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HomeMy WebLinkAbout13-99 Merriman's Chase Back Creek - Backfile (2)a 4 14 • Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: (Comment sheets not required if approved ADP is associated with this subdivision) VDOT Sanitation Authority Inspections Department Fire Marshal S V\( d 1 L-xFF 11VQL1U11 1 GVGl V GU. City of Winchester Health Department Parks & Recreation County Engineer r% Fee paid (amount: $ Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary 0 Plat(s) signed by Subdivision Administrator cc Approval letter to applicant/agent t/ Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment -Y Secfion4- 3 and4- pm In 0-03 Updated d-BASE and Reference Manual - 00 File given to Renee' to update Application Action Summary Final plat(s) submitted with review agency signatures along with: Recorded deed of dedication 38 Bond estimate (if required) $ CSeC. 3 O:\Operations ManuaRsubdivision.hk Revised: 11/30/98 CASH �'� 001197 • DateNvl. W Received; From $ Address ` 1L� .. t z ;, , 2 Sx- * ° cc 'w Fo re n -If RE AMT. OF ACCOUNT CASH e ar PAID CHEC wAMT_ 4 ..� BALANCE - Y MONEY' SY DUE ORDER , 0 O JO�O'lQ l� HIS DEED OF DEDICATIO tend DECLARATION OF SUBDIVISION, made this day of November, 2002, by and between SHIHO, INC., a Virginia Corporation, of the one part, hereinafter called the DECLARANT, and FREDERICK COUNTY, VIRGINIA, of the other part, hereinafter called the COUNTY. WHEREAS, the Declarant is the owner in fee simple of a certain tract of land situate in Frederick County, Virginia, lying in Magisterial District of Frederick County, Virginia and more particularly described as Merriman's Chase, Sections 3 and 4 on those certain plats and surveys by P. Duane Brown, L.S., dated July 19, 1999, attached hereto and by this reference made a part hereof and being a portion of the property conveyed to the Declarant by deed dated October 5, 1998 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673; and, WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Merriman's Chase, Sections 3 and 4, and to evidence that the above and foregoing subdivision of the above described property as it appears on the aforesaid attached plat is with the free consent and in accordance with the desires of the Declarant, and the Declarant does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of the County of Frederick, Virginia, and further to dedicate the streets and easements and other amenities as shown on said plat to the County of Frederick, Virginia. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the promises and the benefits which will accrue by reason of this dedication, the Declarant does hereby subdivide all that portion of the land designated as Merriman's Chase, Sections 3 and 4 located in Shawnee Magisterial District, Frederick County, Virginia as more particularly described by the aforesaid referenced plats attached hereto and made a part hereof and does hereby dedicate those portions of land set apart for streets or other public use, as designated, and does hereby create a public right of possession in the same, all of said land being the same as described hereinabove. RESTRICTIVE COVENANTS AND CONDITIONS The lots in said subdivision shall be subject to the following restrictive covenants and conditions, except as stated otherwise, which shall be considered covenants real and running with the land, and shall be binding upon and enforceable by the Declarant and all subsequent owners of said lots. 1. All lots shall be used for single family residential purposes only. No home occupations shall be allowed. 2. All dwellings shall have an attached garage with at least two (2) bays. No detached garages or carports shall be permitted on any lot. Utility and other outbuildings shall be permitted, but shall be constructed of the same material and shall be the same color as the main (residential) structure on the lot. 3. No signs or advertising of any nature shall be placed or maintained upon a lot, except for signs advertising the sale or rental with 0 c� regard to said lot such signage, excluding the entrance(s) to the subdivision, to be no larger than five (5) feet square. 4. No motor vehicle which does not have a current license plate and a current Virginia inspection sticker shall be placed or permitted on any individual lot or street. 5. No boats, trailers, campers, trucks or other similar vehicles or equipment other than automobiles, motorcycles and vans or pickup trucks of one (1) ton or less, shall be parked or located upon any lot or street except for the time reasonably necessary for the delivery or removal of goods or services to or from an individual lot. 6. No animals, livestock or poultry of any kind shall be raised or kept upon any lot except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for commercial purposes. No individual shelter shall be erected for any dog, cat, or other household pet allowed by this paragraph. 7. No fencing, except as specifically stated hereinafter, shall be permitted in the front or to the side of any residence located on any lot and any fencing to the rear of said residence shall be attached to the residence itself and shall be not greater than six (6) feet in height from the ground and shall be constructed of either wood, stone, stucco, or brick, or a combination thereof. Use of wire or chain -link fencing is expressly prohibited. Any gate may be of iron material. 8. Only in -ground swimming pools shall be permitted with a structure to house equipment to be constructed of wood, stone, stucco, or brick or a combination thereof. Fencing shall be allowed around the pool area provided, however, that the fence shall be constructed of either wood, stone, stucco or brick, or a combination thereof. Use of vinyl or chain link fencing is expressly prohibited from any fencing around the pool area. Any gate in the fence around the pool area may be of iron material. 9. No noxious or offensive activities shall be carried on or permitted on said lot nor shall anything be done or permitted thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. No lot shall be used or maintained as a dumping ground for garbage or rubbish. Trash, garbage or other waste shall be kept in sanitary containers and shall be stored, by screening, not visible to the neighbors and said containers shall be placed or stored in front of any residence only on the date of the garbage pickup. 11. Each lot shall be kept mowed and maintained in a neat and orderly condition at all times. 12. No exterior antenna of any type, other than television satellite dishes not exceeding thirty inches (30") in diameter, for the reception or transmission of radio or television communications, shall be erected, used or maintained on any structure, on any lot, at any time. No solar panels or solar heat collecting device shall be allowed. 13. No clothesline or hanging device shall be allowed upon any lot except for an umbrella type device with a diameter not exceeding seven (7) feet which shall be located in the rear of any residence. When such hanging device is not in use it shall be retracted and stored. No clothing or other washing shall be dried outside a residence except during the hours from 8:00 a.m. to 6:00 p.m. 14. No dwelling shall be erected, placed or permitted to remain on any lot which has less than twenty-two hundred (2,200) square feet of living space above ground, exclusive of open porches, basements, and the attached garage. No split-level or split -foyer homes will be permitted. 0 CAD Cl) 15. The exterior of any dwelling or outbuilding shall be of wood, wood product, stone, stucco or brick or a high grade of vinyl siding or combination thereof. The foundation from ground level to plate must be brick or stone. The fascia and soffits may be constructed of vinyl and/or aluminum. Chimney flues for gas fireplaces may be metal only if they protrude through the rear roof of the dwelling. 16; No easement or right of way shall be granted over any lot except for utility easements, or drainage easements, and, except for drainage easements, all utility services shall be placed underground. 17. With regard to any corner lot (where two or more streets intersect) there shall be no planting, structures, fence, shrubberies or any obstruction placed or maintained which has a height that exceeds three (3) feet above ground level (with the exception of the subdivision entrance signs), said restriction to apply to an area measured twenty-five (25) linear feet on each of the intersecting street lines. 18. No lot shall at any time be subdivided, conveyed or sold except as a whole unless said sale or conveyance results in a lot(s) larger than the lot size as shown on the plats attached hereto and made a part hereof. 19. All driveways, or off-street parking areas, shall either be asphalt covered or of concrete. No other area shall be used for off-street parking or as a means of ingress and egress to the garage. 20. Before construction, all house plans must be approved and signed off by an officer of Shiho, Inc., a Virginia corporation. 21. With regard to all the lots in the Merriman's Chase Subdivision, there is reserved to the Declarant along each property line a ten (10) foot easement for the installation and maintenance of utilities and/or drainage easements, the same being reserved whether or not shown on the plats attached hereto. 22. Each lot owner shall be responsible for maintaining and keeping in good repair all drainage easements located on the lot owner's lot. No drainage easement shall be changed or relocated in any regard except with the approval of Frederick County. 23. All of the covenants and restrictions herein shall remain in full force and effect from the date of recordation of this instrument until January 1, 2010, and shall be renewed automatically for additional successive ten (10) year periods unless a majority of the lot owners (each lot counting as one, regardless of the number of individual owners) shall execute and record an agreement amending these covenants and restrictions at least 90 days prior to the otherwise automatic extension. 24. Invalidation of any one of the covenants or restrictions contained herein, by judgment or court order, shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenant and restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. SPECIAL RESERVATION OF DECLARANT The Declarant reserves the right to waive, alter, add, amend or delete any of the covenants and restrictions, alter any and all easements or other matters set forth herein, at any time, provided that Restriction numbered 1 shall be exempt from this provision. CQ GJ O HOME OWNER'S ASSOCIATION MATTERS DEFINITIONS Section 1. "Association" shall mean and refer to Merriman's Chase Homeowner's Association, Inc., a nonstock Virginia corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to the real property described in the Merriman's Chase Final Development Master Plan and such additions thereto as may hereafter be brought within the jurisdiction of the corporation, and shall not be limited to Section 1 as shown on the attached plats. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plats of Merriman's Chase, Sections 3 and 4, with the exception of the open space(s) and buffer area(s). 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 person or entities, of a fee simple title to any lot which is a part 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 Shiho, Inc., its successors and assigns. 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. When more than one person holds such interest in any lot, all such persons shall be members. (The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.) 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. VOTING RIGHTS Each member of the association shall have one vote for each lot owned, but in no event shall more than one vote be cast with respect to any one lot. The vote for such lot shall be exercised as the owners determine among themselves. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three, but no more than nine directors, who must be members of the association. The initial board of directors shall be appointed by the party of the first part herein, and serve until the first annual meeting following conveyance of the first lot in the properties; thereafter, the 0 board of directors shall be elected by the membership as determined in the bylaws of the association. PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Member's Easements .of Enioyment: Every member shall have a right and easement of enjoyment in and to the open space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid open space(s) 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 bylaws, to borrow money for the purpose of improving the open space(s) and in aid thereof to mortgage the property. The rights of such mortgagee in the properties shall be subordinate to the rights of the homeowners hereunder. Approval of at least sixty-seven percent of the membership, excluding the Declarant, is required to mortgage or encumber the open space(s). (b) The rights of the association to suspend the voting rights and the right to use the open space(s) by a member for any period- during which any assessment against his lot remains unpaid; and for a period not to exceed thirty 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 open space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by not less that sixty-seven percent of the members, excluding the Declarant. No such dedication or transfer shall be effective unless an instrument signed by members entitled- to cast two-thirds 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 days nor more than fifty days in advance. (d) In the event the association is dissolved, the assets shall be dedicated to a public body, or conveyed to a nonprofit organization with similar purposes. (e) If ingress or egress to any residence is through the open space(s), any conveyance or encumbrance of such area shall be subject to the lot owner's easement. Section 2. Delegation of Use: Any member may delegate, in accordance with the bylaws, his right of enjoyment to the open space(s) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Open Space(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the open space(s) to the association, free and clear of all encumbrances, prior to the U.S. Department of Housing and Urban Development's insuring the first mortgage or deed of trust in the development. CD C0 fV 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 thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. 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 open space(s). Section 3. Basis and Maximum of Annual Assessments: Until January 1, 2003, the maximum assessment for any lot (except declarant owned lots) shall be $100.00 per lot. (a) From and after January 1, 2003, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds 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 days nor more than sixty 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 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 open space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds 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 days nor more than sixty days in advance of the meeting, setting forth the purpose of the meeting. Section S. 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, the presence at the meeting of members or of proxies entitled to cast 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 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the prior meeting. Section 7. Date of Commencement of Annual Assessments: Due Date: The annual assessments shall begin as to all lots on the first day of the month following the conveyance of the open space(s). 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 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 assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 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. 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 open space(s) 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, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for CD cap 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 open space(s); (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 Open Space(s): In the event that the association, or its successors, shall fail to maintain the open space(s) 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. SHIHO, INC. A Virginia Corporation, Declarant By i . H iday, President STATE OF VIRGINIA City of Winchester, to -wit: Acknowledged before me this day of November, 2002, by David B. Holliday, President of Shiho, Inc., on behalf of the corporation. Notar}(1�Ablic My commission expires: �1 06' G:D C.0 FINAL PLAT 51K-WAC1CMerriman's Chase Section 3 BackMagisterial District Frederick County, Vir inia 956 42 t', �.\_�� /�"•�� ,bra 1 �1 ) `. /. lilt' PR D ... City of Winchester Public Utilities .ate Subdivision Administrator Date 03 2b 03 Virginia Dept. of Transportation ryCwc.- .f Date ZG- 21), OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is with the free consent and in actor once with the desires of .the undersigned owners, proprietors, and tru if any. Ae- //Z 12 Date b NOTARY PUBLIC rg2ge✓ w' E;ES, a Notary Public in and for the State of Virginia, at large, do certify that _ bAk?d_ I __ oLG"'DAy _r whose names are signed to the foregoing Owner's Certificate, have acknowledged the some before me in my state. Given under my hand this— �d(?y of •ZsedOQ, My commission expires _ Z�'__________. SURVEYOR'S CERTIFICATE l hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated October 5, 1998 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673. 'tH OF P. Duane Brown, L.S. yr The property represented herein is a portion of the property shown on P. DUANE '��, Frederick County Tax Map 53((A)) as Parcel 88. O BROWN DATE: JULY 19, 1999 COVER SHEET FILE#: C:\MerrimansChase.DWG NO, 1285 g9bart w° difford & associates, inc. July /91Iggq ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 1 <"It) SURVs'(0", 150-C Owe or 1 , 0*10 200 North Comm Sbiet OF Fmdwk tabu% W09a 221a1 Whirl bw VFpleio 220M (34a) O03-2113 (540) 807-2139 CD Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 400.00' 22.6i' 11.31 22.61' S52'48'13"W 03'14 20 2 400.00' 171.42' 87.05' 170.11' S385425"W 24 33'15" 3 425.00' 83.16' 41.71' 83.02' S31'08'00"W 1112'38" 4 425.00' 83.16' 41.71 83.02' S4270 8"W 1112'38" 5 425.00' 48.02' 24.04' 48.00' S5111'10"W 0628'26" 6 35.00 57.39' 37.50 51.18' N07�6 44 E 93 57'18 7 25.00' 22.14' 11.85' 2L42' N64'5358"W . '50'4.4'05" 8 54.00' 34.38' 17.79' 33.80' 72.bi'43"W - . 367833" 9 54.00' 54.61' 29.90: " 52.31' N24.49'15"W 57 56 24" 10 54.00' 61.86' 34.82 58.53' N365753"E 65'3752" 11 54.00' 48.54' 26.05' 46.92' S8478'07"E 5130'08" 12 54.00'. 65.90' 37.76' 61.88' S23'4526"E 69"55'13" 13 25.00' 22.14' 1.1.85 21.42' S14'09'52"E 50 44'05" 14 35.00' 60.66' 41.20' 53.35' S8911'12"E 9918'34" 15 375.00' 86.86' 43.63' 86.67' N3431'22"E 131617" TH OF Y r �, P. DUANE O BROWN NO. 1285 July 19, /99 9 <,y OP- �� SURVO FINAL PLAT Merriman's Chase Section 3 Shawn�t, Magisterial District Frederick County, Virginia DATE: JULY 19,, 1999 CURVE TABLE FILE#: C:\MerrimansChose.DWG glbwt Inc - ENGINEERS w. LAND PLANNERS - SURVEYORS 150-C Olds Q�lah Drkv 200 � Camrm Strwt FlydW1dWbW16 "is 22401 Mlha m'8r. Vlryln'o 22601 (340) �-2115 (040) 067-213a SHEET 2 7 CD C�J —,J Area Summary Area in Lots 3.4225 Acres Area in Open Space 1.1389 Acres Area in R/W . 0.8494 Acres TOTAL AREA SUBDIVIDED 5 4108 , Acres Number of Lots 10 Average Lot Size 14,908 Sq. Ft. Smallest Lot Size 13,394 Sq. Ft. All lots are single family detached — urban. a ;-MWIMUM SETBACK REQUIREMENTS, ; FRONT 35' REAR = 25' SIDE = 10'_ EXIS77NG ZONING. • RP EXIS77NG USE. VACANT All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 31 and 32 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. CONSUMER NOTIFICATION: There is a possible project that will extend Jubal Early Drive and construct a possible interchange with Route 37. FLOOD PLAIN AREA: Structures may not be permitted within the designated Flood Plain Areas per applicable zoning and building code regulations. MONETARY PROFFER: The amount of $3,910.03 shall be paid to Frederick County, Virginia for each lot at the time of Building Permit application. TH OF � FINAL PLAT , f Merriman's Chase � Section 3 gMuv to ee� Magisterial District Frederick County, Virginia P. DUANE O BRAWN DATE: JULY 19, 1999 GENERAL NOTES FILE#: C:\MerrimonsChase.DWG ua-...�-�.w�-•� gnbert w. dtfford do ossoclatea, Inc. N0, 1285 ENGINEERS — LAND PLANNERS — SURVEYORS 150-C CWo BnwnAah Orks =0 North Canrnn St"t SHEET u 1 y 19� /999 FndwlokibwS Vh0ft ZM Wkwhostar. Vkgkft "M M 3 (q�O SURVE�a� (340) n6-2113 (510) 00� Zt30 OF 7 1960 OPEN SPACE SEE SHEET 7 OF 7 ..._ e N4g•06 106 117.28 �.. �1iNO,5 LOT 26 1of LOT 25 1 f - iv ci o LOT 27 j:� c,�� 16,135 SF IL oQ! 15,120 SF �4 17,283 SF R°D w4 I �I iM / i � { I I IM 1 LOT 28 � '; 115 __..-- ` 15,964 SF — 10' WATER EASEMENT ZZ NOTE: No structures are permitted within the Road Efficiency Buffer SHIHO, INC. (REMAINDER) P. DUANE O n BROWN NO. 1285 clu/y /9,/999 SUR`XE -O, = HOMER DRIVE N 50' R/W S5425 23 W 1 250.93' N 14 6 15 c-) 0 U 2 30 co V; cn ♦ 34 " C? \ SEE SHEET 6-OF 7 13 7 SEE SHEET 5 OF FINAL PLAT Merrian's Chase --wo Section 3 Shawnee Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE: 1"=60' FILE#: C:\MerrimansChase.DWG 991bert w. difford & cm*dates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C 0I& ovwnv a DAM 200 Nash Cana= strwt SHEET ftedwidubw16 VI22401 ftwhwfar. "lo 2201 4 (340) M-2115 0 30 50 120 (340) 867 21= OF ■III 7 SEE SHEET 4 OF 7 27 26 25 24 HOMER DRIVE - 50' R/W o S542523'W _' HOMER DRIVE 250.93' o S* 70' R/W I—SAN. SEWER EASEMENT �? 14 6 •f•''''{•� .•'/' /'rf,•'f t''Jf .f r`f'.''�,t'''/'f f�JJf! f ,Jt %f' 28'-. _ i., cn L=13 9' A -1118 w.lw o .o LOT 30 I"'lol LOT 29 13,730 - SF z 13,394 SF i f 11 34 r'' � 7 13 3 �� S6,7- "W 4141- � 8 536%2 ` H' 35 12 2 g !o LOT 31 L=9.5' 'zj� 15,188 SF r , 10 0� w10 Ir 33 / 32:. 20' DRAINAGE EASEMENT 9 �0��0 PROPOSED MERRIMAN'S CHASE N SECTION 1 ZONED: RP I USE: VACANT 6 5 4 3 PLAT ,In ofFINAL r Merriman's Chase oww Section 3 1-iownee- Magisterial District Frederick County, Virginia P. DUANE O BROWN DATE: JULY 19, 1999 SCALE: 1 =60' FILE#: C: \MerrimonsChose.DWG v�,iOs •- .. �-� glibert w. difford do associates. Inc. NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS u / 19, / 999 130-C Olds 01 on wad DrIn Fndwtk&^ VW" 22401 200 North 0m.wo Strwt wododw. Vkgbft "An SHEET y lg1vD ice) ease-211s 0 J0 60 120 � � ��—�� 5 OF SURVE'�&- 7 C] C-A) kjo 27 SEE SHEET 4 OF 7 5 26 -T 25 24 28 4 HOMER DRIVEN 50' RIW S547523"W 3 1 25O 3 SAN. SEWER EASEMENT f4 6 15 t=20.5 us 12' WATER EASEMENT29 ' to 14 LO ♦ LOT 34 ; rq W" 1,3,812 SF iUj �N6% ,° 13:: o w ♦ 1r 12 SHIHO, INC. (REMAINDER) Z20'TER EASEMENT /\`'- \�, "- LOT 33 •%' 13,584 SF L=9.5' 31 '--20' DRAINAGE EASEMENT 10 10 \s 10' LOT 32 �-�: -- ems• 9 / ' 10 _... — ._ _ r �12.6' _ PRIVATE SAN. SEWER EASEMENT —►:1,9 ` ' S3521'07"E ,18 0.00 . ?o f r ,. 39.37' JO4 00 DI) w L/U. UU \ SAN. SEWER EASEMENT 7 I 6 5 4 1 3 I I PROPOSED MERRIMAN'S CHASE -1 SECTION 1 FINAL PLAT 'Tx op yr Merriman's Chase qw Section 3 DUANE 3haL4ne5 Magisterial District Frederick County, Virginia P. O BROWN DATE: JULY 19, 1999 SCALE: 1"=60' FILE#: C: \MerrimansChase.DWG g0bert w. difford do associates. Inc. NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS July i9, /999 150-C am. QV@Md& Orin 2W Nash Ca e= Stet SHEET 0. "lo 22401 wh gh 1 r. Vk0jo 22001 6 ` l suRVE�°- (W) M-2115 0 J0 60 120 (sow) e67-2139 of % 30' DRAINAGE AND UTILITY EASEMENT o� 21 P �9/ N 00 22 w o r . OPEN SPACE �,W Y � E r�' 1.1389 ACRES �^� w Q o a S54 25'"' 23W 195.32 S4506 4, W a 23 •�. ` '' 117.28 ar- 100' ROAD EFFICIENCY BUFFER o NOTE: No structures are permitted w 1`L ; �j�• within the Road Efficiency o 0 Buffer o �' 0 \ 27 26 25 a 24 28 HOMER DRIVEN 50' R/W �- o m SHIHO, INC. (REMAINDER) a 34 _ c� 30 29 11 FINAL PLAT 'Tx °p yr Merriman's Chase section 3 P. DUANE ,,, 5havjo e-� Magisterial District Frederick County, Virginia �, O BROWN DATE: JULY 19, 1999 SCALE: 1'=100' FILE#: C:\MerrimansChase.DWG gpbert w. difford & assoclates. Inc. NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS 150-C a & a..n vmh Drlw Soo Nash Canow Skwt SHEET .i v %y /9i /999 Medasolab�rp, Vrgrdo 2240s N�Indasbr, vkvinb 220a1 7 <q�o SURVE. G (50) &*-2118 0 50 100 200 (�) W7-2139 OF �I 7 FV.0 PLAT swn�e Merriman's Chase Section 4 Seek-4eek Magisterial- District Frederick County, Vir inia . • L. S. • 1 ! 111 \ �./`, (� •.i ~ _ 7 \� 1. li _ la l• _ 0 KIP t R D B City of Winchester Public Utilities Date' Subdivision Administrators Date r%3 ,Zt7 03 Virginia Dept. of Transportation �� Date OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is with the free consent and in accord ce with the desires of the undersigned owners, propriet ,and trus if any. Date _ NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that 6Av/Q 13 146441,6A Ywhose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand this___ _ day of AV-ti_________, a6Y�lS My commission expires �f-_ SURVEYOR'S CERTIFICATt l hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated October 5, 1998 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673. zx of y r P. DUANE O BROWN NO. 1265 July /9, /999 <'�ol SUR X<�01 A Duane Brown, L.S. The property represented herein is a portion of the property shown on Frederick County Tax Map 53((A)) as Parcel 88. DATE: JULY 19, 1999 1 COVER SHEET I FILE#. C:\MerrimonsChose.DWG gHbert w. difford & aasodate% inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS 1 150-C We Ciewowid Orkv 2W ►larch 0- -m - Stnat OF Fn iwidobuq, Vkgbb 224M Wbdmtwr, Vh*40 228M 7 (w) esae-=s (o+o) e7-2139 CD Cl) �£..I Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 40.00' 58.80' 36.16' 5.65' S0610'33"E 8413'48" 2 250.00' 266.21' 147.29' 253.81' N17'47'06"W 6100'41" 3 400.00' 97.11' 48.79' 96.87' N1940'31"E 135434" 4 425.00' 83.16' 41.71' 83.02' S19'5522 W 1112'38 5 425.00' 11.85' 5.92' 11.85' S13'31'08"W 01'3549" 6 275.00' 71.13 35.76' 70.93 S0518 39 W 144910 7 275.00' 79.84' 40.20' 79.56' S10'2458"E 16 38'04" 8 1 275.00' 79.84' 40.20' 79.56' S2703'02"E 16'38'04" 9 2 75.00' 62.03' 31.15' 61.89' S414946 1 12'5523" 10 225.00' 119.80' 61.35' 118.39' N33'02'17"W 30'3020" 11 225.00' 119.80' 1 61.35' 118.39' NO2'31'56 "W 30 3021 " 12 375.00' 99.27' 49.92' 98.98' N20'18'14"E 15'10'00" TH op G f P. DUANE O BROWN 1285 285 I Suy /q/999 <��� SURVE�O FINAL PLAT Merriman's Chase Aw Section 4 SJa+inea Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 CURVE TABLE FILE#. C:\MerrimonsChose.DWG ENGINEERS w. LAND PLANNERassoc- SURVEYORS o- 13C Old@ 0 R. Drtw 200 � Can�rmn Sbod mil, "lo 22401 Wleahwbr, v�rolnb 2200t (MO) NO-2113 (4 067-2tJY SHEET 2 OF 7 a W cii Area Summary Area in Lots 4.4439 Acres Area in Open Space 2.7315 Acres Area in R/W 0.5169 Acres TOTAL AREA SUBDIVIDED 7.6923 Acres 0 MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR 25' SIDE = 10' Number of Lots 14 Average Lot Size 13,827 Sq. Ft. EXISTING ZONING. • RP Smallest Lot Size 12,274 Sq. Ft. EXISTING USE. VACANT All lots are single family detached — urban. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 36-38 and 45-48 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. Merrimans Lane street addresses (Lots 44-48) will be assigned at time of Building Permit issuance. CONSUMER NOTIFICATION: There is a possible project that will extend Jubal Early Drive and construct a possible interchange with Route 37. FLOOD PLAIN AREA. Structures may not be permitted within the designated Flood Plain Areas per applicable zoning and building code regulations. MONETARY PROFFER: The amount of $3,910.03 shall be paid to Frederick County, Virginia for each lot at the time of Building Permit application. RECORDATION OF SECTION 4: Recordation of Lots 39-48 shall not occur until 50% of the lots remaining have been built upon or building permits have been issued. 19 lots shall have building permits issued prior to the recordation of Lots 39-48. FINAL PLAT 012��5 r Merriman's Chase ~ Section 4 �, Sh5winee Magisterial DistrictFrederick County, Virginia DATE. JULY 19, 1999 GENERAL NOTES FILE#: C. WerrimansChose.DWG gg8bert w. clifford & associates. Ina ENGINEEitS — LAND PLANNERS — SURVEYORS 100-C olds Q WM*h 0 M 200 Noh Can&= Sb*A SHEET (Fredwklkv o, WoYNo 22401 Whdwetw. Vbvkb 220M 3 (W) 067-2139 OF C.� OPEN SPACE"- `, `3:. : �" 2.7315 •ACRESr'; ��' 1 �-30' DRAINAGE AND 1 UTILITY EASEMENT 1� 00 W `; LOT 41 i 13,783 SF 1 42 1 1107 1� VA. ROUTE 37 322. ;.:( 111.69'�; �.. 80' ROAD EFFICIENCY BUFFER N07E.1 No structures are permitted jwithin the Road Efficiency o 3 Buffer i LOT 39 r-I 13,604 SF / o, I I ro 28 I_111 ftiv. ~1 r 15.5' 12' W TER EASEMENT 4 HOMER DRIVE N 50 R/W 1 4.5 0 7 N12'43'14"E n 87.00 3 12' WATER EASEMENT 1P58� W 11 1-4. 38 E? ! LOT 40 l I IZ274 SF I ....J SAN. SEWER EASEMENT \ n 9.82' #108 1 s, LOT 37 r� -:I LOT 36 110 .;I LOT 35 i �r 12,761 SF I^ �1 14,888 SF I^ ^1 12,979 SF I Z 1 1 z 1 a s. _J I I__.._.._1 / ?RIMAN'S�CHASE N SECTION 1 : RP/ USE VACANT � .. syTH OF D �'''� r P. DUANE BROWN 0-4 NO. 1285 , Ju%y 19, 1999 <qNO SURVE-'O� V46 02' in; ' s r b 'yE�Q Z c 50, 34 WHISKER COURT 33 1 50' R/W PROPOSED MERRIMAN'S CHASE N SECTION 3 ZONED. RP USE. VACANT O FINAL PLAT Merriman's Chase oww Section 4 5h aw#lee Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE. 1'=60' FILE#: C: \MerrimansChase.DWG Wert w. difford do assodatea. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C a & QWWkh Drtw 200 Nw& Cmmm Strwt SHEET neftbk wa. Vkgk 22401 Wkwhwbr, VkpYlo "In 4 (se0) eoa-2115 0 30 60 120 (0'10) 067-2139 OF 7 r C=) VA. ROUTE 37 N �'32- 809.67' N12*43'14"E 568.07' QV916 JO' DRAINAGF,AND U17UTY EASEMENT OPEN SPACE 2.7315 ACRES .34.4' J--20' 80P 00—DRAINAGE EASEMENT 100, 100-0 NOTE- No structures are permitted 1 R within the Road Efficiency ency ROAD EFFICIENCY BUFFER 0 Buffer ROAD EFFICIENCY BUFFER 41 LOT 42 4CO 13,689 SF `� ; LLJ Li LA Z to '181 N09 LOT 43 46 13,689 SF 7 15. SAN. SEWER EASEMENT 8 % I N 91 2 It," rl�. LOT 45 - -k- I 14,624 SF h col LOT 44 18,235 SF DRAINAGE. AND59, UTILITY EASEMENT �.j CO 12 4u -1 67, SR 6?7 4 - Tli 0,F; 3 ,zp f, P. DUANE O BROWN NO. 1285 19.$1999 SURVS�%/ ti 37 49 .71:1 121'WAMR EASEMENT LOT 38 12,550 SF CHASE - SEC-RON 1 7 JSE. VACANT/ FINAL PLAT Merriman's Chase -*v Section 4 Shawnee Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 1 SCALE: 1"=60' 1 FILE#. C: \Merriman sChase. DWG Art w. difford & assoclat^ Irm ENG, S — LAND PLANNERS — SURVEYORS 150-C a& Oman" D"" 200 Nad- Conffm 3bd SHEET no-douldab , Vir" 22401 Mid- bsr. **Io 22M 5 0 30 60 120 OF ■I■II III 1 7 VA. ROUTE 37 N09-16'32=E 80� 9. OPEN SPACE 2.7315 ACRES NOTE: No structures are permitted within the Road Efficiency 100' ROAD EFFICIENCY BUFFER Buffer r` 0 9p; jo, '� �2B36j�ry — U-i, _go 27p U�,00 — gp p0� N .v o;f LOT 48 •`�' 13,500 SF i ? a O' 0' DRAINAGE EASEMENT 24' DRAINAGE AND U71UTY EASEMENT- J. 44-' r\ W': W� l 4z1 LOT 47y 13,500 SF LOT 46 l•... %4, -/ 13,500 SF ` 'A 00 j. ,. 4 y J / J �ti o 45 7,1 �"ILLOW GROVE L.G �QO ...: t .. ZONED: RA USE: VACANT DB 869 P 596 Rl* P, DUANE' O BROWN NO. 1285 , ,uly /q, /999 < 9A(0 SURVE�( 0 �01 FINAL PLAT Merriman's Chase *,w Section 4 5h��nee, Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE: 1"=60' FILE#: C: \MerrimansChose.OWG gllbwt w. difford & associate, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C as Qvwn" Dri" 200 Nash Cwww Street SHEET nedaldabars, VMgirlo 22401 whdnetw. W*io 22001 6 (540) e90-2118 0 30 60 120 ("Q) e67-2139 OF 7 r t VA. ROUTE 37 ihiz'z,7'r- Mg. 67' NOTE: No structures are permitted within the Road Efficiency Buffer WILLOW GROVE L.C. ZONED. RA USE. VACANT DB 869 P 596 OPEN SPACE 2.7315 ACRES 100' ROAD EFFICIENCY BUFFER Q% %% ****%� **ft %% W to �fl� Rr'W 1 �PR�PaLE 5•R• 62 RRIMANS �PNE ME TH OF 11, FINAL PLAT 40� Merriman's Chase � Section 4 Sy Shawnee Magisterial District Frederick County, Virginia P. DUANE O BROWN ►^� DATE: JULY 19, 1999 SCALE: 1"=60' FILE#: C:\MerrirnansChose.DWG V�O��•-,.• �,, .,��' gNbat w. dWwd do asaodatoo, Inc. NO. 2285 ENGINEERS — LAND PLANNERS — SURVEYORS t50�-C tilde Grown" Dds 200 NwM CaM►m strwt SHEET J u /y / 9, /999 rD, V�p �Oi 1Mnduater. "lo 220M 7 <q�o SURVE�dd () NO-�2118 30 60 120 (0�10) ds7 213a OF 7 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on / / /,) n -7 .-7 0 2 /x SK 9 7 3Prj 0 9 9 7 FINAL PUT Merriman's Chase Section 1 Back Creek Magisterial District Frederick County, Virqi*nfa qrs A 2 !> 0 Vic&My Map se 772 APPRO: City of WInchester Public Utilities .... . ......... Subdivision Administrator Date ............. Virginia Dept. of Transportation Date OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is with the free consent and in accordance with the desires of the undersigned owners, proprietors, nd trustee , any. Date NOTARY PUBLIC �t7fttoryv AUbIll in and for the State of Virginia, at large, do certify 0� that IV whose names are signed to the a L foregoing Owner's Certificate, have acknowledged the sam efore me in my state. '1011 Given under my hand this— of My commission expires ---Y)eA SURVEYOR'S CERTIF7ATE hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated October 5, 1998 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673. Y OP A Duane Brown,L.S. H The property represented herein is a portion of the property shown on P, DUANE Frederick County Tax Map 5J((A)) as Parcel 88 O BROWN .444- DATE: )ULY 19, 1999—T COVER SHEET FILEP. C: \MerrimansChase.DWG NO, 1285 gbert w. difford & aseoclotdo, Inc. j"/Y /11 ENGINEERS — LAND PLANNERS — SURVEYORS SHEET Np I 150-C Owe Q=1WW art" 200 NwM Comm Stist OF supoxFredwkkdKM Vftbk ZWM "fth@@'wt4*W'07_2:30, 6 (W) 095-2115 81(973PG0998 Qwve ?'able CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 12,966.61' 299.99' 150.00 299.98 S55'09'05 W 0119 32 2 47746' 178.56' 90.34' 177.53 S45'06'01 "W 2125#40" 3 40.00' 58.80' 36.16' 53.65', N06'10'33"W 84'13'48" 4 1,559.63' 141.84' 70 97' 141.79 S3810'56"E 0512'38 5 1,559.63' 106.93' 53 48' 106.90' S373227"E 03'55'41" 6 1,559.63' 34.91' 17.46' 34.91' S40'08 46 1= . 01'16'57" 7 477.46' 117.54' 59.07' 117 25' S48'4542"W-. -14'06'18" 8 477.46' 61.02' 30.55' 60.98' S38b2'52"W 0719'22" 9 225.00' 71.74' 36.18' 71.44 N2672 38"W 1816,05 10 .40.00' 62.79' 39.96' 56.54' N80'31'04"W 8956 49" 11 200.00' 66.31' 33.46' 66.61' N26'0244"W 185950" 12 250.00' 78.10' 39.37 77.79' S26'45'00"E 17 54 00::] 13 40.00' 63.07' 40.24' 56.74' S09'2827"W 90'20'52 14 678.00' 9.15' 4.58' 9.15' S55'02'05"W 00'4625" 15 678.00' 11.38 5.69' 11.38' S5554'08"W 0057'41 16 722.00' 19.47 9.73' 19.47' S553638"W 013242" 17 722.00' 95.50' 47.82' 95.43' S51'02'56"W 07'3442" 18 40.00' 58.96' 36.30' 33. 76' S89-29 04"W 84'2658 'TH OF y� P. DUANE O BROWN NO. 1285 July /9, /999 <9�D SURVE��� FINAL PLAT Merriman's Chase ^o Section 1 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19. 1999 CURVE TABLE FILE#: C:\MerrimansChase.DwG gggbert w. ditford & caaodotea, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C ow. QMNNFA uh Orin Zoo Nash Cana= Sbwt Fieft olrOwlr Vlprrtu 22401 valchatur. Vk*1u "M (540) M-2115 (dW) W7-2139 SHEET 2 OF 6 BK 973PG0999 Area Summary Area in Lots 2.4627 Acres Area in Open Space 0.6985 Acres Area in R/W 1.0871 Acres (1) TOTAL AREA SUBDIVIDED 4.2663 Acres (1) Number .of Lots 8 Average Lot Size 13.518 Sq: Ft. Smallest Lot Size 12,454 Sq. Ft. N MINIMUM SETBACK REQUIREMENTS FRONT =,.35' REAR = 25' SIDE = 10' EXISTING ZONING. RP EXISTING USE.- VACANT (1) Includes 0.8276 acres dedicated for Route 621 Improvements. All lots are single family detached — urban. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 1-4 and 7-8 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. Merrimans Lane street addresses (Lots 1-8) will be assigned at time of Building Permit issuance. CONSUMER NOTIFICATION: There is a possible project that will extend Jubol Early Drive and construct a possible interchange with Route 37. FLOOD PLAIN AREA: Structures may not be permitted within the designated Flood Plain Areas per applicable zoning and building code regulations, MONETARY PROFFER: The amount of $3,910.03 shall be paid to Frederick County, Virginia for each lot at the time of Building Permit application. ,'TS 4F P P. DUANE O BROWN NO. 1285 ply /9, /999 <q�o SUR"J00 FINAL PLAT Merriman's Chase owtap Section 1 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 GENERAL NOTES FILE#: C: \MsrrimansChase.DWG gNbert w. difford & anoclataa. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C OW* QvwWah Mw 200 NwM Cmnwm Sted SHEET Ftidrlofoibur�p, Vk" 22401 WkMS=tR. Vir" 22M 3 (540) 098--MI5 (540) W7-2150 OF 6 BX973PG1000 5429'1 9"E 80.54' 30' DRAINAGE AND U71UTY EASEMENT ' SHIHO, INC. REMAINDER t ' S3377'40'E 21.37' N N Q) ! OPEN SPACE.:' t' S7127'21'"W CENTERUNE OF EASEMENT 3 �,. w 28.04' ' ^� 0.6985 ACRES .' LOT 2 540 723''E 53 94' ."o� . *� M �n 30' UTILITY EASEMENT �-- ABRAMS CREEK w SAN. SEWER EASEMENT DETAIL 100 YEAR W FLOOD PLAIN 20' N N67y 10' ..17 23"£ _ _ N54 29'19 "E 26023' ' ?51� - _ .130.50 DRAINAGE EASEMENT'_ .t29.73 o 5 20' SAN, SEWER EASEMENT ` LOT 2 N► LOT 1^ p,' 14,281 SF i o��l 13,641 SF �--! �< -i 55 74 r 3 10 r r �� f r fa r� fo' unun EA Eyr .',�a 0 64.99 f 101.37 ,f , 129'.73 ' 84.63 r 4 353'34 OS W S54 30 32 W 315.73 z °� 0.8276 ACRES HEREBY DEDICATED EJL BELL ATLANTIC'VIRGINIA ESMT. L _. _ J 6 M TO THE COMMONWEALTH OF WGINIA DEED BOOK 858 PAGE 111 383.54 S542919 W'4058 7'�� MERRIMANS LANE N S.R. 621 N 30' PRESCRIPTIVE R/W FINAL PLAT ITH °F �r Merriman's Chase 'w Section 1 . DUANE Back Creek Magisterial District _ Frederick County, Virginia P O BR13WN DATE. JULY 19, 1999 1 SCALE: 1'=60' 1 FILE#: C: \Merriman9Chase.DWG -,6�� gpbert a. dlfford do wwociotes. Inc. NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS July /9, /999 150-C Oft OvetWoh D� 200 North oww= S "t SHEET l � olaarys tL�Crgb 72IOt WbdwdwlNO f � 4 �^`0 SURVF�O 0 J0 60 120 I OF 6 SK973PG ! 001 SHIHO, INC. (REMAINDER) N54'38'53"E 270.00' SAN. SEWER EASEMENT 90.00 90.00 90.00� f,'A. .N2p� N6712'23"E LO 112' WATER EASEMENT o it LOT 6 Io *I LOT 5 Io aI LOT 4 fo of LOT 3 Z,:zj i3,380 SF I- ( 13,500 SF r, �I13,500 SF I�,of 12,454 SF; f d7 30 DRAINAGE ?20 J., ' DRAINAGE EASEMENT t_ UTILITY EASEMENT �� 15 14 r`� t�; 0.85' 'r' ' , " f ' 9D.00' t` J r' :. '52.21': " 65.11' o S5622 59 OW 149.23 S5438 531 288.17 M 0.8276 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF WWG/NIA SIGN EASEMENT r' Z —�-�— -- -- -- 2.33 �55 48 51 W 187, 61 1 S 5989, MERRIMANS LANE N S.R. 621 N 30' PRESCRIPTIVE R/W <o w v L W W �W � � ej,TH. OF► � P. DUANE'`�, O BROWN ' UJ�.CD. NO. 1285 .� u I y 19, I999 `-1�01 SUR,400 FINAL PLAT Merriman's Chase mw Section 1 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE: 1"=sd FILE#: C:\Merriman9Chase.DWG 911bert w. diffwd & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C 0& G1 N- ICA DOW 200 Norft Conran StvA SHEET Fleft"oiur0, VbphM 22401 Whd onto Wgbb 22M 5 (ao) M--2115 0 .T0 50 120 (SO) W7-2139 OF -- I I 6 SK970G 1002 2 N350 q2 N55 36'49"W 10.00' SH1HO, INC. (REMAINDER) If » 205 25 `� + I f 6 12' WATER EASEMENT N41'4933 E 155 25 — — j I 3 LOT 7 25 00 `:":i r LOT 8 I ^ �� 13,607 SF z 25'p4 w1 13,784 SF j Nf^I � 3 � co DRAINAGE AN U71U_ TY EASEIIdENT 70.571 17. 3 6i.42f S5672 59 149.23 8 W w47y5 35 W .n876 ACRES HEREBY DEDICATED $-\T1HE COMMONWEALTH OF R N " .•r-r""— S55 48"51 "W 187.6r 2 MERRIMANS LANE - S.R. 621 — 30' PRESCRIPTIVE R/W FINAL PLAT �Tx op `r' Merriman's Chase '`` Section 1 *07 Back Creek Magisterial District Frederick County, Virginia P. DUANE a BROWN DATE: JULY 19, 1999 SCALE: 1"=60' 1 FILE#: C:\MerrimansChose.DWG V �� -•-� gObert w. difford & associates, Inc. NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS 100—C ae. � QVWF orin 200 NorthCov m aet Strog SHEET July /9, 199 9 flSdockhoburs VMr" 22401 Wbdrwbr, Vk*1a 22001 6 Cq�o SURVE�O� i� M-2113 0 ,30 60 120 (�) w7—M39 OF 6 SK 9 7 3 i­'G 10 0 3 M9 PUT Merriman's Chase Section 2 Back Creek Magisterial District Frederick County, V1rqin1a Vj 9 YA :A V— U .001 J, III.Ki-14. V 0 Map. 21111A 1'm200(r .1172 AP City of Winchester Public Utilities 0 B Dote 01*0 Subdivision Administrator Date Wirginid Dept. of Transportation Date -,7 OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is, with the free consent and in accordance with the desires of the undersiq!?ed owners, proprietors, and trustees, IF n . Date NOTARY PUBLIC a Notor Public in and for the State of Virginia, at large, do certify tha 1t(d6L-L-1 --. whose names are signed to the foregoing Owner's Certificate, have acknef4dged the some efore me in my sit,-- Given under my hand this�� day of m V My commission expires SURVEYOR'S CERJIFICATE hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated October 5. 1998 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673. TH OF P. Duane Brown, L.S. The property represented herein is a portion of the property shown on P DUANE Z Frederick County Tax Map 53((A)) as Parcel 88. BROWN ".4 F-7 DATE: JULY 19, 1999 COVER SHEET FILE: C: \MerrimansChase.DWG NO. 1285 gMwt w. dffford & oewdates, Inc. SHEET J./y /9, 1999 ENGINEERS — LAND PLANNERS — SURVEYORS 1 -11AVID SUR'40e, lao-C owe Growl" a" 200 Worth Owwvn SbvA OF FMdWbW6Ur& WOW 224M 8 (540) 801-2115 6 973f,G1004 Curve Table CURVE RADIUS LENGTH TANGENT CORD BEARING DELTA 1 2,363.25' 313.43' 156.94' 313.20' S3922'35"E 07'35 56" 2 225.00' 70.72' 35.66' 70.43' N0814'18"W 18000'35" 3 380.00' 321.96' 171.36' 312.42 N23 30'22"W 48 32'41" 4 380.00' 19.94' 9.97' 19.94' N4916'54"W 03 00'23" 5 750.00' 273.39' 138 23' 271.88' N40'20'32"W 2053'07" 6 - 200.00' 60.43' 30.45' 60.21' N07 5325W 17'18'48 7 405.00' :43.. ' 21.93' 43.80' N021959 W 06'11'56" 8 405.00' 98.11, 49.30' 97.87' . N1222'22V 13'5249" 9 405.00' 91.51' . 45.95' 91.31 N25'47 08 W 12'5644" 10 405.00' 90.32 45.35 90.14' N38 38'50"W 12'46 41 " 11 405.00' 40.63' 20.33' 40.62' N4754'38"W 05'4454" 12 725.00" '51:71 25.87' 51.70' N48'4429"W 04'05'13" 13 725.00' 90.86' 45.49' 90.80' N43'06 28"W 0710 49" 14 725, 00' 90.06' 45.09' 90.00, N3557'32"W 07'07'02" 15 725.0Y 77.21' 3.61 7.21' N320655 W 00'34'12" 16 25.00' 8.42' 4.25' 8.38' N22'10'48"W 19'18 02" 17 54.00' 55.79' 30.68' 53 35' N4207'47"W 5912'00" 18 54.00' 54.61 29.90' 52.31' S79`18'01 W 57 56 24 19 54, 00' 54.61 29.90 52.31 S212137 W 57 56 24" 20 54. 00' 554. 6 i 29. 90' S2.31' S36'3447 E 57 56 24 21 54.00' 36.43' 18.94' 35.74' S845229"E 38'39'01" 22 25.00' 30.04 j17.13 28.26' S69'46383E 68'5043 23 775.00' 73.66' 36.86' 73.63' S38 04 38"E 052644" 24 775.00' 79.66' 39.86 79.62' S43 44'40"E 0553'20 25 35.00' 61.77' 42.54' 54.06' S03 52'02'W 101'06'43 26 35.00' 52.75' 32.84 47.90' S82'23'48"E 86'21'38" 27 355.00' 127.48' 64.43' 126.79' S28'55'45"E 20'3428" 28 355.00' 120.25' 60.71' 119.68 S08 56'16 "E 19 24'30 29 250, 00' 81.01, 40.86' 80.66' S08'3100"E 183358" �D P,DATE: N Jam/150-c < FINAL PLAT Merriman's Chase� Section Z Back Creek Magisterial District Frederick County, Virginia JULY 19, 1999 CURVE TABLE FILE#: C:\MerrimansChose.DWG gnbert w. difford & associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS a& �wd o" zoo Nosh Ownum sbvd Fr9d� %kd w % vr+�na 22401 wtnoh..e.r. vtgrdo 220C+ (5" $98--2115 ('.�la) es7-17JY SHEET 2 OF 8 B 973' G 1005 Area Summary Area in Lots 5.9345 Acres Area in Open Space 2:5380 Acres Area in R/W 1.0510 Acres TOTAL AREA SUBDIVIDED 9.5235 Acres Number of Lots 16 Average Lot Size 16,157 Sq. Ft. Smallest Lot Size 12, 223 Sq. Ft. All lots are single family detached — urban. M MINIMUM SETBACK REQUIREMENT-q- FRONT = 35' REAR = - 25' SIDE = 10' EXISTING ZONING.- RP EXISTING USE. VACANT All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 9 and 12-22 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. CONSUMER NOTIFICATION: There is a possible project that will extend Jubal Early Drive and construct a possible interchange with Route 37. FLOOD PLAIN AREA:. Structures may not be permitted within the designated Flood Plain Areas per applicable zoning and building code regulations. MONETARY PROFFER: The amount of $3,910.03 shall be paid to Frederick County, Virginia for each lot at the time of Building Permit application. �ysli 0p Y t P. DUANE O BROWN NO. 1285 <,q�O sumjs�o� FINAL PLAT Merriman's Chase ^o Section 2 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 GENERAL NOTES I FILE#: C: \MerrimansChose.DWG gllbert w. difford & asaoclates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C ova. Q.«nviah DrIn 2W NN01 Cancan Sbvd SHEET F1vft d 9w% W01a 22401 Whidnolor. Vkolo 22e01 3 (sew) ass--zm (M) ee7-2139 OF 8 SHIHO, INC. (REMAINDER) 12.61 N35 21 '07"W —• 39, 37' 10' DRAINAGE AND - UTILITY EASEMENT 4 � ,TH 0p � P. DUANE BROWN � �iC►'G(.a..w `.s�s�acu-fir NO. 1285 , July /9, /999 <qM0 SURVE��� 554 25"23"W 122.91 " 3 o L26.49' SEE SHEET 8 OF 8 N 54'2523"W 4 11 16 n 0 102.29' z N HOMER DRIVE - 50' RA 28' #122 ! - j ,f LOT 11 j113,400 SF SAN. SEWER 1 EASEMENT -° ti- a Z 29 LOT 10 tf IZ865 SF 12WATER EASEMENT 1 LOT 9 i 12,223 SFf' DRAINAGE EASEMENT 29 s):... 2 If O ii O 8 / L=60.39' 12 10 15 25, s67 2� 13, 7 h', S54 29'19 'W 26Q 23T — 3 O'KEEFE DRIVE 2 1 50' R/W PROPOSED M£RRIMAN S CHASE N SECTION 1 ZONED: RP USE: VACANT FINAL PLAT Merriman's Chasewv Section 2 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE: 1"=67FILE#: C:\MerrimonsChose.DWG gflbert w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 100-C Owe Q w hdoh D" 200 N"m Cmwm Sbog SHEET Fmdw%M burg, Vlrgblo 22401 WbdwwW. "lo 22601 4 (540) 90-2113 0 3p 60 120 (040) 067-2139 �F H 9 7 3 F'G 1007 SEE SHEET 6 OF 8 130' DRAINAGE AND �i° :�{ HOMER DRIVE - 50 R/W 0 ti W D 11 ,,u 33.63' 4 J f 16 UTILITY EASEMENT ; • - �rP. N5429'19'E 159.39 — — OPEN SPACE'' ..6 ! ��, 25380 ACRES aJ to LOT 15 1 10 i 13,972 SF CS _ N542919"E _� S5429'19"N/'`: 27 154.46 _ 80.54 iI ;o LOT 14 I al r , 9 f 14,439 SF o ' 3 L__ N5429'19�E o ter. Nn 169.89 1 0 CN 8 ., o°` LOT 13 (Z) OPEN SPACE / 16,827 SF i �h _._1 Inn__^ N542919"E _.. N 208 35 _ LOT 12 ABRAMS CREEK o� 21,288 SF 100 YEAR o� —20' SAN. SEWER EASEMENT FLOOD PLAIN Q' f 10' DRAINAGE EASEMENT 1 S54 29'19 W 260.23 I PROPOSED MERRIMAN'S CHASE - SECT70N 1--7 7nNrn• RA a ica-• verdNT 2 TH 4F G f P, DU NE BROWN NO. 1285 , Judy J9, J999 <1 0 SURVEY-0 FINAL PLAT Merriman's Chase oqw Section 2 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE. 1"=60' FILE#. C:\MerrimonsChase.DWG ggfilbert w. difford & assoclate% Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 100-C 0kW QwnMoh orta 200 Nam Car"m Sb*d SHEET Fl rtdabvfy. "fu 22401 Wkmh gw. Vk*io 22001 5 (e4o) ere--2115 0 J0 60 120 (340) °7'2139 OF 8 BK073PG1008 1d S6 '0 -W 25 00 0 00 int W 23 24 `50' R W HOMER DRIVE 5425'23"W SEE SHEET 7 OF 8 20 0 1 N � •�, is �•{i`. fr:-, ` LOT 19 VA _ 19,838 SF \ OPEN SPACE 2.5380 ACRES -SAN.; SEWER EASEMENT/ s 30 RAUJAGE AND . i6 UTILITY EASEMENTCC N54'29'190E:— _ f '�, cc t92.65 t _ ABRAMS CREEK I 100 YEAR I FLOOD PLAIN I'` I LOT 18 F.. I 17,391 SFQj I of -12' N5429'19„E_ LOT 17 E►v 16,822 SF i ci _ f F N5429'19"E ^ r 179.95 `" " 1 1-20' DRAINAGE EASEMENT a l2 -� LOT 16 �I C l 15,257SF � �) ex 11 I _S5_4 2919 W 159.39 r' 15 SEE SHEET 5 OF 8 .. pTH ofr?fzV � f P. DUANE O n BROWN "'' NO, 1285 July /?,/499 SURV���� FINAL PLAT Merriman's Chase ow Section 2 Back Creek Magisterial District Frederick County, Virginia DATE. JULY 19, 1999 SCALE: 1 =6D' FILE#: C:\MerrimansChase.DWG gilbert w. dlfford do associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150O-C aid@ GnwwAh Dr1vv =0 NwM Conran Strwt SHEET FleftkWburg. "b 22401 Wbdvwbr, Vk*io 220M 6 (540) aft-2115 0 J0 60 120 (340) 667-2139 of 8 B 973PG1009 . "f-." Aice, "�1.:3�' •� . NOTE: No structures are permitted j1 within the Road Efficiency Buffer t N� - • OAP �p,5:r'i� .� � °1;:,,�%. -01 OPEN SPACE r 1 00.11.Z5380 ACRES LLl N W N 21 101- 606 ABRAMS CREEK 100 YEAR FLOOD PLAIN JG.I i •� LOT col olol 18,500 SOF .mil ter/ 0 20' WATER EASEMENT �51��590 OWEEFE DRIVE 50' R/W P. DUANE O BROWN NO. 1285 .iu/y 19, /999 <10 SUR\/E�(-O� P) 19 SAN. SEWER EASEMENT SEE SHEET 6 OF 8 F;;:'; 30' DRAINAGE AND U71UTY EASEMENT !X � �a \ :r: N FINAL PLAT Merriman's Chase ^o Section 2 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE: 1"=60' FILE#: C: \MerrimansChase.DWG ypbert w. diffwd & associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 130-C a& amon" Dow =0 NwM Caewm Sbvd SHEET FndwkMb % Vkgk 22401 whd"ety. Vi 10 zw 7 (sew) a98-2113 0 ,30 60 120 (5 0) 067 2139 OF 8 BK973PG 1010 SHIHO, INC. (REMAINDER) � TH OF D P. DUANE O BROWN NO. 1285 c�u/y 99 bC,<,q�0 SUR%Jelo N43'� �F ao g1.g6' 8 `� NOTE. No structures are permitted r- 0 within the Road Efficiency W LOT 21. 1 �; 20 14,857 SF 20 WER EASEMENT" 10, i8 19 1 LOT 22 20 S6 17 19 06'0 'W 4Q- 14,447 SF 25.00 I i6 -- 21 �• �' ' /524� ,' , 22.a- 512 to 14 ( 18 LOT 23 t2 : � 16,326 SF 23 o 00 0 i N 12' WATER EASEMENT w S497315 17 24 LOT 24'� 20,055 SF -- lo ? i DRAINAGE EASEMENT i2 16 12' WATER EASEMENT 6 .25•'SEE S54 25 23 W SHEET 4 OF 8 FINAL PLAT Merriman's Chase ,ww Section 2 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE. 1'=60' FILE#: C:\MerrimansChose.DWG gllbert w. dtffard do associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Oldo tnenloh Odw 200 North Connw= sbvd SHEET FFnAo Id, l oo, Vb*lo 22401 (540) 09e-2115 0 J0 60 Wkwhest9r. VkvWio "Ir 120 (SM) 067-2130 8 OF 8 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on F7NNE PLAT 51r,wAet Merriman's Chase — Section 3 Back —£1•eek Magisterial District Frederick County, Vtr inia A J. t • N `- . ( -PR D City of Winchester Public Utilities 1 ` ' ate A Subdiw'sion Administrator �" Date d 2� ' 03 r; Virginia Dept. of Transportation _ T' -` %. r -. Date ✓ <5✓ % �' OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is with the free consent and in accordance with the desires of .the undersigned owners, proprietors, and tru if any. WI 0 Date NOTARY PUBLIC !, / I•,rewp 1E, 6;�yE.3, a Notary Public in and for the State of Virginia, at large, do certify that LA4 L/Q_ 116 • oGGiGAY , whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. ti Given under my hand this_day of My commission expires _ �7 ir______�_ SURVEYOR'S CERTIFICATE l hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated October 5, 1998 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 67J. e P. Duane Brown, L.S. The property represented herein is a portion of the property shown on Z Frederick County Tax Map 53((A)) as Parcel 88. �"'oweDATE: JULY 19, 1999 COVER SHEETFILE#: C:\MerrimansChase.DWG gflbert w. difford dt associates. Inc.y ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 1 � 150-C Old* Qm- Id i Ddn 200 Na th Camara Sbvet OF Frsdeldn' _ Vb*ia 22401 whdmtar. W&Ie 226M 7 (510) aS8-2115 (340) 667-2139 Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 400.00' 22.61' 11.31' 22.61' S5248'13"W 03'14'20" 2 400.00' 171.42' 87.05' 170.11' S385425"W 24 33'15" 3 425.00' 83.16' 41.71' 83.02' S31'08'00"W 1112'38" 4 1 425.00' 83.16' 41.71' 83.02' S42'20'38"W _ 1112'38" 5 425.00' 48.02' 24.04' 48.00' S5111'107 0678.26" 6 35.00' 57.39' 37.50' 51.18' N077644"E 9357'18" 7 25. 00' 22.14' 11.85' 2L 42' N64 5358"W ' 50 4.4'05" 8 54.00' 34.38' 17. 79' 33.80' 72'01'43"W < . 3628'33" 9 54.00' 54.61' 29.90" 52.31' - N2449157 57'5624" 10 54.00' 61.86' 34.82' 58.53' N36'5753"E 65 37°52" 11 54.00' 48.54' 26.05' 46.92' S84'28'07"E 5130'08" 12 54.00' . 65.90' 37.76' 61.88' S23'4526"E 6955'13" 13 25.00' 22.14' 11.85' 21.42' S14'09'52"E 50'44'05" 14 35.00' 60.66' 41.20' 53.35' S6911'12"E 9978'34" 15 375.00' 86.86' 43.63' 86.67' N3431'22"E 13107" zx of yMerriman's *01 P. DUANE O BROWN ND.285 1 Jv/y /9, /999 c 4�o SURV��01P FINAL PLAT Chase,-%o Section 3 Back Creek Magisterial District Frederick County, Virginia DATE. JULY 19, 1999 CURVE TABLE FILE#: C: \MerrimansChase.DWG ENGINEERS libert w. LAND PLANNERS -associates, SURVEYORS 150-C ad. QVNVAM Drlw 200 Norm Cana, strd Re"-ab�rq. Vholu 22401 wnahw vr�na 22d01 ('EN-211S SHEET 2 OF 7 Area Summary Area in Lots J.4225 Acres Area in Open Space 1.1389 Acres Area in R/W 0.8494 Acres TOTAL AREA SUBDIVIDED 5.4108"Acres Number of Lots 10 Average Lot Size 14,908 Sq. Ft. Smallest Lot Size 13,394 Sq. Ft. All lots are single family detached — urban. M `MWIMUM SETBACK REQUIREMENTS,; FRONT 35' REAR = 25' SIDE = 10' EXISTING ZONING. • RP EXISTING USE. VACANT All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 31 and 32 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. CONSUMER NOTIFICATION: There is a possible project that will extend Jubal Early Drive and construct a possible interchange with Route 37. FLOOD PLAIN AREA: Structures may not be permitted within the designated Flood Plain Areas per applicable zoning and building code regulations. MONETARY PROFFER: The amount of $3,910.03 shall be paid to Frederick County, Virginia for each lot at the time of Building Permit application. � _,.t,'Tii OF l� G� P. DUANE O BROWN NO. 1285 / 9, /99V <'Iko E� SURVo� FINAL PLAT Merriman's Chaseww Section 3 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 GENERAL NOTES FILE#: C:\MerrimansChase.DWG gilbert w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Olds Grown" Dria 2W North Canaran Strwt SHEET Fr.dwtaaei.p, wrptna 224M wr,an.ar. "la 220M 3 (540) 696-2115 (540) 667-2139 OF 7 OPEN SPACE 1 �J / SEE SHEET 7 OF 7 iN r;;:t;; �F NOTE., No structures are permitted .; ,' POwithin the Road Efficiency Buffer Nq N5425'23'"E 195.32' x, N45 06 49 E 105.32'- 90.00 117.28 3 ca LOT 26 1^ o1 LOT 25 1 �� LOT 27 t� d 16,135 SF I", i 15,120 SF �4+ 17,283 SF �O0 wi 1,0 1 iM -� All 19 'ems /LOT 2$ , 15,964 SF L. �- - 12' WATER EASEMENT 4 - HOMER DRIW N 50' R/W ^ �♦ �� ::: S5475'23"W o 3 .:::.:..,... 250 93' � �. ti ��• Ln r� W 14 6 n moo. 15 0 � Iw V W 2 30 SHIHO, INC. (REMAINDER) ♦ 34 ♦ 0 "' 13 \ 7 SEE SHEET 6 OF 7 -J SEE SHEET 5 OF 7 FINAL PLAT Tx OF �r Merriman's Chase ww Section 3 V Back Creek Magisterial District Frederick County, Virginia P. DUANE � O BROWN DATE. JULY 19, 1999 SCALE. 1"=60' 1 FILE#: C: \MerrimansChase.DWG gimsrt w. difford & associates, Inc. NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS July IW-C 01& � ` or►m 2W Nwffi Cana= Sbvd SHEET /9, /999 <q&O FtedwftMW 9. VMgifla 22401 (W) M-2113 0 J0 60 Wkmh=itr. W gkft ZMI 120 (s+o) ee7-2139 4 OF suRv6'�0R- 7 SEE SHEET 4 OF 7 27 26 4 5 34 W W 33 L=9.5' 25 1 24 122.91' HOMER DRIVE - 50' R/W _ S5425 23"W _ 250.93' SEWER EASEMENT ,. f.rr122.9 13.9' -rK --- 120 I-��t4E i to LOT 30 LOT 29 t 13, 730 SF z i 13,394 - SF i J L i I ' !^� LOT 31 15,188 SF 10 / 32 20' DRAINAGE EASEMENT -^ 112.6' I PROPOSED MERRIMAN'S CHASE - SECTION 1 ZONED: RP USE. VACANT 6 1 5 1 4 rV P. DUANE O BROWN NO. 1285 , c1 my 19, 1999 ��o SURNX�O 3 HOMER DRIVE 50' R/W 01 FINAL PLAT Merriman's Chase ww Section 3 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE. 1"=60' FILE#: C: \MerrimansChase.DWG gflbert w. difford dt associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C old. Qvwndch ortw 200 North Csw w Strwt SHEET FndwidabW. Vk to 22401 wh Cil to VFvnfo "fl n 5 (540) M-2115 0 30 60 120 (54O) 667-2139 OF 7 27 SEE SHEET 4 OF 7 5 26 25 24 28 4 HOMER DRIVEN 50' R/W S547523°W 3 1 250.93" 2� SAN. SEWER EASEMENT 14 15 1=20.5' 12' WATER EASEMENT wA of 0,30 I 29 ` plc„ t. t LOT 34 ; r1 Z 2; 13,812 SF ,: =:: �. 7 N w 12 SHIHO, INC. (REMAINDER) 1'2WATER EASEMENT 000 �0 LU 1 ,5S ,• 13,584 SF i, L=9.5' v 31 0' DRAINAGE EASEMENT 10 10 �5 o,fio f yo; LOT 32 14,874 SF ��:.. .: 10' PRIVATE SAN. SEWER EASEMENT pis¢ — — — — — — _..._— —29� r' 1 lr ,�� —►1;^ 2o.ff�� S357107 E 6 90.00 180.00 . I n: r r f r 39.37' S54 38 53�W F 2727—T�r SAN. SEWER EASEMENT 7 I 6 5 4 ( 3 I I PROPOSED MERRIMAN'S CHASE N SECTION 1 I ZONED: RP USE. VACA T e,zx of y r ,i� P. DUANE O BROWN NO. 1285 July /9, /999 FINAL PLAT Merriman's Chase oww Section 3 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE. 1"=60' FILE#: C. \MerrimansChase.DWG gifbert w. difford do associates. Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C ow. onaMah Drkv Zoo North canam Street SHEET Fleft koburg, Vkgkft 22401 Whoherter. Vk*io rlOo+ 6 (w) a98-2115 0 J0 60 120 (340) W7-2739 OF 7 30' DRAINAGE AND UTILITY EASEMENT " r lb 22 ,�$...;:. cn z w o 1f :, OPEN SPACE IL" 2 � L0 = 1.1389 ACRES S45 '49PW S5475 23 W 195.32 z 117.28 ( c 23 100' ROAD tM(AtNCY BUFFER C A NOTE No structures are permitted E5 W within the Road Efficiency o H 1 Buffer � 1 � 27 ' 26 25 a 24 28 HOMER DRIVEN 50' R/W — SH1HO, INC. (REMAINDER) o 34 c� 30 29 11 FINAL PLAT 'TH of yr Merriman's Chase '`' Section 3 P. DUANE , Back Creek Magisterial District Frederick County, Virginia O BROWN DATE: JULY 19, 1999 SCALE: 1"=100' FILE#: C:\MerrimonsChase.DWG gilbert w. dIfford dt associates. Inc. NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS Jul y / 9, /999 150•-C old@ CrowMah DrIn 200 North Com rw+ St"t SHEET Freft alwq, vrpr+lo 22401 whd+@ to W&W 22001 7 <'IA(t) � SURVE�01(�) M-2115 0 50 100 200 (50) "7-2139 OF 7 FINAL PLAT s w>tiee Merriman's Chasewv Section 4 Magisterial. District Frederick County, Vir inia /. 1 A1 mil, t7 .R . _7 _ A t� `• J.:ee liver: City of Winchester Public Utilities - - Date. Subdivision Administrator a = Date i%3 ZC1 03 Virginia Dept. of Transportation - - �' Date OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is with the free consent and in actor ce with the -desires of the undersigned owners, propriet and trus if any. � f Gt2 Date n- NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that �!dyra 7°��yQ� i whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand this— 41 _ day of-v�_____�, .adY�R My commission expires SURVEYOR'S CERTIFIC I hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated October 5, 1998 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673. 'TH Ofi P. Duane Brown, L.S. The property represented herein is a portion of the property shown on P. DUANE .Z, Frederick County Tax Map 53((A)) as Parcel 88. O BROWN *" DATE: JULY 19, 1999 COVER SHEET FILE#: C:\MerrimansChase.DWG NO. 1285 gilbart w. difford do associates. Inc. SHEET .1,,I y i 9, i99 9 ENGINEERS — LAND PLANNERS — SURVEYORS 1 `-1,vo SURVE-,01¢ 100—C 0NN «oenMtoh Drive 200 North Comwon Strad OF Fredwtd dw% "in 22401 Whohoeter, "la 226M 7 (340) M8-2115 (NO) 067-2139 Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 40.00' 58.80' 36.16' 53.65' S0610'33"E 8413'48" 2 250.00' 266.21' 147.29' 253.81' N17'47'06"W ' 610041 " 3 400.00' 97.11 ' 48.79' 96.87' N 19'40'31 "E 135434" 4 1 425.00' 83.16' 41.71' 83.02' S195522"W 117238" 5 425.00' 11.85' 5.92' 11.85' S13131'08"W 01'3549" 6 275.00' 71.13' 35.76' 70.93' S0518'39 W 14'49'10" 7 275.00' 79.84' 40.20' 79.56' S107458"E 1638'04" 8 275.00' 79.84' 40.20' 79.56' S27'03'02"E 16'38'04" 9 275.00' 6203' 31.15' 61.89' S414946"E 12'5523" 10 225.00' 119.80' 61.35' 118.39' N33 02'17"W 30'30'20" 11 225.00' 119.80' 61.35' 118.39' NO2 31'56"W 3030'21 " 12 375.00' 1 99.27' 1 49.92' 98.98' N2018'14"E 15'10'00" ,Tx op `r S��,, P. DUANE �, O BROWN NO. 1285 .� 1 y / 9, / 9 9 9 c qNO SURVE�OP FINAL PLAT Merriman's Chase ^' Section 4 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 CURVE TA8LE I FILE#: C:\MerrimansChase.DWG gDbert w. difford & am*dates. Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C atag d. Grown DrIn 200 North Canon" Stn't Fndwow-vV. W&b 22401 ftWlBtw( )ginio 22t101 (540) aYe-2115 �')-21� SHEET 2 OF 7 Area Summary Area in Lots 4.4439 Acres Area in Open Space 2.7315 Acres Area in R/W 0.5169 Acres TOTAL AREA SUBDIVIDED Z6923 Acres Number of Lots 14 Average Lot Size 13, 827 Sq. Ft. Smallest Lot Size 12,274 Sq. Ft. All lots are single family detached — urban. 0 MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR 25' SIDE = 10' EXISTING ZONING. • RP EXIS77NG USE. VACANT All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 36-38 and 45-48 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. Merrimans Lane street addresses (Lots 44-48) will be assigned at time of Building Permit issuance. CONSUMER NOTIFICATION: There is a possible project that will extend Jubal Early Drive and construct a possible interchange with Route 37. FLOOD PLAIN AREA: Structures may not be permitted within the designated Flood Plain Areas per applicable zoning and building code regulations. MONETARY PROFFER: The amount of $3,910.03 shall be paid to Frederick County, Virginia for each lot at the time of Building Permit application. RECORDATION OF SECTION 4: Recordation of Lots 39-48 shall not occur until 50% of the lots remaining have been built upon or building permits have been issued. 19 lots shall have building permits issued prior to the recordation of Lots 39-48. 'TH QF Y f P. DUANE O BROWN NO. 1285 July 19J I999 <q�O SURVE ( FINAL PLAT Merriman's Chase ,w Section 4 Back Creek Magisterial District Frederick County, Virginia DATE. JULY 19, 1999 GENERAL NOTES FILE#: C. \MerrimansChose.DWG glbert w. difford & assoclates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C OW@ avenwtah Drtm Zoo Math Cannon Stoat SHEET Fnaorlaabirq, Vliolo 22401 Wkwt wtw vi0io 22601 3 (540) a$8-2113 (CIO) 867-2139 OF 7 OPEN SPACE'- ,`i: " 2 7315 'ACRES' ; VA. ROUTE 37 '�tN12*4J'l41E 1 �30' DRAINAGE AND UTILITY EASEMENT 1 v� 00 c LOT 41 4t 13,783 SF 42i ;- JI07_ _r 1 1 22.78' 279 ' `; , . tom;.: 111.69' 80' ROAD EMCIENCY BUFFER N07E.1 No structures are permitted within the Road Efficiency !,kA Buffer -J.Z�,,NF- I LOT 40 I� ggI LOT 39 1 12,274 SF ;^fir-! 13,604 SF / Q, ! Izl I ! co 28 NF- SAN. SEWER EASEMENT - 17' 15.5, 6 9. 2' 77.18'I 5 4 12' HOMER DRIVEN 50' R/W `^ 7 4-N12'4314 E 1' 87.00' 3 W 12' WATER EASEMENT 10 38 8 TER EASEMENT z 0 --#106 I , 1148 , 112- r �,� 1 � LOT 37 I'r ^I LOT 36 I� ^I LOT 35 12,761 SF I^'1 14,888 SF I I IZ979 SF � s�. Iz I Iz I a 34 fl L______—J ( L.___�� TH OF y f� P. DUANE BRO�WN � NO. 1285 July 19, 1999 < q�O SUR\1E(0� WHISTLER COURT 33 1 50' R/W N SECTION 1 PROPOSED MERRIMAN'S CHASE N SECTION 3 (CANT ZONED: RP USE. VACANT FINAL PLAT Merriman's Chase orw section 4 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE: 1"=60' FILE#: C:\MerrimansChase.DWG gllbert w. dtfford do associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Me Qswndch Drfw 2W Nar& Canw= Sbod SHEET F7r"1dcr, Vkgki 22401 wkwhwibw. Vk*io 226M 4 (540) 808-2115 0 .30 60 120 (W) W7-2139 OF 4W VA. ROUTE 37 N0916'32"E 809.67' N12*43'14"E 568.07' JO' ORAWAG0,AND UTILITY EASEMENT OPEN SPACE 2 7315 ACRES 100, DRAINAGE EASEMENT .34.4 .01 NOTE- No structures are permitted within the Road Efficiency ROAD EMCIENCY BUFFER Buffer ROAD EmGLENcy BUFFER LOT 42 LLI .0-0� 13,689 SF U, 00- dIx N09'30'18*E 84.51 LOT 43 4 6/[' 13,689 SF 7 15. SAN, SEWER EASEMENT 8 (ON LOT 45 2 14,624 SF I N LOT 44 18,235 SF 'A ND DRAINAG,E.'� r U17LITY EASEMENT v X I ye" ­y 4> tiSR 6_21 RA vi 0p; P. DUANE O BROWN NO. 1285 /Y 19,19917 1, '1AV0 SURNJ��Ovl .01 80) 41 37 'A 12.).4ATER EASEMENT Lp%" A� ! LOT 38 12,550 SF 8 '**N . qF"rTInk 1 7 FINAL PLAT Merriman's Chase Pv Section 4 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 1 SCALE: 1'=60' 1 FILE#. C: \MerrimansChase.DWG glbwt w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C a& crown" DrIn 200 Naft Cafterm Sbid SHEET d-dremb — "lo 2240" Wbidwbw "la 22Q01 5 a96-2115 0 30 60 120 (540) W7-2139 OF 7 0 VA. ROUTE 37 Xoq-,j6'jZ:"fE 809.67' OPEN SPACE 2.7315 ACRES N07E, No structures are permitted within the Road Efficiency 100' ROAD EMCIENCY BUFFER Buffer LU------- W. LAJ - :?,70 0, + PO �0 LLJ LOT 48 13,500 SF 120' DRAINAGE EASEMENT LOT 47 13,500 SF 24' DRAINAGE AND v Sz) U71LITY EASEMENT of .) LOT 46 100 *78 36 U0, 13,500 SF 90 45 71 170, 9 WILLOW GROVE LC. ZONED. RA USE. VACANT DB 869 P 596 q�ys"g, of P. DUANE O BROWN NO. 1285 ,ply 19, /gvg 'I'vo SURN,,F--,0%F/ FINAL PLAT Merriman's Chase ow Section 4 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 1 SCALE: 1*=60' 1 FILE#: C. \MerrimansChose.DWG g1lbert w. diffa-d & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Ode Givensich D" 2W Nwffi Caimm Stilt SHEET VkOft 22401 Wkwhedw. "ic "Am 6 (540) 808-2115 0 J0 50 120 (NO) 067-2130 1 OF 1 7 a *% %% ***%� 14% %% „�t,TH OF D , P. DUANE O BROWN NO. 1285 , July 19, /999 <��0 SURV00� VA. ROUTE 37 N09'16'32_E NOTE: No structures are permitted within the Rood Efficiency Buffer WILLOW GROVE L.C. ZONED: RA USE. VACANT DB 869 P 596 OPEN SPACE 2.7315 ACRES 100' ROAD EFFICIENCY BUFFER /ANE '� S.R• MERRIMA �Ag1A 621 N, 0 cc W FINAL PLAT Merriman's Chase ow Section 4 Back Creek Magisterial District Frederick County, Virginia DATE: JULY 19, 1999 SCALE. 1'=60' FILE#. C: \MerrimansChase.DWG gpbert w. difford do associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C 01& Qsrndah off" 2010 North Camran Sbwt SHEET Frodukldbirp, WO 22401 WO ahwta Vkgkft 220M 7 (540) e9e-2115 0 J0 60 120 (540) W7-2139 OF 7 BK913PG0989 HIS DEED OF DEDICATION nd DECLARATION OF SUBDIVISION, made this day of August, 2000, by and between SHIHO, INC., a ire nia Corporation, of the one part, hereinafter called the DECLARANT, and FREDERICK COUNTY, VIRGINIA, of the other part, hereinafter called the COUNTY. WHEREAS, the Declarant is the owner in fee simple of a certain tract of land situate in Frederick County, Virginia, lying in Back Creek Magisterial District of Frederick County, Virginia and more particularly described as Merriman's Chase, Sections I and II on those certain plats and surveys by P. Duane Brown, L.S., dated July 19, 1999, attached hereto and by this reference made a part hereof and being a portion of the property conveyed to the Declarant by deed dated October 5, 1998 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 917 at page 673; and, WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Merriman's Chase, Sections I and II, and to evidence that the above and foregoing subdivision of the above described property as it appears on the aforesaid attached plat is with the free consent and in accordance with the desires of the Declarant, and the Declarant does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of the County of Frederick, Virginia, and further to dedicate the streets and easements and other amenities as shown on said plat to the County of Frederick, Virginia. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the promises and the benefits which will accrue by reason of this dedication, the Declarant does hereby subdivide all that portion of the land designated as Merriman's Chase, Sections I and II located in Back Creek Magisterial District, Frederick County, Virginia as more particularly described by the aforesaid referenced plats attached hereto and made a part hereof and does hereby dedicate those portions of land set apart for streets or other public use, as designated, and does hereby create a public right of possession in the same, all of said land being the same as described hereinabove. RESTRICTIVE COVENANTS AND CONDITIONS The lots in said subdivision shall be subject to the following restrictive covenants and conditions, except as stated otherwise, which shall be considered covenants real and running with the land, and shall be binding upon and enforceable by the Declarant and all subsequent owners of said lots. 1. All lots shall be used for single family residential purposes only. No home occupations shall be allowed. 2. All dwellings shall have an attached garage with at least two (2) bays. No detached garages or carports shall be permitted on any lot. Utility and other outbuildings shall be permitted, but shall be constructed of the same material and shall be the same color as the main (residential) structure on the lot. 3. No signs or advertising of any nature shall be placed or maintained upon a lot, except for signs advertising the sale or rental with 6K973PG0990 regard to said lot such signage, excluding the entrance(s) to the subdivision, to be no larger than five (5) feet square. 4. No motor vehicle which does not have a current license plate and a current Virginia inspection sticker shall be placed or permitted on any individual lot or street. 5. No boats, trailers, campers, trucks or other similar vehicles or equipment other than automobiles, motorcycles and vans or pickup trucks of one (1) ton or less, shall be parked or located upon any lot or street except for the time reasonably necessary for the delivery or removal of goods or services to or from an individual lot. 6. No animals, livestock or poultry of any kind shall be raised or kept upon any lot except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for commercial purposes. No individual shelter shall be erected for any dog, cat, or other household pet allowed by this paragraph. 7. No fencing, except as specifically stated hereinafter, shall be permitted in the front or to the side of any residence located on any lot and any fencing to the rear of said residence shall be attached to the residence itself and shall be not greater than six (6) feet in height from the ground and shall be constructed of either wood, stone, stucco, or brick, or a combination thereof. Use of wire or chain -link fencing is expressly prohibited. Any gate may be of iron material. 8. Only in -ground swimming pools shall be permitted with a structure to house equipment to be constructed of wood, stone, stucco, or brick or a combination thereof. Fencing shall be allowed around the pool area provided, however, that the fence shall be constructed of either wood, stone, stucco or brick, or a combination thereof. Use of vinyl or chain link fencing is expressly prohibited from any fencing around the pool area. Any gate in the fence around the pool area may be of iron material. 9. No noxious or offensive activities shall be carried on or permitted on said lot nor shall anything be done or permitted thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. No lot shall be used or maintained as a dumping ground for garbage or rubbish. Trash, garbage or other waste shall be kept in sanitary containers and shall be stored, by screening, not visible to the neighbors and said containers shall be placed or stored in front of any residence only on the date of the garbage pickup. 11. Each lot shall be kept mowed and maintained in a neat and orderly condition at all times. 12. No exterior antenna of any type, other than television satellite dishes not exceeding thirty inches (30") in diameter, for the reception or transmission of radio or television communications, shall be erected, used or maintained on any structure, on any lot, at any time. No solar panels or solar heat collecting device shall be allowed. 13. No clothesline or hanging device shall be allowed upon any lot except for an umbrella type device with a diameter not exceeding seven (7) feet which shall be located in the rear of any residence. When such hanging device is not in use it shall be retracted and stored. No clothing or other washing shall be dried outside a residence except during the hours from 8:00 a.m. to 6:00 p.m. 14. No dwelling shall be erected, placed or permitted to remain on any lot which has less than twenty-two hundred (2,200) square feet of living space above ground, exclusive of open porches, basements, and the attached garage. No split-level or split -foyer homes will be permitted. BK973PG099I 15. The exterior of any dwelling or outbuilding shall be of wood, wood product, stone, stucco or brick or a high grade of vinyl siding or combination thereof. The foundation from ground level to plate must be brick or stone. The fascia and soffits may be constructed of vinyl and/or aluminum. Chimney flues for gas fireplaces may be metal only if they protrude through the rear roof of the dwelling. 16. No easement or right of way shall be granted over any lot except for utility easements, or drainage easements, and, except for drainage easements, all utility services shall be placed underground. 17. With regard to any corner lot (where two or more streets intersect) there shall be no planting, structures, fence, shrubberies or any obstruction placed or maintained which has a height that exceeds three (3) feet above ground level (with the exception of the subdivision entrance signs), said restriction to apply to an area measured twenty-five (25) linear feet on each of the intersecting street lines. 18. No lot shall at any time be subdivided, conveyed or sold except as a whole unless said sale or conveyance results in a lot(s) larger than the lot size as shown on the plats attached hereto and made a part hereof. 19. All driveways, or off-street parking areas, shall either be asphalt covered or of concrete. No other area shall be used for off-street parking or as a means of ingress and egress to the garage. 20. Before construction, all house plans must be approved and signed off by an officer of Shiho, Inc., a Virginia corporation. 21. With regard to all the lots in the Merriman's Chase Subdivision, there is reserved to the Declarant along each property line a ten (10) foot easement for the installation and maintenance of utilities and/or drainage easements, the same being reserved whether or not shown on the plats attached hereto. 22. Each lot owner shall be responsible for maintaining and keeping in good repair all drainage easements located on the lot owner's lot. No drainage easement shall be changed or relocated in any regard except with the approval of Frederick County. 23. All of the covenants and restrictions herein shall remain in full force and effect from the date of recordation of this instrument until January 1, 2010, and shall be renewed automatically for additional successive ten (10) year periods unless a majority of the lot owners (each lot counting as one, regardless of the number of individual owners) shall execute and record an agreement amending these covenants and restrictions at least 90 days prior to the otherwise automatic extension. 24. Invalidation of any one of the covenants or restrictions contained herein, by judgment or court order, shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenant and restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. SPECIAL RESERVATION OF DECLARANT The Declarant reserves the right to waive, alter, add, amend or delete any of the covenants and restrictions, alter any and all easements or other matters set forth herein, at any time, provided that Restriction numbered 1 shall be exempt from this provision. BX973PG0992 HOME OWNER'S ASSOCIATION MATTERS DEFINITIONS Section 1. "Association" shall mean and refer to Merriman's Chase Homeowner's Association, Inc., a nonstock Virginia corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to the real property described in the Merriman's Chase Final Development Master Plan and such additions thereto as may hereafter be brought within the jurisdiction of the corporation, and shall not be limited to Section 1 as shown on the attached plats. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plats of Merriman's Chase, Sections I and II, with the exception of the open space(s) and buffer area(s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the association. Section S. "Owner" shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any lot which is a part 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 Shiho, Inc., its successors and assigns. 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. When more than one person holds such interest in any lot, all such persons shall be members. (The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.) 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. VOTING RIGHTS Each member of the association shall have one vote for each lot owned, but in no event shall more than one vote be cast with respect to any one lot. The vote for such lot shall be exercised as the owners determine among themselves. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three, but no more than nine directors, who must be members of the association. The initial board of directors shall be appointed by the party of the first part herein, and serve until the first annual meeting following conveyance of the first lot in the properties; thereafter, the BK973PG0993 board of directors shall be elected by the membership as determined in the bylaws of the association. PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Member's Easements of Enjoyment: Every member shall have a right and easement of enjoyment in and to the open space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid open space(s) 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 bylaws, to borrow money for the purpose of improving the open space(s) and in aid thereof to mortgage the property. The rights of such mortgagee in the properties shall be subordinate to the rights of the homeowners hereunder. Approval of at least sixty-seven percent of the membership, excluding the Declarant, is required to mortgage or encumber the open space(s). (b) The rights of the association to suspend the voting rights and the right to use the open space(s) by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty 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 open space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by not less that sixty-seven percent of the members, excluding the Declarant. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds 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 days nor more than fifty days in advance. (d) In the event the association is dissolved, the assets shall be dedicated to a public body, or conveyed to a nonprofit organization with similar purposes. (e) If ingress or egress to any residence is through the open space(s), any conveyance or encumbrance of such area shall be subject to the lot owner's easement. Section 2. Delegation of Use: Any member may delegate, in accordance with the bylaws, his right of enjoyment to the open space(s) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Open Space(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the open space(s) to the association, free and clear of all encumbrances, prior to the U.S. Department of Housing and Urban Development's insuring the first mortgage or deed of trust in the development. BK973PG0994 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 thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. 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 open space(s). Section 3. Basis and Maximum of Annual Assessments: Until January 1, 2001, the maximum assessment for any lot (except declarant owned lots) shall be $100.00 per lot. (a) From and after January 1, 2001, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds 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 days nor more than sixty 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 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 BK973PG0995 a described capital improvement upon the open space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds 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 days nor more than sixty 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. Ouorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Section 3 and 4, the presence at the meeting of members or of proxies entitled to cast 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 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the prior meeting. Section 7. Date of Commencement of Annual Assessments: Due Date: The annual assessments shall begin as to all lots on the first day of the month following the conveyance of the open space(s). 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 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 assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 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. 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 open space(s) 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, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale BK973PG0996 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 open space(s); (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 Open Space(s): In the event that the association, or its successors, shall fail to maintain the open space(s) 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. By SHIHO, INC. A Virginia Corporation, De4 , President STATE OF VIRGINIA City of Winchester, to -wit: Acknowledged before me this �44 day of 2000, by David B. Holliday, President of Shiho, Inc., on beh4 of the corporation. N ary blic My commission expires: �/�3� - MAR-03-2004 11:22AM FROM-WASHINGTON HOMES SETTLEMENTS 703 G31 5728 i T-303 P.001/002 F-724 e WASHINGTON HOME5, INC. OF VIRGINIA A .I{HOVNANI AN COMPANY 4090- A LAFAYETTE CENTER DRIVE CHANTIL LX, VA 20151 ( 7 0 3 ) 631 - 0 8 3 4 X 9114,,�"— FAX. (703) 631-5728 FACSIMILE TRANSMITTAL SHEET a FROM JANICE, SCLARCE SETTLEMENT COORDINATOR COMPAN- DATE JlAte FAX NUMBER Tcq,,JiNo QF PACES INCi LIjDINC COVr�jt PHONE NUMBL-R. SENDER'5 REFERENCE NUMBER RE: YOUR REPERL'NCP= NUMBER PJ URGI:NT ❑ FOR REVIEW ❑ PLEASE COMMrNT ❑ PLLASL RLPLY ❑ PLEASE RECYCLE NOTES/COMMENTS A- �q a Ila 1, It, z ]CLICK HERE AND TYPE RETURN AODRL•SS] MAR-03-2004 11:22AM FROM-WASHINGTON HOMES SETTLEMENTS 703 Sal 5728 T-303 P-002/002 F-T24 .. IMMkicIrl Nol RADIUS I WC-1 TAN L BEARING ILHORD I DELTA C1 275.00' 162.037 131.15' IS 41-49'46- E 61.59 12.55'23 C2 40.00' 58.80' 36.16 S 06'10 33 E Irp3.657 154-1548- LOT 44 `' 4 18,235 $0 FT e r�. vvd- 12.8; ml 2 STORY FRAME 'o / URRIPoVEWA A DWELLING N- # 103 FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 i PANEL: 0116 R ' DATE: 07/17/1078 I DRAINAGE UTILITY EAS I / Pr R (� 4 y MERRIMANS LANE W 42 $— --.���-� 1NOTTESREPOR��RURN ED. eT � SEC R� 621 SURVEYOR'S CERTIFICATE 2. PROPERTY IDENTIFICATION NO. 53C-1-4--44, 1 HEREBY CERTIFY THAT THE INFORMATION SHOWN ON 3. EASEMENTS OTHER THAN SHOWN MAY EXIST. THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE 4. THIS LOT IS SUBJECT TO A 20' SLOPE do DRAINAGE UNDER MY SUPERVISION ON FEBRUARY 16, 2004 AND EASEMENT ALONG HOMER OR & MERRIMANS LN AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS PROPERTY LINES. SHOWN. 5. NO DRIVEWAY INSTALLED AT TIME OF SURVEY. HOUSE LOCATION SURVEY LOT 44 MERRIMAN' S CHASE SECTION 4 INSTRUMENT # 030007014 jiU SHAWNEE MAGISTERIAL DISTRICT' t1 u y FREDERICK COUNTY, VIRGINIA I .0 0' 30' 60' 90' Bowman C O N S U L T I N G Bowman Consulting Group. Ltd. Phone: (540) 722-23 124 East Cork Street Fc- (S40) 722-5 Wlncheater, Virginia MISDi—ww■.bowmancoosulting.co les E. Walls, Jr No. 001945 tad SUIL0� ommunity Map Repository �A . Federal Emergency Management Agency Washington, D.C. 20472 Dear Community Official: Enclosed are copies of recent Letters of Map Amendment (LOMAs) and/or Letters of Map Revision based on Fill (LOMR-Fs) issued to amend or revise the National Flood Insurance Program (NFIP) map for your community. As you know, the map repository is a local resource for information regarding the risks of flooding in your community. A priority of the Federal Emergency Management Agency (FEMA) is to ensure that changes to the flood -risk information, such as those resulting from the issuance of a map amendment or map revision, are sent to the repository for the benefit of the public. Please note that NFIP regulations require that the local map repository attach the enclosed copy of the LOMA and/or LOMR-F to the appropriate NFIP map on file. We appreciate your cooperation in maintaining this valuable community resource. If you have any questions about any of the enclosures, or if the address of the repository for your community has changed, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877- FEMA MAP). Sincerely, Mary Jean Pajak, P.E., C.F.M., Acting Chief Hazard Study Branch Federal Insurance and Mitigation Administration Enclosures Federal emergency Managei.LYent Agency Washington, D.C. 20472 MR. JOHN R. RILEY, JR. COUNTY ADMINISTRATOR, FREDERICK COUNTY 107 NORTH KENT STREET WINCHESTER, VA 22601 RI5 ", ST IARt W& June 19, 2003 CASE NO.: 03-03-0674A COMMUNITY: FREDERICK COUNTY, VIRGINIA (UNINCORPORATED AREAS) COMMUNITY NO.: 510063 This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Revision based on Fill (LOMR-F) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Sincerely, Ma WJean Paja CFM Actin Chief ry g Hazard Study Branch Federal Insurance and Mitigation Administration LIST OF ENCLOSURES: LOMR-F-OAS DETERMINATION DOCUMENT (OUT AS SHOWN) LOMR-F DETERMINATION DOCUMENT (REMOVAL) cc: State/Commonwealth NFIP Coordinator Community Map Repository Region Mr. Claus Bader Pagel of 9 Date: June 19, 2003 Case f 3-03-0674A LOMR-F-OAS Federal Emergency Management Agency Washington, D.C. 20472 0 0 LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (OUT AS SHOWN) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION FREDERICK COUNTY, VIRGINIA Lots 1 through 8, Section 1, and Lots 9 through 20, Section 2, Merriman's COMMUNITY (Unincorporated Areas) Chase, as shown on the Final Plat, recorded in Book 973, Pages 997 through 1010, filed on August 17, 2000, in the Office of the Clerk of the Circuit Court, COMMUNITY NO.: 510063 Frederick County, Virginia NUMBER: 5100630115B AFFECTED NAME: FREDERICK COUNTY, MAP PANEL VIRGINIA (UNINCORPORATED AREAS) DATE: 07/17/1978 FLOODING SOURCE: ABRAMS CREEK APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.181, -78202 SOURCE OF LAT & LONG: PRECISION MAPPING STREETS 4.0 DATUM: NAD 83 DETERMINATION OUTCOME 1% ANNUAL LOWEST LOWEST BLOCK/ WHAT IS CHANCE ADJACENT LOT LOT SECTION SUBDIVISION STREET OTHEIDEOF FLOOD FLOO RADDE ELEVATION SFHA(NGVD ZONE ELEVA ION E (NGVD 29) 29) (NGVD 29) 8 1 Merriman's Chase Merriman's Lane Property C Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) ZONE A This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that based on existing natural ground elevations prior to the placement of fill the property(ies) would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), even though the property(ies) is/are shown outside the SFHA on the effective NFIP map. We have further determined that, as a result of fill placement on the property, the property(ies) would not be inundated by the base flood and is/are correctly shown outside the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. If the policy has been written using an incorrect zone, it can be endorsed to correct the zone for the current policy year and one prior policy term. Please contact the insurance agent or company involved to request endorsement of the policy. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. P. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Mary Jean P-.. CFM, Acting Chief jak; Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 2 of 9 1 JDate: June 19, 2003 ICase V 3-03-0674A I LOMR-F-OAS aaN � Federal Emergency Management Agency Washington, D.C. 20472 �' 0 O LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (OUT AS SHOWN) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) OZONE A (This Additional Consideration applies to the preceding 1 Property.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Ma�Jeanjak_l, CFM, Acting Chief Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 Page 3 of 9 Date: June 19, 2003 ICase 13-03-0674A LOMR-F aa Federal Emergency Management Agency ,a a `a Washington, D.C. 20472 o a LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION FREDERICK COUNTY, VIRGINIA Lots 1 through 8, Section 1, and Lots 9 through 20, Section 2, Merriman's COMMUNITY (Unincorporated Areas) Chase, as shown on the Final Plat, recorded in Book 973, Pages 997 through 1010, filed on August 17, 2000, in the Office of the Clerk of the Circuit Court, COMMUNITY NO.: 510063 Frederick County, Virginia NUMBER: 5100630115B AFFECTED NAME: FREDERICK COUNTY, MAP PANEL VIRGINIA (UNINCORPORATED AREAS) DATE: 0711711978 FLOODING SOURCE: ABRAMS CREEK APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.181,-78.202 SOURCE OF LAT & LONG: PRECISION MAPPING STREETS 4.0 DATUM: NAD 83 DETERMINATION OUTCOME 1% ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT LOT BLOCK/ SECTION SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE ELEVATION FROM THE ZONE ELEVATION ELEVATION (NGVD29) SFHA (NGVD 29) (NGVD 29) 3 1 Merriman's Chase 101 O'Keefe Drive Property C 783.0 feet 788.5 feet 784.0 feet Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) DETERMINATION TABLE (CONTINUED) ZONE A This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Mary Jean Acting Chief jak,�.,CFM, Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 Page 4 of 9 Date: June 19, 2003 JCase N 3-03-0674A LOMR-F ti W� Federal Emergency Management Agency a 4O Washington, D.C. 20472 O LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) DETERMINATION TABLE (CONTINUED) OUTCOME 1% ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT LOT BLOCK/ SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE ELEVATION SECTION FROM THE ZONE ELEVATION ELEVATION (NGVD 29) SFHA (NGVD 29) (NGVD 29) 4 1 Merriman's Chase Merriman's Lane Property C 783.0 feet 788.0 feet 784.0 feet 5 1 Merriman's Chase Merriman's Lane Property C 783.0 feet 788.9 feet 784.0 feet 6 1 Merriman's Chase Merriman's Lane Property C 783.0 feet 791.0 feet 786.0 feet 7 1 Merriman's Chase Merriman's Lane Property C 783.0 feet 791.1 feet 787.0 feet 9 2 Merriman's Chase 103 O'Keefe Drive Property C 783.0 feet 791.9 feet 786.5 feet 10 2 Merriman's Chase 105 O'Keefe Drive Property C 783.0 feet 792.4 feet 788.0 feet 11 2 Merriman's Chase 107 O'Keefe Drive Property C 783.0 feet 792.1 feet 789.0 feet ZONE A (This Additional Consideration applies to the preceding 8 Properties.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. [This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Ma�Jeanjalk� �.CFM, Acting Chief Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 Page 5 of 9 Date: June 19, 2003 Case . )3-03-0674A LOMR-F-OAS y Federal Emergency Management Agency Washington, D.C. 20472 0 0 LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (OUT AS SHOWN) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION FREDERICK COUNTY, VIRGINIA Lots 1 through 8, Section 1, and Lots 9 through 20, Section 2, Merriman's COMMUNITY (Unincorporated Areas) Chase, as shown on the Final Plat, recorded in Book 973, Pages 997 through 1010, filed on August 17, 2000, in the Office of the Clerk of the Circuit Court, COMMUNITY NO.: 510063 Frederick County, Virginia NUMBER: 5100630115E AFFECTED NAME: FREDERICK COUNTY, MAP PANEL VIRGINIA (UNINCORPORATED AREAS) DATE: 07/17/1978 FLOODING SOURCE: ABRAMS CREEK APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.181, -78202 SOURCE OF LAT & LONG: PRECISION MAPPING STREETS 4.0 DATUM: NAD 83 DETERMINATION OUTCOME 1% ANNUAL LOWEST LOWEST BLOCK/ WHAT IS CHANCE ADJACENT LOT LOT SECTION SUBDIVISION STREET O TSIDE FLOOD FLOOD RADE ELEVATION SFHA ZONE ELEVATION ON E (NGVD 29) (NGVD 29) (NGVD 29) 20 2 Merriman's Chase 118 O'Keefe Drive Structure C 785.0 feet 792.5 feet 783.0 feet Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA ZONE A This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that based on existing natural ground elevations prior to the placement of fill the structure(s) on the property(ies) would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), even though the structure(s) on the property(ies) is/are shown outside the SFHA on the effective NFIP map. We have further determined that, as a result of fill placement on the property, the structure(s) on the property(ies) would not be inundated by the base flood and is/are correctly shown outside the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. If the policy has been written using an incorrect zone, it can be endorsed to correct the zone for the current policy year and one prior policy term. Please contact the insurance agent or company involved to request endorsement of the policy. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. 0. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Mary Jean �.,CFM, Acting Chief jak, Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 6 of 9 1 IDate: June 19, 2003 JCase F 3-03-0674A I LOMR-F-OAS A a4 O Federal Emergency Management Agency Washington, D.C. 20472 O O LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (OUT AS SHOWN) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. OZONE A (This Additional Consideration applies to the preceding 1 Property.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Mary Jean jak; PEE., CFM, Acting Chief Hazard Study Branch Federal Insurance and Mitigation Administration Version 1.3.4 MX 173014003V3097LOMAV3097S P F3 Page 7 of 9 Date: June 19, 2003 Case 13-03-0674A LOMR-F Federal Emergency Management Agency ' Washington, D.C. 20472 0 0 LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION FREDERICK COUNTY, VIRGINIA Lots 1 through 8, Section 1, and Lots 9 through 20, Section 2, Merriman's COMMUNITY (Unincorporated Areas) Chase, as shown on the Final Plat, recorded in Book 973, Pages 997 through 1010, filed on August 17, 2000, in the Office of the Clerk of the Circuit Court, COMMUNITY NO.: 610063 Frederick County, Virginia NUMBER: 5100630115E AFFECTED NAME: FREDERICK COUNTY, MAP PANEL VIRGINIA (UNINCORPORATED AREAS) DATE: 07/17/1978 FLOODING SOURCE: ABRAMS CREEK APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.181, -78202 SOURCE OF LAT & LONG: PRECISION MAPPING STREETS 4.0 DATUM: NAD 83 DETERMINATION OUTCOME 1% ANNUAL LOWEST LOWEST BLOCK/ WHAT IS CHANCE ADJACENT LOT LOT SECTION SUBDIVISION STREET REMOVED FLOOD FLOOD E ELEVATION ROM THE ZONE ELEVATION ELEVATION (NGVD 29) SFHA (NGVD 29) (NGVD 29) 1 1 Merriman's Chase Merriman's Lane Structure C 7 83. 0 feet 784.1 feet 780.0 feet Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) DETERMINATION TABLE (CONTINUED) PORTIONS REMAIN IN THE SFHA ZONE A This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Mary Jean jak, . ., CFM, Acting Chief Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 Page 8 of 9 Date: June 19, 2003 Case' 13-03-0674A ILOMR-F Federal Emergency Management Agency Washington, D.C. 20472 'D O LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) DETERMINATION TABLE (CONTINUED) OUTCOME 1% ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT LOT BLOCK/ SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE ELEVATION SECTION FROM THE ZONE ELEVATION ELEVATION (NGVD 29) SFHA (NGVD 29) (NGVD 29) 2 1 Merriman's Chase 100 O'Keefe Drive Structure C 783.0 feet 788.0 feet 782.0 feet 12 2 Merdman's Chase 102 O'Keefe Drive Structure C 783.0 feet 787.0 feet 779.4 feet 13 2 Merriman's Chase 104 O'Keefe Drive Structure C 783.0 feet 784.0 feet 779.5 feet 14 2 Merriman's Chase 106 O'Keefe Drive Structure C 783.0 feet 786.0 feet 779.7 feet 15 2 Merriman's Chase 108 O'Keefe Drive Structure C 783.0 feet 7 84. 0 feet 779.8 feet 16 2 Merriman's Chase 110 O'Keefe Drive Structure C 783.5 feet 787.0 feet 780.0 feet 17 2 Merriman's Chase 112 O'Keefe Drive Structure C 783.5 feet 786.0 feet 780.0 feet 18 2 Merriman's Chase 114 O'Keefe Drive Structure C 784.0 feet 784.5 feet 780.0 feet 19 2 Merriman's Chase 116 O'Keefe Drive Structure C 785.0 feet 786.0 feet 781.1 feet PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 10 Properties.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. ZONE A (This Additional Consideration applies to the preceding 10 Properties.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Ma�Jeanjak, Acting Chief Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 Page 9 of 9 1 1Date: June 19, 2003 ICase P )3-03-0674A I LOMR-F CY b1A/yg ww4 Federal Emergency Management Agency a, Washington, D.C. 20472 t LETTER OF MAP REVISION BASED ON FILL DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, P.O. Box 2210, Merrifield, VA 22116-2210. Additional information about the NFIP is available on our web site at http://www.fema.gov/nfip/. Mary Jean jak; P'E., CFM, Acting Chief Hazard Study Branch Version 1.3.4 Federal Insurance and Mitigation Administration MX173014003V3097LOMAV3097SPF3 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 20, 2003 Marsh & Legge Land Surveyors, P.L.C. c/o Mr. P. Duane Brown 560 North Loudoun Street Winchester, VA 22601 RE: Merriman's Chase Sections 3 and 4 - Final Plats Dear Duane: This letter is to confirm that the final plats for Merriman's Chase, Sections 3 and 4, were administratively approved today, March 20, 2003. The approval of Sections 3 and 4 of this subdivision allows for the development of twenty-four (24) single-family detached urban residential lots with a minimum lot size of 12,000 square feet. Frederick County currently holds a bond in the amount of $21,029.38 for the completion of the improvements associated with this subdivision. Please return a copy of the recorded plats and deed of dedication to this office. Please feel free to call if you have any questions regarding the approval of this subdivision. Sincerely, /W- ljct4, Patrick T. Davenport Zoning and Subdivision Administrator PTD/kac cc: Jane Anderson, Real Estate W. Harrington Smith, Jr., Shawnee District Supervisor William C. Rosenberry, Shawnee District PC Member Robert A. Morris, Shawnee District PC Member Shiho, Inc. also /f IMaecus Lewtasters, GI S (JAPatrick\Common\S_U RevicwsWerrimans Chase 3 and 4 final plats_apprv.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality May 12, 1999 Board of Directors: Mr. Mike Ruddy President: Frederick Co. Dept. of Planning Thomas J. O'Toole, P.E. Vice Presidents: 107 N. Kent Street Charles E. Maddox, Jr., P.E. Winchester, VA 22601 Earl R Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. RE: Merrimans Chase Subdivision Construction Drawings and Final Plats. Directors: P. Duane Brown, L.S. William L. Wright Dear Mike: Michael A. Hamner Thomas W. Price In accord with Eric Lawrence's March 9, 1999 letter and subsequent follow-up discussions with Eric we have revised the subdivision construction plans and final plats. On Monday, May 10, 1999 we delivered to your attention revised plans and on Wednesday May 12, 1999 revised plats were delivered. Your attention to these is greatly appreciated since construction is under way. In response to the review comments we offer the following: Subdivision Design Plan Comments 1. Lot numbering modified. 2. Curb extended at angle to the right-of-way as per discussion with Eric. 3. Sidewalk extension not required as per Eric. 4. Road efficiency berms shown. Final Plat Comments 1. Consumer notification added. 2. Flood plain notification added. 3. Proffer statement added. Additionally, the review fee of $3,610.00 was paid. Sincerely, & associates, inc. Cc: YrDave Holliday P. Duane Brown, LS 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliffgmnsinc.com Member American Consulting Engineers Council ��17 ffl '��' March 9, 1999 Stephen Gyurisin G.W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Willow Branch Subdivision Design Plan/Final Plat uzc3 39eveloFzhenY FAX: 540/ 66g-56g1 67$'0682 RECEIVED APR 2 6 1999 3 Sib DEPT, OF PLANNINGIDEVELOPMENT Lift Uv Dear Steve:,. I have had an opportunity to review the above referenced subdivision, the design plan submitted on October 23, 1998, and the final plats submitted February 24, 1999. The following items should be addressed on the design plan and the final plat:104 iaif.O�d; � 31 60% P I F Subdivision Design Plan Comments V3$ Cq /o ✓1) Modify the design plan to reflect the lot numbering sequence utilized on the final plat. 2) Extend the sidewalk along Merriman's Lane to the railroad right-of-way 3) Extend the sidewalk along Merriman's Lane to the property's southern boundary line. 4) the details of the proposed road efficiency buffer, in particular show the location of the lanting and the earth rm._. The road efficiency buffer requirements will need to be 1 o t- 3q re ocated (place closer to the residences rather than the road) from the typical location txlrwd directly adjacent to the primary road because of the drainage easement. ba4-PA (l,�,t.� � ! o'I-S �t•s— tf'� �'an..o-t (� oCt.vele�p � Final Plat comments 1) Provide the Consumer Notification statement, as proffered during the rezoning, addressing the future possibility for a Route 37 and 7ubal Early Drive interchange. Also, provide statement addressing the limits of construction allowed within flood plain areas. 2) Provide statement concerning the proffered monetary contributions that will be provided to the County at time of building permit issuance. This proffered amount is $3,910.03 per lot. c 107 North Kent Street . Winchester, Virginia 22601-5000 I a0bert ,r_ eaff m &. -- _ March 9, 1999 Page 2 Please address these comments prior to submitting the design plan and the final plat to this office for approval. I will require an original copy of both the approved design plan and the approved final plat for my files. I will also need to receive the subdivision review fee, all review agency approval sheets, and the necessary guarantee bonds, prior to the approval of the final plats. The review fee will be $3,610.00 [1,000.00 (base fee) + $900.00 ($90.00/ lot, for each of the first 10 lots) + $1,710.00 ($45.00/ lot, for each lot over 10)]. I am available to address your concerns. Sin ere: Eric'R. Zoning Administrator U:\Eric\Co=nonlSUBDMS\WillowBmnch.Rev.wpd RECEIVE® APR 9 6 1999 DEPT. OF PLMNiN( DEVELOHOENT lcoz) I - I *k <--' glibert W. d(fford de assoda�fea. Inc. Q ENGINFMR — , .,,, COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 March 9, 1999 Stephen Gyurisin G.W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Willow Branch Subdivision Design Plan/Final Plat Dear Steve: I have had an opportunity to review the above referenced subdivision, the design plan submitted on October 23, 1998, and the final plats submitted February 24, 1999. The following items should be addressed on the design plan and the final plat: Subdivision Design Plan Comments 1) Modify the design plan to reflect the lot numbering sequence utilized on the final plat. 2) Extend the sidewalk along Merriman's Lane to the railroad right-of-way. 3) Extend the sidewalk along Merriman's Lane to the property's southern boundary line. 4) Show the details of the proposed road efficiency buffer, in particular show the location of the plantings and the earth berm. The road efficiency buffer requirements will need to be relocated (placed closer to the residences rather than the road) from the typical location directly adjacent to the primary road because of the drainage easement. Final Plat comments 1) Provide the Consumer Notification statement, as proffered during the rezoning, addressing the future possibility for a Route 37 and Jubal Early Drive interchange. Also, provide statement addressing the limits of construction allowed within flood plain areas. 2) Provide statement concerning the proffered monetary contributions that will be provided to the County at time of building permit issuance. This proffered amount is $3,910.03 per lot. 107 North Kent Street - Winchester, Virginia 22601-5000 G.W. Clifford & Associates Gyurisin, Stephen March 9, 1999 Page 2 Please address these comments prior to submitting the design plan and the final plat to this office for approval. I will require an original copy of both the approved design plan and the approved final plat for my files. I will also need to receive the subdivision review fee, all review agency approval sheets, and the necessary guarantee bonds, prior to the approval of the final plats. The review fee will be $3,610.00 [1,000.00 (base fee) + $900.00 ($90.00/ lot, for each of the first 10 lots) + $1,710.00 ($45.00/ lot, for each lot over 10)]. I am available to address your concerns. Zoning Administrator U:\Eric\Common\SUBDIVIS\WillowBranch.Rev.wpd gilbert w clifford & associates, inc. 200 N. Cameron Street Winchester, Virginia 22601 540-667--2139 Fax.540-665-0493 e-mail. gwclif�jnnsinc com To: Frederick Co. Dept. of 107 N. Kent Street VA 22601 We are sending you x0 Hand Delivered 0 Shop Drawings 0 Copy of Letter ❑ Attached ❑ Change Order Prints x0 Plats LETTER OF TRANSMITTAL Present Date Job No. 5-12-99 Attention: Mike Rudd Re: Merriman Chase Under Separate via ❑ Samples ❑ Plans Copies Date Description 1 Plats for Approval ED Are Transmitted x0 For Approval 0 For Your Use 0 As Requested For Review or Comment For Bids Due Remarks Copy To: 0 Approved/Submitted 0 Approved/As Noted QRetum/Corrections the following items Specifications ❑ Other E] Resubmit for Approval 0 Submit for Distribution Returned Corrected Prints 0 Loan Print/Retuin E] Retum/with Signatures 19 RECEIVED MAY 12 1999 DEPT, OF PLANNINGIDEVELOPMENT Signed Steve Gyurisin Rev 3.0 3/10/97 gilbert w clifford & associates, inc. 200 N. Cameron Street Winchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail. gwclifjjnnsinc com To: Frederick Co. Dept. of Planning We are sending you x7 Hand Delivered 0 Shop Drawings 0 Copy of Letter ❑ Attached ❑ Change Order Prints Plats LETTER OF TRANSMITTAL Present Date Job No. 5-10-99 Attention: Mike Rudd Re: Under Separate via Samples x❑ Plans Copies Date Description 2 Merrimans Chase Grading & Erosion Control Plan aAre Transmitted 0 For Approval For Your Use F7 As Requested 0 For Review or Comment 0 For Bids Due Approved/Submitted 0 Approved/As Noted Return/Corrections 19 the following items Specifications Other Resubmit for Approval F1 Submit for Distribution Returned Corrected Prints Loan Print/Return Return/with Signatures Remarks Copy To: Signed RECEIVED MAY 10 1999 DEPT, OF PLANNING/DEVELOPMENT Rev 3.0 3/10/97 w _ COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 RAY D. PETHTEL INTERIM COMMISSIONER Mr. Dave Holliday P. 0. Box 2715 Winchester, VA 22604 Ref: Merriman's Chase Route 621 Frederick County Dear Mr. Holliday: May 1, 2002 JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 As per your request for inclusion of the referenced development into the State Secondary Road System, a walkthrough inspection has been performed. Attached is a list of items which must be corrected prior to VDOT's acceptance of construction. Also attached is the listing of necessary information needed to process the addition of these new streets. Items 1, 2 & 3 must be submitted to this office so a legal description can be sent to the Frederick County Subdivision Administrator for preparation of the Board of Supervisors resolution. Once all items are corrected and all the needed information is received, an addition date may then be established and surety bond & maintenance fee amounts can be calculated. Keep in mind, all information with required fees must be received one month in advance of the proposed addition date. Should you have any questions, please call me at (540) 535-1828. Sincerely, MAY a Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. DAH/rf Attachments xc: Mr. Bob Hawkins WE KEEP VIRGINIA MOVING Mr. Patrick Davenport Merriman"s Chase Punch List Items As of May 1, 2002 Okeefe Drive • Replace settled sidewalk left of entrance at Lot #17 • Replace cracked sidewalk at Lot #15 and Lot #12 (two sections) Merriman's Lane • Drainage ditch needs to be defined from end of curb & gutter to drainage culverts • Replace cracked sidewalk at Lot #28 and Lot #8 (two sections) • Replace cracked curb & gutter at DI, Lot #4 Revised 08101194 �vuei INFORMATIONNEEDED PRIOR TO ACCEPTANCE OF S UBDI VISION S TREE TS INTO STATE SE CONDAR Y S YS TEM Subdivision streets may be considered eligible for acceptance into the State Secondary System when: Built according to plans approved by the Department of Transportation, properly maintained since completion and • Rendering a public service [serving three (3) occupied dwellings or three (3) businesses per street]. THE FOLLOWING WILL BE REQUIRED TO BE FURNISHED TO THE COUNTY PLANNING DEPARTMENT AT LEAST THIRTY (30) DAYS PRIOR TO ADOPTION OF THE RESOLUTION BY THE BOARD OF SUPERVISORS REQUESTING THE ADDITION: 1. Three (3) copies of as -built construction plans showing: ■ Roadway Geometrics ■ Drainage & Drainage Easements 2. Three (3) copies of the final plat with date & place of recordation, deed book number and page number. 3. Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule.) S. Maintenance Fee — check payable to the "Virginia Department of Transportation". This fee is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 30th). No maintenance fee is required if the addition is effective July 1st. (See reverse side for schedule) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE DEPARTMENT OF TRANSPORTATION BY THE 1ST OF THE PRECEDING MONTH. (30 DAYS) FEE & SURETY SCHED ULE for SUBDIVISION STREET ADDITIONS SURETY MAINTENANCE FEE 2-LANE STREET: Minimum (up to 0.25 mile) $ 3,750 $375 / year From 0.25 to 0.50 mile $ 7,500 $750 / year Over 0.50 mile $1,500 / tenth of mile $150 / tenth of mile & fraction thereof & fraction thereof 4-LANE STREET: Minimum (up to 0.25 mile) $ 7,500 $750 / year From 0.25 to 0.50 mile $15,000 $1,500 / year Over 0.50 mile $3,000 / tenth of mile $300 / tenth of mile & fraction thereof & fraction thereof EXAMPLES A two lane street, 0.35 mile long, is processed for addition effective September lst. Therefore surety is required for four -tenths mile and maintenance fee is required for ten months. Surety Required: $7,500 Maintenance Fee Required: $750 x 10/12 = $625 A four lane street, 0.78 mile long, is processed for addition effective February 1st. Therefore, surety is required for eight -tenths mile and maintenance fee is required for five months. Surety Required: 8 x $3,000 = $24,000 Maintenance Fee Required: 8 x $300 x 5/12 = $1,000 l®I�YLiL®1�V0 EL�LTH®f VIRC�Il\IL3 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER October 4, 2001 Mr. Dan Chaplin, Asst. Permit Coordinator C/O Washington Homes 4090-A Lafayette Center Drive Chantilly, VA 20151 Ref: Merriman's Chase — O'Keefe Drive & Merriman"s Lane Frederick County Dear Mr. Chaplin: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 As requested, attached please find the signed, VDOT approved, letter to this office dated September 24, 2001 regarding private entrances for the referenced development. If we can be of further assistance, do not hesitate to call. Sincerely, Steven A. Melnikoff Transportation Engineer /rf Attachment xc: Mr. Dave Heironimus Frederick County Planning Department WE KEEP VIRGINIA MOVING 4090-A LAFAYETTE CENTER DRIVE CHANTILLY 0 VIRGINIA 20151 703.631.0834 FAX 703.631.4819 www.washingtonhomes.com September 24, 2001 Mr. Steven A. Melnikoff Transportation Engineer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 RE: Merriman's Chase Frederick County, Virginia Dear Mr. Melnikoff: Please allow this letter to serve as blanket approval for all private entrances initially installed in this subdivision. This approval shall not apply to any reinstalled entrances. The street names for this subdivision are O'Keefe Drive and Merriman's Lane.The lots for this approval are Section 2, Lots-1 , 2 , 3 , 4 , 9 , 10, 11 , 12 , 13 , 14 ,15,16,17,18,19,20,21,22,23,and24. We want to thank you for this common sense approach to local government and for taking the lead with Frederick County's Inspection Department to make this broader approval possible. I am sure the contractor community will say thanks. Sincerely, WASHINGTON HOMES 1030� VDOT APPROVAL DATE DAN CHAPL Asst. Permit Coordinator for Mary Chryst (Permit Coordinator) CC: Mr. Dave Heironimus Mr. Denny Lee Mr. Kris Tierney Mr. Ed Strawsnyder Mr. John Trinay RECEIVED OCT 0 4 2001 "PT. OF PLANNING/DEVELOPMENT DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 October 8, 2002 Mr. Dave Holliday P. O. Box 2715 Winchester, VA 22604 Ref.: Merriman's Chase Subdivision Phase 1, O'keefe Drive Route 621, Merriman's Lane Frederick County Dear Dave: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 All the required. repairs have been made and VDOT now accepts construction of O'keefe Lane. Attached is a copy of Information Needed Prior to Acceptance of Subdivision Streets into the State Secondary Road System. Items 1., 2, and 3 are needed at this time. Once this information is on file in our office, we can then supply the Frederick County Subdivision Administrator the legal description so the Board of Supervisors' resolution may be prepared.. At that time, we can also establish an actual addition date along with the maintenance fee amount and one year surety dates. Please call me at 540-535-1.828 if you have any questions. Sincerely, ,a,t a X� Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. Attachment xc: Mr. Eric Lawrence Mr. Mike Hammer V-A!L.-C DEPT. QP PLANNINGIDEVELOPMENT VirginiaDOT.org WE KEEP VIRGINIA MOVING F I L 4 P Y COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 October 16, 2000 G. W. Clifford and Associates, Inc. Attn: Ron Mislowsky, Jr., P.E. 200 North Cameron Street Winchester, VA 22601 RE: Approval of Subdivision Design'Plan and Subdivision Plats for Merriman's Chase Dear Ron: Frederick County administratively approved Subdivision Design Plan # 13-99 for the development of 48 single-family detached urban residential lots on August 17, 1999. On August 11, 2000, Frederick County administratively approved subdivision plats for Section One and. Section Two of Merriman's Chase, totaling 24 lots. Please ensure that a recorded copy of the subdivision plats and deed of dedication for Section One and Section Two are returned to our department. Please do not hesitate to contact me if you have any questions regarding the information in this letter. Sincerely, I Evan A. Wyatt, A P Deputy Director cc: Jane Anderson, Frederick County Real Estate Albert Orndorff, Frederick County Public Schools Dave Holliday, Shiho, Inc. U:\Evan\Common\Plan Reviews\MerrimansChaseSubdivisionDesignPlan&SubdivisionPlatsForSectionOne&TwoApprovalLetter.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 May 27, 1999 Mr. Steve Gyurisin Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 RE: Subdivision #013-99 - Merriman's Chase Dear Steve: I have had the opportunity to review the above referenced Subdivision Plan and the final plats that were resubmitted to this office on May 10, 1999. The following comments should be addressed accordingly prior to re -submission and final approval. Subdivision Plan: 1) Please show the location of the required plantings on the subdivision plan. In addition, extend the earthen berm to ensure that the full screen requirement is accomplished to the rear of Lots 22 and 39. 2) Please show the provision of the required street lighting on the utility sheet of the subdivision plan. 3) Please provide the statement noted in Final Plats comment 91 regarding the proffer statement. Final Plats: 1) In accordance with the proffer statement associated with this subdivision, final plat approval and recordation of lots 39 - 48 shall not occur until 50 percent of the lots remaining have been built on or building permits have been issued. Therefore, as there are 38 remaining lots, building permits for a total of 19 lots must have been issued prior to the approval and recordation of the section containing lots 39 - 48. A statement to this effect must be included on the subdivision plan. Further, the lots contained within the sections shown on the final plats should be adjusted to separate the above mentioned lots. This would allow you to develop the lots contained in Section 4 that are not bound by the proffer statement. Alternately, you may wish to tie the approval of Section 4, as it is currently configured, to your proffer. 107 North Kent Street - Winchester, Virginia 22601-5000 Merriman's Chase Subdivision Review Page 2 May 27, 1999 Please address the above comments prior to submitting the subdivision design plan and final plats for approval. Prior to approval of the subdivision design plan, I will need all approved review agency comment sheets. Prior to approval of the final plats, I will need the necessary signatures, the necessary guarantee bonds sufficient to cover all improvements, and information pertaining to the establishment of an HOA. Please contact me if you have any questions regarding this review. Sincerely, Michael T. Ruddy Zoning Administrator MTR/cc U:\Mike%Common\SUBDI V IS\PlanReview\menichUc.wpd APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: 10/22/98 Application # 1 3 - q9 Fee Paid Applicant/Agent: Gilbert W. Clifford & Associates, Inc. Address: 200 N. Cameron Street Winchester, Virginia 22601 Stephen M. Gyurisin Phone: 540-667-2139 Owners Name: Shiho Inc. Address: P.O. Box 3276 Winchester VA 22604 Phone: 540-667-2120 Please list names of all owners, principals and/or majority shockholders: Dave Holliday Ron Shickle Contact Person: Stephen M. Gyurisin Phone: Name o Number of Lots: 48 Total Acreage: 26.895 Property Location: West side of Rt. 621, Merrimans Lane along Rt. 37 at Abrams Creek and Winchester & Western Railroad (Give State Rt.#, name, distance and direction from intersection) Magisterial District: Property Identification Number (PIN): M Property zoning and present use: RP Zoning Vacant Use Adjoining property zoning and use: RA and RP Zoning Residential, Agricultural and Vacant Use Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes No X What was the MDP title? Willow Branch Does the plat contain any changes from the approved MDP? Yes If yes, specify what changes: No X Minimum Lot Size (smallest lot): 12,000 SF Number and types of housing units in this development: Number: 48 Types: Single Family SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: x title "Subdivision Design Plan for " Willow Branch " with a notation of all previous names of the subdivision. x original property identification number. x page number and total pages on each page. x name of the owner and/or subdivider x vicinity map (scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. x written and graphic scale. x day, month and year plan prepared and revised. x North arrow. x name of the Magisterial District where located. x zoning of all land to be subdivided. x boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. x topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. x names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. x proposed use of each lot, with the number of lots in each use category. x area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 X location and area of each parcel of common open space and the total area of common open space. X location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. X existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. X existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. X stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. x proposed grading plan including spot elevations and flow arrows. x cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. X locations, dimensions and cross sections of existing and proposed sidewalks and walkways. X location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. X names of all streams and bodies of water, including all one -hundred -year flood limits as mapped by FEMA. X location of all land to be dedicated or reserved for public use. X location of required setback lines on each lot. N/A location of proposed recreational areas and facilities. X location of proposed buffers and screening with design details, locations and types of plants and screening. X proposed landscaping with location and types of plants. X certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 PLAT signature of the owner or principals certifying ownership of the property. MDP statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. x signature line for the Subdivision Administrator. 12 REQUEST FOR SUBDIVISION COMMENTS Frederick County Department of Planning Attn: Planning Director 107 North Kent Street Winchester, Virginia 22601 (540) 665-6352 The Frederick County Planning Department is located on the fourth floor of the Frederick County Administration Building, 107 North Kent Street, Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. C/O Stephen M. Gyurisin 200 N. Cameron St., Winchester VA 22601 Name of development and/or description of the request: Willow Branch Location: West side of Route 621, Merrimans Lane along Route 37 at Abrams Creek and Winchester & Western Railroad County Planning Comments: PIanning Director Signature and Date: (NOTICE TO DIRECTOR — PLEASE RETURN THIS FORM TO APPLICANT) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 March 9, 1999 Stephen Gyurisin G.W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Willow Branch Subdivision Design Plan/Final Plat Dear Steve: RECEIVED APR 2. 6 1999 DEPT. OF PLANNINGIDEVELOPMENT I have had an opportunity to review the above referenced subdivision, the design plan submitted on October 23, 1998, and the final plats submitted February 24, 1999. The following items should be addressed on the design plan and the final plat: Subdivision Design Plan Comments 1) Modify the design plan to reflect the lot numbering sequence utilized on the final plat. 2) Extend the sidewalk along Merriman's Lane to the railroad right-of-way. 3) Extend the sidewalk along Merriman's Lane to the property's southern boundary line. 4) Show the details of the proposed road efficiency buffer, in particular show the location of the plantings and the earth berm. The road efficiency buffer requirements will need to be relocated (placed closer to the residences rather than the road) from the typical location directly adjacent to the primary road because of the drainage easement. Final Plat comments 1) Provide the Consumer Notification statement, as proffered during the rezoning, addressing the future possibility for a Route 37 and Jubal Early Drive interchange. Also, provide statement addressing the limits of construction allowed within flood plain areas. 2) Provide statement concerning the proffered monetary contributions that will be provided to the County at time of building permit issuance. This proffered amount is $3,910.03 per lot. 107 North Kent Street • Winchester, Virginia 22601-5000 G.W. Clifford & Associates Gyurisin, Stephen March 9, 1999 Page 2 Please address these comments prior to submitting the design plan and the final plat to this office for approval. I will require an original copy of both the approved design plan and the approved final plat for my files. I will also need to receive the subdivision review fee, all review agency approval sheets, and the necessary guarantee bonds, prior to the approval of the final plats. The review fee will be $3,610.00 [1,000.00 (base fee) + $900.00 ($90.00/ lot, for each of the first 10 lots) + $1,710.00 ($45.00/ lot, for each lot over 10)]. I am available to address your concerns. Sin (erel Eric Zoning Administrator U:\Eric\Common\SUBDNIS\WillowBranch.Rev.wpd RECEIVE® APR � 6 1999 D PT OF PLMNINUEVELOPMENT COUNTY of FREDERICK Department of Public Works January 15, 1999 Mr. Jason J. Thomas Gilbert W. Clifford and Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 Re: Subdivision Comments - Merriman's Chase Frederick County, Virginia Dear Jason: 540/665-5643 FAX: 540/ 678-0682 Upon review of the revised subdivision plan dated January 11, 1999, we offer the following comments: The revised plan includes the proposed channel improvements upstream of the proposed quad culverts under Route 621 and the improvements between lots 45- 48. Place a note on the plan indicating that the installation of the culverts under Route 621 and the upstream channel improvements shall be performed as a first step in the site grading process as stated in our previous comments dated December 11, 1998. Also, indicate that channel section "D" shall be graded up to the outfall of channel section. "C". 2. The lot numbering scheme within the subdivision has been modified from the last submittal. The following lots shall be added to the list to have individual site plans submitted prior to issuance of a building permit: Lots 21, 22, 31, 32, and 36 - 38. Once these comments are addressed, submit two (2) copies of the subdivision plan for further review. If you have any questions, do not hesitate to contact me. Sinc rely, oe C. Wilder Engineering Technician Public Works cc: Eric Lawrence, Frederick County Zoning Administrator file 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 December 11, 1998 Mr. Ronald A. Mislowsky, P.E. Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Merriman's Chase- Subdivisions Comments Frederick County, Virginia Dear Ron: Upon review of the subject subdivision plan, we offer the following comments: 1. In your letter dated December 10, 1998, you indicated that the Virginia Department of Transportation (VDOT) has agreed to provide culverts for the developer's use in upgrading the Merrimans Lane road crossing. In the drainage study dated November 19, 1998, you indicated that a two-year design storm will produce 113.68 CFS of stormwater run-off at this crossing. It appears that four (4) RCEP culverts of similar size to the existing 34 inch x 24 inch CMPA culverts will almost pass the two-year storm. Therefore, as long as the road crossing upgrade is approved by VDOT, Frederick County will be satisfied. 2. Frederick County will require that a storm channel be constructed from the outlet of culvert 11 to the inlet of the proposed culverts. It will be necessary to design this channel to pass a two-year design storm within its bank as well as prevent erosion within the channel section. The initial phase of this project shall consist of construction of this channel in conjunction with the installation of the culverts under Merrimans Lane. We also recommend constructing downstream channel improvements below the culverts to carry the flow to an adequate channel. Provide cross -sections and typical details for all channels. 3. Construction of a sediment basin is not practical. Therefore, it will be necessary to install several sediment traps to control on -site erosion run-off. Please note that the maximum allowable drainage area is three (3) acres per sediment trap. 4. It will be necessary to submit individual engineered site plans at the time of building permit application for the following lots: 1, 2,3, 7, 8, 10, 11, 12, 13, 27, 107 North Kent Street - Winchester, Virginia 22601-5000 I Merriman's Chase Page 2 December 11, 1998 28, 29, 30, 31, 32, 33, 34, 35 , 36 and 42. In addition, it will be necessary to have the floor elevation set above the 100-year flood plain for lots 1, 10, 11, and 27 through 35. 5. Place a note on the plan which indicates that the installation of a washrack will be required for the construction entrance. 6. Provide adequate channel calculations for the drainage ditch located between lots 10 and 11. Once these comments have been addressed, submit two (2) copies of the revised subdivision for our review. If you have any questions, do not hesitate to contact me. Sincerely, G oe C. Wilder Engineering Technician Department of Public Works JCW/rls cc: Steve Melnikoff, Virginia Department of Tr sportation Eric Lawrence, Zoning Administrator file COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 January 13, 1999 Mr. Jason Thomas C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Jason: JERRYA. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Willow Branch Merriman's Chase Route 621 (Merriman's Lane) Frederick County This is to acknowledge receipt of your revised plans dated January 11, 1999 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. WE KEEP VIRGINIA MOVING Mr. Jason Thomas Ref: Willow Branch January 13, 1999 Paae #2 • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the VDOT Standard RFD-1 (603.01). • Private entrances will be installed in accordance with Standard CG-913 as shown on the plan. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • 1 suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia for portions adjacent to existing right-of-way (Route 621, Merriman's Lane). • A copy of any/all plats of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way within interior streets required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. By copy of this letter to Mr. Bill Stover, VDOT Area Superintendent at our Stephens City Headquarters, I am requesting delivery of the following pipe culvert to the project site at Route 621 (Merriman's Lane) crossing the Winchester Western (CSX) Railroad: Elliptical Pipe RCP Span 38" x Rise 24" (20) Twenty 8' Joint 160' Total Please provide VDOT adequate notice to order and place the culvert at the site for your installation. Should you need additional information, do not hesitate to call. Sincer y, Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJ S/rf Attachments xc: Mr. Dave Heironimus Mr. Bill Stover Mr. Kris Tierney Ms. Kim Holliday, Chairperson — Fred. Co. Utility Coord. Committee REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Bog 278 Edinburg, Virginia 22824-0278 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce Street in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. C/O Stephen M. Gyurisin 200 N. Cameron St., Winchester VA 22601 Name of development and/or description of the request: Willow Branch Location: West side of Route 621, Merrimans Lane along Route 37 at Abrams Creek and Winchester & Western Railroad Virginia Department of Transportation Comments: No objection to the subdivision of this property. Before development, this office will require a complete set of construction plans for review. Entrances e egress and ingress of the vreper by. See attached letter from VDOT to Mr. Jason Thomas dated 01/13/99. VDOT Signature and Date: _�1/, (NOTICE TO RESIDENT ENGINEER: PLEASE Transportation Engineer 01/13/9c THIS FORM TO APPLICANT) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 2282"278 November 12, 1998 Mr. Ronald A. Mislowsky, Jr., P.E., V.P. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: r >� JERRY A. COPP RESIDENT ENGINEER 984-5600 FAX (540) 9845807 Ref: Willow Branch Subdivision Route 621 (Merrimans Lane) Frederick County A VDOT review has been completed on the preliminary plan dated October 23, 1998 for the referenced project. Comments follow and are shown in red on the plan sheets: Plan Sheet 1 of 1 (Hague — Merrimans Lane) dated 07/29/97: 1. The proposed Jubal Early Drive intersection and interchange as depicted on the plan sheet (copy attached) should be shown on the Willow Branch site plan unless it has been relocated. If relocation has taken place, then the new location should be shown to identify any potential impact on the site. Plan Sheet 3 of 7 2. Curve data should be shown or tabulated on plan sheet to include (shown clear of other plan information): ♦= D= T = L = R = P.C. Station P.I. Station P.T. Station 3. Sight distance should be provided at intersections as shown. 4. The TOP elevation on STR #4 Plan Sheet 6 is shown to be 786.50. This appears to be correct. Please correct on all sheets. 5. On Plan Sheet 6, STR #1 is identified as DI-3B? 4B should be used. 6. The curb & gutter should be extended to cover entire property with access provided for telephone service. WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsk, Ref: Willow Branch Subdivision November 12, 1998 Paqe #2 7. A detail sketch should be provided to show how substandard heights inside the D.I. is to be treated. 8. Recommend STR #12 be moved west enough to be located out of the radial curb. Sheet 4 of 7 9. The culverts at entrances to Lots 11, 12 and 13 should be R.C.P. and should have Special Design Concrete Slab End Treatment (Special Design Drawing #2045) instead of ES. Also a detail of the outlet ditch should be shown. 10. The erosion and sediment control narrative should address no adverse effect on existing VDOT structures. Sheet 7 of 7 11. The following VDOT detail sketches should be provided: CG-6, CG-7, CG-11, CG-12, DI-3B, DI-3C, DI-4B, DI-4C, ES-1 and IS-1. All/any miscellaneous notes shown in red on the plan sheets and on the subdivision checklist should be addressed. Any design changes should meet or exceed the standard. When all the above comments have been considered and shown as revisions to the plans, two sets of revised plans should be provided for VDOT review. Should you have any questions, please feel free to call. Since "ly, G� 1 V Barry J. Sweitzer Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Kris Tierney • AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on December 3. 1997 BOARD OF SUPERVISORS: AN ORDINANCE AMENDING THE ZONING DISTRICT MAP 9005-97 of C. L. Robinson C Merriman's Chase") WHEREAS, Rezoning Application #005-97 of C. L. Robinson, submitted by G. W. Clifford, Inc., requested the rezoning of 26.895 acres currently zoned RA (Rural Areas) to RP (Residential Performance). The property is located on the west side of Merriman's Lane (Route 621) at Winchester and Western Railroad crossing and east of Route 37, approximately 1,100' south of Breckenridge Lane identified with P.I.N. 53-A 88 in the Back Creek Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 3, 1997; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on January 14, 1998 and deferred action to February 11, 1998; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfaFe, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 26.895 acres currently zoned RA (Rural Areas) to RP (Residential Performance) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PD Res. 1003-98 0 This ordinance shall be in effect on the date of adoption. Passed this llth day of February, 1998 by the following recorded vote: James L. Longerbeam, Chairman Abstained Richard C. Shickle Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndof, , Sr. Ayo Robert M. Sager Nay A COPY ATTEST John R. ey, Jr. Frederick County Administrator aIAGEN0A==NE=BINS0N.REs PDRes AM = Rezoning Request Proffer Property Identification Number 53-((A))-88 C.L. Robinson Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seq., of the Code of Virginia,1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application # .29-97 for the Rezoning of 26.895 acres from RA Zoning District to RP Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 26.895 acre tract, lying on the west side of Merriman's Lane in Back Creek Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will submit a master development plan that will provide for a street layout connecting with State Route 621 (Merriman's Lane) as shown on the attached Addendum "A" - Preliminary Master Development Plan dated July 29, 1997. The undersigned voluntarily proffers that the rezoned property shall not be subdivided into more than fifty-four (54) single family detached houses and further that no apartments, duplexes or other multi -family buildings shall be constructed upon the 26.895 acre property. Phasing The undersigned voluntarily proffers that the final phase of development of the project is that phase identified on the attached Addendum "A" - Preliminary Master Development Plan dated July 29, 1997. Plats for the final phase as identified shall not be approved and recorded until fifty percent (50%) of the lots remaining have either been built upon or building permits have been issued. Consumer Notification The undersigned voluntarily proffers that the rezoned property, when subdivided into lots for sale, shall include a consumer notification attached to the subdivision plats. The consumer notification shall state that there is a Rezoning Request Proffer Page 2 possible project that would extend Jubal Early Drive and construct a possible interchange with Route 37. Monetary Contribution to Offset the Imu2act of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 26.895 acre property, lying on the west side of Marriman's Lane in the Back Creek Magisterial District of Frederick County, Virginia from RA Zoning District to RP Zoning District, the undersigned will pay to Frederick County, at the time a building permit is applied for, the sum of three thousand nine hundred ten dollars and three cents ($3,910.03) per approved lot ($3,299.91 for Schools and $591.08 for Parks and Recreation plus, $19.05 for Fire and Rescue). In essence, the total sum of three thousand nine hundred ten dollars and three cents ($3,910.03) will be paid to Frederick County at the time of building permit application for approval. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said zoning of 26.895 acres from RA Zoning District to RP Zoning District and accepts these conditions, the proffered conditions shall apply to the property rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, Property By: STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: Date: /- 7- 9 g The foregoing instrument was acknowledged before me this 7 day of My Commission expires: Notary Public Addendum "A" Wrrfinan's Chase Preliminary Master Development Plan ,lily 21), 1997 9) FINAL PHASE OF DEVELOPME, .42 l f� a, ' F42 fi— ................... I. I. fi- X-7-7, dr, .j t J ""ft -LOW Wool SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following infor ation: QQ title "Subdivision Design Plan for " II.IeW �J 1►IL4i with a notation or all Previous ng—n= nr the subaivision. °k original property identification number . -A-9' page number and total pages on each page. _ name of the owner and/or subdivider vicinity map (scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. _ written and graphic scale. day, month and year plan prepared and revised. North arrow. \0000, name of the Magisterial District where located. XZ- zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way It 01 showing bearings to the nearest minute and distances to 'PIMA- P%W the nearest one-hundreth (1 / 100 ) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. xnames of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. V proposed use of each lot, with the number of lots in each - / use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 location and area of each parcel of common nnem c `ace and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer and water lines, / manholes, fire hydrants and easements. v existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary / sewers and water mains. V locations, dimensions and cross sections of existing and proposed sidewalks and walkways. fXrWbTa 4OPCoo-i tsWE location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all T,O.W one -hundred -year flood limits as mapped by FEMA. W rO44 location of all land to be dedicated or reserved for • public use. v location of required setback lines on each lot. U— location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 gilbert w clifford & associates, inc. 200 N. Cameron Street Winchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail: gwclifjansinc.com To: Frederick Co. Dept. of 107 N. Kent St. Winchester, VA 22601 We are sending you x0 Hand Delivered 0 Shop Drawings Copy of Letter x ] Attached ❑ Change Order x❑ Prints Plats LETTER OF TRANSMITTAL Present Date Job No. 10-23-98 Attention: Eric Lawrence Re: Willow Branch 0 Under Separate via ❑ Samples x� Plans the following items ❑ Specifications 0 Other Copies hate Description 1 1 Plans / prints Willow Branch 1 Comment Sheet 1 Erosion & Control Sediment Narrative 1 Checklist x0 Are Transmitted 0 Approved/Submitted ❑ Resubmit for Approval 0 For Approval a Approved/As Noted 0 Submit for Distribution 0 For Your Use 0 Return/Corrections 0 Returned Corrected Prints 0 As Requested 0 Loan Print/Retum x� For Review or Comment F-1 Return/with Signatures For Bids Due 19'"fl`° Remarks X''. Ale,, V a9�2 Copy To: Dave Holliday Signed Stephen M. Gyurisin Rev 3.0 3/10/97 SUBDIVISION #13-99 MERRMAN'S CHASE *Pmov Back Greek