi N N aESTQiG � Bp.00 'ell /05 O5' , _. ,17 � J h wT i I FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA, SCALE: 1" = 50. 1 DATE : OCTOM E7. 1987 GREENWAY ENGINEERING AND SURVEYING CO.. INC. PT 6 - BOX '52C 3 MILES EAST ON QOUTE 50 k�pv WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 i SHEET 7 of 6 AloR r14 _g ",4 Rl JAMS o Al Oho g'e .00 t'N 29 ti o, ZS , o''� m % 7g & a P° °� Z7 t 4 57-0A&� Al OS' Aq A�00 th 4-45-5 0 ILI) C> Z4 &JI 0 70. 3 7' IZ54 5 'q'j' FINAL PLAT — SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: 1** a 50' 1 DATE : OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - bOX 152C 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET <3 of F/NAL PLATS SEC TioN owE "A.L' RACE ESTATES -5AUI' XAf-EE D/STD/Cr......................................... . COf/NTY //IR41AIIA OCTOBER Z7, /.'A87 .PovrF 7 h� SITE J i VICIAJ/ TY ,ere Gs� SC,4C E= MAR i /"= P000, ACC PROPE,eTY OJ VN;E,eS /A/ M/C L .?ACE ESTATES ARE REQU/.eEO TO e61- 0" TO THE 4-1/C C e4CE ESTATES I10ME 0`1A1CeS ASSOC1,47-10A1. 75/E .4550C/.47-10AI /S Tf/E OJ'YA1E,e OF AC G 4,eEA5 .5110,kYA1 AS COMMON(/ A.e EX ON 7,-W ATTACHED PLATS .4A4/ /S .eE-5110A/5/BLE FD.e 7;11E M.4MIA/-A14AICE OF Tf-10.SE A.eC,,45. A L C OT/1E".e .eUC ES OF THE A.SSOC/AT/ON ARE SET FOR r14 JN T1-IC .eEST,e/CT/OA/S AA10 C0VC11AA17S A7-7-,4C/1E0 /1E,eETO. A COPY OF T/!E F/it/,4L MAS7E.C' PCA& -0k M/L G .eACE ESTATES /S ON f%C E" AT 7'1-1E F,eEDER1C.� COUNTY 0EP,41erA&-X17- OFPCArt/N/,l/6 Ait/D DEI�ELOP�IE.(%1 APORoY,4 � s BOARD OF-561,0E,eVISOR.5 __ _ DAT€ .0C4,411V/A/6 COMM/SS/O.V DATE FRED. CO. .5,4AII7,47-I0A/ AC/T1-10,e1TY DATE SUBD/Y/S/OAl ADMIA1157R.47-JP _ DA7E k�4- DEPT Oi' 7,eA1(/SR0R7A7'101,1 DATE OWiVERS CERT/F/CA TE 7-1-1E ABOI/E" AND F0,2E60IN6 SUBDAV/S/OAJ OF THE LAA/O OF 6E026E )Y. GL.4/ZE A,C/D CAROLYA/ 6. GLARE, AS APPE"4Z-5 /A/ 7'/4E ACC0MPAA1)-"1 1& PLATS /S "/ 7-/-1 T1-1E COit1SE1,/7- .4&0 /A/ ACfO.eOA.t/G'E dY/T// T/-,,E DES/.E'ES OF 7,41F SwDE,eS/"no OlN�t/E.E'S, P,POP,P/ETO,PS, Ait/D T,PUSTEES, /F ,4�(/Y DA TE D E SURIiEYo�eS CE'�PTiF-ic.4TE / .yE,eEB Y CE,PT/FY 7-1-147- T/-1 E L A.VO CO.VTA1A1670 /N Tf-//S SUBOJY/S /OAI /S 4 POA7T/O,(/ OF T.qE CA.(/O TO 6"E0,P6E `1! GCq/ZE AA/0 C,4,eOC YA1 6. 6CA/ZE, /-//S dY/FE, BY OEEO 0,47'ED Z/ ✓<1.VU,4Rr /9B6 ,4" AMONG rX1E ZA,(/D OF 1r;ezwce1(5-& COU.t/TY, Y/,eG/ti/Q Mil/ DEED 800.E 609 AT PAGE 59 4. A/ Ei,PUfE EDEA/S, C.G.S, GREENWAY ENGINEERING AND SURVEYING CO., INC. AT 6 - 13OX 152C ' 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 6W-4186 SHEET / Of d9 STREET CENTERLINE CURVE NO. DELTA RADIUS ARC TANGENT CHORD & CHORD BEARING 4 67036'32" 1-75.00' 206.50' 117.17' 194.73" N380491.12"W LOT. NO. LOTS ON CURVE 1 02010'07" 1842.06' 69.72' 69.71' N84011'33"W 2 02030'53" 1842.06' 8C.84' 80.84' N86032'03"W 3 89020'02" 50.00' 77.96' 70.30' S46016'46"W 3 01015'45" 1842.06' 40.58' 40.58' N88025'21"W 4 08018'27" 379.13' 54.97' 54.92' S77021'39"W 4 14C°05'52" 5C.00' 87.35' 76.66' N48026'11"W 19 105045'57" 25.00' \46.15' 39.87' S54029'44"W 20 25000'00" 15C.00' 65.45' 64.93' N60007'30"W 21 42036'33" 150.00' 111.55' 109.00' N26019'13"W 24 48011'23" 25.00' 21.03' 20.41' N19°04'44"E 24 35033'36" 50.00' 31.03' 30.54' N2502338"E 25 49036'49" 50.00' 43.30' 41.96' N17011'36"W 26 44042'49" 50.00' 39.02' 38.04' N64021'25"W 27 45054'21" 50.00' 40.06' 39.00' S70'20'01"W 28 44048'37" 50.00' 39.10' 38.11' S24058'32"W 29 55046'33" 50.00' 48.67' 46.77' S25019'03"E 29 48011'23" 25.00' 21.C3' 20.41' S29006'39"E 32 09029'31" 200.00' 33.13' 33.09' S09045'42"E 33 34018'54" 200.00' 119.78' 118.00' S31039'54"E 34 20011'52" 200.0C' 7C.51' 70.14' S62031'3C"E 36 74014'02" 25.00' 32.39' 30.17' S35030'17"E CURVE TABLES FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: N/A DATE : OCTOBER 27 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. • RT 6 - BOX 152C 3 MILES EAST ON ROUTE 5,C WINCHESTER. VIRGINIA 22601 Q TELEPHONE W-4186 SHEET Z of GJ CURVE 0,4 774 0 A= 88.95' T= g4.G4' CH= N8/'05'5B'"E 68. 79 ' Q EA-5 T&- ,CAJ 0 a = //° /o' 06 " ,Q = /880. 86 ' A = .36 7. OZ 36 6.43' 0 A = 398. e3' 7'= 20/. //' CN= S 7/ ° q6 '/7 "E 396. Z6 ' 0 A B R A nv! -5 ky 08/O' 2798_---� 6 sue. F ro SEw��\ae 00, 50 E C 5 Q ao %;66.95 x NOTE: COMMON AREA SHOWN HEREON IS TO BE USED BY SECTIONS ONE, TWO, AND THREE OF MILL RACE ESTATES. FINAL PLAT -COMMON AREA MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: / " = ZOO ' 1 DATE: OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 3 MILES EAST --)N POU- E 5U -0 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4166 SHEET 3 of I OOl�6GA5 K. W1,1-Z /ANl5 A10 R'-AV AlOZ0 GYM' 54"G Z9708' i I 0 S 0/ 0 36' 451w — TC`9�_---�t�T A/ all 961 451,E /94.67' 99.eo7' 35' \ BI�iGDiit/G APES QiCTiDN L/.UE l� V1 OO _ _ � M �4 Nti 5 ° "ti • ap V 5 37' 75.00' 80.00' y 5 O/ ° 3l0 ' ¢5 "!!/ 030. 37' M/I!l!l E 4411V 5 MCl,1ILE FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. ( SCALE: 1.11150. T DATE : OC OBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT. 6 BOX 152C 3 MILES EAST ON ROUTE 50 %47 WINCHESTER, VIRGINIA 22601 TELEPHONE 662.4186 SHEET 4 of 8 oouGl AS K. � � 4 /4M5 )VORTH 4 u cs� ..• Q' 779 75 19 j �V 35' BUiIO/NG RES ,Pi A = 46-15' 1 ! 90 GYM ' 75.00' F 5 D/ ° 96 ' 45'1 Al Z40. Q0' N /O, 534l N 75.410 ' 80.00 ' 75. GYJ ' 80.00' 35' BU/LOi�/G RESTQ/CT/ON G/t/E 7 ti 8 N 9 N ," w 3/0. It" ' /lilA,Qll A 4'1V 1 5. MC, -/ALE FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r . 50' 1 DATE : OCTOBER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. FIT 6 - BOX 152C 3 MILES EAST ON ROUT-E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4166 SHEET 5 of & A/ i:D.Jq 7- A104't 7 I I Igo. 70- 14 /0 ggq, N 9,367 \` !10 35 SU14 21,,V6 r162,lV G IA4E 7 -6.4x t 7a. X 6 0/ 96 " 45'1 R/ 706.4091 Azf 1 /72 4 /v/ rN .06f 75. 00' 95' 46L11e01A16 90.00 " A76-57-A71C7101V 75.00 Z-IAAE N 6,400 4� &0 4 ti61 4 00 4'j' Ni 5 0/0 9co 1 4511* 'w Z90. 00 1 AlWkX--� A. Z d&,,V 5. AlnqWZE FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" a 50\ I DATE ; OCTOBER 27.1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT. 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET 6 of 9 NORTH JAME'5 ) . ig NW B. k/CC oUGH ' /74•49 — . /104°Z4'Z7UE /09.93 50. 5 .79. 90 It M 3Z 9, 5 76,41 : ti N 33 b N L/NE B y/L 01 tt� Q,_ 8fo•�y \ ti / - f30.00 a 18 N Pry Al 05a 00157 85.00' N Al LNG RES _ ZZ /O, 9 7Z ¢ 3 /O, 75. FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA, SCALE: I" = 50' DATE OCT08ER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. FIT 6 - bOX 152C ' 3 MILES EAST ON AOU1 E 50 WINCHESTER, VIRGINIA 22601 Q TELEPHONE 662-4186 SHEET 7 of (� FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: 1*' a 50' 1 DATE : OCT013ER 27,1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 7 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 [SHEET 6 of DRAFT Aar THIS DEED OF DEDICATION made and dated this day of . 1988, by and between John E. McALLISTER and Jane P. McALLISTER, his wife, parties of the first part, hereinafter called the Declarant, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, and Benjamin M. BUTLER, Sole Acting Trustee, party of the third part, and FARMERS AND MERCHANTS NATIONAL BANK, party of the fourth part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on the attached plat drawn by H. Bruce Edens, C.L.S., dated the 27th day of October, 1987, known as Mill Race Estates, Section Three, and is part of the development known as Mill Race Estates, described on the Final Master Development Plan of Mill Race Estates, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same land conveyed to the Declarant by Deed dated May 27. 1988, from George W. Glaize, Jr., et. ux., which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 681 at Page 807; and, WHEREAS, the property is subject to a Deed of Trust dated May 27, 1988, of record in the aforesaid Clerk's Office in Deed Book 681 at Page 810, from John E. McAllister and Jane P. McAllister to Benjamin M. Butler, et. al., Trustees, to secure Farmers and Merchants National Bank a certain obligation described therein; and. WHEREAS, said real estate, as shown on the attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land. together with the dimensions of each lot thereof (and also shows those certain easements reserved for installation and maintenance of water and sewer facilities for said lots). and further shows those certain public streets designated Mill Race Drive, Julee Street, and Evette Place which shall constitute a portion of that development known as Mill Race Estates, and further additions/lot owners shall become members of the Mill Race Homeowners Association upon the same terms and conditions herein; and, WHEREAS. the Declarant. the Trustee, and the Beneficiary under the THOMAN A. UOUTHAN ATTORNEY AT LAW WINCH-TEK VA Deed of Trust desire to subdivide the same into lots to be known as Mill YYBOl Race Estates, Section Three. The subdivision of the said real estate as it now appears on the aforesaid plat is with the free consent and in THOMAS A. LOUTHAN ATTORNEY AT LAW WINCU-TER. VA 2Y 1 accordance with the desires of the undersigned Declarant, Trustee, and Beneficiary under the aforesaid Deed of Trust, and the parties hereto further agree to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of the execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant, Trustee, and Beneficiary do hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated as Mill Race Estates, Section Three, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid plat of H. Bruce Edens, C.L.S., dated the 27th day of October, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the Final Master Development Plan for Mill Race Estates, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to John E. McAllister and Jane P. McAllister, his wife, from George W. Glaize, Jr., et. ux., by Deed dated May 27, 1988, which is of record in the aforesaid Clerk's Office in Deed Book 681 at Page 807. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Mill Race Homeowners Association, a non stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real l property hereinabove described as Common Area or Open Space, and such Fa THOMAS A. LOUTHAN ATTORNEY AT LAW W(NCHESTEX VA Y 1 additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Mill Race Estates, with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to John E. McAllister and Jane P. McAllister, his wife. A R T I C L E II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E III VOTING RIGHTS Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. 3 THOMAS A. LOUTHAN AT UNEY AT LAW WINCHMT6B. VA 2Y 1 BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the 36th Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the By — Laws of the Association. ARTI.CL_E IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of EWoyment: Every Member shall have a right and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By —Laws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b). The rights of the Association to suspend the voting rights and the right to the use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority. or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two—thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty—five (25) days nor more than fifty (60) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By —Laws, his right of enjoyment to the Common Area to I the members of his family, his tenants, or contract purchasers who reside on the property. 4 THOMAS A. LOUTHAN ATTORNEY AT LAW WINCHB TRN. VA 8f 1 A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a Deed therefor, whether or not it shall be so expressed in any such Deed of other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Common Area. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of a Lot to an Owner, the maximum annual assessment shall be in the amount of the current per year per Lot assessment, provided, however, in no case shall the same be less than $30.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two—thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) C THOMAS A. I.OUTHAN ATTOHNEV AT LAW WINCHMTEN. VA sew. days nor more than sixty (60) days in advance of meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section b. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the -presence at the meeting of Members or of proxies entitled to cast sixty- seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix 6 THOMAS A. LOUTHAN ATTORNEY AT LAW WINO ESTER. VA 9 1 the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non —Payment of Assessments: Remedies of the Association: Any assessment which is not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non—use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale,. shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the Common Area; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit 7 THOMAS A. LOUTHAN ATTORNEY AT LAW WINMMTEK VA 9NB01 organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Area: In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. ARTICLE VI USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. LAND USE: No lot shall be used except for single family residential purposes. No beauty shops or similar home occupations, nor any home occupations of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen from any road at any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected. or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one story or the above ground levels in a multi —level home — 1,400 finished square feet; (b) Split foyer and one and one—half stories — having a first floor of 1,200 finished square feet and a total of 1,800 finished square feet; (c) Two stories — 900 finished square feet each floor. All structures must have a minimum roof pitch of 5/12. 8 THOMAS A. UOUTHAN ATTORNEY AT LAW WINCHESTEK VA RY l 4. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction of vinyl or aluminum siding, except that vinyl may be used for not more than twenty percent (20%) of the total exterior surface area. b. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 6. FENCES: No Fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed sixty inches in height and the material and design shall be wooden board or rail, and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the owner from constructing a fence as required by the BOCA Code in the event that a swimming pool is placed upon the subject property. 7. CLOTHES LINES AND SATELLITE DISHES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. No satellite dish or like device for the reception of TV signal, microwave signal, etc., shall be allowed on the premises, provided however that one TV antenna may be allowed so long as the same is attached to the house. 8. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 9. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that usual household pets are allowed provided they are not kept or maintained for commercial or charitable purposes and/or in unusual numbers. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Mill Race Subdivision. 10. OFF—STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off—street parking space of at least 12' by 401. 11. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second—hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor 9 THOMAS A. LOUTHAN ATTORNEY AT LAW WINC.ffi TEJL VA .Y l vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway). 12. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three feet above ground level within ten feet of the intersection of any two street lines. 13. NUISANCES: No noxious or offensive activity shall be carried on on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 14. UTILITIES: All utilities, including all telephone, electric, television, gas, T. V. Cable, etc. shall be located underground. 15. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his expense. The final determination regarding this requirement will be made by the Virginia Highway Department representative that services the area. 16. WAIVER OF COVENANTS: The Declarants herein alone reserve the right to waive restrictive covenant #1 with respect to land use, and restrictive covenant #2 with respect to building type, and restriction #3 with respect to total finished space; not withstanding the provisions hereinabove, the Declarant or its appointed successor in interest, shall reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 17. ENFORCEMENT: The Declarant herein and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation. Declarant's rights of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 18. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. 10 THOMAS A. I.OUTHAN ATTORNEY AT LAW WINCHEMTER, VA 29601 ARTICLE VII EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarant reserves an easement over the Common Area for sanitary sewer easement(s), water line easement(s) and drainage easement(s), as shown on the plat drawn by H. Bruce Edens, C.L.S., dated the 27th day of October, 1987, attached hereto and by this reference made a part hereof as if set out in full. Section 2. Surface Drainage Easement(s: The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement(s) on the aforesaid attached plat, for the purpose of surface water drainage easement(s). No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easement(s) may not be altered or modified without the prior consent of the County of Frederick, and the Declarant, Trustee and Beneficiary do hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easement(s) for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easement(s), provided, however, that in the event the Association fails to maintain said surface drainage easement(s), then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT 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 facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 feet along the front and 11 THOMAS A. LOUTHAN ATTORNEY AT LAW WINCHF TER, VA 9P rear of each Lot and a 10 foot strip along the boundary of all non —adjoining Lots and over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy—five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Mill Race Estates. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. 12 THOMAS A. LOUTHAN ATTORNEY AT LAW WINO MTER VA 2Y 1 The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant, Trustee and Beneficiary under the aforesaid deed of trust, and is in conformity with the provisions of the Virginia Land Subdivision Act as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: JOHN E. McALLISTER JANE P. McALLISTER COUNTY OF FREDERICK, VIRGINIA BY: BENJAMIN M. BUTLER (SEAL) (SEAL) (SEAL) (SEAL) FARMERS AND MERCHANTS NATIONAL BANK BY: (SEAL) M. LEE BOPPE, VICE PRESIDENT 13 CITY/COUNTY OF , To -wit: I. a Notary Public in and for the State and jurisdiction aforesaid. do hereby certify that JOHN E. McALLISTER AND JANE P. McALLISTER, whose names are signed to the foregoing Deed of Dedication. dated the day of , 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My Commission expires: NOTARY PUBLIC U19CNgoffe) 'ji"it)I�I El CITY/COUNTY OF , To -wit: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that who is of FREDERICK COUNTY, VIRGINIA, whose • name is signed to the foregoing Deed of Dedication, dated the day of 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1988. My Commission expires: THOMAS A. LOUTHAN AIT HNHY AT LAW WINCHH9T6K VA iYB01 NOTARY PUBLIC 14 STATE OF VIRGINIA CITY/COUNTY OF , To —Wit: I, . a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that BENJAMIN M. BUTLER, Whose name is signed to the foregoing Deed of Dedication, dated the day of . 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My Commission expires: NOTARY PUBLIC STATE OF VIRGINIA CITY/COUNTY OF , To —wit: I. , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that M. LEE BOPPE, who is Vice President of FARMERS AND MERCHANTS NATIONAL BANK, whose name is signed to the foregoing Deed of Dedication, dated the day of 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My Commission expires: THOMAS A. LOUTHAN ATTORNEY AT LAW WINOREBTER. VA Y 1 NOTARY PUBLIC 15 BMB:fmc1 6206 05-16-88 THIS DEED OF DEDICATION, made and dated this 27 day of May, 1988, by and between JOHN E. McALLISTER and JANE P. McALLISTER, his wife, parties of the first part, hereinafter called the Declarant, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, and BENJAMIN M. BUTLER, Sole Acting Trustee, party of the third part, and FARMERS AND MERCHANTS NATIONAL BANK, party of the fourth part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by H. Bruce Edens, C.L.S., dated the 27 day of October, 1987, known as Mill Race Estates, Section Two, and is part of the development known as Mill Race Estates, described on the Final Master Development Plan of Mill Race Estates, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same land conveyed to the DECLARANT by deed dated May 27, 1988, from George W. Glaize, Jr., et ux, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book at Page ; and, WHEREAS, the property is subject to a deed of trust of even date herewith, of record in the aforesaid Clerk's Office in Deed Book at Page , from John E. McAllister and Jane P. McAllister to Benjamin M. Butler, et al, Trustees, to secure Farmers and Merchants National Bank a certain obligation described therein; and WHEREAS, said real estate, as shown on the attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain easements reserved for installation and maintenance of water and sewer facilities for said lots), and further shows those certain public streets designated Mill Race Drive, Julee Street, and Ginger Street which shall constitute a portion of that development known as Mill Race Estates, and further additions/lot owners shall become members of the Mill Race Homeowners Association upon the same terms and conditions herein; and, WHEREAS, the Declarant, the Trustee, and the Beneficiary under the deed of trust desire to subdivide the same into lots to be known as Mill Race Estates, Section Two. The subdivisio of the said real estate as it now appears on the aforesaid pla is with the free consent and in accordance with the desires of the undersigned Declarant, Trustee, and Beneficiary under the aforesaid deed of trust, and the parties hereto further agree to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of the execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits whic will accrue by reason of this Dedication, the Declarant, Trustee and Beneficiary do hereby subdivide, grant and dedicat in fee simple all of that certain tract or parcel of land designated as Mill Race Estates, Section Two, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid pla 2 of H. Bruce Edens, C.L.S., dated the 27 day of October, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the Final Master Development Plan for Mill Race Estates, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to John E. McAllister and Jane P. McAllister, his wife, from George W. Glaize, Jr., et ux, by deed dated the 27 day of May, 1988, which is of record in the aforesaid Clerk's Office in Deed Book at Page All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Mill Race Homeowners Association, a non stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinabove described as Common Area or Open Space, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots M designated upon the plat of Mill Race Estates, with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to John E. McAllister and Jane P. McAllister, his wife. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest 4 required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the 36th Lot in the Properties; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. 5 (b) The rights of the Association to suspend the voting rights and the right to the use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25)days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on the property. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest shall be a charge on the land and 0 shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Common Area. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of a lot to an Owner, the maximum annual assessment shall be in the amount of the current per year per lot assessment, provided, however, in no case shall the same be less than $30.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two- thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent .to all Members not 7 less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improve- ments; In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in 8 Section 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessment which is not paid E when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the Common Area; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or 10 nonprofit organization exempt from taxation by the ltws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Area: In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. LAND USE: No lot shall be used except for single family residential purposes. No beauty shops or similar home occupations, nor any home occupations of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen from any road at any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total 11 finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one story or the above ground levels in a multi -level home - 1400 finished Square Feet; (b) Split foyer and one and one-half stories - having a first floor of 1,200 finished Square Feet and a total of 1,800 finished Square Feet; (c) Two stories - 900 finished Square Feet each floor. All structures must have a minimum roof pitch of 5/12. 4. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction of vinyl or aluminum siding, except that vinyl may be used for not more than twenty percent (20%) of the total exterior surface area. 5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 6. FENCES: No Fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed sixty inches in height and the material and design shall be wooden board or rail, and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the owner from constructing a fence as required by the BOCA Code in the event that a swimming pool is placed upon the subject property. 7. CLOTHES LINES AND SATELLITE DISHES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. No satellite dish or like device for the reception of TV signal, 12 microwave signal, etc., shall by allowed on the premises, provided however that one TV antenna may be allowed so long as the same is attached to the house. 8. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 9. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that usual household pets are allowed provided they are not kept or maintained for commercial or charitable purposes and/or in unusual numbers. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Mill Race Subdivision. 10. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off- street parking space of at least 12' by 401. 11. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway). 12. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three feet above ground level within ten feet of the intersection of any two street lines. 13. NUISANCES: No noxious or offensive activity shall be carried on on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the 13 neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 14. UTILITIES: All utilities, including all telephone, electric, television, gas, T. V. Cable, etc. shall be located underground. 15. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his expense. The final determination regarding this requirement will be made by the Virginia Highway Department representative that services the area. 16. WAIVER OF COVENANTS: The Declarants herein alone reserve the right to waive restrictive covenant #1 with respect to land use, and restrictive covenant #2 with respect to building type, and restriction #3 with respect to total finished space; not withstanding the provisions hereinabove, the Declarant or its appointed successor in interest, shall reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 17. ENFORCEMENT: The Declarant herein and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation. Declarant's rights of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 18. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. 14 A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarant reserves an easement over the common area for sanitary sewer easement(s), water line easement(s) and drainage easement(s), as shown on the plat drawn by H. Bruce Edens, C.L.S., dated October 27, 1987, attached hereto and by this reference made a part hereof as if set out in full. Section 2. Surface Drainage Easement(s): The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement(s) on the aforesaid attached plat, for the purpose of surface water drainage easement(s). No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easement(s) may not be altered or modified without the prior consent of the County of Frederick, and the Declarant, Trustee and Beneficiary do hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easement(s) for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easement(s), provided, however, that in the event the 15 Association fails to maintain said surface drainage easement(s), then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT 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 facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 feet along the front and rear of each Lot and a 10 foot strip centered on the side line of each adjoining Lot, and a 10 foot strip along the boundary of all non -adjoining Lots and over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 16 Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30)year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Mill Race Estates. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance 17 with the desire of the undersigned Declarant, Trustee and Beneficiary under the aforesaid deed of trust, and is in conformity with the provisions of the Virginia Land Subdivision Act as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: (SEAL) JOHN E. MCALLISTER (SEAL) JANE P. MCALLISTER COUNTY OF FREDERICK, VIRGINIA BY -t-�� : 'v\IiV�(4"V`�`(SEAL) (SEAL) JAMZN M. FARMERS AND MERCHANTS NATIONAL BANK BY _V4 (SEAL) M. LEE B P E, VICE SIDENT STATE OF VIRGINIA, OF , TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JOHN E. McALLISTER and JANE P. MCALLISTER, whose names are signed to the foregoing Deed of Dedication, dated the 27 day of May, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. 18 My Commission expires NOTARY PUBLIC ��SjjTATE OF VIRGINIA, -/ 1p OF �/XG/�a� / , TO -WIT: I, k&Y-w.1 a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that iJ . P' Who is Alit. of FREDERICK COUNTY, VIRGINIA, whose name is signed to the foregoing Deed of Dedication, dated the 27 day of May, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand thisc�(&kday of '/ , 1988. My Commission expires �_ c3 ? �"l`� J ' STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that BENJAMIN M. BUTLER, whose name is signed to the foregoing Deed of Dedication, dated the 27 day of May, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1988. My Commission expires NOTARY PUBLIC 19 STATE OF VIRGINIA, OF TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that M. LEE BOPPE, who is Vice President of FARMERS AND MERCHANTS NATIONAL BANK, whose name is signed to the foregoing Deed of Dedication, dated the 27 day of May, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My Commission expires NOTARY PUBLIC BMB:fmc1 6206 Apfa vr.. co� AND BUILDINGIND ti THIS DEED OF DEDICATION, made and dated th f'M lc of April, 1988, by and between GEORGE W. GLAIZE, JR. and CAROLYN G. GLAIZE, his wife, parties of the first part, hereinafter called the Declarant, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by H.. Bruce Edens, C.L.S., dated October 27, 1987, known as Mill Race Estates, Section One, and is part of the development known as Mill Race Estates, described on the Final Master Development Plan of Mill Race Estates, as filed in the Office of the Frederick County Department of Planning and Development. Thi's is a portion of the same land conveyed to the DECLARANT by deed dated January 21, 1986, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 609 at Page 594; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof, and shows that certain Common Area containing 5.807 acres, to be s used as common open space and for the installation and maintenance of water and sewer facilities for said lots, and further shows certain public streets designated as Mill Race Drive and Mill Stone Circle, which shall constitute a portion of that development known as Mill Race Estates, and lot owners shall become members of the Mill Race Estates Homeowners Association upon the terms and conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Mill Race Estates, Section One. The subdivision of the said real estate as it now appears on the aforesaid attached plat is with the free consent and in accordance with the desires of the undersigned Declarant, and the parties hereto further agree to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of the execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated as Mill Race Estates, Section One, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid plat of H. Bruce Edens, C.L.S., dated October 27, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Mill Race Estates, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to George W. Glaize, Jr. by deed dated January 21, 1986, which is of record in the aforesaid Clerk's Office in Deed Book 609 at Page 594. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and - 2 - Articles which are covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Mill Race Homeowners Association, a non stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinabove described.as Common Area or Open Space, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Mill Race Estates, with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to George W. Glaize, Jr. and Carolyn G. Glaize, his wife. - 3 - A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the.first annual meeting following conveyance of - 4 - the 36th Lot in the Properties; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Area and such easement shall be appurtenant to,and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall. be subordinate to the rights of the Homeowners hereunder. (b) The rights of the As ociation to suspend the voting rights and the right to the use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25)days nor more than fifty (50) days in advance. - 5 - Section 2. Delegation of Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Common Area: The Declarant hereby covenants for its heirs and assigns, that Declarant, its successors and assigns, will convey fee simple title to the Common Area to the Association, prior to the conveyance of the 36th Lot. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Common Area. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the 36th Lot to an Owner, the maximum annual assessment shall be $30.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the 37th Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two- thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any.change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. - 7 - Section 4. Special Assessments for Capital Improve- ments; In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Section 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessment which is not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the Common Area; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Area: In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County - 10 - Zoning Ordinance is by this reference made a part hereof as if set out in full. A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. LAND USE: No lot shall be used except for single family residential purposes. No beauty shops or similar home occupations, nor any home occupations of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen from any road at any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one story or the above ground levels in a multi -level home - 1400 finished Square Feet; (b) Split foyer and one and one-half stories - having a first floor of 1,200 finished Square Feet and a total of 1,800 finished Square Feet; (c) Two stories - 900 finished Square Feet each floor. All structures must have a minimum roof pitch of 5/12. 4. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction of vinyl or aluminum siding. 5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 6. FENCES: No Fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed sixty inches in height and the material and design shall be wooden board or rail, and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the owner from constructing a fence as required by the BOCA Code in the event that a swimming pool is placed upon the subject property. 7. CLOTHES LINES AND SATELLITE DISHES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. No satellite dish or like device for the reception of TV signal, microwave signal, etc., shall by allowed on the premises, provided however that one TV antenna may be allowed so long as the same is attached to the house. 8. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. trash, garbage, or other waste, shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 9. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that usual household pets are allowed provided they are not kept or =W= maintained for commercial or charitable purposes and/or in unusual numbers. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Mill Race Subdivision. 10. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off- street parking space of at least 12' by 401. 11. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has ..not been operated within six months on a public street or highway). 12. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three feet above ground level within ten feet of the intersection of any two street lines. 13. NUISANCES: No noxious or offensive activity shall be carried on on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the , neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 14. UTILITIES: All utilities, including all telephone, electric, television, gas, T. V. Cable, etc. shall be located underground. 15. That the Declarant reserves an easement over Lots 1, 2, 3 and 4, within 15' of the property line adjacent to any public roads, for the construction of a wooden fence and/or a sign bearing the name of the subdivision. - 13 - 16. The Declarants herein alone reserve the right to waive restrictive covenant #1 with respect to land use, and restrictive covenant #2 with respect to building type, and restriction #3 with respect to total finished space; not withstanding the provisions hereinabove, the Declarant or its appointed successor in interest, shall reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 17. ENFORCEMENT: The Declarant herein and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation. Declarant's rights of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 18. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarant reserves an easement over the common area for sanitary sewer easement and drainage easement, as shown on the plat drawn by H. Bruce Edens, C.L.S., dated October 27, 1987, attached hereto and by this reference made a part hereof as if set out in full. - 14 - Section 2. Surface Drainage Easement: The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement on the aforesaid attached plat, for the purpose of surface water drainage easement. No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water may be placed within said surface water.drainage easements designated on the aforesaid attached plat. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT 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 facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the - 15 - strip 10 feet along the front and rear of each Lot and a 10 foot strip centered on the side line of each adjoining Lot, and a 10 foot strip along the boundary of all non -adjoining Lots and over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said - 16 - covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%)of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Mill Race Estates. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant, owner of the land being subdivided, and is in conformity with the provisions of the Virginia Land Subdivision Act as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: Xi(SEAL) GEO V W. GLAIZ , JR. (SEAL) CAROLYN G. GLAIZ COUNTY OF FREDERICK, VIRGINIA STATE OF VIRGINIA, City OF Winchester TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that GEORGE W. GLAIZE, JR. and CAROLYN G. GLAIZE, whose names are signed to the foregoing Deed of Dedication, dated the 6th day of April, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 15 day of April . , 1988. My Commission expires August 4, 1989 u OTARY P L C STATE OF VIRGINIA, City OF Winchester , TO -WIT: I, M.F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify Deputy Director, Dept. that Stephen M. Gyurisin who is of Planning & Development of FREDERICK COUNTY, VIRGINIA, whose name is signed to the foregoing Deed of Dedication, dated the 6th day of April, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 18 day of April , 1988. My Commission expires August 4 1989 OTARY PM7IB7 clAme PLATS .SEC TiOM owC M/L L RA CC ES TA TES SA•/AWA14E'E D/ST4e/CT ...•..•••• FRC,0E.e/Ce COUNTY {//RO/N/A OCTOBE,C' e7, /9B7 .PovrE- 7- SITE k 0 'POl/TE 6.3- .POU>E G S9 G. ti' Ems_ 9 1I/C/ti// T Y SCAG E. MA P 1 .eTE GS6 / - = z0oo , ALL P,POFE,eTY 6twNE,e5 /N PACE ESTATES 4,e,4- TO 566Q f/G TO T/1E M/LC eWCE EST,4'TES 1-10ME OWV� _Z,5 AS50C/A710AI T//E .4S50C147_/0A1 /S Tf/E 01 V/l/E.e OF ALL AC6E 45 .5/10MI AS COMMOAI 4R F,45 ON THE ArW1-1ED ALATS ,4Al2? /S ee-_5F0A/5/BZ E A-aC 7;qE ",411VTEA141 CE OF THOSE A e64.S. A[Z OT,�1E",e le(IZES OF 7-1-1E 4.5S0C/.47-/0A1 ARC SET FO,eTf1 /A/ THE ,eESTie/CT/OA4S AND C0VCA1AA17S ATT.4CAICZ? /1E.eETO. 4 COOP OF 7'A1E F/it/AL MASTE�P OEI�ECO�ME�t/T PLAA/ FO,e M/� L ACC ESTATES /S OA/ F/,1E AT TAIL F,fEDER/C.(.� C•0611(/7-Y 0CP,41,CrA&_X/T OFPC,4�t/N/�l/6.4N0 DEIiELOPME,f/X PPROYAZ.5 BOARD OF S UPCRV1SOR S _ .oLANA//A/G COMM/SS DATE F?CD. CO. SAS(//TAT/OA/ A All SUBD/V/S/OA/ ADM/N/ST,e,4T _ D�JT liA. DEFT OF T,E'AA/SRORTAT/O:_ DATE OWIWW15 CER T/F/CA T E TA -IC ABO!/E AND F0,2E60/N6 51-16DIVIJ10A/ OF THE LA(/0 OF 6EOR6C `l! GE,4/ZE AA10 CA,POL.'W 6. 6LA/ZE, AS APPE"A,PS Al 7-1-IC ACCOMPAN)-1416 PLATS /S "1 TN T1-16- COA/5E1,/7' ,41V0 Al 4CC0,C0AX16-.!5- oM/7;z1 T.yE DESlzis OF Tyr ,(/DEEPS/G�(/EO O�'i�it/E.PS, P,POP,P/ETO.eS, Ait/D T,PC/STEES, /F A�(/Y z� DA TE /Z DATE �:SURI/EYO,C�S CE�Q7'/�"/C.4TE TA64T Tf-/E LA,(/O /N T///S SU9'01v1S/O.V /S A FORT/O.V OF T/IE LA.VO TO GEO,PGE `V 6Z,4/IE .4A/D CA,e0Z KA1 G. 664/ZE, N/S lM XW, BY DEED 0,4TE0 Z/ ✓4NU.4 er /9B .4XID ,PECOeOC,0 .4M0A/0 T.-1E Z.4AID OF F,eEDE.C'/C.Y COUNTY, li/.PG1AII-f 111 DEEO BOO, 609 AT PAGE S9 4. /-! E3�E'UCE EDENS, C.G.S. , SxLlrm G► H. BRUCE EDENS �= CERTIFIC/ E t. > 54.17.3 (e)965 OEENWAY ENGINEERING AND SURVEYING CO., INC. 54 l7 3 (b)162 -RT. 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 ���,£O r? ANU WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 SHEET of 8 STREET CENTERLINE CURVE NO. 4 l LOT. NO. 1 2 3 3 4 4 19 20 21 24 24 25 26 27 28 29 29 32 33 34 DELTA 67°36'32" 02°10'07" 020M '53" 89°20'02" O1°15'45" 08°18'27" 100°05'52" 105°45'57" 25°60'00" 42°36'33" 48°11'23" 35°33'36" 49°36'49" 44°42'49" 45°54'21" 44°48'37" 55°46'33" 48°11'23" 09°29'31" 34°18'54" RADIUS 175.00' 1842.06' 1842.06' 50.00' 1842.06' 379.13' 50.00' 25.00' 150.00' 150.00' 25.00' 50.00' 50.00' 50.00' 50.00, 50.00' 50.00' 25.00' 200.00' 200.00' ARC TANGENT 206.50' 117.17' LOTS ON CURVE 69.72' 80.84' 77.96' 40.58' 54.97' 87.35' 46.15' 65.45' 111.55' 21.03' 31.03' 43.30' 39.02' 40.06' 39.10' 48.67' 21.03' 33.13' 119.78' 20011'52" 200.00' 70.51' 74014'02" 25.00' 32.39' CURVE TABLES FINAL PLAT - SECTION ONE CHORD & CHORD BEARING 194.73" N38049'12"W 69.71' N84011'33"W 80.84' N86032'03"W 70.30' S46016'46"W 40.58' N88025'21"W 54.92' S77021'39"W 76.66' N48026'11"W 39.87' S54029'44"W 64.93' N60007'30"W 109.00' N26019'13"W 2C.41' N19004'44"E 30.54' N25023'38"E 41.96' N17011'36"W 38.04' N64021'25"W 39.00' S70'20'01"W 38.11' S24058'32"W 46.77' S25019'03"E 20.41' S29006'39"E 33.09' S09045'42"E 118.00' S31039'54"E 70.14' S62031'30"E 30.17' S35030'17"E MILL RACE ESTATCZ ,SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: N/A DATE = 0CT6BER 27, 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. • ` RT 8 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 cl v N. BRUCE EDENS x CERTIFICATE No. ,1 54-17.3 (a)965 54.17.3 (b)162 �f U LAND SHEET Z of e O A= /Z'09'36 A= 88.93' T= 14.64' COWV4C oA TA _ //° /0' 06 R = /880. 86 ' A = 36 7. OZ ' CH= A18/°0558 "E 88. 79' Q� EASTC�N T = /8,0 09 ' CH= 58 7 1/4'//'E 366. g3' F,QCDE,e/C K DEL 0 A = 398. 03'. T= Zoi //' Cf/= S 7/ ° 16'/7 "6 39.6.Z6' A g R A M S i ky S 83' ti6 c, 9 NOTE: COMMON AREA SHOWN HEREON IS TO BE USED BY SECTIONS ONE, TWO, AND THREE OF MILL RACE ESTATES. 14 FINAL PLAT -COMMON AREA MILL RACE ESTATES I SHAWNEE DISTRICT, FREDERICK CO., VA. SCALE: /" = 000' 1 DATE I OCTOBER 27, 1987 It\ GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 01 �cl u R. BRUCE EDENS CERTIFICATE No. Y 54-17.3 (9)965 -17-3 (b)162 LAND gV� SHEET 3 of c5 DOC/GLAS !< Gf//GL /AM5 � O ie T y 7 0,6 ' 1 I Eq EMENT M % \ �; 340 v I V h INu /O, 589 P 4 /V O ° 0054"E li,¢ ¢2' is e., 0� i I //3. ZZ' \ 9. 03 o i z o 35 % QO �' 9, 23Z >y // 76U 4'Ilk Irl0* l Al 0/ 0 96 ' 45'1E Al O/ ° 96 If 45" ` I Ol I� n Q 4) 918900 35 ' 6- BUi[ O/NG 13) 10,87490 l l 0 / m �?EST�P/CT/ON G/A/E igi!5.8/' 1. . 90. oe' 5' 0/0 36 ' 45 "G!/ /55. 8/' Al all, .310' 45"E /94.107' 35 \ t 6U16O/N6 'PES Gr/ON ZIM-- � 4 Nti 5 N ,ti /99 `9, Q 75.371 75.OD' 80.00' y 5 O/C 96' 45"i!/ 11,Mk l A. E A/(//II 5. FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: r ■ 50'I DATE: OCTDBER E7, 1987 Z30. 97' N1c//AL E GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 BOX 152C / 3 MILES EAST ON ROUT E 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 op u H. BRUCE EDENS x CERTIFICATE No. Y 54.17.3 (a)965 54.17.3 (b)162 c LAND SUP SHEET 4 of 6 o041664s K j / A/OR7-H W14L/.1M5 a ...t•rr� A 4flu / � P NO/ (�^ 976 9 '.8 AI 0/0 -46' 45" E N M � O O 35' BU/LO/.VG .PEsrQicTiON GitiE O N N 7 ti g N g A 400 8, 960 0 N 75.00' 80.00 75.00 5 O/ O 36P ' 451, W 9/000" I",4 Ril .4. 15' ,441AI 5. Mc 1-14LE FINAL PLAT - SECTION ONE iA IMILL., RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. ALE : r • O�DATE : OCMBER 27. 1987 It\ GREENWAY ENGINEERING AND SURVEYING CO., INC RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 u II. BRUCE EDENS x CERTIFICATE No. 54.17.3 (a)965 Q 54.17.3 (D)162 Jlq� GAND SVQ SHEET 5 of 9 A/C) R T f--/ i 1 Al 70.37 75.39' N /4 .. N /O,B89� o► 9,3107 . ti 95, salt 1A16 �?E5rR1c 1aA1 G /NE Z 75. 00 ' 70-M, J $ O/° 36' 45'W Ze&.09` I •. I / I � /80.710� A/ 0/0 36 , 45 "E Z30. 00' 75.,X ' B0.00 ' 75.00 ' 95' BUi OIA16 C-E5TQ/C7 N G 1A/E' N 8, 400 ¢ 8,9 �00 lfi ti 81 400 ti 75.00' 90.00' 75.00' 45" A/ Z30. &V ' /YIA�II !I. E AtiN 5. /vlcllwL E FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO, VA. SCALE: I" - SO' I DATE: OCTOBER 27. 1987 GREENWAY ENGINEERING AND SURVEYING CO., INC RT 6 - BOX 152C / 3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 ill '•'�- a N t� o t N. BRUCE EDENS tx CERTIFICATE No. i 54.17.3 (e)965 �� 54 11.3 (b)162 cQ �EbLANUS'* SHEET 6 of 6 N C"e T H m — N04'Z4' ZT4'4�:r /09. 93' � 5p•� � 59.93' o /9.59' 33 ' v e ,191 � P4 n/ JAME5 A7 iIf MW Y S. IM Z 01-161-1 lee N p(o N N 0 N �vE B 8� g0•70� A' 33.5 05 ° 00, , 5 Noy°Oo-.O� FINAL PLAT - SECTION ONE MILL RACE ESTATES ( SHAWNEE DISTRICT, FREDERICK CO, VA, SCALE : 1" . 50' 1 DATE = OCTOBER E7. 1997 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT 6 - BOX 152C 13 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 2r1 TELEPHONE 662-4166 75.40' r•• je O��$/1LT q 0 �r R. BRUCE EDENS x CERTIFICATE No. 54.17.3 (a)965 k5c'4-17.3(b)162O LAND 9V�J� SHEET 7 of 6 AlOf<, LIA Ot-;5 A. 9/ OIL Of 7 04.5Z A100p &V % h io, 2�2 ti ^ Z4 9, 7C2 pie 4; Ara 55. .5 0.g IZ5 i FINAL PLAT - SECTION ONE MILL RACE ESTATES SHAWNEE DISTRICT, FREDERICK CO. VA. SCALE: r a 5a I DATE s OCT013ER 27,1987 GREENWAY ENGINEERING AND SURVEYING CO., INC. RT. 6 - BOX 152C/3 MILES EAST ON ROUTE 50 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 03� 0 11. BRUCE EDENS xr CERTIFICATE No. 54.17-3 (a)%5 54.17-3 (b)162 Ac LANO SHEET B of e / 1% —Mill Race Estates, Sec. I, II, & III Subdivision A,-Pi�ovEi) � . �