Loading...
HomeMy WebLinkAboutPembridge Heights, Phase II Shawnee District - Backfile (2)MCKEE AND BLTLEB ATTORNEYS AT T.AW 11 SOUTH CAMERON STREET P. 0. DRAWER 2097 WTNCHESTER,VTRGIXTA 22601-1297 PETER R.-MCIKEE (1934-7967) BExa.&mix M. BUTLER STEPH:zL L. BRYABIITLER September 4 , 19 91 t'IIcaAEL N Mr. Wayne Miller Frederick County Planning Dept. Post Office Box 601 Winchester, Virginia 22601 Re: Pembridge Heights, Phase II, Lot 33 Vacation of Temporary Turn -around Easement My File No. 6786-C Dear Wayne: AREA CODE 703 TELEPHONE 662-3486 FAX 703-722-3787 PLEASE REPLY TO: P. 0. DRAWER 2097 Please find enclosed a draft of a Vacation of Portion of Existing Temporary Turn -Around Easement, which I first prepared for the Virginia Department of Transportation's signature but which was sent back to me by Bob Childress. Please let me know if Frederick County can sign off on this release, and if so, please have it executed by Ken Stiles and returned to me for recordation. I will then provide you with a copy. Very truly yours, Mc E and BUTLER B JAMIN M. BUTLER BMB : f h Enclosure RECEIPT Ilk I Z_�743 AMOUNT DUE Wl. AMOUNT PAID s — ig -)�. EALANCE DUE $ PAID BY ❑ CASH ❑ CHECK F-1 OTHER FREDE-MCK CCUNTY DEPT. C;' PLANNING At i) DEVELOPMENT P. J. BOX 601 o 9 COURT SQUARE WINCHE3TEIR, VIRGINIA 2601 DATE '70 RECEIVED FROM .),Wd ADDRESS THE SUM OF DOLLARS $ J 3-0— d- FOR Kl DAY -TIMERS RE -ORDER No. 3221 Printed m USA BY BMB : fmc 1 6786-C 9-4-91 THIS VACATION OF A PORTION OF EXISTING TEMPORARY TURN -AROUND EASEMENT made and dated this 19th day of August, 1991, by and between the COUNTY OF FREDERICK, VIRGINIA, party of the first part, hereinafter called the Grantor, and JON HUKKALA, single, party of the second part, hereinafter called the Grantee. WHEREAS, by Deed of Subdivision and Dedication and Easement of Pembridge Heights, Phase II, dated December 20, 1989, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 737 at Page 710, et seq., the Virginia Department of Transportation was granted a certain temporary turn -around easement over Lot 33, Phase II, Pembridge Heights Subdivision, Frederick County, Virginia, and as more particularly shown on the Sheet 8 of 19 prepared by Paciulli, Simmons and Associates, Ltd., of record in the aforesaid Clerk's Office in Deed Book 737 at Page 720; and WHEREAS, the Grantee is the owner of Lot 33, Phase II, Pembridge Heights Subdivision, being the same property conveyed to Jon Hukkala by deed dated August 14, 1991, from Brix & Stix, a Virginia Partnership, of record in the aforesaid Clerk's Office in Deed Book 764 at Page 335; and WHEREAS, the Grantee has requested, and the party of the first part has agreed to, the vacation of a portion of said existing temporary turn -around easement which is shown by diagonal lines on the plat of survey drawn by Douglas C. Legge, C.L.S., dated July 10, 1991, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant, convey and quitclaim unto the Grantee, all of its right, title and interest in and to that portion of that certain temporary turn -around easement as shown by diagonal lines on the plat of survey drawn by Douglas C. Legge, C.L.S., dated July 10, 1991, attached hereto and by this reference made a part hereof as if set out in full. WITNESS the following signature and seal: COUNTY OF FREDERICK, VIRGINIA BY of the Bo (SEAL) XLZS, Chairman of Supervisors STATE OF VIRGINIA, COztlyry OFTO-WIT: I, AV, U)Ay,&1 , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that KENNETH Y. STILES, Chairman of the Board of Supervisors of the COUNTY OF FREDERICK, VIRGINIA, whose name is signed to the foregoing Vacation of a Portion of Existing Temporary Turn -Around Easement, dated the 19th day of August, 1991, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 6711 day of5A'jD!7-e* 1991. My commission expires NOTARY PUBLI Oa C 761.49' / o `o rn tp� N N LOT 34 r 11 I nT ZZ 1 LOT 31 LOT 32 CURVE TABLE O RAD DELTA ARC I TAN. I CHD. Jill HD. BRG. 222.27' 28'22'49" 110.10' 56.20' 108.97' N85' 1"W /'�//st-Ck_ Virginia Dept. of Transportation d e OF EXISTING JRN-AROUND ESM'T VACATED Z -n r LENGTH- 15' NOTES: This plat is a revision of the Final Plat showing Easements Pembridge Heights -Phase II, on sheet 8 of 19 Prepared by: Paciulli, Simmons & Assoc. LTD and recorded in Deed Book 737, Page 720 Frederick County, Virginia. _ PLAI QF HEVISIUN SHOWING. PORTION OF TEMPORARY TURN —AROUND EASEMENT TO BE VACATED ON LOT 33 PEMBRIDGE HEIGHTS —PHASE II SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" =30' DATE: JULY 10. 1991 fi►LTN pp'lv O� 1, DOUGLAS C. LEGGE CERTIFICATE NO. LAND BMB:fmcI 6786-C 9-4-91 • U B? ;-;-;% THIS VACATION OF A PORTION OF EXISTING TEMPORARY TURN -AROUND EASEMENT made and dated this 19th day of August, 1991, by and between the COUNTY OF FREDERICK, VIRGINIA, party of the first part, hereinafter called the Grantor, and JON HUKKALA, single, party of the second part, hereinafter called the Grantee. WHEREAS, by Deed of Subdivision and Dedication and Easement of Pembridge Heights, Phase II, dated December 20, 1989, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 737 at Page 710, et seq., the Virginia Department of Transportation was granted a certain temporary turn -around easement over Lot 33, Phase II, Pembridge Heights Subdivision, Frederick County, Virginia, and as more particularly shown on the Sheet 8 of 19 prepared by Paciulli, Simmons and Associates, Ltd., of record in the aforesaid Clerk's Office in Deed Book 737 at Page 720; and WHEREAS, the Grantee is the owner of Lot 33, Phase II, Pembridge Heights Subdivision, being the same property conveyed to Jon Hukkala by deed dated August 14, 1991, from Brix & Stix, a Virginia Partnership, of record in the aforesaid Clerk's Office in Deed Book 764 at Page 335; and WHEREAS, the Grantee has requested, and the party of the first part has agreed to, the vacation of a portion of said existing temporary turn -around easement which is shown by diagonal lines on the plat of survey drawn by Douglas C. Legge, C.L.S., dated July 10, 1991, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant, convey and quitclaim unto the Grantee, all of its right, title and interest in and to that portion of that certain temporary I fl B c S,f 0 8 7 turn -around easement as shown by diagonal lines on the plat of survey drawn by Douglas C. Legge, C.L.S., dated July 10, 1991, attached hereto and by this reference made a part hereof as if set out in full. WITNESS the following signature and seal: CO NI TY OF FR.EDERICK, VIRGINIA BY of the S��(SEAL) Chairman Supervisors STATE OF VIRGINIA, 64tjyry OF )C;�QW/CK , TO -WIT: I, 6(%, WAYS /1 IU-4 1f a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that KENNETH Y. STILES, Chairman of the Board of Supervisors of the COUNTY OF FREDERICK, VIRGINIA, whose name is signed to the foregoing Vacation of a Portion of Existing Temporary Turn -Around Easement, dated the 19th day of August, 1991, has perso^ally appeared before me and arzIc:cw_'•_edg_d the same in my State and jurisdiction aforesaid. Given under my hand this day of5h?TErHBd7�C, 1991. My commission expires NOTARY PUBLI 2 f N83'38'21"E ^' b I N tiJ ~I LOT 34 wlo� a,I I nT 7Z 4u \ OC O4/ 0 1 LOT 31 CURVE TABLE 0 RAO I DELTA I ARC I TAN. I CHD. I CHD. BRG. 222.27' 28'22'49" 1110.10' 56.20' 108.97' N85'3 ' 1"W APPROVALS Virginia Dept. of Transportation %f�.� Frederick County oning Admi strator d�� data BK0,00 PORTION OF EXISTING TEMP. TURN —AROUND ESM'T HEREBY VACATED Z r rn ARC LENGTH= 18.95' 1 1 1 LOT 32 NOTES: This plat is a revision of the Final Plat showing Easements Pembridge Heights —Phase II, on sheet 8 of 19 Prepared by: Paciulli, Simmons & Assoc. LTD and recorded in Deed Book 737, Page 720 Frederick County, Virginia. HLAI Ut- KLV151UN SHC?WlNG PORTION OF TEMPORARY TURN —AROUND EASEMENT TO BE VACATED ON LOT 33 PEMBRIDGE HEIGHTS —PHASE II JIRCINIA FREDERICK COUNTY, SCT. SHAWNEE DISTRICT This instrument of riting was prod6i�EDERICK COUNTY, VIRGINIA to me on the dsy of SCALE' 1" =30' DATE: JULY 10, 1991 19 qla V�� !�r irwith certtiffcate of acknowledgment thereto annexed was admitted to record. op r O � DOUGLAS C. LEGGE ' ., C CERTIFICATE NO. LAND S� el CLERK ARTICLES OF INCORPORATION OF PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION This is to certify that I, the undersigned, do hereby establish a corporation under the provisions of the Virginia Nonstock Corporation Act, Chapter 10 of Title 13.1 of the Code of Virginia (1950, as amended), for the purposes and in the name hereinafter stated and to that end set forth the following: ARTICLE I The name of the corporation is Pembridge Heights Homeowners Association hereafter called the "Association". ARTICLE II The initial registered office of the Association is located at 305 Harrison Street, SE, Suite #100, Leesburg, Virginia, 22075. ARTICLE III Nark Nelis, an initial director and resident of the Commonwealth of Virginia, whose address is 305 Harrison Street, SE, Suite #100, Leesburg, Virginia, 22075, is hereby appointed the initial Registered Agent of this Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association is organized as a non-profit organization and does not contemplate pecuinary gain to itself or its members. No part of the net earnings of the organization shall inure (other than by acquiring, constructing or providing management maintenance and care of Association property, and other than by a rebate of excess membership dues, fees, or assessments) to any member or other individual. The specific purposes for which this Association is formed are to provide for the preservation, maintenance and management of certain community land and facilities located within the community known as Pembridge Heights Subdivision, Lots 1-211, both inclusive in Frederick County, Virginia, as recorded in the land records of Frederick County, Virginia, together with any additions thereto, and more fully provided in the Declaration of Covenants, Conditions and Restrictions, and to provide architectural control for the residential properties located therein, and to promote the health, safety and welfare of the residents of the community. The purpose herein set forth applicable to the above described property shall apply to any additions thereto as may hereafter be brought within the jurisdiction of this Association pursuant to that certain Declaration of Covenants, Conditions and Restrictions hereinafter referred to. 1 And for the purposes herein set forth, this Association shall: (a) Exercise all of the above powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the "Declaration", applicable to the property and recorded or to be recorded in the Office of the Clerk of the Circuit Court of Loudoun County, Virginia and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) Fix, levy collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) Acquire (by gift, purchase or otherwise), own, hold improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) Borrow money; and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) Dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; (f) Have and to exercise any and all powers, rights and privileges which a cooperation organized under the Non -Stock Corporation Law of the State of Virginia by law may now or hereafter have or exercise. ARTICLE V MEMBERSHIP AND VOTING RIGHTS Membership and voting rights shall be as set forth in the Bylaws of the Association. ARTICLE VI BOARD OF DIRECTORS The initial Board of Dircetors shall consist of one (1) director. Thereafter, the number of Directors and their term of office shall be as set forth in the Bylaws of the Association. ( 2 ) ARTICLE VII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than seventy-five percent (75%) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created, In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE VIII DURATION The corporation shall exist perpetually. ARTICLE IX AMENDMENTS Amendment of these articles shall require the assent of Seventy-five percent (75%) of the entire membership. ARTICLE X FHA/VA APPROVAL Provided that any Lot in the project is encumbered by a deed of trust or Mortgage which is guaranteed by the'Veterans Administration and/or the Federal Housing Administration and, provided further, that there are then Class B Memberships of the Association outstanding, neither the members, the Board of Directors nor the Associations shall, by act or omission, take any of the following actions without the prior written consent and approval of the Veterans Administration and/or the Federal Housing Administration. (a) Abandon, partition, subdivide, consolidate, encumber, mortgage, sell or transfer any of the Common Areas and community facilities; provided, however, that the granting of rights of way, easements and the like for public utilities or for other purposes consistent with the use of the Common Areas and community facilities by the Members of the Association shall not be considered a transfer within the meeting of this Section; or (3) (b) abandon or terminate this, Declaration; or (c) modify or amend any provisions of these Articles; or (d) annex additional property to the property which is subject to these Articles, the Bylaws of the Association and the Declaration. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Virginia, I, the undersigned, constituting the incorporator of this Association, have executed these Articles of Incorporation this �� day of Jy ly 1989. //;�� Mark Nelis (4) BROWNELL INC (MANAGEMENT) STAT01 STATE CORPORATION COMMISSION Check No: 0001-004011 Date Invoice Reference Gross Deduct. Net Am- ---------------------------------------------------------------------- Ju118/89 0002-FEE BROWNELL INC 75.00 0.00 75.0t: Check date Jui18/89 ---------------------------------- Total 75.00 0.00 75.01: CONSTRUCTION MANAGEMENT ACCOUNT PLEASE DETACH BEFORE DEPOSITING CONSTRUCTION MANAGEMENT ACCOUNT 3M HARRISON STREET, S.E. LEESBURG, VA 22075 703-777-MO METRO 478-1118 ******75 DOLLARS & 00 CENTS DATE CHECK NUMBER I-J-ul 18/89 0001-004011 PAY EXACTLY 04011 $75.00 i P vq STATE CORPORATION COMMISSION o,411 0 kA�h f P 0 BOX 1197 R I CHMOND FT1 p VA 23209 �IARMERS & R ANTS E NATIONAL BANK O ILMN 05 LLEESBURG, VIRGINIA 22W5 500 u'0040110 1:0560036951: 000 23388a' I IF i rt Vo - s STATE CORPORATION COMMISSION mzdwwnd, Juty 24, 1989 Yk'j-z cee PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION i i i co and C& • EFFECTIVE DATE: Juty 24, 1989 �DRATipry GIN W N a 2 1,903 wk. 4 qe"� �� BYLAWS OF PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION ARTICLE I NAME AND LOCATION The name of the corporation is Pembridge Heights Homeowners Association, hereinafter referred to as the "Association." The principal office of the corporation shall be located at c/o 305 Harrison Street, SE, suite 100, Leesburg, Virginia 22075, but meetings of members and directors may be held at such places within the Commonwealth of Virginia as may be designated by the Board of Directors. ARTICLE II DEFINITIONS Section 1. "Association" shall mean and refer to Pembridge Heights Homeowners Association, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Areas" shall mean all real property owned by the Association for the Common use and enjoyment of the owners. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Properties with the exception of the Common Area, and areas dedicated as public streets. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, or equitable or beneficial title (or legal if same has merged) of any Lot. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performances of an obligation. The term "Owner" shall not include a developer, builder, contractor, the Declarant or other person or entity who purchases a Lot for the purpose of resale thereof to a Public Purchaser, or for the purposes of construction improvements thereon for resale to a Public Purchaser Section 6. "Declarant" shall mean and refer to Brownell, Inc., a Virginia Corporation, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded herewith in the Office of Clerk of Court, Frederick County, Virginia. 1 s Section 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. Section 9. "Public Purchaser" shall mean any person or other legal entity who becomes an Owner of any Lot within Pembridge Heights. ARTICLE III MEETING OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each year thereafter, at the hour of 7:30 p.m.. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of one-fourth (1/4) of all the votes outstanding in either class of membership. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of the secretary or person authorized to call the meeting, by mailing a copy of each notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting, Section 4. Quorum. The presence at the meeting of Members entitled to vote or of proxies entitled to vote, one -tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot. ARTICLE IV BOARD OF DIRECTORS Section 1. Number. The affairs of this Association shall be managed by a Board of not to exceed nine (9) in number but not less (2) than three (3) Directors, who need not be Members of the Association. The Declarant shall determine the initial number of Board Members, however, upon cessation of the Declarant's class of membership as more fully defined in the Declaration, the Members of the Association shall determine the number of the Board Members. Section 2. Term of Office. The Board of Directors shall be divided into three (3) classes of membership as near equal in number as possible, with the term of office on one class expiring each year. At the first annual meeting of Members, Directors of the First class shall be elected for three (3) years, the Directors of the second class shall be elected for two (2) years and the Directors of the third class shall be elected for one (1) year. Thereafter, at each annual meeting of the Members, the successors to the class of Directors whose terms shall then expire shall be elected for a term of three (3) years. When the aggregate number of Directors is changed, any increase or decrease shall be so apportioned among the classes so as to make all classes as nearly equal in number as may be possible. No decrease in the aggregate number of Directors shall shorten the term of any incumbent Director. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association, In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of the duties. Section 5. Action Taken Without A Meeting. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting subject to procedural rules adopted by the Board. Such rules shall not be established so as to exclude any Member desiring to be a candidate or desiring to submit the name of a candidate from so doing. The Nominating Committee shall consist of a chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many (3) nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors, after not less than three (3) days notice to each Director. Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power to: (a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; (b) Suspend the voting rights and right to use the recreational facilities of a member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; (c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration. (d) Declare the office of a member of the Board of Directors to vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (e) Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. (4) Section 2. Duties. It shall be the duty of the Board of Directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A Members who are entitled to vote; (b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) As more fully provided in the Declaration, to: (1) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (2) Send written notice of each assessment to every Owner subject thereto at least thirty (30) days after due date of to bring an action at law against the Owner personally obligated to pay the same; (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) Cause the Common Area to be maintained; and (h) Approve an annual budget. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Officers. The Officers of this Association shall be a President and Vice President, who shall at all times be Members of the Board of Directors, and a Secretary and Treasurer Section 2. Election of Officers. The election of Officers shall take place at the first meeting of the board of Directors and following each annual meeting of the Members. Section 3. Term. The Officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless they shall sooner resign, or shall be remover, or otherwise disqualifies to serve. Section 4. Special Appointments. The Board may elect such other Officers as the affairs of the Association may require, each of whom shall hold office for such period. have such authority, and perform such duties as the Board may, from time to time, determine, (5) Section 5. Resignation and Removal. Any Officer may be removed from office with or without cause by the Board. Any Officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the Officers are as follows: (a) President. The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all promissory notes and checks from such accounts as the Board may from time to time determine. He shall make the appointment of Committee Chairman of all Standing Committees. (b) Vice President. The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. (c) Secretary. The Secretary shall record the voters and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. (d) Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall cause the disbursement of such funds as directed by resolution of the Board of Directors; shall co-sign all promissory notes and checks from such accounts as the Board may from time to time determine; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall be the chief officer responsible for the preparation of an annual budget and statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the Members. in ARTICLE IX COMMITTEES The association shall appoint a Nominating Committee, as provided in these Bylaws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes. ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by continuing lien upon the property against which the assessments are made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10% 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 of any such actions shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. ARTICLE XII CORPORATE SEAL The association shall have a seal in circular form having within its circumference the words: Pembridge Heights Homeowners Association. ARTICLE XIII AMENDMENTS Section 1. These bylaws may be amended, at a regular or special meeting of the members, by a vote of two-thirds (2/3) of the Members present in person or by proxy. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these bylaws the Declaration shall control. (7) ARTICLE XIV MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of each year, except that the first fiscal year shall begin on the date of incorporation. ARTICLE XV FHA/VA CONSENTS Provided that any Lot in the project is encumbered by a deed of trust or mortgage which is guaranteed by the Veterans Administration and/or the Federal Housing Administration and, provided further, that there are then Class B Memberships of the Association outstanding, neither the Members, the Board of Directors nor the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of the Veterans Administration and/or the Federal Housing Administration and, provided further, that there are then Class B Memberships of the Association outstanding, neither the Members, the Board of Directors nor the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of the Veterans Administration and/or the Federal Housing Administration: (a) abandon, partition, subdivide, consolidate, encumber, mortgage, sell or transfer any of the Common Areas and community facilities; provided, however, that the granting of rights of way, easements and the like for public utilities or for other purposes consistent with the use of the Common Areas and community facilities by the Members of the Association shall not be considered a transfer within the meaning of this Section; or (b) abandon or terminate the project or Declaration; or (c) modify or amend any provision of these Bylaws; or (d) annex additional property to the property which is subject to these Bylaws, the Articles of Incorporation of the Association and the Declaration. IN WITNESS WHEREOF, we being all the Directors of Pembridge Ae Heights Home wr1 2 �ers Association have hereunto set our hands this � day of ti 6 (8) TO: COUNTY of FREDERICK Department of Planning and Development 703/665-5651 M E M O R A N D U M FAX 703 / 667-0370 SENT I RETURNED County Administrator's Office , ATTN: John R. Riley, Jr. ATTN: W• FROM: Wayne Miller DATE: January 9, 1990 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Preliminary Master Development Plan X Subdivision Please review and sign the attached plat/plans, if approved for: Pembridge Heights, Phase II (approved by Board on 8/9/89) Please return this form and all 6 copies of the plats/plans as soon as possible. Thank you. THIS SPACE SHOULD BE USED FOR ANY COMMENTS: DF IF( JAN -9 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ::.5l REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Bog 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: is row 3© 5 46,,Y-r I©© le.Q-3.LyIn 22095 Name of development and/or description of the request: / 2 P) Location: : �n r - � c-,�4ian rVi I' l v) l e,4-- Inspections Department Comments: > ! J Inspect. Signature & Date (NOTICE TO INSPECTIONS - NOTICE It is your responsibility to possible in order to assist please attach a copy of your `x- % M )1- eft' 6 51 E RETURN THIS FO TO APPLICANT.) TO APPLICANT complete this form as accurately as the agency with their review. Also, plans and/or application form. SUBDIVISION PEMBIDGE HEIGHTS SECTION II and portion of Sec zoned RP (Residential Performance) 127 single family lots (51 acres) LOCATION: North side of Rt. 50, approximately 1/2 mile east of Rt. 81 intersection. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential and vacant land use and RP (Residential Performance) zoning. PROPOSED USE AND IMPROVEMENTS: 127 single family lots REVIEW EVALUATIONS: VA._Dept. Transportation - see letter attached. Sanitation Authority - No objection. Plans have been approved. Local Fire Company - No comment. time. Fire Marshall - Have approved hydrant locations for this project. Inspections Department - This request for subdivision approval shall comply to use group "R" Residential Section 309.0 of the BOCA Code. Planni_ng_a4d Zoning - The proposed subdivision conforms to the approved MDP. Plats and plans should indicate that they include a portion of section III of the approved MDP. Comments from the County Engineer will need to be addressed prior to final approval. Staff Recommendation: Approval. PLANNING COMMISSION RECOMMENDATIONS OF 7/19/89: Approved by the following majority vote: YES (TO APPROVE & SEND TO BOS): Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Wilson, Romine, Rinker, Thomas NO: Marker a Pembridge Heights Section II HSO #72106-4-0010 Civil Engineering Comments 6/27/89 1. Generally a 10' horizontal separation is recommended in between water and sewer utilities. Also, lateral connections at the main should not oppose each other. The following is a list of utilities/laterals which do not meet the 10' separation: a. Lot 108 sanitary lateral is too close to the proposed water service. b. There appears to be 2 water services to lot 107. One should be eliminated. Also, one appears too close to the sewer service connection. 0. The sewer laterals and water services to lot 18, 19 and 20 are too close to each other. d. Keswick Court sanitary laterals and water services are too close to each other. e, The profile for storm str. #7, 8 and 7A should indicate clearance for crossings with sanitary and water lines. f* The proposed storm sewer from structure #3 to structure #4 is close to and below sanitary manhole "EE" and the sanitary sewer crossing. Concrete encasements should be considered. cj#. The sanitary laterals to lots 118 and 116 are connected to the 8" main at the same location. This is not practical; moreover, the lateral to lot 117 is crossing under/over the lateral to lot 116. It appears that these two laterals may be in conflict with each other. h,. We recommend tying lot 110 lateral to the manhole "II". This needs to be verified with the Sanitation Authority. 2. The proposed grading along Yale Drive cul-de-sac indicates a dip with spot elevation of 01.00. Revise the proposed E.P. grades to have a continous grade around the cul-de-sac. 3. Show spot elevations for all high points and low points along all proposed roadside and outfall ditches. 4. Call out all water line BLOW -OFFS on plan view. 5. Indicate all proposed fire hydrants, valves, reducers, etc. on profiles. 6. Indicate the length and slope of all proposed rip -rap. Connect the proposed water service for lot 21 to the 6" water main. 8. Do the two hydrants in front of lots 111 and 112 need to be proposed so close together? 9. It is recommended that fire hydrants be served from an 8" main unless fire flow calculations can prove sufficient flow and pressure is available. This applies to tije proposed hydrant between lots 111 and 112. 10. Indicate 10 yr. storm water surface elevation for all inlet'& and culverts that have a significant ponding limit. 11. Call out all easements and their widths on plan sheets. 12. Graphically show all proposed drop manholes for sanitary lines. 13. The proposed sanitary inverts at manhole "FF" are to be in 600 range and not in 300. Same applies to both profiles on sheet 5 of 19. 14. We measure 171' at 0.41% for the sanitary line from "LL" to If,"KK". 1fr. Indicate the station of water line crossing on Ludlow Drive profile at station 12 + 60±. If&, Show the 4" force main crossing on Ludlow Drive profile. 17. Indicate the structure numbers for the 15" storm sewer at the intersection of Ludlow Drive and Keswick Court (sheet 7 of 19) . 1$ We calculate a slope of 0.47% for sanitary line from manhole "S" to manhole "R". 19. Continuation of sanitary line from manhole "Q" is shown on sheet 11 of 19, not on sheet 9 as indicated on sheet 7 of 19. 20. Indicate E.P. and E.S. for Margate Court plan view. (sheet 8 of 19) 21. Show the delta (p) for the Yale Drive curve data. 22. Indicate the station for the proposed fire line crossing of sanitary sewer and storm sewer profiles (sheet 9 of 19). 23. Label Yale Drive profile. 24. We calculate a slope of 16.11% for the proposed sanitary sewer from manhole "Q" to manhole "A". 25. We calculate a slope of 1.63% for the proposed sanitary sewer from manhole "C" to manhole "B". 26. Correct the proposed invert elevation at sanitary manholes "B" and "A". They are to be in 600 range. 27. The domestic water service to lot 116 is connected to the proposed sanitary line. Please correct. Same applies to lot 21. 28. The symbol for the sanitary manhole "G" is shown as a storm sewer symbol (sheet 3 of 19). 29. Make the note concerning the exposed elevation of building on lot 102 more visible. 30. Call out the proposed fire hydrant, valve and the tee at the intersection of Pembridge Drive and Margate Court (sheet 4 of 19). The same applies to sheet 6 of 19, at the intersection of Ludlow Drive and Keswick Court. 31. Provide inlet protection for storm structure #6 on erosion/siltation plan. 32. Show storm sewer profile from structure #10 to structure #9. 33. Show storm sewer profile from structure #6 to structure #5. 34. For each roadway on the plan and profile sheets, the roadway design classification should be indicated and verified by VDOT. 35. Based upon the outcome of above comment, majority of the proposed vertical curves may need to be revised order to have adequate stopping sight distance. Please refq*z to VDOT Subdivision Street Requirements pages 12 and 13 tables I and I -A for minimum sight distance requirements. 36. Since stormwater management is not provided on the basis of percentage of watershed, please verify that the receiving channel is adequate. End of comments Civil Engineering r APPLICATION AND CHECKLIST FOR SUBDIVISION IN THE COUNTY OF FREDERICK, VIRGINIA DATE: April 27, 1 9R9 APPLICATION NUMBER: FEE PAID: APPLICANT/AGENT: Brownell, Inc. ADDRESS: 305 Harrison Street, SE, Suite 100 Leesburg, Virginia 22075 PHONE: 703-777-9310 The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: North of Rt. 50 east of Interstate 81. 2. Property tax map and identification number: Tax Man 64-109, 111 and 111A 3. Property zoning and present use: RQP 4. Adjoining property zoning and present use: single family Vacant, RPD 5. Magisterial District: Shawnee 6. Master Development Plan Application #: 005-87 7. Type(s) of housing proposed: single family 8. Total number of lots: 127 9. What is the subdivision's name? Pembridge Heights Phase II PRELIMINARY AND FINAL RECORD PLAT U 1. Is the subdivision plat the same as the approved final Master Development Plat? yes_ no_ 2. Are the phases or sections shown for recordation the same as the phases/sections shown on the Master Development Plat? yes_ no Sb5DIVISION REQUEST , 3. Are easements throughadjoining property needed? 4. Are all easements shown? = sewer water - drainage others 5. What is the total Bond estimate? 500,000 - for sewage - for water - for erosin & sedimentation - others 6. Do building sites conform with Zoning Ordinance requirements? ) 7. Are fire hydrants shown? 8. Have the following items been checked or shown: a. Lots - size, width. - zoning conformance - orientation b. Streets. - alignment and layout - service drives approach angles., Virginia Department of Highways and Transportation conformance. 9. Have all street _names been shown? 10. Do street names duplicate any existing streets? 11. Are street sign locations shown? 12. Are all monument locations shown? - concrete? - iron pipe? GENERALLY 1. Is the plat stamped and certified? 2. Is there an owners statement? 3. Nine copies and reproducable copy to the Planning Department?.. Page 2 yes no 250,000 200,000 50,000 yesrll-*� _ no yes no_ yes no yes no yes yes no no_ yes t1' no yes ram' no yes �/ no yes �/ no — yes L,� no yes r---no yes_ no !/ yes no yes j/` no yes not yes % no yes Y no_ yes t/ no — yes V no_ SUBDIVISION REQUEST c Page 3 4. Have detailed construction plans - streets - water lines - sewer lines - storm drainage - common areas - others been prepared for: 5. Have the following been shown on the plat? 11� no yes yes no yes ✓ no — yes no yes:!/ !/ no yes no 1) Approval signature space yes I/ no 2) Match lines yes ✓ no 3) Page numbers yesc/ no_ 4) Subdivision name yes,/ no 5) Owner yes 7 no_ 6) Subdivider yes,/ no 7) Surveyor or engineer yes r/ no— 8) Date of drawing yes no 9) Number of sheets yes no 10) North point and scale yeses no 11) Location insert map yes no 12) Adjoining roads and landmarks yes no 13) Boundary survey yes no 14) Total acreage yes no 15) Location of existing buildings yes no 16) Existing streets and easements yes no+ 17) Complete drainage layout yes no 18) Flood plain yesj�7; no_ 19) Street cross-section yes ✓� no 20) 21) Contours Sewer water layout yes no and yes r no 22) Public use parcels yes -77�' no_ 6. Are protective convenants and deeds in conformance with zoning requirements? yes 111�no NOTES: Please submit this application/checklist to the Department of Plannning and Development along with any fees and plats required. NOTE SEE FOR SNEE T l9 .ram T S 4S'+C: 4 U- EA5EA4EV76 597000�00' cV-- 00 � .8 � N53°00 00 �l-3500 3;r �, �6��, 553°oo'oa'E 35 0' ✓,� Q f 137 PA- N %o 0 146' c z o `Sp > z o o �V O Imo; s0� 4A-9 p. (n/ 141 60 � 0T/98 20741sn Fr. �; 14235O 0 O�o O `L �� {� \ , — I� �o LOT20l ,gyp �� If 11108-5p� / NLOT2�� �� Jfp 008 7S /04045 F7,, oo //9495Q.FT. Q Q Q pp 0U3W A\ n,� coy !,_'� a�✓ S'Op' 08 '0 ¢ C 35p' 510 E 79 .90' CURVE T 41- 4='' - it/O. RADIUS DEL Tom} Afti'C 7-AA16EA17- Cf/ORD CHO,PD 9EARIAIC7 137 4/2.7/ 10°29'59" -75,(03' 37.9Z' 75.53' N58'15'00"W /38 4lZ.71 03'33'ZZ' Z5.&Z' 1Z.51' Z5.Co1' &1&5616o'40"VV 131 25.00' 47°0(v'09" 20,55' /0.90' /9.98' /V43°.30'/7"!✓ 140 55.00 3/'39�12" 30.36' /5. 9' 30.00 it/35°4�=48"G✓ 4 / 5. 0' S4°O� ! 7 " 5 /. 90' 28.0 7 5 0. 0 Q'I it178 038'32G✓ 142- 5,00' &04509 .56.32' .32.24' S5 �Z' S 43°5� 45'i✓ !43 55.00' $4°04/7'" 5/.90 28.07' S0.00' 5/..3°Z7�58'� 144 55.00' 61a106441" 63.46' 35.'79' &0.00' 573 33Yg 6 If 55.00' /554030" /S.OS 7.57' /5.00 1v653Z'57'E /46, 25.00' -56*26'01" Z4.�3' /3.4Z' 23.�v4' ti/B5°55:52"E /4 7 5&0,71 ' 070/9'06" 46.33' Z3.20' 46-30' 560 146 6Z.71' 0,5°315/" 35.0/' /7.52' 35.o0 555°45:S,",E /44 1 C085 2,3' 75.00' 3 7.54' 74.9G �tl53°/8'34 "Lc/ /50 387.71' 22°45'000 153.95 78.00 /52.94 itllo4 ZZ'30'Yc/ F/1vAL P�- A T .106VJR106E 1VE/6/,1 5 - P,,V4S E -Y 511A !c/it/EE O/STEP/G T FeEDER/CA- COUNTY, VfiP�jfit//4 KEV. DEC. 5, IT-) REV. QW, 9, 1989 REV.0GT.131989 REVISED :JULY 13, 1959 /00 dPII�'Ie- 2&, /969 5W(EE7- /8 oc 1q r�� OF o 'P �O SFPH G PACIULLI a PACIULLI, SIMMONS & ASSOCIATES, LTD. LICENSE No. 1629 �Na suR�Erir 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 E rigmeers, Planners, Surveyors 703-777-2755 478-8015 Al 53000'00 "W 35.00, q-- 15'DRA►1JA6E ESMT. se S35'Z6,'30"W 50.00' Z5'54N1T4PY $EWER / EA5F�VIENT �/ / ZO.3 � 2oZ , Zoi �0 AA/.�/AUE� c/T/LlrY Ear, I \ n ,�is, N49�733W 000 DRAI,V 4G .0 84 Pi f0 10 I °0v11 Q` u o � N 0 �I Z 2 II � I IC6 Q C-J: 'Dli5 / 29, 35 /� / 91 �//t/AL RL AT .'5NOWIAIC, EA5EMEA17-6 f'EM,6R1D6&r E/6,4TS — Pfq.q SE ZI S1/A1VA1EE 0/S/'1P/C7- ��PEDEiF'/CK COUNT y, VIIV �/I t//A .EV. DEC. 5, 1969 'EV. Nov. 9, 1989 TV. 0U. 13 1989 EV15ED : JULY /3,1989 SCALE: /-=i00' APRIL 26,/g89 S/Y L=Er /9 GA— / q 77 �E Nj.TH OF -:410 ( 4, O u JOSEPH G. PACIULLI LICENSE No 1r29 %I SUR�Ev V PACIULLI, SIMMONS A ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 E nylneers. Plimners Surveyors. 703-777-2755 478-8015 s Z D m gA'VAR'D -o DR m 0 �¢ V/C/N/Ty MAP ✓c q1G SURVEYOR'S CERTIFICATE I, JOSEPH C. PACIULLI, A DULY LICENSED LAND SURVEYOR DO HEREBY CERTIFY THAT THE LAND EMBRACED IN THE SUBDIVISION SHOWN ON THIS PLA? IS NOW IN THE NAME OF BROW?JELL, INC., TRUSTEE, A PORTION OF A 77.018 ACRE TRACT OF LAND AS CONVEYED IN DEED BOOK 695, PC 915 OF TIIE FREDERICK COUNTY DEED RECORDS. THE TRACT IS SUBDIVIDED AND EACH LOT IS FULLY AND ACCURATELY SHOWN BY METES AND BOUNDS; THAT BEARINGS REFER TO THE TRUE MERIDIAN; THAT IRON PIPE WILL BE SET AT ALL LOT CORNERS AND IN ACCORDANCE WITH THE FREDERICK COUNTY SUBDIVISION ORDINANCE. CIVEtt UNDER MY HAND THIS Z4' 0 PA LI OWNER'S CONSENT AND DEDICATION THIS SUBDIVISION IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE WISHES AND DESIRES OF THE UNDERSIGNED OWNER AND PROPRIETOR. TITLE TO THE LAND SHOWN HEREON AVESTED IN BROWNELL, INC., TRUSTEE, BY DEED DATED SEPTEMBER 26, 1988, IN DEED BOOK 69,'W7AGE 915, "HE FREK COUNTY VIRGINIA DEED RECORDS. SIGNe HATE / STATE OF VIRGINIA ) rG` � 7� /-- 61 / TO -WIT: COUNTY OF LOUDOUN C/qr-k , a notary public in and for the County of LOUDOUN, State of Virginia, do hereby certify that BRUCE BROWNELL, TRUSTEE, whose name is signed to the foregoing writing bearing date on the 2 %tom day of,,=,r-11 1989, have acknowledged tine same before me in my County and State aforesaid. Given under my hand this 2%day of QpY"d , 1989. h,"W Ct nta►c A6Z�a je Y64 Notary public F//VAL PLAT tWJO T H OF G PACIULLI DCOUNTY, 1//�/N/ANSE No.1629 SUR4E_1 APRIL 210, /`1Et9 ,s,gEE'T / o !9 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Planners, Surveyors VA DEPARTMENT OF TRANSPORTATION FREDERICK COUNTY SANITATION AUTHORITY APPROVED FREDERICK COUNTY BOARD OF SUPERVISORS DATE ., lBDIVISION APPROVE D SAT -2 SUSDIVISNAD�O�� GMIPLANN n DATE 7 AREA TAOULATION TOTAL LOT AREA 05.1693 Ac, STREET DEDI CA T/ON 7.203 / AG. Oc1TPARC,EC.5 10.5721 Ac. TOTAL. AFEA 50.9645 AG. NOTE5 TOTAL OUMBER OF LOT5 129 1.) A /O' DRAINAGE A,VD UTILI TY EASEMENT .DEO/CA TEO .41-01V67 AND .4D.JACENT TO ALL RicNT OF- WgYS. 2.) 5UILDWC7 SETBACK APE A FOLLOWS= F2OA/7=25, REAR-05' 51DE$-/0' 3.) THE PROPERTY DEL /NEA TED Opt/ TN/5 PLA T 15 LOGA TED Opt/ FREDEe/CK C04JII7TY A55ES5/11ER/T MAP A/O. 64 PART OF IPQRCEL /l l AND IS ZONED RPO. Q. A/O TITLE REPORT FUR1UI51-1ED FIAIA L PL A T PEMBR/o(!:�E NEA:::WTS - RIIA 5 E -Y 51-14 WA/EE 015 Tie/C T FREDERICK COUn/T Y, VIRI::�IA114 REV. 12-6-89 REv. l0-13-89 APR/L ZC,, 1989 sllEET z ol= /q ��Pt''T N OF a o' 1 U� JOSEPH .PACIULLI a LICENSE No. 1629 ML SURVEY PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 E nymeers. Plarmers, Surveyors NO. i'AD/US OEL rA ARC' itiA/. C/_/0iP0 BEAiP/�S / -92 9. 65, /S ° /6 ' 23" 6t9.GY' 44.30 ' 2 25.00' 86° 26'36' 37 72' 23, g9' 34. 24` N/9' 45'44"G✓ 3 25.00' S/' 19' 04 " 22950 12.01 ' 21. 6'5 ' /V 4?'07'06 -'E 23. ¢3001 /V 5/";,5'SB..E 5 55.00' 57°36'30" 55.30' 30.24' S3.G27' /V 00°02'5-7"A/ to 55.00 g2°36"S/"" 5'0.94' Z/. 47' 40C�' A/ SO° /0"37"Al 7 55.00' 54*01'17" 51.90' 26.07' S0.00' S 81. 07'49"A( 5S.00" 4Z-38'S/" 4094 " 2/. 47' 40.00' S 33' 06- /-'5`IV 9 55.00' 39.38'20" .38.05' /9.82' 37.30' S Gam- 02'20"E /O 25.00' S/-19'04" 22.39' /2.0/ ' 2/. G15' S 02- //' S8"E /! 25.00' 90- 00' 00 39 27' 25.00' 35.36' S 68° 27'35z "IV /2 269.31 ' 04 - A5 22 ~ 2000' /0.0/ . 20. 00' A/ 6424' 457-1,V /9 269.31' 22- 17'26' 104.77' S3.06' 104. /1' N5/°06'2J"/-V 14 Z6 9.3/' Z/' 23' S6" /0 ..58' S0. ,9,6' /00.CO' Al 29°17'39 "J.s/ 15 269.31 ' 1B° 09'.36 "' 43.04' 8500' Al09°30 52 W 16 269.31' 07`27'0:'c 15.02' 1754' .35.00' /V03°17'Z9"E /7 650.001 05t'03'45" 96.a9' 23.051 46.06' Al 0¢°59' /O ", /8 650.0J 04°24"_-V" S00/' 25.02' 50.00' Al00.45'02",!E7 Al i9 2500' 69'37'01' 3910' 2463' .35. 24' 20 /99.80 _ 3J'S'9'%"' ///57' 57.28' //0.13' S 75'St�'/9"E 21 2 72. 27' 07.22' J3' 35.02' / 7. 54' 35.00' 3 �3:31'33"E 22 2 7Z. 27' 17' 57' 55" 85.37' St3. 04 ' 6 S02' �S 76.11 '37 "�F 23 2 72. 27' 14 39'.54" 69.69' 3.5.04' 69. 50' it/ 87. 29'29 "E 24 222.27' 26'22'47' //0. /0' 56.20' /08.97' /V 8S-,39'O/"Al 25 222.27' //°37' //" 45.OB' G2.C-2' 4500' /V 65.39'00"pj Z6 2500' 79°51'3`9'" 34(95' 20.93' 32.09' N/9'S436'!1/ 27 3/9.31' 13129,20" 7S. /7' 37 76' 75.00' 3 02-25'09'E' 2 319, 31' /0. 02' 34" 55.97' 2,9.Oo' 55.90' S /¢° //' 09 "�F 29 25.00' 70' /8'3t�;" 30.68' 17.61' 28-79' S 15°56'55'/V 74 /3' 6 7 87" 8 00*,55L 6'l? /V 3/ 319. 31 to' 25' ,18" 58.08' 29. /2' 5?5 00' S /'06 23' 44 "E 32 919.31 ' 08' 12-'59 "' 45 ?7" 22. 93' 45 75' 8 /io 42's2' E 33 3/9.3/' 06° 12' O1& 95 TD' 22.89' 5X,566' 327.55'Z3"� - 3J9,3J' /3' 2728" 75,00' 3767 7483' 5,38'4S'07''E 35 3l9.3/ ' 16° 12' 12" '70.30' g5.45' 9O. 00' S 53-34'_50 F/A/AI- Rl A r PEMSR/06E A�57/611 rS--RIZASE II SNA evm&E O/SrTlc r /-REOE1T101< COuivr>, ti/1TIGIA11A APP/1- 26, 1489 S/4EE7- 3 0/= / 9 OF o' u JOSEPH . PACIULLI a LICENSE No. 1629 <qNo SuavEv� PACIULLI, SIMMONS 8 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 -- Fnyineers, Planners, Surveyors 703-777-2755 478-8015 m >i 0411rVE T.4 BG E ti0• /PAD/ US OE 4 rA ARC TAN. 0/N0/'f0 ex/o/?O BEAR/NQS . 36 3/9.31 o4's/'22'" 2706' /3.54' 27.05' S64-06'45'"E" ,37 Z 79.65 03' 4/' /9" JB.00' 9.00' A600' 38 21Z.47" ZO. 25'07` 75. 72' .38.26' 75.32' Al 09' 46' 40"E 2/2.47 09' 2G'S6" 350`/' /756' 35.00' NOS'0722'%� g0 162.47' 22-C6V/" 62.66' 94 73' 6Z.29' S 0/- /2'/6 "/V 4/ /62.5z7' 07' 45'S2" 22.02' //. 03' 20..00' S /6* 00V 7"/1/ 42 25.00' 100.09'21" 4369' 29.97' 36 34' S 70*0.5'24"%,/ 43 2¢9.80' 14-S3;37" 65--JV' //' N 67° /9'45"A/ 44 .Z49.60' /6' 44' 60.35' 40. SZ' 80.00' N ffl "O/'.557'W 45 25,00' _2_S' 4 Q3' /7'04" _ ,36 Z2.Z3' .�`3.2?' A/ 51' e6'/5"A/ 4,(%; 650.00' OS-/7'27" 60.02' -9'0.03' 60.00' S/2'3(o"27-E 47 650.00' 05'S9'A9"' 68.03' ff4.05' G�&.GY�' Al /8'/5'0g'W 48 co5000 07*-56 3'' `,U07' 45. //' 90.00' N 4/'47' ¢¢"I/ 4`7 a570'0 , 04" 24'.30" 50.0/, 25.02' SO.ae' N 50 osoo' 90* 00'00' 39.27' 2500' 35360 Al 05- 10'26"W 51 /90.24' /9'4o'ZZ" 6.532' 32.98' 6S.00' AJ29'.59'23 52 /90.24' /;� 53Z Z1o74' 53,0&' Al /2'06' 15."E 53 /90. Z4' /O' g7'28" 3S. /7. 97' 35. 76' /V 54 ZSOO' S/'/9'O5z" 22.39" /2.0/' 2/.65' N 55 S5 00' 7Z 5519 " 70. 00 d0. 64' C05, 37 N 03 ° 00' 59" E 57(; SS. 0::;) -1W ZZ' 25' 33•`76' l7. 54 33.42' Al 51' 07' 53 "h/ .57 6S,00' dZ' �8'51" dO.9d 2/.4.7 dU.00 5S8 3382' S7.62' S 29'34:39"E 60 SSLYJ' S4' 04 "/7" S/•90 ' 28 O7' 50.00' S 29° 02'45%/ 6/ 5 ..00' 54' O•¢'/7" 5190' Z8.07' 50.00' 8 83'07 02"w l02 5 ..00' GO' 00' GO' 5-7. 60' 3/. 75' 65 5- 0' Al 39'S0'50 "W a3 5S00' S/' /9 04"' 49.26' 26.42' 47.G3' N /5'48' 42`E l04 25.00' S/' /9'O-, " 22,39' /2.0/' 2/_ 65 A/ /S° 46'42' 65 & 00.00' 22'24' Q9" 034.7/ 118, 86 233.22' W /3' 00' 03" U1 66 30Q, (05 3'37'OZ " /9.03'' q. &2 /9 23 5 (9d *d3 '55"E 67 SS_00' 29'Z7'/3" Z6. 27' /4.96' 27. 96 S 48 25'S3"E 66 25.00' S/' /9'04" 22.39' /2.0/' 2/.65' 5.37'29'S8"E ao P 140.24' 3/'0/'07" 1 75.92' .38.92' 75.00' S 03' 40'07",W 70 /40 24' 20'38'S3" 50.54 2S.- 5' 150.27' SO9'30'07 Al i'EMBR/06E •5/E'/C3•�/TS-PyA�SEII S1- /IV t/EE 01ST7,T/07- /WF0O9/P/C.Y C06IA17-y, APR/ L Zro, 1989 OgEEr Q Oo� 1q dAfa'� N p1, e u JOSEPH . PACIULLI a LICENSE No. 1629 �'D SURVEV°s PACIULLI, SIMMONS & ASSOCIATES, LTD. t 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Enyineers, Planners. Surveyors 0 cvic vE r,&L4T NO RAD/US DEL TA ARC TA/V C'NOR49 CI-101'O 36AQRIAGS 106 25.00' 89'2/'3z" ,39.99' 24.72' 35.la' i1104°51'/2"Al 7 220. /6 ' /3' S/ '3Z" 53.25 26. 76' .5 12 ' /V /Qg 25.00' S/°/9'Oyt'' 22.39' /2.0/' 2A6s' n/6/'/9'S8"Gt/ 09 55. 00, 20' 57'05" 20. //' /0, /7' 20.00' ^/ 76 //0 55.00' 62°25'/5" 59 9Z' 33.32' 57.00' AJ 3¢°49' 4$"Al /// 55.00' 43° 46' 43" 42.02' 22.10' 4/c/' N /8°/6' If" E 112 55oo' 42°38'S/" 40. 9,�V 21.47' 40.00' /U 113 5-500' 93° 17'-14" 24C6 ' 4SCQ' 5 73'OZ'4S"� 114 5S.0o' �4°3Z'3/" �/.96' 34 3' 58.73' S/�°37'38'E 115 25,00, S/°/9'0g" 22.39' 12.0/ 2/�S' S/0' 00' S¢`E 55 s0'67 /7 2,9419' 17°31:05" 67./6' ' 43.92 ' 8�.52 S.55° //8 I 2e4.99' 0¢'25'23" ZZ.00" //0/' 2/•99' S 4X 27'07'E //9 24727' 40" 00'00" 172, 63, 90-Oo' 169. 14' S 1201 C,25.Oo' 12° S0'43" /40.00' 70.29' /39. 7/' Al 00°36' p1„E /Z/ 294.31' 73'33'ZB" 37794 220.00' 352-42' Aj 290 45 ¢2'/✓ 122 &50. 00 !lb°3a 35 l88.05 94.(oq / g7. 40 Al 24 1.30' (CO ' Gv 123 187.47' 29'52'03' 97.73' SOGb" 96.62' ^/ O5'05'1Z"i 124 224.80' ,j4°3533" /35.7z 700o' 153.67' 25 62500,44° 2/' 25" 483.86 ZS4 76 4 71,87' .V 2 7' S9 44 '!t/ ZG /�5.24' S1° 40'00" 149.01, &0.00' 14401' Al /3° 59&-4 27 660,23' 30'30' 00" ,35/.4�0 /80.00 347.32' .V l5' 25 t�o'Lc1 4-0 2z? 209.05' 24 7. 27 16-20'00" 25"20 08 59.59' /09. 34 -5v00' 55. 58 5939' /08.45 N 72°30'24`/11 6 72' 30' 30 E j S "7" 99975/2' so ,.1L3r' wE /02S42Oo3"E" s336' 55.00' 10'14" 42417" /5'5144" 9'04' /9- 3°5737 52,00' 4/00' 33.42' 5300' 95.00" 43.9/ 29' 2/.5/' 17. Z4' 26.67' Q7(,o' 21.96 I s0'o.05'' ,06' 32.90' 5-2.69' 9Q.9o' 43.90 Sw' S/222'04/✓ 23, /° 07.' 44"AJ -NO3' 51'34*1V 5 34' 0d'57"E S 52'o9'/d"E /35 ! 37 /90.24 (oGY�.00' G35.23 5EE 5NEET /5 FpR CUIFCVE5 /tea - " /VOTE' THE f' rFYJ/ E/PTY OEL /n/EATEO OrV TH/S /'LA T /S LOCATED OAt/ FEEDER/GK ���T v ASSE SSMEA17- /"/A,- A10 &4 PART OF' PARCELS I D 9 1 / 1, Ill 4 AND /S ZO/VEO RPO. F//l/AL /'L. AT PEMBR/06E �'�6yTS - Pi5/ASE II 131vA w.vEE olsrRlcr FREOEi?/CK COUNTY, V/LPG/A//A Af'R'/L 26,1989 SHEET 6 Gl= Iq VOJOSEPH . PACIULLI Y LICENSE No 1629 =�� SUR�Er r PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 c nymeer�, Planners, Surveyors 4I/r- Q/ II / I.I' {� S09•SO'50'e5 �G�P' ,-jr0 AES�'i W► k L OT 33 50.00' I /g 7. 96 ' Vl m /4/ cr/ © LOT SV/7-ocp, �. (A nor zg 1y �,•w ��.,�,� ��. ' ^ o N�A A�. 00 `'oolSs\ /A0- .h0�O A� 1) o s ti 9 0 7 5+ 54' tv 15 r7 Z \ 8 Fr C� t/ C3 •/0'00"W N /7" 27'00" H/ -t-� �W ��� \�sz �j,� •� 1000 5��I ZY` p `3100 V cy, (D 0 • 32 2� , 0050, c/ cl WA 7-EAF WTE : �� \ \ ZQ5. R. L � 5 / 5E E 5NEET /u p, 8 FOR ALL 0� a� (� �0 �.j O �Cs° J'O �`� \ ' r F�5EME�J T5 'V .`� ti rc `►� c4 �'` \ ti v� c o>: 8 p� Gsza3 \ �J 3y� . o2 � 00. 98 7-4 Lp l P N 20-37/9 lj PAkL "E ` ro/ G o�0 b/ (� ! ✓ J 98,OZ7 60. FT. �69 �0\ �� _-- n �a l 7 4B� —0 — ��XL�; AJ t_ �7 7 \ _ � r• n (.jjr F/NAC PL. A7- ��'n`j fl o�. 10EM8R/06E NE/6NTS - f yASE -� ' SIvA h/NEE OKsr1T1Cr o -- v JOSEPH G. PACIULLI A FREOER�C.Y COUAlrY, V1,f0/N/A LICENSE No. 1629 k'EV. DEC. 5, 1989 <gtio suRVE�°� REV. OCT I3,1989 qPR/� 2(, i989 SCALE: /"=/GYM' S/IEET 7 OF /9 PACIULLI. SIMMONS & ASSOCIATES, LTP -- 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 E rigmeers, Planners. Surveyors p------_ _ _ i TEMPoRgRY T�/RN :4�Po�/ND ESiL1T W N W T � �d moo" ,,q � '� 07Ado- V 18 r SO 2 Zo rr, 29 mob. Z � 2 % 22 ' F1' ' J 27 rrlr p�IQ 3/ PA9CE1- '"E`# fiNA�- Rl-Ar 680NIA 4 F- 5EMEA/T5 `.C-M&R/®6E f E/6¢ITS - RWASE -f sHA AWEE /sr�e/cr FREDER/CfC ccw1vrr, vllrolrvI4 REV. 5EPT. 21, 1989 SCALE / "_ /00' ,4PRIL /984 l5NEE r 8 OF i9 tiPLTH OF 0�' lei, u JOSEPH G. PACIULLI a LICENSE No. 1629 AND SURV�y PACIULLI, SIMMONS & ASSOCIATES, LTD. ` 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineer!;, Planners, Surveyors 00TE 5 E E SHEET /O FOR EA5EMEA/T5 d / SEE S'N`c ACT 7 \ sz S Opp 1 g LOT 35 "Ve2.2¢ 48'E 7 97' >;-9 6 j n SEX/5rlAIC7 /O GOT 36 WATERS SEWER 12e3 j� " — �' EA5EMENT /N 1 g s( , 80 2/ m z o8. 06,2, Pc /97 /V°'/0`E e 09 S 77 //'� m 80 '/O "E N 73 i2'/B..W 3 LOT 137i .g I v SLOT l00 OT ° c� 54 P m .0,' EXIST/n/C7 /O' 8970 5Q• FT I i dS ctJ N 1 135 r ,— J05�o SO.PT r � I39.B� .,E � pRAINAC�E .V 80'09'/O" I /O'"E 4• �q Z� \ O EASEMENT /'� N O°09' 1 /3�84' N� / nl D8. 2rol, P,-, 209 �;Iglor .� 1 0 % Or 6`9 r \ m �nlo 89705Q.FT r�S r r� � �' � 0 485 5Q. F7' .vd0.09"!O"IE //500' 3 /34.g4' vl lz O 391 $ I o cA L OT 5"8 to p 1 �I 4 IN I N PARCEL C r 8970 5Q. F7 r p I� f 0 4 00 5O. FT / /Ve0°09'/o'E .ve0• 09 /o"E 34219'l9 .5. f-T W18zo �d kW gGOT 57 0 �p 70 5Q FT I o� �`oJo° �4395Q.Fz 89o' °o�'•LPh N80°09'/O"E O / ry�3/O� � S L �� 3 \� glOr 41 L 8�� �.,8 Or .5� �l o o l 0 19439 5Q. O cA 8970 SQ. F7 r l `' s) I ,v80 09_/O"E V—r34B¢'-- I �'� p o•\moo pti 30 �, $ //say $ g LoT ss o ' ;� �o� ;;�. �3 LT � )0�'f fc� O421 / p 39 50. Pr r 8970 54? PT ) 90 ' /V60. 09'/01E L07- Sg g oz l g L O T 4j 8 I° �Q 39 5Q. r '� I �I Zo-� 8970 50. FT �!m N 60 - 0T /0"E I �o�$ 69 //soo' p LOT 441 o n° I�I 439 50FT. i 8• I I NBO-09' /0"E E Sy�cETe IIy60°017,10 //500' A�=//t/AL oL AT �EMBR/OGE A/E'/GyTS - PygSE -IT SNA�vw&c-E O/STiVICT ,•REOE'R/CK COUAlrY U//P67N/4 REV. DEC. S, 1909 REV. OCT. 13 ,1989 APRIL 06, Me? SCALE /"= /00' SNEEr 9 OF P9 RL_ r n o/ s, 1 JO` PH G PACIUI_LI a LICENSE No. 1629 a�� SURVEY PACIUI_LI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 E nymeers, Planners. Surveyors NOTE: IJTiL/TY E466MENT Wit Y5 � '0 <G /Zo I N65`,34'O! E O 5�l.35' r 35 _ u �► Q< W 'N' 1 ',�_ ON I 53.0' A -- -- �E pgAjllA 37 I 25 -- (OO_ cn LU N S3 5� l Qz -- C5 s 0 3 7 Jo I /?Al�. —1-4� zo. �,� �P� 65,, o� o67 v NOCO 5a °``.' off' a AA o �23 /�JATC�IC./�tlE SEE SHEET /2 F1IVAL F/- AT- or 51�OGV/Akj E45EMENr-5 I O ,I f �EMBR/OGE' f/E/GNTS - P�vASE -� � �r i SNAI�/NEE O/STiP/CT —' -U JOSEPH PACIUI LI a , REOER/Ci`C COU.17TY, f//RG/1//A LICENSE No. 1629 (qH0 SUR��y�� TEV. OCT. l3 1989 APRIL 06, 1989 SCALE / = i00 SHEET /o pF /9 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 f nyinee►5 Planners. Surveyors IV07-E= 5EE SHEET 12 FOR A1_L EASEMEAOS ;sl) 1J .so .91 Bl9 6 `v EX15T. /O WATER ? SEWER EE50T 03 -60, PC. /-771 wmm R. ►c0 00l� 0 a t ?8S /65./0'��� /6/5g/' 8 LOT . -07 o a2.¢s 37, 7� e t s�oss� ,—�►�vo,►�� a o'8i� 20 780 - 25'SRL- ow �Q W s ¢3'33" (50'2/W) so9 cl, 03 05 `� •��- � �� � 0 Oo � w o 6, 0 w�r - m P4 34z 1 Q Q 'SQI�T ,� rli / sS.00 1 � hti --SZ. SNLOT7S v 77�7Fr, 8 N N3�CNL�NT 13 s F/A/AL PL AT X, EX l5T /0 DRA1A14GE E:5 iT 05' 04:�/ 'CPC,_ -09 � o N w 0� ( ► \ orQ n� n'�, -j 'd 16 N �3 V' W, 5 v (0 `( PEM69106E gEIG�qTS - RWASE ZI S/-/AINNEE 0/,57-R1c7- FREOE fCI- COC//V,,T Y V//PG/N/A 0 Q: L L ,zEV. DEC. 5 1989 2EV. OCT. /3, 1989 2EV, 5EPT. 21, 1989 APR/1- ?&, /9B9 SCAB. E : / '- /00' SHEE T / / OF l9 150 a s S. OSEPN G. PACIULLI Y LICENSE No. 1629 =NO SUR\4E�; PACIULLI. SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Planners, Surveyors k0 W � --__ � S O_9_SD' SO••� 3 W b1 _'— 1'615. 41 ' r� Q , Q. o� � � Q� W W °� 45 3soZ°�9, ,��°i 48 \ /o"r� A�.VA�E JW 5 �� gI.9,�6 w I CD � e 1 p�lTa��{E`f' � 09"SO' Ih Z s N 140 00 o `� ��COUiPT 8z2 e �-�--�� qN o Af Eh Z FSMr � o N 4° �.01,� log 49 �` HG oo' e 3 - DZAINAGE ESMT. o v w 8 N 1Z° g o ,y, b i 50 p I 5Z EAtsT lo' . wp I OR W ESMT. L 314.1Z' No69 85'1 Z 81.94 , : o 123 - EX/5T_ /O tdQ 72� /N DO 2&2, P� A/0 /97 ? °� S3�°QA S 17°02'OOJ of 138.2� ,50%g.,W 25 74 _ 31.84' w 30'SAN.S J 28.95' 5 . .00, �o�3p'SAN.SEW. ESMTEW. S345g�o w 297p8.- 3 ESM . 72 I '30'SAN. 7 SEW.ESMT. �s000 Q)Q /Q'E 1 / EMI 70 /v O . o Ded l,tl4C;� A --35_o A cv o � j O roo, 15 77'40 07 E — Mom_ T Y 0 00, COUP j- 75 NL�'n►Ed �' SEE --�_ ��\ MAr E� T sNEE T /4 , 0 S�(o, SEE /, F1AJAL FL AT poJOSEPHPACiO SNONIA4 EASEMENTS MBRhOGE NE/GNTS - PHASE ff S'NAA/n/EECOUAlr; V11f61A//A a REV. OCT. 131989 <qNo REV. SEPT. 2/, 1989 APRI� 2�, /989 SCALE / /G1p' SHEET /0 OF /9 PACIULLI, SIMMONS 8 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 — — 703-777-2755 478-8015 f ngirwers Planners. Surveyors 0 NOTE: 5EE SHEET /Q p,13/� FOR A LL EA5Ei�1,5AITS Q �' I �� / ��. (� Iwo % IDS 3a Wiz- }� S 3 p � b` o -�' a5 3I 6N� �� e Z f �G'`Pq• 3� � 7 j 4' g 1 10 � `�• N41' o?� �Z Z - 4 r 0 cl3 a g �q �. 16. �3 10 15 �' o. q�o°�03 Ff — A 0 e� o ��SSd p00��02 N�,3 �OT g3. 33 �' �` N 73"00 01 \ ,� �.��o•on-3 p,4RGEL � Z5 B 70' o \ ��y 3A Q \N 0.00�28.5 VA s 75"0b 00'L It .' w C1 , (J� �• OD 1 1_07- 1410 5Q.Fr r'3 1�0T I 101 � L pT � /G 40 7 SQ. Fr 3 I h� 'Aq , \a `� yo'� rn �,� 20'iy J�r22 1� / ,V� �` VJ ��` �(cl \��1 ® IV PARCEL ••G„� �o�ti� 3g 2, ? 97 —5Q. FT. j JOSEPH r PACIUltI > LICENSE No J QV. DEC. 5, 1989 16?9 REV. OCT. /3, 1989 <q'�D stjRV400� REV. ,5EPF. 21, 1962 AFRFIL :06, /989 SCALE /'=/GAO' SHEET /3 OF l4 PACIULLI, SIMMONS 8, ASSOCIATES. LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 -- — 703-777-2755 478-8015 Lj— Engineers, Planners. Surveyors F/NAL lc'/- AT �EMBR/D GE yE/cSNTS — PR'4 SE II St-4'kV'V'6E oowr;TlCT •-REDETICX COUNr r, 1//,PG/1//4 s T 169 /0& t^PT6 / 1105 U77LITY 1 /07 Eeim IZ 79 Nam, N 06 /,-'0 156.15r1 / ` \1O3 4-, 15 WA E c� E5M'T: A/06°12'01'E 45. /7' Iloz 78 N �o gl.b9 ,T n,Z 9° o. 573°00_00"W PA v� I ms - so-�•� q 114 to/ „ p„ /00 co 39 06 ' W ES' 01 77 o 64 rIle dLo �9 �.._.._ 382.46'04 8 °40'pp „ w 31b pp 0,eA /jVA (316 78 ' 46F• E ESMr 0 ��. �691�� FINAL F'L A7- j T 11 5N0Wil1W4 EA6EMEV/TS � O'� PEMBRIDGE HE/cSNTs - p yA,3E II o� -p &YA .�c AAFe 91,TrT/0 7- col-/.,vr-),7 L111rG/11/A v JOSEPH G. PACIULLI a LICENSE No. REV. DEC. 5, 1989 1629 REV. OCT. /3 /989 �Atio suRVE+o� REV. 5EPT. 21, 1989 APRIL Zlo, I489 SCALE!'_ /00, SHEET' /4 OF I9 PACIULLI, SIMMONS $ ASSOCIATES. LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners, SurveycAr 703-777-2755 418-8015 NOTE: 5EE SHEET 16, FOR ALC. CASEMENT,5 J 4 J <rz ti 0/0 cl o _ CPl 0� /O'EX/5T/NC, -- - C 9 o fig, WATER f SEGUER E,45EMEV T lit/ OB. 062, P� /97 PQRCEL E �� �-- -- —_ _ 48, 00 7 50. FT. j`���p���'(G,, 2 5' LOT // 7 '� Z N: -73 Q P o,� �/la��s��p349 w G `� 0 I 0 52 pTI bep.cm �_ w IS 5953"k/ /45 Ot� /2Z� 0 {j p� -1 �/ 73• gR4 Q 1 �5l-�`/ �I25 25E 5 s.11 9 Q� I5o 50. r� 11�1 �; 5 -.07- / 5 o �3► LI IOZS e S53'O9_/6"�/ - �t-7`Z,.�` `V k "ll 1>411� TJJ r , S 3 U, i,J t1� N I Iv•�` %b Ni n� O LOr 11 Z o C q°58 0/6 ar/sQF255 `.FT�� cry f F jq col •f 1� � Q.o/^/ l'�ARG %H�EEf r3 S F1A14z- PL AT PEI-IeR/o 6E' HE/6NrS' - RlgASE ZZ SHAw�E 101srlelcr .�iPEOEi?/C/C c6ow?-Y, vl"f611VIA 9E\/. DEC. 5, 1989 /ZEV. OCT. 13,1989 SCALE /"_ /OHO' APIRIL 0&, /989 SHEET /5 04--' /9 01 - IH U 41, u G. PACIULLI > LICENSE No. 1629 w4_0 SURVEv PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners, Surveyors 703-777-2755 478-8015 t 0 Y Zo / 2 7 pv / Z(o 553°54 43 p4 10' EX. WATER is 55.00 D.S . 262 / 19 IO'EX. DQAIN N63°31'13 231.51' I I RG EL SE ER ESMT. AGE ;ESMT. D.B .261 /209 90AINAGE ESMT. o o -- _ 41'S0'28 E r Z 2 71 29.00, t IS' DRAINAGE � 5 l� 5 hrn"� 118 ESMT. Illo /o n $ 03.47 �ZG E � 5 5�' l8 �48"E 5d.02 57. od' 119 lob Z 115 ? 120 -rY Q 0. \1Z3 Ra'dAG w COUR Rcl 34 E /L o��� 1d 3� I FilvqL Rz Ar 5/1Ol4//Nl EA5EMEit/T5 E' RE111CR/O 6171E/ 6iN rs - RIVA SE ZZ SNA/N�E O/STR/CT •-REOE,T1C1< Cov1vT >; VIAIA/IA REV. OCT. 13, 1989 APRIL 261, /9$9 SCALE / - /at?' S�1EET /� <5 �- ! 9 ot. O� 7- u JOSEPH PACIULLI a LICENSE No. 1629 _ND SURVEyi, PACIULLI, SIMMONS & ASSOCIATES, LTD.s 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 I nymeers. Planners. Surveyors 0 s Z NOTE SEE $MEET /9 FOR ALL EASEMENTS LPL L EC, L /< ��. ✓LE �F�'UR fib. SEE 5NEE7- /g OA 64 � Q, NIA V5 70.00" 5400 ,3 d0- g0, 26-E p N 5o�o.w. /"EMIR/06E Oit' /VE 9 v IT) _.v e0. 40'26 ~Av R° 55 es ° 'sB w g 71.00'— 35W'- 76 O N --- -- �l N m o a� O O N O 7060_6' 71CO' � 7054' e0.0/ S 80° 00'00"'E 7&8.20 9e P41�'CEL " C .. 350, 5i0 .5V FT_ J 0 --- -_j V g-,3lo P IC//VAL r�L AT PEIIOR106E h�E/c5�4TS - Pf,�.9 S E ZI SN.9/-�/�t/EE D/S7-R/CT .�iPEDE/F/CK COUNTY, l//iPG�/V�A \4aa�� S 77.45'26"E v JOSEPH G. PACIULLI > I LICENSE No. 1629 RE V. DEC. 5, 1909 REV. OCT. 13,1989 APR/1- 26, /989 SURVEv�� SCALE !"_ /00' S'�ET /7 CV- l9 PACIULLI, SIMMONS & ASSOCIATES LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Frigmeers, Plarmers, Surveyors L V CREE � D m NAR/ARD��O I" P/yAS� IT �j V/C/N/TY MAP /000 " SURVEYOR'S CERTIFICATE I, JOSEPH G. PACI[ILLI, A DULY LICENSED LAND SURVEYOR DO HEREBY CERTIFY THAT THE, LAND EMBRACED IN THE SUBDIVISION SHOWN ON THIS PLA? IS NOW IN THE NAME OF BROWNELL, INC., TItUSTEE, A PORTION OF A 77.018 ACRE TRACT OF LAND AS CONVEYED [N DEED BOOK 695, PC 915 OF THE FREDERICK COUNTY DEED RECORDS. TIIE TRACT IS SUBDIVIDED AND EACH LOT IS FULLY AND ACCURATELY SHOWN BY METES AND BOUNDS; THAT BEARINGS REFER TO THE TRUE ►fERIDIAN; THAT IRON PIPE WILL BE SET AT ALL LOT CORNERS AND IN ACCORDANCE 11IT11 THE FREDERICK COUNTY SUBDIVISION ORDINANCE. 4 GIVE11 UNDER NY HAND THIS Y 0 PA 4LI OWNER'S CONSENT AND DEDICATION THIS SUBDIVISION IS WITH FREE CONSENT AND IN ACCORDANCY WITH THE WISHES AND DESIRES OF THE UNDERSIGNED OWNER AND PROPRIETOR. TITLE TO THE LAND SHOWN HEREON AVESTED IN BROWNELL, LIIC., TRUSTEE, BY DEED DATED SCPTEH13ER 26, 1988, IN DEED BOOR 69le7AGE 915, "HE FREPRIUK COUVY VIRGINIA DRED RECORDS. SIGNE DATE &IF — STATE OF VIRGINIA TO -WIT - COUNTY OF LOUDOUN ) 1, Atgce/& I`. C/gr-k , a notary public in and fc#r the County of LOUDOUN, State of Virginia, do hereby certify that BRUCE BROWNELL, TRUSTEE, whose name is signed to the foregoing writing bearing date on the 2716b day of_er/, 1989, have acknowledged tl,e same before me in my County and State aforesaid. Given under my hand this 2%1�6 day of fx-i� _-, 1989. 60n Ve Notary Public FIAIAL PL AT tOS 0'41 S1/AIVAIEE O/STiF/CJ- PACIULLICOUA/TY, I//A�/N/A E No.9 R�Ey�� APRIC 0&, /9�q ,SgEE7- / GF' 19 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Planners, Surveyors APPROVED VA DEPARTMENT of TRANSPORTATION Aff C 45ATE FREDERICK COUNTY BOARD OF SUPERVISORS f � i bXT E FREDERICK COUNTY SANITATION PLANNING COMMISSION AUTHORITY A ;, '• J DATE SUB IuSI01r1 A,PPR®VED AREA 7-AB1-.IL4TION 0ATE1 ASU183401vON ADWAINISTRATOR TOTAL LOT APEA 05.1693 AC. TOTAL DUMBER OF LOT-5 I Zq STREET DEOICAT/O/V 7.203/ AC. OUTPARCEL.5 /0- 572/ AG - TOTAL AREA 50.9645 AG. NOTE5 - l.) A /O VRAINQC,E AND UTILITY EA5EMENT- DEOIC4 TED ALOn/c AND 4D,IACEAIT TO ALL RicNT-OF-NAYS. 2.) 50ILDIAlc7 SETBACK ARE A5 FOLLOW,5 FROA/T- 25, REAR- 25; 51DE6 - /O" 3) T-14E PROPERTY DEL INEA TED ON TNI5 PL.A T /5 LOGA 7-EC OA/ FREDERICK COUNTY A55ES5/11EA/T MAP NO. C-4 /P,4 RT PF lC:>4RC4eL /// AND IS ZONED RPD. Q. NO TITLE REPORT FUA-A1151-1ED FIAIA L PL A T FE'MBR/SUE NE/I?HTS - PHA 5 E -Y SHA IVA16E 0/5 reIC T' FREDERICK COUNT-Y, Vi.QGiNiq REV. 12-6-89 REv. /0-/3-89 APRIL 06,, 1989 511EE r z or= /9 Op o' U JOSEPH . PACIULLI a LICENSE No. 1629 =tiD SURYE�j PACIULLI, SIMMONS & ASSOCIATES, LTD. I 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Planners. Surveyors W iz CUMVE M,B1-E NO, SAD/US DEL rA AAV 7:/)A cyORO CARD BEAR/ems / 329.65' /5° /8" 23'" 59.Oro 4430 ' 87,60 Al 2 25.00' <66' 26'3l0' 3772' 23,49' 94.24' 3 25-CO' 51° /9'04' 22.39 12.0111 21. 65' 4 5500' 46°01'20" 44.18' 23.310' 4300' 5 55.00' 57°36' 30" 55.30' 30.24' 59.00' A/ 00'02' S7'Gc/ a .55.00' g2°36'S/" '70.94' 21. 47' 40.00' Al SO° 10'37"IV 7 55.00' 54°04'17- 5-/.90' 2807' 50.00' S SS.OV" 4Z'38's/" yp.94 ' 2/ 47' 40.00' ,s 33' 06' /5"h/ 9 SS.00 39'38'20" SOS" /9.82' 3730' 3 06' 02'20-eE /O 25.00' 5/' 19'04., 22.39' /Z.0/ ' 21 G15" S 02' //' 158"E /J 2,5.00' 170'00'00 39.27' 2;500' 35.361 S68'27'3¢ bt/ /Z 269.31' 0¢ ° /5 "22' 2000' /0.0/' 20.00' AV 64'2-7 45"Al /3 269.31' 22° 17'26' 104.77' 53Gk�,' /04. //' A15/° 06' 21"1-v 14 269.31' 2/' 23'S8" /0 ..56' SO.ag' /OO.CO' Al29'17'39'Gd /5 Z69.3/' /6° 09'.-$l5 6t53to' 4,30W' 86:00' A109°30 S2 hl 16 269.3/' 07'27'GYo' 35.02' / 7.54' /7 650.00 04'03 -5 5' 2305' -516.06' A10' 18 6SO CCY 0-52 " SOO/ ' 25. 02' S1000 ' Al 00 *-95'02 "E i9 2SCO' 69"37'01' ?9./0" 2463' .35.24' At/ ZO 199.80' 31'S9'46"' ///57' 5728' //0.13' S 75'SO'/9"E 21 2 72. 27' 07°22' 13" .,35.02' / 7. S4' 35.00' S 63 3!'33" - 2Z 272. 27' /7' 57'55' 95.37' 4304' 65-02' S 76' //'.37'(!F 23 272.27' 14° 39's4- 69.69' 3,5.04' 69. 5o' Iv 87°29'29 "E 24 222.27' 28°22'45" //O. /0' 56.20' /08.97' Al 85°.,39'01"<U 25 222.27' //•,j7' //' -.0 .0(9' 22.C-2' 95.00' N 65.39'00" Al 26 2500' 79°s/'39" 34.85' 20.'73' 32.09' N/9.5436"W 27 319.31' 13° 29'20" 7S. /7' 57. 76' 75.00' 3 02`25'09 E 2,q 3/9.3f' /0° 02,--W .55.97' 26.0--' -57,1590, '5 14° /1'GY'8" 29 25.00' 70' /8',3t;"" 306;8' 1761 ' 28- 79' S 15° 56 ' 5S5'" .30 3i9.3/' 12 a 12' 07"JGY3' /3' 7 87" 800r5-,5l- 59'11l 31 319. 3 / /O' 25' ,8" 58.09 2`7. 12' 5?qt oo' S 106 29,44 "E 32 3/ 9. 3 / ' 08' /2-' S9 "' ¢5 29" 22. 93' 4S 75' `y f9" 4Z',52 "E 33 319.31' 08° 12' 01" 45 Z' 22.89' Q�l(o' ,327.55'23"6f /3' 27" 28'" 75.00' 37.6-T 7483' cY--39'455'07"E L�: 3/9.3/ 1l6° 12' 12" '70.30' g545' 90.00' F/AA PL A of PEMBRio6E A8rl6l-17-S - RWASE 17 0 s1vAwn/EE Dlsp, Plc �REOE�eiCfC C00A1r>, IIIIVGIA1/4 u J0SEPH PACIULLI a LICENSE No. C 1629 APJP/L 2r,, 1489 SUa\jf SNEEr 3 0/= i 9 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers. Planners, Surveyors 703-777-2755 478-8015 CORVE rABL E FNO fAD/US DEL TA Ate' TAN. C1101TO C/10R,9 BE4RIXIOS -25.00' 90-00'00" "..27' 25760 35.36' S84'49'34""GV 72 685. 23' 05'S/' 20" 70.03' 35.05' 70.00' AI 59' 22'22" w 73 665. 23, 05- 146'/9" 69.Q3' 34. 54' 6900" n/65' //' /2"A/ 74 665. 03' 05036'/6" 6703' 33. 5"7' 6 7_ 00' A(/ 70' SZ'29 ti/ 75 685 23' 6 7. 03' 33. 54 " 6 7CO' .V 7a' 28 ' �{S `k/ 76 ro3513' O!" 40'g2" 740.59' 370:G' 74<G)O' S 7W•/6'04"E 77 635Z3' 055/'Qro 65.00 32.53 6d.97' 567*59'50"E 78 63523' 10'55'5d /2/.00' &0).78 /Z/.O/' S" s9-36'00"� 79 ZS.00' 90' 00'CO- 3927' Og.00' 3s 603' /0' 26'E 80 25700, 86.27"46" 37.73' 23.50' 34.25' S63-03'2771/ 8/ 2,34 99' //' 2(3"/4" g7.OS' 2360' 46.97' �t/47•- :53' V 82 25.00, S/' /9"04" 22.39' /2.01' 2/.65' A//6-34'54'w 93 .55.00' 9Z'5Z'37" 89.16' 57.83' 79.71' Al 37'21'40".AV 84 5s..00, 48'Z6'Z7" 46,50' Z4.74' 45. 13' 5 71'58'47" /V 85 5 ..00, 66'Z Z ' 29 " 6 3. 72' 35. 97' 60, 21 ' S 14 ' 34 ' 1 i' Al 86 .567700' 74° 56'35' 71.94' 42.16' 66.92' , 5 56'05' 13 "E 87 685 23' 0/' ZS'33' /6.65' 6.33' /6. 65' Al 79'S8 ' 40 "Al 88 /6405' //' 0403` 35.55' /7.83' 3S. -550' 4t 75' C&' 25 "' /w/ 8% /8405' OS•/S'S7'" /6.92' 6.46' 16.1 Al6;�6.529'26W 9/ SS.GY>' 6 rz'07'09" iO/.SS' ,j'¢,45' 589-39 ' A/ 92 55.00" -A9 7' 44"' 963C,' 2466' 45.00' S 76.42'38 93 SS.00" 48' /7' 44" ¢6.36' 24.66' AS.00' 3 .-70` 24'54 !-/ 94 S5. 00' 42•--13'00" 41/6' 2/. 60' 40.2/ ' S /5" /0'28 " E 95 55.00, 79'CZ, 33'' 75.s8' 45-77' 7000' 5 76'08'/¢"E ?!5. 00, 5/' /9'04" ZZ39' /2.0/' Z/.65' S89'S9'SS"E 97 Z34.05' /2.24"57" .50.70' 25.46' 5"0.62' .S 70.32'50'E 98 23405' OL311,55'031' /6.00" 8.00' /6. 00' S 78' 42'S4 E 99 635.23' 03. 04 , O/" .-F400' / 7. 0 /' 3400 " 6' 79'6E3' 25''E / 25.00 5/• /910¢" Z2.39' /2.01, 21as, S 67.53 :58",5 /o/ 600.oe' 05, 05 ld" 56.77 ' 05.40 5&.7¢ ' S oQ'/8' 25 "w /02 600.00' 08'Q3'd7" 91.4,E' d5.6o' q/.53' S OZ1411'06 103 600.00' 07'38'00" 80.00' 40.OG S 42026' /7"E / 600.CO- 63°54'58" 41.0/' 00.51 ' ' _7_9.9d' Q1.00' S 48.10'57"E /05 25.Gt7' 90' 00'00'" ' 27' 2S.CO' .35.36' A/ F/A14 L PL A PEMBR/OGE NE/G.yrs - lcwASE II sx,14 "mg,-- o1sr�1cT l-"REOE'R/CK COUWT y, V/RG/A//A REV. DEC . 5 ,1969 LF APeiL 0&, /%?1 SNEEr 5 O/= /q �F,AI.�r tt or -1 WJOSEPH a LICENSE No. 1629 _�O SURV PACIULLI, SIMMONS 8 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners, Surveyors 703-777-2755 478-8015 c(/RVE rAt3L E NO RAD/US OEL TA ARC TA Al C'/-/ORO C'/-/O/e0 BEAR/1VGS b6 25.00' 89°2/'3c" 24.72' 35.la' iVO4°S 7 220.16 ' /3' S/ 3Z" 53.257 26. 76' S312 ' /V 108 25.00' S/° /9'O¢'' 22.39' 12.0/' 2/.6S' A/61 09 55. 00' 20° S7'05" 20. //' /0. /7' 20.00' Al 76'3O, SB //0 55.00' 62°25'/5" 59. 92' 33.32' 57.00' /t/ 3¢644T SA6"Al /// 55.00' 43° 46 43 42.02' 22. /O' 41.01' /V /8°/6' /1" E //2 , 0' 42°38'S>" 40. `�' 21.47' 40.00' 113 55,,00' 48* /7'44" 4636' 24.66 ' 4500' S 73°02'45-",E 114 5:500' 64°,32'3/" 6/. 96' 34. --r' .58 73' S'/6 °37'38' E 115 2 5.00, S/ ° 19' 04 "" 22,39 /2.0/' 2/. 65' S /0" 00, s¢"E 116 170.16' 28°30'47" &%68' 4324' B3.8/' 8 49°SS SO'� /7 264.99' 17°3/'25" 6Z/(0' ' ¢3.92' 86.82 S55° 25'.5 'E ZZ.o0', 1.0/' 0/•49' S 4d°27'07'E //9 247. Z7' 40° 00'00- 172.63' 90.00' /69. 14' S 790 SO' 26 "E 120 625.00' /2° SO'43" /40.00' 70.29' /39. 7/' Al 00-36' O/"E /Z/ 294.3/' 73°3s'29" 377� 220.00' 35242' /t/2904S42"IV 122 &50. 00 /C0034, 35" /630-05 g4.&q / 87. 40 Al Zq,.? ' 16 'ti/ 125 18-747' 29'52'03° 97.73' .5000' 96.62' n/ 0.5'05'/2'E 124 224,90' .344*35',33' /3572 7000' /33.67' S' 77 06'12"E 25 62S500' 44° 21 ' 25 4B3.B6 ZS4 76 4 7/.67' N 2 7° S9'44 lV 26 S/° 40'00" 149.01, go.00' 1440/ Al /3° 59:34"E 27 660.Z3' 30°30'00" 35/.96' /80.00' 347.3Z' A/25',o'Al /28 209 06' 16 020'00 59.59 -50- 00' S`�-V' // 72°.30' 26 2q 247.27 25'00'06" /0q:5d 55.55 /0B.45 S 72'30'30"E 3o /9S. /6' 28.30'47" 97/2' 49. 59' 96. /2' S 49° SS'S0"E /3/ Z.59.99' 2/°S6'47" 99.59' 50.4E/" 98.96' N53`/Z'SO"'W /32 193 555-.00' SS.60 42° 4t2'4/" 4/.00' 21.51' 40,0a 336 -04'23"E S / 2 - 22'04"s✓ /34 SSGY�' 34'-�/8 33 42' 1724' -52. 90' s S/° 07.' 44"/l 1,35 /90.24' /5-s7'44" 5-3,00' 26.67' S2.83' rVo3° 51'34"1�/ 6C,Y�.00' 9�04' l9" 95.00" Q7.(o0' 94.90' S 34� aQ'S7"E 137 �35.23 3°5y37 52°o9�id"E 5 E E 514EET 15 FOR C 411'VE5 /345 - /so /VOTE: THE / ,400/ ,ERTY OEL /n/E'ATL-O ON %v/S �°LA T /S L OCAT-E0 ON Fk' PEgICK 000AI7-Y ,gssESS/' ,-Al T MAP /W &4 /'A AFT 01- PARCELS (09, (l 1, l I l A ANO /s ZONEO RPO, F'//VAL /PL AT PEMBR106E NE/6fgrS - PhiASE II S�1A Gt/NEE' O/STiP/CT .�iPEOEi?/CK COUiI/T Y, V/11F6/it//A Af'�/L Zoo, lgS9 sNEET � ct� /q O' U JOSEPH G. PACIULLI a LICENSE No 1629 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 r ngmeers, Planners, Surveyors d//r �' Q` ,V/ nV.W ,Q + so9•so'So"s TcrnP-rprQrJrrl AEs m d VJ 16so' /6/S. 4 / , S000, � ig 7. 96 '----- L.OT �AN�j Q szyi9 s ¢, .-j q(i Zoo �, Q °�j� ti i \ / 4 0 N [ O (/C1:�� \ /�� ly ` W 0� 54� / /,j 0 9/�0�99 IMP 9 8• LoT 2/r e u<< `�,tp 2 a000- rn�� h V /7.27'00"AV9w 00 / a'� ^ zos s000' 4aa0 5� �s v� Ati ti r ®L ono ,ti ,' ti cn `�� o v N RUIN PEMBR�DR.O.,�• -Su® N� � �c9� �� w EA ° 5E E SHEET �ti t9 ,�\\ s 7' 8 FOR ALL �� o ti a t/j 3 �� s�o��No) VA5EMeAT5 U ti /� a O ti � v � �$�oa F �" 9a 73 �� � •-� G/� 98,OZ7 50. FT. y69 �0\ G � 29' �� �� � ���\ tom'✓ • �✓ i•vfrr ,IN PEMBRioGE f n - -Z SNM .IVAIEE O/STiQ/CT" o -- FiPEDER/C/< couAlTY, vl ro/N/A U OSEPH G. PACIULLI a LICENSE No. 1629 k'EV. DEG. 5, 1989 <qNo suRVEv°� REV. 0GT. 13,1989 APRIL 20, /9M SCALE= /"'_ /00' .SHEET 7 OF (°1 PACIULLI, SIMMONS & ASSOCIATES, LTn 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 -- 703-777-2755 478-8015 LjEngineers, Planners, Surveyors PARGEL "E" ,=INAL Re AT' SWAV/A16 EASEMENTS PEmeRloGE gE1(5;14rs - =wAs4e -f SNA .h/NEE D/STiP/CT FRE�aE�z/e.Y COU.vr v, V1,,f01/V1A REV. 5EPT. 21, 1982 ,SCALE: / "s /00' 41CIR/L 00, /984 SHEET 8 OF' / 9 PL T H O�OF et OSEPH G. PACIULLI a L GENSE No. 1629 1141�441VO SURVEy�� PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Enyineers. Planners. Surveyors NOTE: SEE SNEET /O FOR EASEMENTS SEE SNEE T 7 r) O � , 2�9' c, 7 � "I L OT &57 I _ .vi I ez•2448'E ��T,F1o) �pT -- ��'EXIST-IVC- 10 i I LOT .36 50. T. I�® Z WA TER E 5Et/ER EASEniENT IN 8 a�T 80 2� m z oe. 2�2, Pc 197 Al 8O°o9'/o"'E S 7�%rs9"w 1 m 73 o LOT 13 -81 a SLOT 60 N `O% gQ.F 8970 5Q. Fr i �p I Rl E1C�ST/n/C� /o 35 r ID 5Y0 50.=T N I I'3q „E pRAtN�IC,E .v 80'09'_10`L I O' �9 /O E N �4° 39 \ / EA Z� P 7, 209 m 08 � $/-07 3e I 5 LOT 5 r \ m m 8`i705Q.I`T. rF l0 QB5 50. FT r l 12 //s oo' � 70 QLOT 391 $I o LOT S8 cp p ai I aSl IN I N � PQRcEL C " r 8q 70 5Q. FT r o I 10 4 ZO 5Q F- n/ao°o9'/o E ,v8o' o9'/o'E 342,979 5. FT y� d 1 4oT 4 18 kb g � or s7 b lad 8g70 5Q FT O j �Q 39 5Q.FT o �5 N E 9 o Q / O°09'/O"�/60°0 /O E VJ o 00' BLOT 4/i gl� a�lg LOT .5�0 ID o o I o �9439 5Q. j 8`�705QI��`�i .v(90ae /OE ".V80 09_/O EVB4 0 0 LOT SS 3 �� �o -�:�b. 3 L O T �A 'o � �.`�, 10 ( I�0> I�� 8970SQ. Fr N �80° 09' /o"E /VBO'09'/O•E /3484' �'° T �,�� /ism' Ig LOT Ll 8 GOT 4� g I° 443y SQ.FT. 897054.FT �Ird �v8o°o9'/o"E ' I �� r.8g' � ,ve0° 09'ioN'E L/ � - p LOr 4 , � g �1439 50FT. i 8 I Q &009' /0-i'e 8970 5Q. Fr fz I/y80°09'/OiE //5 00` F//t/AL PLAT P'X r If 0 f. REMBR/OGE" SNAA WEE O/STi?/CT 1 FREDER/Cf� COUA17-Y (///PG1i 114 J0` PH G. PACILILI_I LICENSE No. 1629 REV. DEC. 5, 1989 <gtia S„av00 9' REV. OCT. 13,1989 APRIL- Zoo, 1989 SCAC.E/"'=J(X�" SNEEr 9 OF /9 PACIUI_LI, SIMMONS 8 ASSOCIATES, LTD. --- 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 E nylneers, Planners, Surveyors 110TEE /0 Dk'4Ihl.46E 117-ILI7-Y E45EMEN7- ALONL AU �fle?W7--OF- `� WA Y5 / n� 35 /20 02 '-'m 60 59 �tu -- ,J W V 57 V i �9 F- 55 z N �5LU (71) N65',34'OJ E �\ /c//VAL PL AT �p.tT E1 op 61�OW/Alc EA5EMENTS j0E PENBR/OGE HE/GNTS - PNASE IT SNA,w"VEE OisrRicrFREOER/CK COUA17-), l//RG1N1A (vH . PACIUI LI Y LICENSE No. J 1629 J <qN0 SURVE�O� TEV. OCT. 13 1W APRIL 06, 1489 SCALE: /"= /00 SHEET /o OF /9 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 (_ -- .-- 703-777-2755 478-8015 J _ E nc)inE'F'r, Pl�vnners Surveyor,., NorE= 5EE 5NEET /Z FO,P Ai C EASEMENTS „���� J0819, 19 6- `J �1 I EX15T. /O W4T&F VT 00 -60, Pe,. W-M O� ! O O N a ,o 0 1858 . 20 78 0 3 0¢ 7' 7 ° 7"6 o �v'i Z5'BRL so •<v 33.•�f-1�3. (5o,RIW)f CbCi r 32.43 - �� O 570%SO E N w r o y�� 7/.8 nl EX i5T lO 9 D�R41AAcE m 2, 979 S 907 5q E5,* TDO, 26/ 0 Pz 0 ® S N S tv' LOT 75- 7� aR� - p3 5/ � MA1 rNr i3 sE� /F'/NAL PL AT- i F_ t EMBR/OGE o/E/GNTS - PRASE 1Z SNAA/n/E4E o/sr�icr FiPEOER/CK cc0UA1 r Y, 1//1eG1,A11A REV. DEC. 5 1989 QEV. OCT. 13, 1989 REV. SEP r. 21, 1289 SCAC. E' / "- /UD" APRI(- 0&, /9B9 61-IE'E7- / I OF /q O _ '> OSEPH G. PACIULLI a LICENSE No. 1629 PACIULLI. SIMMONS A ASSOCIATES, LTD_ 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners, Surveyors 703-777.2765 478-8015 v — W s o9_so,'50 1615. 4/ ' W o. 02j/v 47 Q61.S�e/48\,4T�Af,E Zs I .Ih2�' NI1 °19'S9"w � 20 0.5 400 " o Eh�hItu � APT 822ez ESQ Elti. . ° -G i �a° 4° ' 49 � b 5Z kD 100, Jc0 p I EX/5T. /0' . DP-AINAGE ESMT , wo I D�F//,/. ESMT. 3 I Df3 Z�/ PC7. ZO9 �. N 14°20'10"W 314.IZ' I I Ivp�9 8S"If✓ - 81.94 ,o ._ /?3' EX/5T_ /Dl147, aoo. oo _ /N Do 0&2, Pe. Q 1305 \;'232.2g'.... �l/D /97 °q4 J o? 138.2� 50 W 1 �' 577°02'00.. W-75 SAW `z 5 k. 7,1 31.$4' W J '28.95' S 0.00, 8 n ��o �P�S w) o 00'SAN.SEW30 ESMTEW. 577 °0Z'00" w 0 2°g7p8., 73 ESM 34.58 94. ? S`'Q z9, 'T'4= l5"p ig cE I -71 E SMTzt . /5000 l�,BQ�Q 06'/QE I 1 70 /V p ,1 D�Pq /Af4C,� =35.0 N N°a E5A //0 a q/N. CIi/ j 0 i 5 77°40'07 E ___ ,<<� T Y �P� o 38' C) 65 'v-� 32'E \ " 6 w 6&.00" 75 , NE �' • 'fir-~� A rC E� r l d SE"E SNEE r /4 f'► + (0, . F/AJAL PL A7- SNOW/NCB EA5EMENT5 PEMB/e/OGE ogE/GNTS — p,,q q SE IT S'NA6t/NEE O/STiP/CT FRE0ER1C1< OOUA/T Y I//�PG/N/.q REV. Xr. /, /989 REV. 3EPT. 21, 1989 SCALE /"=100? p 7 AP9I4- 06, 1989 Sf-/EET /2 OF 19 0 0 v JOSEPH . PACULI LICENSE No. 1629 =ti0 SURD IV - PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 f figmeers. Planners. Surveyms NorE: SEE SHEET /Q �. 13402`�-1LL�U�= FOR A L/. EA5E4lENp T$ S p. b o_ -1 31 10� /10 �0 �{ o- 4 1p1 '� s� �C- t- W\W . Ali 10 � � �. � GHQ • C� O VA ro) �Z 5� `z (J 07 f. t� 0f �� \� o, off, \ �, Iof o Imo, �, J �0 ��A Nil m li A� o� N � S 5 ' 0' 02 Q� � �1 % t%f '15 / ��5 q' 3,� o T I �: 5Q. oo is q a s ,-3 �D '� 53ro 3.82' 33 .00,009 7i°5/ 59..W / 0 \ . �0`or, PARC-E"L __ . q�� 9,3k Q \N j28 5 s 7j°a� a0.v 19,5/ /3G70' N 25'BRL 0S066 407 q I190�}GQn' �b cgo��1. 111410QFT s -Lp5 0�. o LOT 113 Q.5 8/°36' 20' J 22 10 ^nd v� �` o \ti � CY D(tii' �S,�� / 9s� • �ti v 33 y a� N6Z Gb'00 E PaRGEL "G„ 1 Pcb) 34 2, 7 9 7 - 50. FT.,�Q, P FINAL PL AT PEMBR/O GE h'E/6,41r S - pR,4 'E II' SNA h/NE"E O/Srlr/Or �REDE �?/CSC C0UA1T Y, 1//RG/�//4 REV. DEC. 5, 089 REV. OCT. 13, 1989 REV. 6EPF. 21, 1989 SCAL E: / '_ /GYM' 0 s Z o/ l- I: • • 1 JOSEPH G. PACIUL L-I LICENSE No 1629 J AFFIL 2(0 /98y �StJRIJ�-�C�� SHEET /3 OF I PACIULLI, SIMMONS & ASSOCIATES. LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Enymeers, Planners. Surveyors Ng� ,00„W �0 10& AL �PTc 05 l z UTILITY 1O7 \�5MT. Q) _ 382'46'04' W 3 �p0_ 02A /NA GE ES -_ Mr F/N.91- 194 A r 6#OWAAl 14 EA5EM6. 17-S REMBR/O GE HE/6,,grS - RR,4 SE II S�/AW�uEE o�sr�eicr- FREOE�?/C� REV, DEC. 5, 1969 /ZEV. OCT. /3,/989 REV. 5EPF. 21, 1989 SCALE /'=100' APRI L 06,, 1489 SHEET /4 OF /'? pRAI�lC1U� w � T. Dom$ o'oo' 90.65' ` ,- i i IDI " p" �\ 100 m ' � o` � v JOSEPH G. PACIULLI a PACIULLI, SIMMONS $ ASSOCIATES. LTD. LICENSE No. 1629 SAID SURVEJ 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 E nyineers. Planners. Surveylor �03-777-2755 478-8015 NOTE= 5EE 59EET 16,— /--OR ACC -y EASEMENT.5 ���� 10� s/ mac_ 0 , 0/0 Ap����K����:� ���� ice.• c�✓J (J) 0� /D SEX/5 T/NC 3� ��v 0 WATER E 5E6(/ER qj n J E,45EM6;T /,(/ OB. 262, P,--7 /q7 � 7 q\ 133 P,4R6EL E J Or pR �� �ch �, 5� /`�' ��e�7s 3�� w 62 o too I� u��a; ° ° 49 A W Is 0 5953'N/ �45, L p�`% /Z� o0 W j I� I I IZ5 SOoTr 116 0 g s�sa • i�"w /If OZ5 ! OFlad s4 — - cl� co 5 10, p 1� r� I S31 ►°� "IJ j � 0.0� ,I I $ o 'dLO<;� OZ�\rJ T5go8jO SQ.F p \ 95.5 co50 is /N Ef F/iVAL PL 4 r PEMBR106E HE161-1 rs - PHASE ZZ KEV. DEC. 5, 1989 REV. OCT. 13,1989 SCALE /"_ /00' S.4.9.11VKEE O/STIT/CT Cb6w—Y, VIR6/1V/A APRIL 0& /989 %.WEET /5 0 ' /9 v. of, oU G. PACIULII > LICENSE No, 1629 �1 tl SURVEY V PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Frigmeers, Planners, Surveyors 703-777-2755 478-8015 2 cry %11 ��o127 �" cry k too [ 10' EX. WATER d �55.00� D.B. 262 / 19 t 10'Ex. DQAIN _ N63°31 13 231.51' /�- DRAINAGE ESMT s 41' 29 0028"E ti /0 8 I5'DRAINAGEJ`�\ 51�0 u5 ESMT. o I l25 tt 1/9 IDI Z o� 104 \ /23 FZAIj4AL 1 tCje t� ��IZZ 500,C0� o R�� M � 3rcs sN e5' ` 50 / ' W ,,cllv4L RL �q T SNOW/Nlj EA5EMCM7 5 PEMBR/O6E HE161-lrls-PHASE.a SN A �t/rt�E O/STR/CT .��?EDER/C� COUNT y, c/%PG/AV/A REV. OCT. 13, 1989 SCALE/'-100' I I RG EL y„ SE ER ESMT. '1 I AGE !ESMT. D.B 261 /209 ��At,T E1 0E. 0: r U JOSEPH PACIULLI a LICENSE No. 1629 4 PR/L ZG, /9$q SHEET- /6 C3— ! 9 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777.2755 478-8015 E rigmeers Planners. Surveyors p' \ MOTE = $EE $MEET /q FOR ALL EASEMENTS r � fib' kj $ SEE SHEET /g 3 4,17o��, IT p O �I D �O N � � � O In � � �� Q� • 1 - \ 70.00, 54.00 9e ®7 � (9•l ®"�Aa �qti `T) Z j: S 601 g0126,1E �( 9 r k). 0/r/V67 �\\ N IT) N 80' 40'26 "W -54GYJ—7/•G�'— 35LYJ- 25 g71- /33 76' r� Qr N J N qq v N v N ° N% \ ID m la 70..66' 71CO' 70.3_4' BOO/ J \ \ /86.57' S e0° 00'00.'E I � P4RCEL "C „ \ 350, 5/0 SQ IT.60 Z6= CLf� r_=7-CR C7✓`� ����/,V%Q�i �ii�� �S77- I'CIA19L PLAT A1, r I o� PEMBR/OGE yE/6NTS - Pf�.q S E ff . s .�iPEDE�P/CK COU/VT Y, V/�G//V/A u JOSEPH G. PACIULLI a i LICENSE No. 1629 REV. DEC. 5, 1989 REV. OCT. 13,1989 SCALE /"'_ /Qo.5'1i L4=Er i7 0� !9 PACIULLI, SIMMONS & ASSOCIATES LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 --- Frigmeers, Planners, 'Surveyors 703-777-2755 478-8015 SEE SHEET l9 s� rS ;�,. �? FOR A LC EA5EMENT6 s'a 553774645E-i6.o �0 ; S37°Do 00 G�/- �00, 83,E �t/53°o0'00/-3500 553°00'00'E 35. o ' 50 < O•0 54\ / �V 2 A 39 O � 147 o 1�' C 2 p 3 `Qv Os�� P"/ o 'R cp s 20 74isQ F'i' \ � 4550 �z— 0,00 0 O h Q — `° LOr2ol \3\ _// /08-SQ F �h �•\ N O L0T/99 1 0L0r2O0�-4"= p.0 �5 00 //9495Q.FT. Q 1-3 Q/04045Q.FT, I �.Igl 38 r?Ll5 T o - 08 OD9 O D ` D' A l' 3 3 / o j E ► BZ�� \i f'g RC EL `�40.0 p /U C � q 0,5 350 (9 CU VE % L E — A/0. XAD/U5 DEC. TA ARC 7-AAIC,EIU7- 0/0RD C1/01PD BEAR/il/G 137 4/2.7/ 10'29'59" -75•&3' 37.9Z' 75.53' A/58'/5'00"W /36 41Z.71 03*33'2Z" Z5.&Z' 12.81 Z5.&I' 1\1&5616'40"jV 139 25.00' 47°06'09" 20.55' /0.90' /9.leg' IV430.30'/7';V /40 55.00 3/!39'/2" 30.36' /5,59' ,30.00 A135046146N/L/ 4/ 5.00' 54"04/7" 51.90' 6.07 50.00' A/78°38'3Z6✓ /47 5.00' Coo 4509 58.32 ' 32. 24' .55 Co2' -5 43°564-5 /43 55.00' ,54°04/7" 5/.90 28.07' 50.00' 513°97S8'25 144 .55-00' Co 60,0644/" -o3.46' 35.79' & 0.00' 5 73 3 3 ZB E /45 5 5.00, 151140.3011 /5.05 7. 57' /5. 00 A16530'57'E /4d, 05.00' S<o°Z�o2/ 4.103' /3.4Z' 23.64' �/B5°5552"E /4 7 5(a?.71 ' 07°/9 06" 46.33' Z3.20' 46-30' 5 62°//24"E /48 6Z. 7/ ' O °3/'S/ � 35.0/ / 7.52' .35. 00 5 SS °45:5� "E /41 68523 G°/6'14 0 75.00' 3 7.54' 74.'76'1 A/536/8_34 "Al /50 387.71' 22"45'00" 153.g5' 78.00 /52.g4 A164 Z2'30'A1 F/NAL PC. A T- ,067M,,5RI06E YqE/6hITS - PPY45 E fI 5//A, / EE 0/67-,,P/G7- Ff'EDER/CK COUNTY, V1,,r6/A//4 KEV. PEC. 5, )989 KEV. QW, 9, 1989 REV. OCT. 13 1989 PEV15ED : JULY l3, 1989 sG�C E /00 G l dPiP/� ZCo, /989 Sf�Er<T l8 OF / q �� PL.T Fi or �1. rUO SEPH G PACIULLI D PACIULLI, SIMMONS & ASSOCIATES, LTD. LICENSE No. 1629 _ND SUR�EJ 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners. Surveyors 703-777-2755 478-8015 ! ZO3 2oz '� I / Zol Al 53000107W Flo' a AIIVAUE i UT-WrY E�W r. �I 000 \' �L 15' DKAIIJA6E ESMT. Se- \\ \ 15'DRAIA/Q<rE m S 35 `Z6'30 "W 50. 00' �E5M'T \ VF • _ Z5'5AN/T4Ry CA5EMEA/T. / o MT.DRAWAc, f0.' 00 _ S � 10 1 �� I 4TE,Q a/Q9,( to I / ESfi l'T I 18 �� 15' I DRAWtlCE I 9d. o I Mac o ;IV -- `ems q 2 W l /5'0R4hc1AC6 Q -- o ;EL„�„ a o� o a� 53• sz9 e o'tl-6 I `J 21 (Oao e Q �-, fi saw •/s'2�" .. l3 4 N DRAINING �1.5q N6� 41'06"kM ' �Q�.6 •99 VV E ESMT. N 7.28 � :% 35.0 �S 7 715 5 Z(:�; E �//VAL PLAT 51-10WIA167 E45EMEA1 T'S EMBR/DGE h�E/c^�i�/TS — /=W ,q $ E ZI S//.9!-/NEE p/STiQ/CT 'Ev. DEC. E, 1989 'EV. Nov. 9, 1969 '.EV. OCT.13 1989 EV16ED : JULY 13,198 9 /00' APRlL 26,Ig89 slAsiEr /i Go' t q NJ, OF OJOSEPH G. PACIULLI a LICENSE No l F29 O SURVE�A PACIULLI, SIMMONS h ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Pliir ef,, Surveyors. 0 s Z D m NAR�ARD � I - PNA S� II DR m �C'--- oZ�-p V/C/N/TY MAP Q 5c4/a / /000 , SURVEYOR'S CERTIFICATE I, JOSEPH G. PACIIILLI, A DULY LICENSED LAND SURVEYOR DO HEREBY CERTIFY THAT THE. LAND EMBRACED IN THE SUBDIVISION SHOWN ON THIS PLAT IS NOW IN THE NAME OF BROWNELL, INC., TRUSTEE, A PORTION OF A 77.018 ACRE TRACT OF LAND AS CONVEYED IN DEED BOOK 695, PC 915 OF THE FREDERICK COUNTY DEED RECORDS. TIIE TRACT IS SUBDIVIDED AND EACH LOT IS FULLY AND ACCURATELY SHOWN BY METES AND BOUNDS; THAT BEARINGS REFER TO TIIE TRUE MERIDIAN; THAT IRON PIPE WILL BE SET AT ALL LOT CORNERS AND IN ACCORDANCE WITH THE FREDERICK COUNTY SUBDIVISION ORDINANCE. GIVEN UNDER MY NAND THIS ZG UA.WOE OWNER'S CONSENT AND DEDICATION THIS SUBDIVISION IS WITH FREE CONSENT AND It1 ACCORDANCE WITH THE WISHES AND DESIRES OF THE UNDERSIGNED OWNER Atli) PROPRIETOR. TITLE TO THE LAND SHOWN HEREON VESTED IN BROWNELL, INC., TRUSTEE, BY DEED DATED SEPTEMBER 26, 1988, IN DEED BOOK 69 AGE 915, HE FRE K COU Y VIRGINIA DEED RECORDS. SIGNE STATE OF VIRCINIA ) TO -WIT - COUNTY OF LOUDOUN ) G/qr-k , a notary public in and tor the County of LOUDOUN, State of Virginia, do hereby certify that BRUCE BROWNELL, TRUSTEE, whose name is signed to the foregoing writing bearing date on the 07166day of_Aeri_, 1989, have acknowledged the same before me in my County and State aforesaid. Given under my hand this 07-'h day of QFX iI ,, 1989. ) 6Zq-04-0 -t Notary Public P�M,6 /bGE NE/G•-/TS - /v�1ASE ZZ IIt�� JAN _g 1 r�icT • y, ur�i�viq ApRI1- 2&, /9�q S,gEET / Gam- I q �pj,T H OF 0 u JOSEP G. PACIULLI a LICENSE No. J 1629 J "A'vo SURVE PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Planners, Surveyors APPROVED VA DEPARTMENT OF TRANSPORTATION C6ATIf FREDERICK COUNTY SANITATION AUTHORITY J t ... DATE AREA TAB(JLATION TOTAL LOT AREA 5TrZEET DEDICAT/ON OLJT PARCEL5 TOTAL AREA 03. /893 7.203/ ID.572/ FREDERICK COUNTY BOARD OF SUPERVISORS DATE PLANNING COMMISSION DATE SUBDIVISION APPROVED JO 1 DATE —D SUBDIVISON ADWNISTRATOR AC. TOTAL NUMBER OF LOTS l Z9 AG. AG. 50.9645 AG. NOTE5 l.� A /O' ORAINAC,E AVD UTILITY EASEMENT .DEplcATED ALOAIc AND 4DJACEA/T TO ALL R/CNT-OF- NAY5. 2.) P>UILDINC 5ET5ACK ARE A5 FOL�-OW,,5= FAWA17-25, REAR-25, 51DE5-/0 3.) TINE P90P69'TY DEL INEA TED OA/ W15 PLA T /5 L064 TED OA/ Fll�'EDEe/CK COUNTY A55E65114EA/T MAP IVO. 6a PART OF f::'4RCEL /// AND IS 7-01VED RPD. Q. A/O TITLE REPORT F0,4zm51-1ED FIAIA L PL A T PEMBR/DBE 1-14E/U117-5 - RXIA 5 E -Y 5144 kVA16E 015 Tie/C T FREDERICK COUNTY, VIRC:51Ni'l REV. /2-6-89 y� `APR/L zc,, 148q 2EV. /0-13 89 ��T Fi ot, 0. u JOSEPH . PACIULLI a LICENSE No. 1629 =ND SUR'4ci; ACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Fngmeers, Planners, Surveyors 0 s z CUITVE rAal-E NO. RAO/ US DEL TA ATV 7"/-) N. C/-/ORO 01-10RO BEARM19S 44.,30 ' -55 5/ " /-V 2 25.00 66' 26'3lo" -67 72' 23.49 34. 24' N/9' 45'44'L✓ 3 25.00' S/' /9'04' 22.39 12.01 ' 2/. 6S' N 49°07'06"'E ¢ 55.00' 46'0/'20' ¢4./8' 23.31' 4300' N5/'4S'S8"E 5 5500' 57'36'30" 55.30' 30.24' 53.CO' n/ 00'02'5-7",W l0 55.00 iz2°3Ej S/' -70.944' 2J. 47' 40.CO' /V SO' /O ,37 "Al 7 55.00" 54'04'17' 5/.90' 28 07 ' SO.GO' s 5500' ¢Z'38'S/" 90 "?4 ' 0/. 47' 4000' S 33' 06' /5"/v 9 55.00' 39'38'20" 38.05 /9.82' 57SO S 0,9` 02'20"E /p Z500" 5/° /9'04' 22.39' J2.0J' 2/. ro,5' S 02' //' S8"E /! 25.00' 90' 00' 00 39 27' 2500 ' 35.3�' S 68° 27'34 -AV /Z 26 9 91 ' 04 ° /522 - 20.. 00' /O.O/' -'0. 00' /3 269.3/' 22' /7'ZG' 104.77' 53GY' /04. /1' A151006' 2/"Al /9 26 73/' 2/' 29'S8" /1.1758' 50.88' /oO.CO' Al 29'/7'39"11d 15 269.31' /8" 09'36' ¢3.04" 8500' A109°3O S2 W /6 269.31' 07°27'GYo" 3502' 17.54' .35.00' /7 650.00' 0Si'03', 5" %.09' 23.05 /8 65o.GYi 04°2sz"-v S00J' 25.02' 50.00' A/00 <5'02"E i9 25Co1 89'37'01" -T-'9/0" 2463' .35.24' AJ 43. 2/' /8"&7 20 /99.80' 3105-9'46" ///ST 5708' //O.J3' S 2/ 2 72.27' 07'22' /3" 35.02' / 7. 54' 35.00' S 22 272. 27' /7. 57'S5- 65.37' -A3.04' 85.02' 3 76' // &7'&7 23 272. Z7' 14* -- 9',54 ` 69.69' 35.04' 69. So' /V ,67° 29'29 "E 24 222.27' 28'22'49" //O. /O' 56.20' /08.97' Al 8S°39'0/"Al 25 222.27' 11',37' //" 43.OB' 22.62' 45.00' Al 65.69'00"Al 26 26.00- 79°5/'39- 34.95' 20.93' ,32.09' N/9'S436"W 27 3J9.31 /3"29'20" 7S./7' 37.76' 7S.00' ,3OZ°25'o9"E 2,9 3/9.31' /O' 02.34" S'5.97' 26.06' SS.90' S 14' //' 06 ',9" 29 2500' 70' /8'36" 3068" 17. 61' 28.79' S /S° 56 "SS"'1'V 3 3/9.31' /2" 1z'07" (:a!3.G0' &4/3' �787' S'OO�S5L;59"11/ 3/ 319. 3/ /O' 25' 18" 59.08' 2'9. 12' S-e00' S /06 23'44"E 32 3/9.31' 08 12-'S9 "' 45;T 22.93' 45. 75' d /9° 42'S2"E 33 3I9.3/ 08 ° 12' 01" 45. -D' 22.89' ¢51060' S 27.55' 23 "&� 3'g 3/9,31' /3' 2T 28' 75.Gt7' 37.l07' 7¢83' s,38'4,5'07"& 35 3J 9.3/ /6' /2 ' /2 " 90. 30' �5. 45 " 90. 00 , S Ii/vAL PL A7r PEMBR/06E h�57/61-1rs' --Py gSE II 61IAh/NEE DlsrRIcr FREOER/CI< C061A1r>, V/IPG'1/1/4 APPIL 210, 1489 SHEET 3 0/' 117 �A1,T H pF. 0' 1. u JOSEPH PACIULLI a LICENSE No. 1629 ,qNO SUR4ci°�. PACIULLI,` SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 LjEngineers, Planners, Surveyors 703-777-2755 478-8015 u CURVE 7-ABL E /?AO/ US OE /. TA ALTO 7-AA1. CI�OITO C'NO�'O BE9 iP/NGS 36 019.31, 04"S/'ZZ'" 27.0&' 19.54" 27.05' SGQ'OG'45'"E 97 079.65 03' 41" /9" /6.00 900' /8.00' S 4 4' ¢/'¢7-,e 33 212.47 20.2S'O7" 75.72' .38. Z6' 75.32' M 09.46' 40"E 1" Z/2.47 09' ZG'S6" 35.04 / 7 -5-6 1 35.00 N 05"07 22'Al 510 162.47 22'G�'//" 62.G8' &1. 73' 6Z.29' S 0/' /2'/6''/,1 4/ /6Z.47' 07-45752" 22.02' //.03' 2200" S 16'GZ9'17"!,/ 42 1?5,00' /OO'06'2/" 43.69' 29.87' 3B.34' S 70'Q5'24`,,ev 43 249.80' 14° S8 &7" 6330' ,32.8¢' //" N 6 7' /9'45 "W 44 249.80' /6- 25'44" 60-35' 40.52' 6000' N84"O/'SS"A/ 45 25.00' 65' /7'04" 31 22.23' 33.20' /V Sl° 36'/S"A/ 4r 650.00' OS' /7'27" 6O.OZ' 30.03' 60. 00' S /2' &6'27" C- 47 65000' OS'S9'Q8"' 1603' 34o5' , "�-x 9.00' N /8'/S'04"W 99 Co50.00' 07'56'23' 90.07' 4S//' 90.00" V 4/°47'4¢'/,c/ 49 650.00' 04-24'30" 50.0/' 95.02' 50.00' N 47"-56'//"At/ SO OS500' 90' 00'00" 39.27' 25.00' 3536 Al 05' /O '26 "Al 5/ /90.24' /9'40'Z2" 65,32' 32.98' 6S.00' .c129`.59'23"�s Al 12' 06' 1$"C 52 /90.Z4' 16v0/'n5' 53.0 Z1o.79' 53,0&' 53 /90.24' /0'47'26- 35. /7. 77' .35.78" "v 0'�'-•2G"42"/,/ 54 25.00' S/'/9'04"' 22.39' /Z.O/" Z/.asI N SS ss oo' 72 55 117" 70. 00 d0" 64' 65. 37 /V 03 ` 00' 59" E SG ssc o- 35' n' 25'' 33-%' 17. 54" 33.42' ,/ 51' 07' 53 "'/I/ 57 5s00' d2' 38'51 " 40'74 21. 47 d0. 00, S 56 25.00' S/° /910-�Z' 1 /2.0/' 2/.65' S 35'30'22 59 55.00' 63' 6064' 3382' 5762' S 60 SS500' S4°04 /7" S/9o' z8.O7' SO. DO' S 294 02'4rS%t/ 6/ 55.00' .54'0Q'/7" 5-/90' 98.07' SO. CO' S 83'0702"AV 62 5S500' �O' 00*CO' 5700' .3/. 75' SSGYJ' Al 39'60'S50 W l03 S5Gt7' S/' / 9 "04 "' 49. 26 ' 200.42' 4 7a--3 Al 64 25.00' S/° /9'04" 22,39' 12.01' z/ 65' All /.5°A6'42"E l05 GOO.00' 20'0Q' d9" 03Q.7/ / 18. 88 233, 20' IV 16' ZO' 23" La G6 304. (oS 3'97'0Z " /9. 43" 9• rot /9. 23 5 6Q'43 '55'E 67 55.00' 29'27'/3" 28. 27' /4.96' 27. 96' s 48' 2S'53"E 66 25001 S/° /9'04" 22,39" 12.01' 2/.6S' 5.37'29'S8E loi /40•z4' 3/'O/'07" 75,9Z' .38.92' 75.00' S 03' 90'07",W 70 /90 24' zo'.38'S3" .So.54 Zs.s5' So.27' SZ9'30'O7"A/ F/NAL / 14A7 PEMBR/OGE .0 / 16r41T,5 -f'H.9�SE 17 0 s�vAw�vEE O�sr�eicr • �>- /WE"OE/'r/CiY 000A/7-y, l///T'//V/A U J 0 S E P H P A C I U L L I LICENSE No. 1629 ^Jm �i1', APRIL Zro /98`I 'D SURVE' S•qEE7- d 0E / q PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Enyu�eers. Planners. Surveyors CURVE TA6L E NO. RAOI US OEG TA Ate' TAAt/. C'/10fRO 40/4/0/PO 6tEAR/.t/G5 71 ZS.00" 70.00'00" 39.27' Z507' ,3-536' SB-i '49'34'"Gv 72 685. 23' 05'S1 ' 20"' 70.03' 3S 05' 70.OD' 73 685. 23' OS' y�6'/9" 69.03, 34.54' 69.00' n/65' 12 7¢ 685. 23' 05036'/6" <:;-70.3' ,33 5,7' 6 7. 00' /V 70' S OS'36'16"' 67.03' .33.54 67CO' Aj 76''4;5"ti/ ZQ' r77 6'3523' Cr,'40'lZ2 " 74.0¢' .37. C. ;' 7400- 63523' 05'5/'Q6" &5-00' 32.53 6Q.97' 567*59'Sp"E 78 635.23' /0°55'5d" 12/.20' &0.78 /2/0/' S- 9'36'00-E 79 25.00' 9o-oo'00" ,39.27' 25.00, .35..36' tS05'/o'26'E 80 25.00' 86°27'4G"' 37.73' 23.50' .3SZ25' SB3'G23'Z71-/ 81 23¢ 99' //' 26'/4" g7.0S' 23.60' 46.97' A/47°--,3:33'1,V e2 25.00' Si' 19'04" 22..39' 12.01' 21.65' /1116°34.61E t! 83 557co, 9Z°5Z'37" 89.16' 57,83' 79.71' Al 37'21'40".sV 84 ssoo, 48°Z6'Z7' 46,50' Z4.74' 45. 13' S 71050'47" IV 85 SS,OOI 66-ZZ'0V 63.72' 35.97' 60.ZI' S 14034' 19' Al 86 .5500' 74' 56'35' 71.94' 42,16 66. 92' s 56'05' 13 "E 87 685.23' Ol' 23'33" 16.65' 6.33' /6.65' /V 88 04033 35.SS' /7.83' 35.50' A! 7,15-0&'26'" 89 /84.OS' OS'/S'S7" /6.92' 6.A1' 16,9/' Al 66°.56'25'w 90 25.00 S/° /9'O4 22.39 /2.0/' 2/.GS •V 3B 4U'S4'!N 9/ 55.GY0' 64'07'09" 6,/55' .j¢.45' 58.E ' N 45°04 -6 -Al 92 5s00' 98°/7' 44" %3G' 24.66' 45500' S 7B°4z'38`w 93 7500' 48' 17' 44" %. 2466' -A5.00' S 30- 24'S"4 -Al 94 55.00' 42'S3'00" 4/ /6' 21.60' 40.21' S /5° /0'26,E 95 55.00' 79°OZ'33' 75.88' 45.37' 7000' S 76'06'/4"'E -Pa 25Gb' 5/' 19,04, 22.39' / ..0/' 21.65 5 89'59'S6 97 Z3405' /2° 24'-57" So. 72' 25.4f6 ' 5-0.60' 5 70"32'50'E 98 234.05' 0-6-55'0'3 l6.00, 8.00' 16.00' S 78'42'S4 E 99 635. 23' 03° 04 " 0/" ,3400' / 7. O /' /cc 26..00' 5/0 19'0¢" 22, 39' 12.01 ' 2165' S (:-&7°53 -"A- /o/ 60o.00' os° 05" /Q" 5f�,:77 ' 28.40 510.74 ' S o j'/8 ' 05 "w /02 600.cUo' 08'Q5'd7" 9/.QZ ' Q5,e& 9/.53' s o2"d4'06 "E 103 6oO.00' 07'38' 90 " 80-00' daO6 , 79.9d S /059 600.Co' 03054'58'* 4/•0/' ' 0051 * ' Q1.00' 3 48'l2'57"E /05 2500' 90'OO'Cl7" ,39.27' 25001 .35.36' Al 8¢'4934"E ��Nl,T Fi eF REA16R/OGE NE/G•�/TS - P.yASE II 01 �"REOEi?/CK COU/t/TY, V/�'G/N/A 6UJOSEPH PACIULLI a LICENSE No. 1629 �iP/Q/L 2(0, / % Cq^D SULy REV. DEC . 5,1989 SHEET 5 O.- /9 PACIULLI, SIMMONS 8 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Fnyineers, Planners, Surveyors 703-777-2755 478-8015 p 7 CURVE TAB& E No I/Oro RA01 US DEL rA ARC TAN. CI10RO C1./O1TO BEAR/AA:FS 215.00' 89°2 /'32" ,38.99' 24. 72' 35. /G' 1VO4°5-1 '/2" 1V 7 220.16 ' /.3' 5/ '92' S3. 2S 26. 76' S"312 ' /V 108 25:00' S/°/9'04" 22..39' 12.01' A/6/°/9'S8 Lt/ 09 55. 00' 20' .57'055" 20. //' /O. /7' 20.00' Al 76.30' S9-1,V 1/0 55.00' 62°25'15" 59 92' 33.32' 57.00' A134°49' 48"Al /// 55.00' 43° -54ra' 49" 42.02' 22.10' 4/.O/' N /8°16' /1" E //Z SS.QO' 42° 38'S/" 40. 5+4' 21.47' 00.00' M 6/° 2B' SB"E 1/3 55..00' 24C6 45:GO' 5 73'02'4S'E 114 5.5.00' ,56.73' S/6°37'38'E 115 2500, S/ ° 19' 041 22.39 12.01 21. 65' S /O' Oo' s4'E //6 170.16' 28'30'47- 64(58' 4324 83.8/ S /7 2,9499' 17°31'25" 67.1&' ' 43.9Z 86.82 S,55° 25 ' 31 me 264.99' 0¢°25'23" Z0.00,, /I.ol' 21.99' 6 4X 07'07'E //9 247. 27' 40- 00'00- /72.63' 90- 00' /G9. 14' S 79° ,50' 26 "E 1201 625..00' /2° 50'43' 140.00' 70.29' 139. 71' Al 00'-R6' O/"E 12/ 294.31' 73°3s'29" 37794 Z2o.00' 352.42' .v 290 45 42'%✓ /22 &50.00 /(v°3d'35.. 100.05 94.&q 187.60 Al 2q,_0l1Co'ti/ 23 /67.47' 29°52'03" 97.73' 5000' '76.62' Al 05°05'12'E /24 224.80' .34°35'33" /35.7L7 7o-oo' 193.67' S 77°0,3'12E 25 6ZS.Gb' 44°Z/'25" 483.86" 254. 7B" 47/.87' ,V 27° S9'44'!�/ 26 /G5.24 51* 40'00" 149.01, 80.00' 14401' N 13° 59:94`E 27 660.23' 30 30'00` 354-06' /8000' &47.32' Al elf*25'�o'h/ 149 209.06' 16°20'00- 59.59' SOD' 59,39' N 72°30'24 "" Zy 247.27 25°20,06" /09.34 5.5.55 1OB.46 .570'30'30"E �rj /95.16" 28.30'47" 97/2' 49. S9' 96. /2' S 49.55'SO'E /3/ Zs9.99' Z1°.56' 47 9959" SO.4/' 132 55.0i0' SS,Q'�' S4° /O' J4" 42° 42'¢/'' 52.00' ¢/•00' 28.13' 2/.S/' SO.dB' 40.0(0' S 36' 04'23'' E S 12" 22'04"st/ 133 /35 / 190.244' �Gn.00' /5°577'44' 9 ° 04' 19"' 5-600' 95.00 26.67' Q 7 &0' 52.8.1' q 490' .rVo3° 5/'34"1✓ 5 -3 oa' S7'"E l37 �035.23 3057'37" 43.91 2G96� 43.90 S 52°04'/d"'E 5 E E 514EE T l8 FD/P C URVE5 /56 - /50 /VOTE THE P�PERTY OEL //�/EAT60 OA/ 7;WS /-L.9 T /S L OCATE'O ON FRE1ERlGK rov v1-Y A,9,SESS/59E/17- I-IAF' /titer &4 PAh?T O,- .PARCELS 109, 11l, 1114 AND 1,9 ZOivEO RPO, 1=/NAL IL A7- PEMBR106E NE/6HTS - c hgASE II S,yA AVIVEE 0167-R/Cr FREOE/?/CK COUA/TY, VIR61AI/A APR/C 2�,1939 O U JOSEPH G. PACIULLI Y LICENSE No. 1629 ENO SURVE RACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 cnyineers, Planners, Surveyors 4//r so9°sv 5o'E te--rirr1' A San161,5.41, W1 LOT 33 50.00' 11'7. 96 WD ti tioR° �' �a�3 SpFr CPI W tr so IC Asr 5 _ iA0 °h� ^ V Iv �-4 VI; s k':55, 7S 5p Zy•ZO..W oP�Ti ` • �o r. �-IMP 8 T0, tz,!,< v rQGYj' N /7. 27'CO' 'R3' So00' 9QCXJ SJ./3' �� �� �' �.�•� r(i `�° \`�: 51, Ati NN NJ-- I` RUIN PEm,69 1J ,�. ®/ Nam: d� ��4 Vq \ _q; bt/�ATER�E O 0. O E= raD ill' 17c. tl T 5E E SHEET 9 1 1 6 FOR ALL 0 N 5 �i Ind Q i�� . r N��'�--'` �� o� -�' � r 7r y E.aSEME.lrITS � N N � � ai�. � � h AY. � C' AAkCEG 'E- b`����� r�� � r✓J c: 98,027 5o. FT G�7 o _---- -AJ \ L ./ �2� `• r-, 1`fir. � ` FIAIAL PL A7� ��T Et o f 17EMBR/OGE f/E/cSNTS — f'yASE -� 0 SHA �t/NEE D/STi?/CT o -- FiPEO6R/Cf< couAl -Y, v//Po9/N/A v JOSEPH G. PACIULLI a LICENSE No, 1629 PEV. DEG. 5, 069 <qHo SURV009- REV. OCT. 13,1989 APRIL 2(9�, 1989 SCALE= /•'= /Oo' SHEET 7 OF /9 PACIULLI, SIMMONS & ASSOCIATES, LTn 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 - — 703-777-27SS 478-8015 Engineers, Planners, Surveyors rEry, ORI, Y TURN :4.f'ovND �S MT '- / it a° I ,-oc/NAL. PL AT 5wNI.Al4 EA5EME1vT6 F'EMaR/DGE — f'h/ASE -f SHA.✓NEE v1srITIcr FiF'EG'�f�/G.`t cO�UNrY, 1//�F'Y5e'/V/P4 rk4'I Ca REV. 5EFF.21 1989 SCALE /'_ /OHO' 4 PR/L 2Co, l 9B 9 SNEEr 6 0,- /9 � �,L'T o' u JOSEPH G. PACIULLI A LICENSE No. 1629 =NJ) SUR�Ev�� PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 Engineers, Planners. Surveyors m e 7 MOTE = SE E SHEE T /O EA5EMEA/7-6 SEE �'NEET 7 M9 rCyL /il/E /A3 V 6 j °09,9 -� do g COT .c I NB2°2¢Q8'Lc �J'Tc�l \ 1 66 Zi //797' ®/ �3•�p fj p� 6 y LOTI02�3 SEX15r�i 6 /O WATERS SELt/ER 89/9SYJ,C I I 3 6 EASEMENT IN s �` `b h/ D8. 26,2, P1 /97 N 80'09'/O"E S "77'/J 59 m 80' 09 '/O'"E v 79 A ""w� 3 o LOT 37i .co 4 81 � iLOT 6O N tO �. � 5a 1 � rA 8970 5Q. Fr 1 m N 139 B - m E1Cl5T/A/G /O' itJBO°09'/O"� I �3 °E pRAlN4C�E 0,0,?,9' N O°09'/O""E N�39'�° \ EASEMENT /'� V-. I - /3�8�i ' m DO 2&I, PG.1?6 w)W07 :�9 i OT s9 m m I � B q 70ti4. r-? � r�o a85 5a. �T r; 12 _ NBO'09"/O"E /Ug0"09'/0'E \� 1 /34.84' Ul \ 'ZLor 391 �I I0 LOT S8 A O PgRCEl- C \ < r 8A705Q.FT rl p I� l(04ZO.5OFT. N80'O_9_'/O"E /v80° OT /0- F 342,979 S • ff 7`4 O I�q 89 54 FT �` �\ Al60'09'/O"E 0 NB0°09'/0 O //so0' o V /s¢84' o/ / g �� qG 3 �� LOT .56 '�D' 8g70 5Q FT "�o \' o ig 19439.5Q. F r 3q ,2 `Ft� ly ,v80°09_/dE V 9V $ g LOT LT SS o I �o�.`:�. �p5;� (D� O421 Ir 8970S4? P 1. r /V Bo' 09' /o "E z \� �• s cno � 0,' a4 HBO° 09'/O`E < /3¢84 O ���' $ T� `T'�9'�- /isro" LOT Sg oz q L O T 43� 8 ° �iQ3q 6o F7.. �y 9g705Q•Fr rim NB03090•,E ' Qo)$ Neo- 09 'ioN E �O T p OT 4 I (8• L I W"go-09' /O"'E t` sEE s'S'FNr �l e IP9 8g70 SQ.FI.. I/v80'09'/OBE //SOO' ,clAl PL 4T REN8R/06E A�FI6 -/TES - PHASE -AT S1-1A1,v1vEE D/STiP/CT Fi?EDER/C/'l cou/vrY, vr/061I/14 REV. DEC. 5, 1989 REV. OCT. 13,1989 APRIL 06, /489 SCALE /"'=/00' _ SNEE7- 9 Off- /9 . Z 10` I'H G. PACIULLI LICENSE No. 1629 � Nb SUR\lEv; PACIUI_LI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 _ 703-777-2755 478-8015 Engineers, Planners, Surveyors (VOTE: /0 0kA1d4C-,E 417'IL17-Y E45EMENT .41-0AI-67 AU \ 1 ,o a° CGS / ?"v 35�Wo N- q I 53.0' )A Im 0 0 N - - ENI Ear - � � W O� em' ' � I pRal�q�E 3 7 ,25 w Q W 0 W �3 - - W - _ OOP ^. b p \ O R/oo 0 -- o -�--- / vow' W dl 65 � O u I ol / \ of d2 �'�,m Now 7 �) too y� C �23 114 1A.AE SEE SHEET /2 F/NAL PL A7- tJOSEPH H or 51- ow �(Ca E.45EMENT5REENSR/OGESHAw.vEEFREDER/CK COUNTY, V11V61N1A PACIUILIE No. 29 R�Ev�� TEV. OCT. 13 /939 APRIL 06, lg89 SCAG.E ° _ /O0 SNEEr /o OF /9 PACIULLI, SIMMONS & ASSOCIATES, LTD. -- 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 F fl(�Iflf'.f'f, FlI,illflf?IS sUIVE'�/O�S NOTE= 5EE SNEET /2 FOR Ai C EASEMENT$ „����1 8s8 . 5 EX15T. /O WAT ?'SEWER &5M'T Do 26Z, P4 /9'�' D mm ®. '—� OT .07 o a2.¢s 324 7 °n �• o 8 a lz w 20780 SO�r / Aj--� Or 76.3-7 - 25'BRL "O'f'r W1 �E G?jU�T.. � ¢3, 33 W� (50'R/W) so9 •'5 �G CO o ti . n ' O �( � ci, � (� . `I SBO/' EX/5T /O ORANA6E 0 2 9 9 907 5q EsviT DB, 26/ SQIF O s46 �/o �o�9J ) ��V�O �1�►�f��10�\ O►Qn� /�/f� ll1� ° N �i LOT 75- 25' \ v ^f \_v0 n V�y� ti/,000 s ` 4 �O 14 vi ai o N � N O 0 °o o 34 I F/NAL FL AT PEMBRioGE oq6lagrs - PRASE .ZI s SHAGV/VEE O1�5TR/CT FREOE/?k ~^ COU/V T Y V/LPG/W/A Q 0 S E P H G. P A C I LI L L I LICENSE No. REV, DEC. 5 1989 ° v 1629 REV. OCT. 13, 1989 1 > <gtio suRVEroe REV. ,5EP7-. 21, 1989 A /� 0&' /989 SNEET / l OF l9 PACIULLI. SIMMONS R ASSOCIATES, LTD- 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 -- 703-777-2755 478-8015 Engineers, Planners, Surveyors N 10 � Q. O; t, 47 Qj 48 % 0L4T\j w 5�1,Ta�R� o9-S0.5-o.. W NII°1959•'w 420� / C4U�p,7- a2z w SqN 40.00' S N se too' S0 (S a EA/5T. /0' DI?AINAGEESMT. I �w4 DRY}/1l.E5MT. 3 ► Df3 0& PC,. Z09 N14 20'10-W °314.12' 0 1 Np69 8s'I1~ 281.94 •'... o ?3. EX15T_ /O iV47�Ff S ao N It°�-23: SEwE�P MT. 400.00, _ /N DB. 2&2) Piz b ,.. Np .5 /97 g31°Q S'77°02'00 W `o? 138.27 a' /5 Q _ �31.84 _, ��30'SAN.SEw30 5AN.SEW, VIP 73 ESMESMT. %5 Q z9, /5' p1T A� � E I� -71 '• �, A/ /9�o5'/QE' I 5EM , D�'35.09", ' �P.4/�c/4r'c� � ESM'7. 15 77'40'07 E 3S.00 150 75Flr�E�T�d /4 SI.1 ; ---_ /yc.. J'2 35' S W-25ppp, 5174 S8' w 29g08 E 00'SAN. SEW.E3MT. QU\fJ 1 70 i. Ji1. \� /O atq'/'T A UT� /T Y N /�0-26 SEE SNEE� �. '�=/IVAL FL AT �P� r }{ ��F Sh(ONIA)4 Et15EMENTS �1 RE/�4Bi?/OGE HE/GNTS - P�/ASE 1I o� S/-IA/t/NEE o�srRicr ` >_ FREO .RICK CO(JAVTY V/�G�/V�A v JOSEPH . PACRA1.1 a t " LICENSE No. [); —� 1629 REV. OCT. l3 /989 C <qNo suRVEv°� REV. 9EPT. 21, 1989 APRIL 06, 1989 SCALE /"= /Gb' S.yE ET /2 OF" /9 �PACIULLI, SIMMONS 8 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 __- — 703-777-2755 478-8015 E nymeers. Planners. Surveyors NorE= SEE 5NEET Ad �. 0,13'i 5�& FOR A C- EA5EMENTs ¢.�' G 1 6 / �-P)LL 5 Of ro q fie. 3� 34 - ESQ � \ _°I S 4�• o� 31 �`SN> Of �, Z IF 10 ��'� �• 4? C� P p� NA 1O Z \ �5 70� fJ �QI .�". \r \ O \�}.QO 3 ''O�. 3 �• / Q'1 1,� �Q,� �� 3� , q�T 10 ��\� sod �,I, 0 T �n �q , �, o SQ- R. Ih �-' N ,3 N $ ti6 .�oR I�y��� tom\ ?r �o��(h1� 109 i `` J'�� �Q( y�F E o_o-p �'j\Syd 1��Op'102� ��� d /mom I or 78 ��3, � Nm T w. 5 00 3 \ a 3 �� 53io9.82' . f 5 99`/7 �•Fr. \�_�3q i+h� af,/�.� � � qg0 �r o.l "'E N73°00'00"9 $ 7/e51,59,.w / t✓0 � \ -- $\��0`0 6-3 P14RGE,L i3�. 70' 'I 5 3 /go s 73 -0_0 �r. GOr / N S�3 10 ie9.37' f 3q 107113 ` 4q'�/RcZ,. �b- 0� is 40 7 so. Fr 3�. 15 / 05 1 d9 �$ 0& hn ,� A "'' R' S 8/ •36' 2a ;ry ./ter 22 1 b l� l, o �` A. p�° \�A',� LID V o p� �9 Gb'00'E PARCEL ,342,797 -5o. FT. AIA49L 191-AT OEMB/P/O GE /yE14F1-1 rS — RR,4 SE AT SWA.AVA/EE vi<S'TR/CT FREOE'?/CX COvAIr' r VllrG/Av1.9 PEV. DEC. 5, 1989 REV. OCT. /3, 1989 REV. 5EPF. 21, 1989 SCAC. E: / /Co' 0/. JOSEPH G PAGRA 0 > LICENSE No 1629 APRI� 2�, /989 4NO SURVEvnP SHEET /3 OF /4 PACIULLI, SIMMONS & ASSOCIATES. LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 F rigmeers. Planners, Surveyors R I; z sI0& r✓ s� . ATc / 105 ?A*-10' ORAIA144 I l 4 U7-IUTY 107 E5MT.Vp 106 79 \ N�� 1v 06 ° 10,01�" 156.15r/� /YA \1O3 a, 15 WAI E m / E5M'T CA-1111 S-3 A106°/2'0/"E 45• l7 " 78-- N 5 r .00 -73--7VW _.J i I14 lot qj l00 \ 113�?8`-gN�c, N\ 99 39 06sEp WES 89 0 / 77 /� o 9ti� 06Us T W may. , �` T -76 QG S" v 83 ti I . In -- TO Gv Ng9 44 - L-382*46'n4_•' w C 0 0D.. W. 316.00 D/�A /1Vq GE 168.78 ' ESM r :7 ,69Z�ki F/NAL oL AT - 590WAIl EA66AJ61V T5 �, i } i o� ev pk5 ` 45R/OGE h'E/6.yT.S-'PRASE SNA �c%uE'E oisT�eicT- FREpER/CX COUNT'Y, 1//iPG/N/.9 v JOSEPH G. PACIULLI a LICENSE No. REV. DEC. 5, 1989 1629 2EV. OCT. 13 /989 <Atio suR�E�°� QEV. 5EPT, 21, 1989 ,gPRIL Z<o, /989 SCALE / /GYM' SHEET 14 OF l9 PACIULLI. SIMMONS $ ASSOCIATES. LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 F rigmeers, Planners. Survey('k - bLE, 51JEET 16, — I' -OR AUL EA6EME-Al T,5 61'— p� , cs�, c4 ��; �jo J -"8 !gip .� 6 ✓J (J) t ����s �3• ,�,��� O�� � � /D 'F_ X/5T/Nla t�� 0852416 ,AIT /AI 97 -'��. ••c�' Oq O N G � ' 11 P4R6EI— E ,-- g6,007 50. Fr. �- ' 9VARO -- \h Ln 04 306� _— \0 �G,2 5' Y� \ LOT 117 V, �r PAP 0� c� 1� ' A0 k 0 �OQ/ 2 ZO 1 03 e pr� �0 W \r QI I"W p �j S5953 �85 z8' � ti �� \` W I 1 Z5 zs o� 1535o 5p P I Iq R �L 0 //5 1 , 8 ssa • 09 ���w W � !�341 FT.. CAS Z (� Al /O`� A 5a Ell T 55t � 22 co I.,ff 'jJ O �� '0N � �53 � Vm a1.a213 b i \ 1��8 5 1 I0z � , ,c� \�\\ Lpr I r 2 OP c» q° 5� p L� r /ZQ E�\ p \28 255 50. Fr. NJ CO Al qg MAR Nt�Et ►3 _ — __ J_ SEE i REMBR/06E 11,E16y7-S - f'NASE 27 KEV. DEC. 5, 1989 REV. OCT. 13,1989 SCALE P'= /00' SNAGcIit/EE O/STD/CT C00.1T y, V1A:611V/4 APRIL 0&, /q8q S.yEET /5 0'= /q a o U JOSEPH G. PACIULLI p LICENSE No. 1629 1\N� SURVEY j PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners, Sorvevors 7, 703-777-2755 478-8015 crZ cry %1A Zo / 2 7 1 PARC EC. „ I E 55 .p0 � 10 p g . 262 %I 9'] E E R ES IVIT. I / no A, it, IESMT. D,9.261 /2091 t.lo Ex 231.51 ' 92AINAGE EWT. o FIAI,4l— PL Ar 51-10WIVe7 EA6EMEn/715 f'&1k*1,5R106,E NE'/6.yrs - PyASEZZ SNAIVIi(E-E O/STR/CT RFV. OCT. 13, 1989 4FR/1- 26" /9$9 SCALE / - /a7" SzIEET /6 6K / 9 ??"I V - 5g. 1110 Sr'°/8'48"E 57. a? ` 115 /12 �i14 a � 0' , '. u JOSEPH . PACIULLI ra LICENSE No. 1629 =NI) SUR\iEy-_% PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 703-777-2755 478-8015 E nymeers. Pl avers. Surveyor,, NOTE FOUR fib• � R/65 I N7oQj00.90 / �s 3�? �•. NIA 70.00, 5400 50',�o w F'E-�y6tR/06E OAP/ v 9�¢ SEE 514EET /9 FOR ALL EASEMENTS SEE 5NEET /g I • E Qv Qi OV N \Ns . � o "J 70..4010' 7/00' 703_4' eo.0/ 786.57' \ X S 80. 00'00"E 7l08.20 9./ P41?CEL "C " 350,5/0 ,5Q FT. ) 00 Q S� S85°°/5Z6 cf� �° `b: f i/8 �577 //VAL PLAT PEMBR/OGE' -1 E161-lTS — P//.9 S E IT S.4AIAIAIE67 OIS77e10r .-iPEOE'/P/CK COUNTY, v/l�'G//v/.9 FE V. DEC. 5, 1989 REV. OCT. 13,1989 APRIL 26, /v89 SCALE /'•_ /00' S'f,�E7' /7 G>- /9 ,26 "E VJ(O,SEPH G. PACIULLI LICENSE No. 1629 SURVEi; PACIULLI, SIMMONS & ASSOCIATES LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 Engineers, Planners, Surveyors 703-777-2755 478-8015 NOTE: ' co,, 5E E SNEE T l9 !_ == 08 4#0 qe EO/? 4 LC EA5EMENT6 / s3s� ✓✓ 5534�45'E-/�.0 O -, 597000"00 6L/- 5. 00 Q 8 N53/.35. �00"00 1-00 � .553000'0O'E-35. O r30 ✓4 197j V 4 o 116 z o sp 3 �o V , �O z3 O 00 li o0 , o (45 s . 141O p e'OT �� ., Q, dyes 0 ?207415l�JF`'1v 142\ SSO / �'��.=� 01 0 O 1 _ LOT 201 il)' � g /k LOT/99o� r ��OTZaO�-4� �� p o //9495 FT. Q /04045Q.F7, ql. 8 -T- T"7 -- 3 �-,- �4Ooo0NZ� 5 �3q,QC. EL q ,c/ ogees oQ C - 350 5/0,� �(9 E 7`74'io C U VE T L E - A10. RADIUS DEL TA Af�'C 7AA166 Y T C/,DRD CHORD BEAR1A dlC- 1374/2.7/ 10"Z9'59" -75.&3' 37.92' 75.53' N58'15'00"W /36 412.71 03'33'22" Z5.&Z' 1Z.8/' Z5.&J' /VCo5*/6'40'VV /3 9 25.00' 47°06'09" 20.55' /0.90' /9.98 /V43°.30'/7'G✓ /40 55.00 31°39'/2" 30.36' /5.59' 30.00 IV3.504614816✓ 141 S OO' 54°04 / 7" 5 /. 90 ' 6. 0 7 50. 0 0' A178 °38'32 6✓ /42 5.00' &04509 .56.32' 32.24' ,�5. 6Z' -5 40*-5G 45i✓ /43 55.00' 54.04 / 7" 51. 90 28. 07' 50.00' 5 /3°27 �5B 1�5 144 .55.00' 66"664/" 63.46' 35.79' &0.00' 573 3328 E /45 55.00' /54030" /5.05 7.-57' 15.00 N1a532',57'E 146, 25.00 56'02*'2/' Z¢.63' /,3-fZ' 23.64' /4 7 3&Z.71 ' 07'/9'06" 46.33' Z3.20' 46.30' 5 6?-'/1244 "E 146 62.7/' 05"3/'5/ 35.0/ /7.52' 35.00 55545:S�v"E /49 1 Ce8523 1 6,°16'/6" 75.00' 37.54' 74.96 IV5.3°18'34"Al /50 367.71' 2-2°45'00* 153.95' 78.00 ilfgffl A164 Z2'3O'A1 F//c/AL PL A 7- IO&W25R106E //6161 /T5 - -, h14,5 E II 511A N11.1 E 0/6T1f1G T F,f'EDE/P/CK COU/VTY, 111,'61/t11.4 KEV. DEC. 5, ITI REV. rJOV. 9, 1989 REV. OCT. 6 089 PEV16ED : JULY 13, 1960) 5C.4C E .41r�P . 2<0, /98`7 51EE7' / 8 0,— / 9 ��.AT T 11 nt �1 r0 V SEPH G PACIULI.I a PACIULLI, SIMMONS 8 ASSOCIATES, LTD. LICENSE No. 1629 'VO SUR4EV�/ 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 F rigmeers. Plarmers, Surveyors 703-777-2755 478-8015 Z03 , �\ 201 'v 5300000"/0 0 A/MAUE4 UT/L/TY E-,vr'T jl 35.00" -- \ 000 \� q-, 15'09AWA6E ESMT. 15'DRAl�t/t1�E m • S 35 °Z&' 30 " W 50. 00' � � ��j E5M'T /5.G,O Z5 "SANITARY SEWER k1s - H EASFJVIENT. / / p TQc, 10.0' f99 1 p moo` v o N 0 to II _ � 1 ICC6 Q I c o coo INlC:)ap / N 29- I N 35 i o" 99 w `35.0' ,577 Z6 ,'=//t/AL R/ AT 5N04t/IA16 EA5E44ER/7-5 PEMB/P/OGE h�E/6,4TS - Ph/ •-9 S E II SN.9L1/�t/EE D/STiP/CT ��PEDE'Fc'/CK COU/VT y, V/�G/il//.9 .EV. DEC. 5, 1969 'EV. NOV. 9, 1969 '.EV. OCT. 13 1989 'EVISED: JULV !3d96 APR/L 2ro,/q89 5C•91-E: /'_too' .. - sx L--'ET /9 c-* !q 1$ E Nl,T N OF O U JOSEPH G. PACIULLI a LICENSE No 1r29 =ti0 SURVEY PACIULLI, SIMMONS 81 ASSOCIATES, LTD. 305 S. Harrison Street, Suite 200, Leesburg, Virginia 22075 E nyineers. Planners. Surveyors, 703-777-2755 478-8015 r THIS DE'-n OF SUBDIVISION AND DEDICATION AND EASEMENT is made � s, ;FG h day of December, 19B.9 by BROWNELL_, INC., TRUSTEE, a Virginia corpora tion, (hereinafter "Grantor") , VIRGItt!IC DrF'A%TME!`.!T OF TRANSPORTATION, a body corporate and politic, (hereinafter "VDT") and FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic, (hereinafter"FCSA"), and PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION, a Virginia corporation and James P. MCALEER and Patrick M. GALLAGHER, TRUSTEES (hereinafter "Trustees"). WITNESSETH: WHEREAS, Grantor is the owner of a tract of land, being a portion of the same land conveyed to Grantor by deed dated September 26, 1988, and recorded in Deed Book: 695, Page 915, among the land records of Frederick: County, Virginia, which property is located in the Shawnee Magisterial District, Frederick County, Virginia (hereinafter"Property"), said Property is more particularly described and set forth on a plat prepared by Pacuilli, Simmons & Associates, LTD., C.L.S., entitled "Final Plat, Pembridge Heights - Phase II" dated December 6, 1989 attached to this Deed and made a part hereof (hereinafter- "Plat"); and WHEREAS, by Deed of Trust dated October 19, 1988, and recorded in the land records of Frederick County , Virginia at Deed Book: 695, Page 921, the property was conveyed to James P. McAleer and Patrick: M. Gallagher, Trustees securing Equitable Federal Savings and Loan Association, Noteholder, in the original principal amount of Three Million Four Hundred Sixty Thousand Four Hundred and No/100 Dollars (­?, 4'-60 000. 00) and it is the desire of said Trustees to execute this Deed evidencing consent thereto and to release the lien of said Deed of Trust as it applies to easements, rights -of -way and common areas created and dedicated herein; and WHEREAS, it is the desire of Grantor to create easements as set forth on the attached and incorporated plat to facilitate the development of the Property; and WHEREAS, it is the desire of Grantor- to dedicate to public use for street purposes that portion of the Property shown and set forth on the attached and incorporated Plat; and WHEREAS, it is the desire of the Grantor to convey to the Pembridge Heights Homeowners Association certain parcels as set forth on the attached and incorporated Plat. NOW, THEREFORE, THIS DEED WITNESSETH, that for good and valuable cons derat_on, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby subdivide and create Lots 16 -13E, 166-169 and 196-203, Pembridge Heights, Phase II as set forth on the attaches, and incorporated Plat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain and convey to VDT and dedicate for public street purposes that portion of the Property set forth on the attached and incorporated Plat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create, bargain, sell and convey to FCSA a water and sewer easement as set forth on the attached and incorporated plat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create, bargain, sell and convey to the VDT a storm drainage easement as set forth on the attached and incorporated Plat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create, bargain, sell and convey to the Pembridge Heights Homeowners Association, Parcels C, D and E containing 10.5721 acres as set forth on the attached and incorporated plat. WITNESS the following signatures and seals: BRCWNELL, IN . 9 STEE BY- � ,(/(j c.� ,/L�*--. (SEAL) ruse M. Brownell, resident L) P tom!/_i _ Gfil 1 aahez , / Trustee ,Xmes P./McAleer, Trustee STATE OF 4IIRGINIA COUNTY OF LOUDOUN, TO -WIT: Ack:nowledged before me this day this o2d'4 day of December, 1989 by Bruce M. Brownell, President of Brownell, Inc. �?___ ar_� Notary PLjjKlic My Commission expires: STATE OF MARYLAND COUNTY OF MONTGOMERY , TO -WIT: Acl•::nowlec:iged before me this day this day of January 1990, by James P. McAleer, Trustee. --�— , No' My Commission Expires: 7/27/93 J,l STATE OF VIRGINIA 'COUNTY OF FA I RFAX , TO -WIT: 6 � � Acknowledged before me this day day of January , 1990 , by Patrick M. Gallagher, Trustee, My Commission Expires: Ift COMMhdaa Expiras July 31, 1993 3 Notary Public �. DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this day of , 1988 by Brownell, Inc., a Virginia corporation, (hereinafter sometimes called "the Declarant") W I T N E S S E T H: WHEREAS, Declarant is the sole owner of certain real property located in Frederick County, Virginia containing acres, as more specifically described in the metes and bounds description attached as Schedule A to the Deed of Dedication, subdivision, easement and conveyance recorded immediately prior hereto, to which Deed of Dedication, Subdivision, Easement and Conveyance and this Declaration is specifically made a part; WHEREAS, Declarant desires to create on the Property a residential community with permanent open spaces and other common facilities for the benefit of the community, and such other areas as may be subjected to this Declaration by Declarant, and for the maintenance of the open spaces and other facilities and, to this end, desires to subject the Property to the covenants, restrictions, easements, conditions, charges, and liens hereinafter set forth, it being intended that the convenants, restrictions, easements and conditions shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title, or interest in the Property or any part thereof, and shall inure to the benefit of each other thereof: WHEREAS, Declarant has deemed it desirable for the efficient preservation of the values and amenities of the community to create an association which shall be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collection and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused to be incorporated under the laws of the Commonwealth of Virginia, as a non -stock, not -for -profit, corporation, Pembridge Heights Association, for the purposes of exercising the aforesaid functions. NOW, THEREFORE, Declarant does hereby declare that the real property described in Schedule A attached to the Deed of Dedication, subdivision, Easement and Conveyance recorded as aforesaid, shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, conditions, hereinafter set forth, which are for the purpose of protection the value and desirability of, and shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Pembridge Heights Homeowners Association, its successors and assigns. Section 2. "Property" shall mean and refer to that certain real property hereinabove described, and such additions thereto, if any, as may hereafter be brought within the jurisdiction of the Association, in accordance with the terms of this Declaration. Section 3. "Common Areas" shall mean all real property with appurtenant thereto (including any improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association and being initially composed of as the same is dedicated, platted and recorded immediately prior hereto among the land records of Frederick County, Virginia. Section 4. "Lot" shall mean and refer to any numbered plot of land shown upon any recorded subdivision plat of the Property, but with the exception of the Common Areas noted hereinabove and areas dedicated as public streets. Section 5. "Member" shall mean and refer to every person or entitv who holds Membership in the Association. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the property including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "Declarant" shall mean and refer to Brownell, Inc., it successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development, and the owner of any other property which might be annexed under the provisions hereof. Section 8. "Dwelling" shall mean and refer to any building or portion of a building situated upon the Property and designed and intended for use and occupancy as a residence. Section 9. "Mortgagee", as used herein, means the holder of any recorded mortgage, or the party secured or beneficiary of any recorded deed of trust, encumbering one or more of the Lots. "Mortgage", as used herein, shall include deed of trust. "First Mortgage," as used herein, shall mean a mortgage with priority over other mortgages. As used in this Declaration, the term "mortgagee" shall mean any mortgagee and shall not be limited to institutional mortgagees. As used in this Declaration, the term "institutional mortgagee" or "institutional holder" shall include mortgagees which are banks, trust companies, insurance companies, mortgage insurance companies, savings and loans associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all corporations and any agency or department of the United States Government or of any state or municipal government. As used in this Declaration, the terms "holder" and "Mortgagee" shall include the parties secured by any deed of trust or any beneficiary thereof. Whenever in this Declaration any action is required to be taken by a specified percentage of "each class of the then Members" of the Association, then such action shall be required to be taken separately by the specified percentage of the then outstanding Members of each class of the Association. Whenever in this Declaration any action is required to be taken by a specified percentage of the "then Members" of the Association, then such action shall be required to be taken by the specified percentage of the then outstanding cumulative Membership of the Association. ARTICLE II Section 1. Property Subject to Declaration. The real property which is, and shall be held, conveyed, hypothecated or encumbered, sold, leased, renter, used, occupied and improved subject to this Declaration is located in Frederick County, Commonwealth of Virginia, and is more particularly described on "Schedule A" attached to the Deed of Dedication, Subdivision, Easement and Conveyance recorded immediately prior hereto, to which Deed of Dedication, Subdivision, Easement and Conveyance this Declaration is specifically made a part. Section 2. Additions. Within seven (7) years from the date of recordation of this Declaration, additional property may be annexed by the Declarant to the above -described property without the consent of the Class A Members of the Association, if any. Any annexations made pursuant to this Article, or otherwise, shall be made by recording a deed of dedication, and subdivision, among the land records of Frederick County, Virginia, which deed of dedication and subdivision shall extend the scheme of this Declaration to such annexed property. Such annexations need not be made by the Declarant; provided, however, that any such annexation accomplished by persons other than the Declarant shall have the consent of the Declarant. So long as any Lot is encumbered by a deed of trust or Mortgage which is guaranteed by the Veterans Administration or insured by Federal Housing Authority, no annexation shall be made pursuant to this Articles, or otherwise, except following a determination by the Veterans Administration and/or Federal Housing Authority that the annexation conforms to a general plan for the development of the community previously approved by the Veterans Administration and/or Federal Housing Authority, except following the prior written approval of the Veterans Administration and/or Federal Housing Authority. Such general plan for development, however, shall not bind the Declarant to make any of the additions to the Property which are shown on such plan or to improve any portion of such lands in accordance with such plan unless and until a deed of dedication and subdivision is filed by the Declarant for such property which subjects it to this Declaration. ARTICLE III MEMBERSHIP Section 1. Every person or entity who is a record owner of a fee or undivided fee interest on any Lot which is subject by covenants of record to assessment by the Association including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one Membership for such Lot owned. 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. Section 2. The association shall have two (2) classes of voting Membership: Class A: Class A Members shall be all those Owners as defined in Article I, who own and hold title to a Lot upon which a single family detached dwelling unit is or can be constructed, with the exception of the Declarant. Class A Members shall be entitled to vote for each Lot in which they hold the interest required for Membership by this Article. When more than one person holds such interest in any Lot, all such persons shall be Members The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. In the event of annexation of additional properties, Class A memberships shall arise with respect to such additional properties upon recordation of a deed of dedication and subdivision among the aforesaid land records which deed of dedication and subdivision shall extend the scheme of this Declaration to such annexed property and upon acquisition of a Lot by an Owner. Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by this Article, provided, however, that the Class B Membership shall cease and be converted to Class A Membership, on the happening of either of the following events, whichever occurs earlier: (a) When seventy-five percent (750) of the Lots in the Subdivision are acquired by individual owners; or (b) Three (3) years after sale of the first lot to an Owner other than Declarant; provided however, that in the event of annexation of additional properties, Class B Membership shall be reviewed with respect to those Lots contained in the annexed property; which Class B Membership shall cease and be converted to Class A Membership, on the happening of either of the following events, whichever occurs earlier: (i) When seventy-five percent (75a) of the Lots in such annexed property are acquired by individual owners: or (ii) Three (3) years from the date of recordation of the deed of dedication and subdivision for such annexed property. ARTICLE IV Section 1. Member's Right of Enjoyment. Each Member, in common with other Members, shall have a right and easement of enjoyment in and to the Common Areas and community facilities and such easement shall be appurtenant to and shall pass with the fee title to every Lot subject to the following: (a) The right of the Association, in accordance with its Articles of Incorporation and By -Laws, and with the consent of sixty-seven percent (670) of each Class of the then Members of the Association, voting separately, to borrow money for the purpose of improving the Common Areas and community facilities in a manner designed to promote the enjoyment and welfare of the members and in aid thereof to mortgage any of the Common Areas and community facilities; (b) The right of the Association to take such steps as are reasonably necessary to protect the property of the Association against mortgage default and foreclosures; provided, however, that the same are in conformity with the other provisions of this Declaration; (c) The right of the Association to adopt reasonable rules respecting use of the Common Areas and Community facilities to reasonably limit the number of guest of Membership to the use of any facilities which are developed upon the Property: (d) The right of the Association to suspend the voting rights and the rights to use the Common areas and community facilities for any period during which any assessment remains unpaid and for any period not to exceed sixty (60) days for any infraction of any of the published rules and regulations of the Association; (e) The right of the Association to dedicate or transfer all or any part of the Common Areas or community facilities to any public or municipal agency, authority or utility for purposes consistent with the purpose of this Declaration and subject to such conditions as may be agreed to by the Members and further subject to the then existing laws and applicable ordinances; provided, however, that no such dedication or transfer or determination as to the purposes or as to the conditions thereof, shall be effective unless sixty-seven percent (67%) of each class of the then voting Members of the Association consent to such dedication, transfer, purpose and conditions, at any special meeting of the Members duly called for such purpose. (f) The right of the Association, acting by and through its Board of Directors, to grant licenses, rights of way and easements for access or for the construction, reconstruction, maintenance and repair of any utility lines or appurtenances, whether public or private, to any municipal agency, public utility, the Declarant or any other person; provided, however, that no such licenses, rights of way or easements shall be unreasonably and permanently inconsistent with the rights of the Members to the use and enjoyment of the Common Areas and community facilities. (g) The right of the Association acting by and through its Board of Directors, to enter into agreements whereby the Association acquires leasehold, Membership or other possessory or use interests in real or personal property for the purpose of promoting the enjoyment, recreation or welfare of the Members of the Association and to declare expenses incurred in connection therewith to be common expenses of the Association; and (h) The right of the Association, acting by and through its Board of Directors, and its agents to enter a Lot and a Dwelling or other improvements located on a Lot to perform emergency repairs; and Section 2. Delegation of Right of Use. Any member of the Association may delegate his rights to the use and enjoyment of the Common Areas and community facilities to the Members of his family who reside permanently with him and to his tenants, contract purchasers and guests, all subject to such reasonable rules and regulations which the Association may adopt and uniformly apply and enforce. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Annual Maintenance Assessments. The Declarant hereby covenants and each person, group of persons, corporation, partnership, trust or other legal entity, or any combinations thereof, who becomes a fee owner of a Lot within the Property, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay the Association Annual Maintenance Assessments as hereinafter defined, in advance, in monthly installments equal to one-twelth (1/12) of the Member's proportionate share of the sum required by the Association, as estimated by its Board of Directors, to meet its annual expenses (herein elsewhere sometimes referred to as "Annual Maintenance Assessments") including but in no way limited to the following: (a) The cost of all operating expenses of the Common Areas and community facilities and the services furnished to or in connection with the Common Areas and community facilities, including recreational facilities, including charges by the Association for any services furnished by it; (b) The cost of necessary management and administration of the Common Areas and community facilities, including fees paid to any Management Agent; (c) The amount of all taxes and assessments levied against the Common Areas and community facilities; (d) The cost of liability insurance on the Common Areas and community facilities and the cost of such other insurance as the Association may effect with respect to the Common Areas: (e) The cost of utilities and other services which may be provided by the Association including snow removal on the Common Areas and community facilities; (f) The cost of maintaining, replacing, repairing and landscaping the Common Areas, including, without limitation, maintenance of any storm water channels or the like located upon the Common Areas and the Cost of the maintenance of all pathways and any retaining wall upon the Property, together with such equipment as the Board of Directors shall determine to be necessary and proper in connection therewith, including but not limited to the subdivision's entrance sign/monument; (g) The cost of funding all reserves established by the Association, including, when appropriate, a general operating reserve and a reserve for replacements;. (h) The cost of any leasehold, Membership or other possessory or use interests in real or personal property arranged by the Association for the purpose of promoting the enjoyment, recreation or welfare of the Members of the Association; (i) The carrying out and enforcing of this Declaration, including but not limited to court costs and attorney's fees; In addition, each Lot Owner agrees to contribute to the working capital of the Association a sum equal to two (2) months of the maintenance expenses attributable to the Lot at the time the Lot Owner acquired the Lot from the Declarant. The Board of Directors shall determine the amount of the maintenance assessment annually, but may do so at more frequent intervals should circumstances so require. Upon resolution of the Board of Directors, installments of annual assessments may be levied and collected on a quarterly, semi-annual or annual basis rather than on the monthly basis hereinabove provided for. Any Member may prepay one or more installments on any Annual Maintenance Assessment levied by the Association, without premium or penalty. The Board of Directors shall prepare, or cause the preparation of annual operating budget for the Association which shall provide, without limitation, for the management, operation and maintenance of the Common Areas, The Board of Directors of the Association shall make reasonable efforts to fix the amount of the Annual Maintenance Assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time prepare a roster of the Lots and the Annual Maintenance Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner upon reasonable notice to the Board. Written notice of the Annual Maintenance Assessments shall there upon be sent to the Members. The omission by the Board of Directors, before the expiration of any assessment period to fix the amount of the Annual Maintenance Assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Member from the obligation to pay the Annual Maintenance Assessment, or any installment thereof, for that or any subsequent assessment period, but the Annual Maintenance Assessment fixed for the preceding period shall continue until a new maintenance assessment is fixed. No Member may exempt himself from liability for maintenance assessments by abandonment of any Lot belonging to him or by the abandonment of his right to the use and enjoyment of the Common Areas and community facilities. Except as may be specifically provided for herein, this Declaration does not contemplate that the Association shall have any responsibility for the maintenance or repair of the dwellings or their appurtenances and the responsibility and duties of the Association for maintenance and repairs shall be limited to the Common Areas and community facilities. The Owner of any Lot shall, at his own expense, maintain his Lot and dwelling, and any and all appurtenances thereto, in good order, condition and repair and in a clean, sightly and sanitary condition at all times. In the event any Owner shall fail to maintain his Lot, dwelling and/or appurtenances thereto, as aforesaid, the Association shall have the right, after thirty (30) days notice of its intent to exercise this right to the Owner, to make the necessary repairs and/or maintenance to the Lot, dwelling and/or appurtenances thereto, and to charge the cost of such repairs to the Owner, which amount shall be due and payable to the Association from the Owner as an additional assessment hereunder. Section 2. Special Maintenance Assessments. In addition to the regular maintenance assessments authorized by this Article, the Association may levy in any assessment year a special maintenance assessment or assessments, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, inordinate repair or replacement of a described capital improvement located upon, or forming a part of the Common Areas and Community and recreational facilities, including the necessary fixtures and personal property related thereto, or for such other purpose as the Board of Directors may consider appropriate; provided that any such assessment shall have the assent of the Members representing sixty-seven percent (67%) of each class of the then Members of the Association. A meeting of the Members shall be duly called for this purpose, after thirty (30) days notice of such meeting to all Members. Section 3. Reserves for Replacements. The Association shall establish and maintain a reserve fund for replacements of the Common Areas and community and recreational facilities by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Board of Directors. Such funds shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any State or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve for replacements of the Common Areas and community and recreational facilities may be expended only for the purpose of affecting the replacement of the Common Areas and community facilities, major repairs to any sidewalks, parking areas, streets, or roadways developed as a part of the Property, equipment replacement, and for start up expenses and operating contingencies of a nonrecurring nature relating to the Common Areas and community facilities. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from to the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 4. Maximum Annual Maintenance Assessments. The initial maximum Annual Maintenance Assessment for each of the Lots to which Class A Membership is appurtenant shall of the Lots to which Class A Membership is appurtenant shall not exceed the sum of One Hundred Dollars ($100.00) per annum. The Annual Maintenance Assessment shall be levied at a uniform rate for each Lot to which Class A Membership is appurtenant. The initial maximum Annual Maintenance Assessment for each of the Lots to which Class B Membership is appurtenant shall be equal to twenty-five percent (25%) OF THE ACTUAL ANNUAL MAINTENANCE ASSESSMENT which would be assessed against the Lot were it owned by a Class A Member. In consideration of the Declarant's exemption from a full assessment, Declarant hereby convenants and agrees to maintain (exclusive of real estate taxes, insurance premiums, utility bills, trash collection and snow removal) the Common Area within this section or any other section subsequently annexed hereto, including any budget deficit, without cost to the Association, until such time as there are no longer any Class B Memberships applicable to the section. Said maintenance shall apply upon subsequent annexation pursuant to Section 2, Article II, with respect to the Common Area contained in the property so annexed. This maintenance shall end when the Declarant has conveyed seventy-five percent (75%) of the Lots contained in such annexed property to Owners. Upon the occupancy of any house located on a Lot in the property described herein or any annexed properties subjected to Class B Membership, such Lot shall be subjected to full assessment. Section 5. Increase in Maximum Annual Maintenance Assessment. (a) From and after January 1, 1989, the maximum Annual Maintenance Assessment for all Class A Memberships hereinabove provided for may be increased by the Board of Directors of the Association, without a vote of the Class A Membership, by an amount equal to ten percent (10%) of the a maximum annual assessment for the preceding year, plus the amount by which any ad valorem real estate taxes and casualty and other insurance premiums payable by the Association have increased over amounts payable for the same or similar items for the previous year. (b) From and after January 1, 1991 the maximum Annual Maintenance Assessments for all Class A Memberships hereinabove provided for may be increased above that established by the preceding paragraph by a vote of the Members, as hereinafter provided, for the next succeeding year and, thereafter, at the end of such year, for each succeeding year. Any change made pursuant to this paragraph shall have the assent of sixty-seven percent (67%) of each class of the Members of the Association. A meeting of the Members shall be duly called for this purpose. Section 6. Non -Payment of Assessments - Memorandum of Lien for Assessments. Any assessment levied pursuant to this Declarations, and any installment thereof, which is not paid on the date when due shall be delinquent and shall, together with interest thereon and the cost of collection thereof, as hereinafter provided, become a continuing lien upon the Lot or Lots belonging to the Member against whom such assessment is levied. Upon notice on such delinquency, the Association may declare the entire balance of such Annual of Special Maintenance Assessment due and payable in full and may file a Memorandum of Lien or similar instrument amount the land records or other appropriate office, recording the Association's continuing contractual lien against the owner's Lot for assessments. The lien evidenced hereby shall bind the Lot or Lots herein described in the hands of the then Owner thereof, his heirs, devises, personal representatives and the personal obligation of the Member to pay such assessment shall, in addition, remain his personal obligation for the statutory period and a suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without establishing, perfecting, foreclosing or waiving the lien herein provided for to secure the same. No suit or other proceeding may be brought to enforce or foreclose the lien evidenced herein after twenty-four (24) months from the date the assessment became due and owing. No suit or other proceeding may be brought to enforce or foreclose the lien except after ten (10) days written notice to the Member, given by Registered or Certified Mail - Return Receipt Requested, postage prepaid, to the addresses of the member shown on the roster of members maintained by the Association. Any assessment levied pursuant to this Declaration, or any installment thereof, which is not paid within ten (10) days after it as due, may bear interest at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the Member personally obligated to pay the same, or foreclose on the lien against the Lot or Lots then belonging to said Member in the manner now or hereafter provided by law or, if no separate provision is made by law then in the manner now or hereafter provided by law for the foreclosure of mortgages, deeds of trust of other liens on real property in the Commonwealth of Virginia containing a power of sale or consent to a decree, and subject to the same requirements, both substantive and procedural, or as may otherwise from time to time be provided by law, in either of which events interest, costs and reasonable attorney's fees of not less than twenty percent (20%) of the sum claimed shall be added to the amount of each assessment. Suit for any deficiency may be maintained in the same proceeding. The Association shall notify the holder of the First Mortgage on any Lot for which any assessment levied pursuant to this Declaration becomes delinquent for a period in excess of thirty (30) days and in any other case where the Owner of such Lot is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) but, any failure to give such notice shall not affect the validity of the lien for any assessment levied pursuant to this Declaration, nor shall any such failure affect any of the priorities established in this Article. Section 7. Assessment Certificates. The Association shall, upon written demand at any time, by registered or certified mail, furnish to any Member liable for any assessment levied pursuant to this Declaration (or any other party legitimately interested in the same) a certificate in writing and in form sufficient for recordation signed by an officer of the Association, setting forth the status of said assessment, i.e., whether the same is paid or unpaid as to a particular Lot. Such certificate shall be conclusive evidence of the payment of any assessment therein stated to have been paid. Failure of the Association to furnish or make available such a certificate within ten (10) business days following the receipt of such a written request shall extinguish the right of the Association to claim the lien for such assessment provided by law and provided for in this Declaration, for the period prior to the written request, A charge not to exceed Fifteen Dollars ($15.00) may be levied in advance by the Association for each certificate so requested. ARTICLE VI Section 1. Prohibited Uses and Nuisances. Except for the activities of the Declarant during the construction or development of the community, or except with the prior written approval of the Board of Directors of the Association or the Architectural Control Committee, or as may be necessary in connection with reasonable and necessary repairs or maintenance to any dwelling or upon the Common Areas: (a) No noxious or offensive trade or activity shall be carried on upon any Lot or within any dwelling, nor shall anything be done therein or thereon, which may be or become an annoyance or nuisance to the neighborhood or other Members. (b) The maintenance, keeping, boarding or raising of animals, livestock, or poultry of any kind, regardless of number, shall be and is hereby prohibited on any lot or within any dwelling, except that this shall not prohibit the keeping of dogs, cats or caged birds as domestic pets provided they are not kept, bred or maintained for commercial purposes and, provided further, that such domestic pets are not a source of annoyance or nuisance to the neighborhood or other Members. (c) No burning of any trash and no accumulation or storage of litter, lumber, scrap metals, refuse, bulk materials, waste new or used building materials, trash or any other kind shall be permitted on any Lot; (d) Except as herein elsewhere provided, no junk vehicle, heavy machinery or equipment of any kind or character (except for such equipment and machinery as may be reasonable, customary and usual in connection with the use and maintenance of any dwelling and except for such equipment and machinery as the Association may require in connection with the maintenance and operation of the Common Areas and Community facilities) shall be kept upon the Property not (except for bona fide emergencies) shall the repair or extraordinary maintenance of automobiles or other vehicles be carried out thereon. (e) Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained upon any lot. Garbage, trash and other refuse shall be placed in covered containers, or plastic bags as designated by the Association. (f) No Lot shall be divided or subdivided and no portion of any Lot (other than the entire Lot) shall be transferred or conveyed for any purpose. No portion of any dwelling (other than the entire dwelling) shall be leased. The provisions of this subsection shall not apply to the Declarant and, further, the provisions hereof shall not be construed to prohibit the granting of any easement or right of way to any municipality, political subdivision, public utility or other public body or authority, or to the Association, the Declarant or any other person for any purpose; (g) Except for entrance signs, directional signs, signs for traffic control or safety, community "theme areas" and such promotional sign or signs as may be maintained by the Declarant or the Association, no signs or advertising devices of any character shall be erected, posted or displayed upon, in or about any Lot or Dwelling, provided, however, that one temporary real estate sign not exceeding six (6) square feet in area, may be erected upon any Lot or attached to any dwelling placed upon the market for sale or rent. Any such temporary real estate sign shall be removed promptly following the sale or rental of such dwelling. The provisions and limitations of this subsection shall not apply to any institutional first mortgagee of any Lot who comes into possession of the Lot by reason of any remedies provided by law or in such mortgage or as a result of a foreclosure sale or other judicial sale or as a result of any proceeding, arrangement, assignment of deed in lieu of foreclosure; Section 7. Enforcement - Right to Remove or Correct Violations. In the event any violation or attempted violation of any of the covenants or restrictions contained in this Article shall occur be maintained upon any Lot, or in the event of any other conduct in violation of any of the provisions or requirements of this Articles, then the same shall be considered to have been undertaken in violation of this Article and without the approval of the Architectural Control Committee or the Board of Directors, required herein, and, upon written notice from the Architectural Control Committee or the Board of Directors, such violation shall be promptly removed or abated. In the event the same is not removed, or the violation is not otherwise terminated or abated, within fifteen (15) days (or shorter period as may be required in any such notice) after notice of such violation is delivered to the Owner or the Lot upon which such violation if the same shall be committed or attempted on premises other than the Lot owned by such Member, then the Association shall have the right, through its agents and employees to enter upon such Lot and to take such steps as may be necessary to remove or otherwise terminate or abate such violation and the cost thereof may be assessed against the Lot upon which such violation occurred and when so assessed, a statement for the amount thereof shall be rendered to the Owner of said Lot at which time the assessment shall become due and payable and continuing lien upon such Lot, and a binding personal obligation of the Owner of such Lot, in all respect (and subject to the same limitations) a provided in Article V of this Declaration. The covenants contained herein shall be a condition of ownership and a covenant running with each affected Lot and shall be binding upon and inure to the benefit of each Lot Owner and the heirs, successors and assigns of each affected Lot Owner. ARTICLE VII Section 1. Management Agent. The Board of Directors may employ for the Association a management agent or manager (the "Management Agent") at a rate of compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall from time to time authorize in writing. The Management Agent shall perform such duties and services as the Board of Directors shall authorize in Writing. The Management Agent shall perform such duties and services as the Board of Directors shall authorize in writing. Any management agreement entered into by the Association shall provide inter alia, that such agreement may be terminated, with or without cause and without the payment of any penalty or termination fee. by either party upon ninety (90) days written notice thereof to the other party. The term of any such management agreement shall not exceed one (1) year; provided, however, that the term of any such management agreement may be renewable by mutual agreement of the parties for successive one-year periods. Section 2. Limitation of Liability. The Association shall not be liable to any Member for loss or damage, by theft or otherwise, of articles which may be stored upon the Common Areas or community facilities, No diminution or abatement of assessments, as hereinelsewhere provided for, shall be claimed or allowed for inconvenience or discomfort arising from the making or repairs or improvements to the Common Areas or community facilities, or from any action taken by the Association to company with any of the provisions of this Declaration or with any law or ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE VIII Section 1. Reservation of Easement Rights by the Declarant. The Declarant hereby resurfaces a nonexclusive easement and right of way in, through, over and across the Lots, Common Areas and community facilities for the purpose of the storage of building supplies and materials, the installation, construction, maintenance, reconstruction and repair of sanitary sewer lines, water lines, cables, storm drains and appurtenances to any of the same, and for all other purposes reasonable related to the completion of construction and the provisions of utility services, whether public or private, to the community and to other property adjacent to, or in the vicinity or, the community. Any and all instruments of conveyancing made by the Declarant to the Association with respect to any of the Common Areas and community facilities shall be conclusively deemed to incorporate this reservation, whether or not specifically set forth in such instruments. At the request in writing of the Declarant, the Association shall from time to time execute, acknowledge and deliver to the Declarant such further assurances of this reservation as may be necessary. Section 2. Easements for Utilities and Related Purposes. The Association is authorized and empowered to grant land shall from time to time grant) such other license, easements and rights of way over the Common Areas and community facilities for sewer lines, water lines, electrical cables, television or telephone cables, gas lines, storm drains, cables, underground conduits and such other purposes related to the provisions of utility services to the community as may be considered necessary and appropriate by the Board of Directors for the orderly maintenance, preservations and enjoyment of the Common Areas and community facilities and for the preservation of the health, safety, convenience and welfare of the Owners of the Lots or the Declarant. ARTICLE IX INSURANCE REQUIREMENTS The Association shall maintain insurance against loss or damage by fire and all other hazards that are normally covered by the standard extended coverage and all risk endorsements on the Common Areas and community facilities except for those items normally excluded from coverage such as land, foundations and excavation; but including fixtures, building service equipment, common personal property and supplies. Insurance should be in the amount of 100% of the current replacement cost of Common Areas and community facilities with maximum deductible of the lesser of $10,000.00 or 1% of the face amount of the policy. The following endorsements should be obtained if applicable and available: Construction Code Endorsements; Agreed Amount and Inflation Guard Endorsement; and Steam Boiler and Machinery Coverage Endorsement. Flood Insurance should also be obtained it applicable. The Association shall maintain a comprehensive general liability insurance policy covering all Common Areas or other areas under its supervision. The policy should provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence. The Association shall maintain a blanket fidelity bond for anyone who either handles or is responsible for funds held or administered by the Association, whether or not he or she receives compensation. The amount of the fidelity bond should cover the maximum funds that will be in the Association's custody or the amount of three (3) months assessments on all Lots plus the Association's reserve funds whichever is greater. All insurance policies shall provide for ten (10) days written notice to the Association before cancellation or substantial modification of any policy. All premiums shall be paid as a common expense by the Association. ARTICLE X Section 1. Amendment. Subject to the other limitations set forth in this Declaration, prior to the lapse of all of the Class B Memberships in the Association, as in Article III provided, this Declaration may be amended only by an instrument executed and acknowledged by sixty-seven percent (67%) of each class of the then Members of the Association, if any, and by by the Declarant, which instrument shall be recorded amount the Land Records for the jurisdiction in which this Declaration is recorded. Subject to the other limitations set forth in this Declaration, following the lapse of all of the Class B Memberships in the Association, as in Article III provided, this Declaration may be amended by an instrument shall be recorded among the land records for the jurisdiction in which this Declaration is recorded. Unless a later date is specified in any such instrument, any amendment to this Declaration shall become effective on the date of recording, provided, however, that no amendment shall be effective unless it is executed by at least one Class A Member, should there be any Class A Members. Section 2. Duration. Unless amended in accordance with the provisions of Section 1 of this Article and the other requirements of this Declaration, and except where permanent easements or other permanent rights or interests are herein soreheaded, the covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date of recordation of this Declaration, after which the said covenants shall be automatically extended for successive period of twenty (20) years each. Section 3. Construction and Enforcement. The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of the community. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain or enjoin violation or to recover damages or both, and against any Lot to enforce the lien created hereby; and the failure or forbearance by the Association or the Owner of any Lot to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The provisions hereof may be enforced, without limitation, by the Declarant, by the Association by any Owner or any Mortgagee of any Lot which becomes subject to the provisions hereof and by any other person, firm, corporation or other legal entity who has any right to the use of any of the Common Areas and community facilities owned by the Association. There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or attempted violation or breach of any of the within covenants or restrictions cannot be adequately remedied by action at law or exclusively by recovery of damages. Section 4. Successors of Declarant. Any and all rights, reservations, easements, interests, exemptions, privileges and powers of the Declarant hereunder, or any part of them, may be assigned and transferred (exclusively or non -exclusively) by the Declarant, with or without notice to the Association. Section 5. Incorporation by Reference on Resale. In the event any Owner sells or otherwise transfers any Lot, any deed purporting to effect such transfer shall contain a provision incorporating by reference the covenants, restrictions, servitudes, easements, charges and liens set forth in this Declaration. The failure to include such a reference shall not relieve the Lot or Owner from the effect or obligation imposed by the Declaration. Section 6. Notices. Except as otherwise provided herein, any notice required to be sent to any Member of Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed by ordinary mail, postpaid, to the last known address of the person who appears as Member of Owner on the records of the Association at the time of such mailing. Section 7. Severability. Invalidation of any one of these covenants or restrictions by judgment, decree or order shall in no way affect any other provisions hereof, each of which shall remain in full force and effect. Section 8. Mortgagee Consents. Any other provision of this Declaration to the contrary notwithstanding, neither the Members, the Board of Directors nor the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of at least fifty-one percent (51%) of the institutional holders of all First Mortgages of record on the Lots: (a) amend or modify the provisions relating to voting rights established herein; (b) amend or modify the provisions relating to maintenance assessments or common expenses or their collection; - (c) amend or modify the provisions relating to reserves for maintenance, repair and replacement of Common Areas or community facilities; (d) amend or modify the provisions relating to maintenance and repair responsibilities; (e) reallocate the interests of the Lot Owners in the Common Areas or rights to their use; (f) amend or modify the provisions relating to the boundary of any Lot or Common Areas once the Lot is sold by the Declarant to an Owner or once the Common Areas are conveyed to the Association. (g) amend or modify the provisions relating to the annexation of property to the subdivision; (h) amend or modify the provisions relating to insurance or fidelity bond coverage; (i) amend or modify the provisions relating to the leasing of Lots; (j) impose a restriction on an Owner's right to sell or transfer a Lot; (k) implement a decision to establish self management when professional management had been required previously by a mortgage holder; (1) amend or modify the provisions relating to the restoration or repair of the project after hazard damage or partial condemnation; (m) terminate the legal status of the project after substantial destruction or condemnation occurs; (n) amend or modify the provisions expressly benefiting mortgage holders; (o) resolve to use the proceeds of casualty insurance for any other purpose than the repair, replacement or restoration of the Common Areas and community facilities; or (p) amend or modify any material or substantive provision of this Declaration or the By -Laws of the Association. Neither the Members, Board of Directors nor the Association shall, by act or omission, terminate the legal status of the project for reasons other then the substantial destruction or condemnation of the property without the prior written consent and approval of at least sixty-seven percent (67%) of the institutional holders of all First Mortgages of record on the lots. In the event of a proposed non -material addition or amendment to this Declaration, including but not limited to a correction of a technical error or clarification of a statement, the consent and approval of a holder of an institutional mortgage shall be deemed given if such a holder fails to submit a response to any written proposal for an amendment or addition within thirty (30) days after it is made. Section 10. Consent of Veterans Administration and or Federal Housing Administration. Provided that any Lot in the project is then encumbered by a deed of trust or Mortgage which is guaranteed by the Veterans Administration and/or the Federal Housing Administration and, provided further, that there are then Class B Memberships of the Association outstanding, neither the Members, the Board of Directors not the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of the Veterans Administration and/or the Federal Housing Administration. (a) abandon, partition, subdivide, consolidate, encumber, mortgage, sell or transfer any of the Common Areas and community facilities; provided, however, that the granting of rights of way, easements and the like for public utilities or for other purposes consistent with the use of the Common Areas and community facilities by the Members of the Association shall not be considered a transfer within the meaning of this Section; or (b) abandon or terminate the project or Declaration; or (c) modify or amend any provision of this Declaration, the Articles of Incorporation or the By -Laws of the Association. Section 11. Additional Rights of Mortgagees - Notice. Upon written request of any holder of a First Mortgage, the Association shall promptly notify such holder of the First Mortgage on any Lot for which any assessment levied pursuant to the Declaration or any installment thereof, becomes delinquent for a period in excess of thirty (30) days and the Association shall promptly notify the holder of the First Mortgage on any Lot with respect to which any default in any other provision of this Declaration remains incurred for a period in excess of thirty (30) days following the date of such default, Any failure to give any such notice shall not affect the validity or priority of any First Mortgage on any Lot and the protection extended in this Declaration to the holder of any such Mortgage shall not be altered, modified or diminished by reason of such failure. No suit or other proceeding may be brought to foreclose the lien for any assessment levied pursuant to this Declaration except after ten (10) days written notice to the holder of the First Mortgage on the Lot which is the subject matter of such suit or proceeding. Any institutional first mortgagee of any Lot within the Property may pay any taxes, utility charges or other charge levied against the Common Areas and community facilities which are in default and which may or have become a charge or lien against any of the Common Areas and community facilities and any such institutional first mortgagee may ay any overdue premiums on any hazard insurance policy or secure new hazard insurance coverage on the lapse of any policy, with respect to the Common Areas and community facilities, Any First Mortgagee who advances any such payment shall be due immediate reimbursement of the amount so advanced from the Association. Section 12. Casualty Losses. In the event of substantial damage or destruction to any of the Common Areas or community facilities, the Board of Directors of the Association shall give prompt written notice of such damage or destruction to the holders of all First Mortgages of record on the Lots. No provision of this Declaration or the By -Laws of the Association shall entitle any Member to any priority over the holder of any First Mortgage or record on his Lot with respect to the distribution to such Member of any insurance proceeds paid or payable on account of any damage or destruction of any of the Common Areas or community facilities, Section 13. Condemnation or Eminent Domain. In the event any part of the Common areas and community facilities is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, then the Board of Directors of the Association, who are hereby designated and appointed attorney -in -fact to represent the Members in such proceedings and related negotiations, shall give prompt written notice of any such proceeding or proposed acquisition to the holders of all First Mortgages of record on the Lots. No provision of this Declaration or the By -Laws of the Association shall entitle any Member to any priority over the holder of any First Mortgage of record on his Lot with respect to the distribution to such Member of the proceeds of any condemnation or settlement relating to a taking of any of the Common Areas and community facilities. Any proceeds from any such condemnation or eminent domain proceeding shall be payable to the Association for the benefit of the Lot Owners and their Mortgagees. Any distribution of funds received in connection therewith shall be on a pro-rata per Lot bases. Section 14. Captions and Gender. The captions contained in this Declaration are for the convenience only and are not a part of this Declaration and are not intended in any way to limit or enlarge the terms and provisions of this Declaration. Whenever the context so requires, the male shall include all genders and the singular shall include the plural and vice versa. WITNESS the following signatures and seals: Pembridge Heights Subdivision (SEAL) STATE OF VIRGINIA COUNTY OF LOUDOUN I, the undersigned, a Notary Public in and for the County and state aforesaid, whose commission as such expires on the day of , 19 do hereby certify that Mark Nelis of Pembridge Heights whose name is signed to the foregoing document bearing date on the day of , 19 , has signed and acknowledged the same before me in my County and State aforesaid on behalf of the corporation. Given under my hand and seal this day of , 1988 Notary Public My Commission Expires: THIS DE--:-Dy OF SUBDIVISION AND DEDICATION AND EASEMENT is made ` \ this day of December, 1989 by BROWNELL, INC., TRUSTEE, a Virginia corporation, (hereinafter "Grantor"), VIRGINIA DEPARTMENT OF TRANSPORTATION, a body corporate and politic, (hereinafter "VDT") and FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic, (hereinafter"FCSA°), and PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION, a Virginia corporation and James P. MCALEER and Patrick M. GALLAGHER, TRUSTEES (hereinafter "Trustees"). WITNESSETH: WHEREAS, Grantor is the owner of a tract of land', being a portion of the same land conveyed to Grantor by deed dated September 26, 1988, and recorded in Deed Book 695, Page 915, among the land records of Frederick County, Virginia, which property is located in the Shawnee Magisterial District, Frederick County, Virginia (hereimaftser"Property"), said Property is more particularly described and set forth on a plat prepared by pacuilIi, Simmons & Associates, LTD.~ C.L.S.° entitled "Final Plat, Pembridge Heights - Phase II" dated December 6, 1989 attached to this Deed and made a part hereof (hereinafter "Plat"); and WHEREAS, by Deed of Trust dated October 19, 1988, and recorded in the land records of Frederick County , Virginia at Deed Book 695, Page 921, the property was conveyed to James P. McAleer and Patrick M. Gallagher, Trustees securing Equitable Federal Savings and Loan Association, NotehoIder, in the original principal amount of Three Million Four Hundred Sixty Thousand Four Hundred and No/100 Dollars ($3,460a400~00) and it is the desire of said Trustees to execute this Deed evidencing consent thereto and to release the lien of said Deed of Trust as it applies to easements, rights -of -way and common areas created and dedicated herein; and WHEREAS, it is the desire of Grantor to create easements as set forth on the attached and incorporated plat to facilitate the development of the Property; and it is the desire of Grantor to dedicate to public use for street purposes that portion of the Property shown and set forth on the attached and incorporated Plat; and WHEREAS, it is the desire of the Grantor to convey to the Pembridge Heights Homeowners Association certain parcels as set forth on the attached and incorporated Plat. NOW, THEREFOREp`THIS DEED WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby subdivide and create Lots 16 -132, 166-169 and 196-203, Pembridge Heights, Phase II as set forth on the attached and incorporated Plat. 1 THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor- does hereby grant, bargain and convey to VDT and dedicate for public street purposes that portion of the Property set forth on the attached and incorporated Flat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create, bargain, sell and convey to FCSA a water and sewer easement as set forth on the attached and incorporated plat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create, bargain, sell and convey to the VDT a storm drainage easement as set forth on the attached and incorporated Flat. THIS DEED FURTHER WITNESSETH, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create, bargain, sell and convey to the Pembridge Heights Homeowners Association, Parcels C, D and E containing 10.5721 acres as set forth on the attached and incorporated plat. WITNESS the following signatures and seals. BROWNELL, IN , TEE BY: � � _�, .�- (SEAL) Bruce M. Brownell, resident AL) Patesk/_ G41laoher-:,/Trustee ,Xmes P. /11cAl eer-, Trustee STATE OF VIRGINIA COUNTY OF LOUDOUN, TO -WIT: Acknowledged before me this day this -2d,y� - ' day of December', 1989 by Bruce M. Brownell, President of Brownell, Inc. �- ar" Notary PLAglic My Commission expires: Z /'�� e7y STATE OF MARYLAND � COUNTY OF MONTGOMERY , TO -WIT: - Acknowledged before me this day this 3�1%� day of January , 1990, by James P. McAleer, Trustee. No' ar- Pf l i c < , My Commission Expires: 7/27/93 STATE OF V I PG I N I A COUNTY OF FAIRFAX, TO -WIT: Acknowledged before me this day day of January, , 1990 , by Patrick M. Gallagher-, Trustee. My Commission Expires: Aty toMmhdon Expires July 31, 1993 3 AIce_ Notary Public ��'' � <-s ,..' PEMBRIDGE HEIGHTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this Zip day of December, 1989 by Brownell, Inc., a Virginia corporation and TC Residential Virginia, Inc. (hereinafter sometimes called "the Declarants") W I T N E S S E T H: WHEREAS, Brownell, Inc., Trustee, is the owner of certain real property located in Frederick County, Virginia conveyed to Brownell, Inc., Trustee by a deed recorded in the land records at Frederick County, Virginia, at Deed Book 695 Page 115. WHEREAS, Brownell, Inc. has caused this land to be subdivided and these plats of subdivision are recorded in the land records of Frederick County, Virginia, at Deed Book 706 Page 160 (Phase I) and at Deed Book Page (Phase II). WHEREAS, Brownell, Inc., Trustee, is the sole owner of all real estate described in a subdivision plat entitled Pembridge Heights Phase II and the sole owner of lots 1-15, 155-165 inclusive, in Phase I of the Pembridge Heights subdivision. WHEREAS, TC Residential Virginia, Inc. is the sole owner of lots 133-154, 170-195 inclusive, in Phase I of the Pembridge Heights Subdivision. WHEREAS, the Declarants desire to create on the Property a residential community with permanent open spaces and other common facilities for the benefit of the community, and such other areas as may be subjected to this Declaration by Declarants, and for the maintenance of the open spaces and other facilities and, to this end, desires to subject the Property to the covenants, restrictions, easements, conditions, charges, and liens hereinafter set forth, it being intended that the convenants, restrictions, easements and conditions shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title, or interest in the Property or any part thereof, and shall inure to the benefit of each other thereof: WHEREAS, the Declarants have deemed it desirable for the efficient preservation of the values and amenities of the community to create an association which shall be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collection and disbursing the assessments and charges hereinafter created; and WHEREAS, the Declarants have caused to be incorporated under the laws of the Commonwealth of Virginia, as a non -stock, not -for -profit, corporation, Pembridge Heights Homeowner's Association, for the 1 purposes of exercising the aforesaid functions. NOW, THEREFORE, the Declarants do hereby declare that the real property described aforesaid, shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, conditions, hereinafter set forth, which are for the purpose of protection the value and desirability of, and shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Pembridge Heights Homeowners Association, its successors and assigns. Section 2. "Property" shall mean and refer to that certain real property hereinabove described, and such additions thereto, if any, as may hereafter be brought within the jurisdiction of the Association, in accordance with the terms of this Declaration. Section 3. "Common Areas" shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association. Section 4. "Lot" shall mean and refer to any numbered plot of land shown upon any recorded subdivision plat of the Property, but with the exception of the Common Areas noted hereinabove and areas dedicated as public streets. Section 5. "Member" shall mean and refer to every person or entity who holds Membership in the Association. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the property including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "Declarants" shall mean and refer to Brownell, Inc., a Virginia corporation and TC Residential Virginia, Inc., it successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development, and the owner of any other property which might be annexed under the provisions hereof. Section 8. "Dwelling" shall mean and refer to any building or portion of a building situated upon the Property and designed and intended for use and occupancy as a residence. 2 Section 9. "Mortgagee", as used herein, means the holder of any recorded mortgage, or the party secured or beneficiary of any recorded deed of trust, encumbering one or more of the Lots. "Mortgage", as used herein, shall include deed of trust. "First Mortgage," as used herein, shall mean a mortgage with priority over other mortgages. As used in this Declaration, the term "mortgagee" shall mean any mortgagee and shall not be limited to institutional mortgagees. As used in this Declaration, the term "institutional mortgagee" or "institutional holder" shall include mortgagees which are banks, trust companies, insurance companies, mortgage insurance companies, savings and loans associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all corporations and any agency or department of the United States Government or of any state or municipal government. As used in this Declaration, the terms "holder" and "Mortgagee" shall include the parties secured by any deed of trust or any beneficiary thereof. Whenever in this Declaration any action is required to be taken by a specified percentage of "each class of the then Members" of the Association, then such action shall be required to be taken separately by the specified percentage of the then outstanding Members of each class of the Association. Whenever in this Declaration any action is required to be taken by a specified percentage of the "then Members" of the Association, then such action shall be required to be taken by the specified percentage of the then outstanding cumulative Membership of the Association. ARTICLE II Section 1. Property Subject to Declaration. The real property which is, and shall be held, conveyed, hypothecated or encumbered, sold, leased, rented, used, occupied and improved subject to this Declaration is Phases I and II of the Pembridge Heights subdivision recorded at Deed Book 706 Page 160 and Deed Book Page in the land records of Frederick County. Parcels A and B as illustrated on the aforesaid plat are specifically excluded from this Declaration of Convenants, Conditions and Restrictions. Section 2. Additions. Within seven (7) years from the date of recordation of this Declaration, additional property may be annexed by the Declarants to the above -described property without the consent of the Class A Members of the Association, if any providing that any additional property is part of the 76.8 acres located in Frederick County Virginia as described in the deed conveying said property to Brownell Inc., Trustee, and recorded among the land records of Frederick County, Virginia in Deed Book 695 at Page 115. Any annexations made pursuant to this Article, or otherwise, shall be made by recording a plat of subdivision, among the landrecords of Frederick County, Virginia, which plat of subdivision 3 shall extend the scheme of this Declaration to such annexed property. Such annexations need not be made by the Declarants; provided, however, that any such annexation accomplished by persons other than the Declarants shall have the consent of the Declarants. So long as any Lot is encumbered by a Deed of Trust or Mortgage which is guaranteed by the Veterans Administration or insured by Federal Housing Authority, no annexation shall be made pursuant to this Articles, or otherwise, except following a determination by the Veterans Administration and/or Federal Housing Authority that the annexation conforms to a general plan for the development of the community previously approved by the Veterans Administration and/or Federal Housing Authority, except following the prior written approval of the Veterans Administration and/or Federal Housing Authority. Such general plan for development, however, shall not bind the Declarants to make any of the additions to the Property which are shown on such plan or to improve any portion of such lands in accordance with such plan unless and until a deed of dedication and subdivision is filed by the Declarant for such property which subjects it to this Declaration. ARTICLE III MEMBERSHIP Section 1. Every record owner of an undivided fee interest in any lot subject to these covenants shall be a member of the Association. However, no owner shall have more than one membership for each lot owned. Persons or entities who hold an interest merely as security for the performance of an obligation shall not be considered owners or members hereunder. Ownership of a lot shall be the sole qualification for membership. Membership in the Association shall be appurtenant to and run with the land, and membership in the Association may not be separated from ownership of the lots which are subject to these covenants. Ownership of such Lot shall be the sole qualification for Membership. Section 2. The association shall have two (2) classes of voting Membership: Class A: Class A Members shall be all those Owners as defined in Section I, other than the Declarants, who own and hold title to a Lot upon which a single family detached dwelling unit is or can be constructed. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for Membership by this Article. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. In the event of annexation of additional properties, Class A memberships shall arise with respect to such additional properties upon recordation of a subdivision plat among the aforesaid land records which subdivision plat shall extend the scheme of this Declaration to 4 such annexed property and upon acquisition of a Lot by an Owner. Class B: The only Class B Member shall be the Declarants. The Class B Members shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by this Article. Unless otherwise terminated by conveyance to Class A members, Class B membership as a class shall cease and be converted to Class A Membership, on the happening of either of the following events, whichever occurs earlier: (a) When seventy-five percent (750) of the Lots in the subdivision are acquired by individual owners; or (b) Seven (7) years after sale of the first lot to an Owner other than Declarants; provided however, that in the event of annexation of additional properties, Class B Membership shall be renewed with respect to those Lots contained in the annexed property; which Class B Membership shall cease and be converted to Class A Membership, on the happening of either of the following events, whichever occurs earlier: (i) When seventy-five percent (750) of the Lots in such annexed property are acquired by individual owners: or (ii) Three (3) years from the date of recordation of the deed of dedication and subdivision for such annexed property. ARTICLE IV Section 1. Member's Right of Enjoyment. Each Member, in common with other Members, shall have the right and license to use enjoy the Common Areas and community facilities. Such right and license shall be appurtenant to and shall pass with the fee simple title to every Lot subject to the following: (a) The right of the Association, in accordance with its Articles of Incorporation and By -Laws, and with the consent of two-thirds (2/3) of each Class of the then Members of the Association, voting separately, to borrow money for the purpose of improving the Common Areas and community facilities in a manner designed to promote the enjoyment and welfare of the members and in aid thereof to mortgage any of the Common Areas and community facilities; (b) The right of the Association to take such steps as are reasonably necessary to protect the property of the Association against mortgage default and foreclosures; provided, however, that the same are in conformity with the other provisions of this Declaration; (c) The right of the Association to adopt reasonable rules respecting use of the Common Areas and Community Facilities to 5 reasonably limit the number of guest of Membership to the use of any facilities which are developed upon the Property: (d) The right of the Association to suspend the voting rights and the rights to use the Common areas and community facilities for any period during which any assessment remains unpaid and for any period not to exceed sixty (60) days for any infraction of any of the published rules and regulations of the Association; (e) The right of the Association to dedicate or transfer all or any part of the Common Areas or community facilities to any public or municipal agency, authority or utility for purposes consistent with the purpose of this Declaration and subject to such conditions as may be agreed to by the Members and further subject to the then existing laws and applicable ordinances; provided, however, that no such dedication or transfer or determination as to the purposes or as to the conditions thereof, shall be effective unless two-thirds (2/3) of each class of the then voting Members of the Association consent to such dedication, transfer, purpose and conditions, at any special meeting of the Members duly called for such purpose. With the exception of the right reserved to the Declarants. The Declarants, their successors and/or assigns, reserve the temporary right and power to dedicate, grant or transfer, all or any part of Pembridge Heights Subdivision, to the COUNTY, or any public agency, authority or utility, streets for public use, easements and rights -of -way over and across as may be required by said entity and/or enter into agreements affecting Pembridge Heights with the COUNTY, or any public agency, authority or utility as may be required by said entity and in accordance with the development plan, their successors and/or assigns, as may be amended from time to time with the consent of the appropriate authorities of the COUNTY, without the consent or joiner of the HOMEOWNERS and/or its members. This temporary right and power shall terminate and extinguish upon the release of their successors and/or assigns from the performance bond(s) posted with the COUNTY in connection with the development of Pembridge Heights Subdivision or ten (10) years from the date of recordation of this instrument, whichever date is later. (f) The right of the Association, acting by and through its Board of Directors, to grant temporary or permanent licenses, rights of way and easements for access or for the construction, reconstruction, maintenance and repair of any utility lines or appurtenances, whether public or private, to any municipal agency, public utility, the Declarants or any other person; provided, however, that no permanent licenses, rights of way or easements shall unreasonably interfere with the rights of the Members use and enjoy the Common Areas and community facilities. (g) The right of the Association acting by and through its Board of Directors, to enter into agreements whereby the Association acquires leasehold, Membership or other possessory or use interests in real or personal property for the purpose of promoting the 2 enjoyment, recreation or welfare of the Members of the Association and to declare expenses incurred in connection therewith to be common expenses of the Association; and (h) The right of the Association, acting by and through its Board of Directors, and its agents to enter a Lot and a Dwelling or other improvements located on a Lot to perform emergency repairs. Section 2. Delegation of Right of Use. Any member of the Association may delegate his rights to the use and enjoyment of the Common Areas and community facilities to the Members of his family who reside permanently with him and to his tenants, contract purchasers and guests, all subject to such reasonable rules and regulations which the Association may _adopt and uniformly apply and enforce. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Annual Maintenance Assessments. The Declarants hereby covenants and each person, group of persons, corporation, partnership, trust or other legal entity, or any combinations thereof, who becomes a fee simple owner of a Lot within the Property, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay the Association Annual Maintenance Assessments as hereinafter defined, in advance, in yearly installments equal to the Member's proportionate share of the sum required by the Association, as estimated by its Board of Directors, to meet its annual expenses (herein elsewhere sometimes referred to as "Annual Maintenance Assessments") including but in no way limited to the following: (a) The cost of all operating expenses of the Common Areas and community facilities and the services furnished to or in connection with the Common Areas and community facilities, including recreational facilities, including charges by the Association for any services furnished by it; (b) The cost of necessary management and administration of the Common Areas and community facilities, including fees paid to any Management Agent; (c) The amount of all taxes and assessments levied against the Common Areas and community facilities; (d) The cost of liability insurance on the Common Areas and community facilities and the cost of such other insurance as the Association may effect with respect to the Common Areas: (e) The cost of utilities and other services which may be 7 provided by the Association including snow removal on the Common Areas and community facilities; (f) The cost of maintaining, replacing, repairing and landscaping the Common Areas, including, without limitation, maintenance of any storm water channels or the like located upon the Common Areas and the Cost of the maintenance of all pathways and any retaining wall upon the Property, together with such equipment as the Board of Directors shall determine to be necessary and proper in connection therewith, including but not limited to the subdivision's entrance sign/monument; (g) The cost of funding all reserves established by the Association, including, when appropriate, a general operating reserve and a reserve for replacements;. (h) The cost of any leasehold, Membership or other possessory or use interests in real or personal property arranged by the Association for the purpose of promoting the enjoyment, recreation or welfare of the Members of the Association; (i) The carrying out and enforcing of this Declaration, including but not limited to court costs and attorney's fees; In addition, each Lot Owner agrees to contribute to the working capital of the Association a sum equal to two (2) months of the maintenance expenses attributable to the Lot at the time the Lot Owner acquired the Lot from the Declarants. The Board of Directors shall determine the amount of the maintenance assessment annually, but may do so at more frequent intervals should circumstances so require. The Board of Directors shall prepare, or cause the preparation of annual operating budget for the Association which shall provide, without limitation, for the management, operation and maintenance of the Common Areas, The Board of Directors of the Association shall make reasonable efforts to fix the amount of the Annual Maintenance Assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time prepare a roster of the Lots and the Annual Maintenance Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner upon reasonable notice to the Board. Written notice of the Annual Maintenance Assessments shall there upon be sent to the Members. The omission by the Board of Directors, before the expiration of any assessment period to fix the amount of the Annual Maintenance Assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Member from the obligation to pay the Annual Maintenance Assessment, or any installment thereof, for that or any subsequent assessment period, but the Annual Maintenance n Assessment fixed for the preceding period shall continue until a new maintenance assessment is fixed. No Member may exempt himself from liability for maintenance assessments by abandonment of any Lot belonging to him or by the abandonment of his right to the use and enjoyment of the Common Areas and community facilities. Except as may be specifically provided for herein, this Declaration does not contemplate that the Association shall have any responsibility for the maintenance or repair of the dwellings or their appurtenances and the responsibility and duties of the Association for maintenance and repairs shall be limited to the Common Area. Section 2. Common Areas and Community Facilities. The Owner of any Lot shall, at his own expense, maintain his Lot and dwelling, and any and all appurtenances thereto, in good order, condition and repair and in a clean, sightly and sanitary condition at all times. In the event any Owner shall fail to maintain his Lot, dwelling and/or appurtenances thereto, as aforesaid, the Association shall have the right, after thirty (30) days notice of its intent to exercise this right to the Owner, to make the necessary repairs and/or maintenance to the Lot, dwelling and/or appurtenances thereto, and to charge the cost of such repairs to the Owner, which amount shall be due and payable to the Association from the Owner as an additional assessment hereunder. The Association shall have the right to enter onto the premises for such purposes and the Owner shall hold the Association harmless for any damage done to Owner's premises in the course of such repairs or maintenance, as well as against any injury or property damage to third parties which may arise as a result of the repairs or maintenance performed hereunder. Section 3. Special Maintenance Assessments. In addition to the regular maintenance assessments authorized by this Article, the Association may levy in any assessment year a special maintenance assessment or assessments, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, inordinate repair or replacement of a described capital improvement located upon, or forming a part of the Common Areas and Community and recreational facilities, including the necessary fixtures and personal property related thereto, or for such other purpose as the Board of Directors may consider appropriate and which is permitted by Section 55-514 of the Virginia Property Owners' Association Act, Virginia Code Section 55-508, et seq. (the "Act"); provided that any such assessment shall have the assent of the Members representing two-thirds (2/3) of each class of the then Members of the Association. A meeting of the Members shall be duly called for this purpose, after thirty (30) days notice of such meeting to all Members. Section 4. Reserves for Replacements. The Association shall establish and maintain a reserve fund for replacements of the Common Areas and community and recreational facilities by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Board of Directors. Such funds shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any State or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve for replacements of the Common Areas and community and recreational facilities may be expended only for the purpose of affecting the replacement of the Common Areas and community facilities, major repairs to any sidewalks, parking areas, streets, or roadways developed as a part of the Property, equipment replacement, and for start up expenses and operating contingencies of a nonrecurring nature relating to the Common Areas and community facilities. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from to the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 5. Maximum Annual Maintenance Assessments. The initial maximum Annual Maintenance Assessment for each of the Lots to which Class A Membership is appurtenant shall of the Lots to which Class A Membership is appurtenant shall not exceed the sum of Two Hundred Dollars ($200.00) per annum. The Annual Maintenance Assessment shall be levied at`a uniform rate for each Lot to which Class A Membership is appurtenant. There shall be no Annual Maintenance Assessment for each of the Lots to Class B Memberships. In consideration of the Declarants' exemption from a full assessment, Declarants hereby convenants and agrees to maintain (exclusive of real estate taxes, insurance premiums, utility bills, trash collection and snow removal) the Common Area within this section or any other section subsequently annexed hereto, without cost to the Association, until such time as there are no longer any Class B Memberships applicable to each such section. This maintenance shall end when the Declarants have conveyed seventy-five percent (75%) of the Lots contained in such annexed property to Owners. Upon the occupancy of any house located on a Lot in the property described herein or any annexed properties subjected to Class B Membership, such Lot shall be subjected to full assessment. Section 6. Increase in Maximum Annual Maintenance Assessment. (a) From and after January 1, 1990, the maximum Annual Maintenance Assessment for all Class A Memberships hereinabove provided for may be increased by the Board of Directors of the Association, without a vote of the Class A Membership, by an amount 10 equal to ten percent (10%) of the a maximum annual assessment for the preceding year, plus the amount by which any ad valorem real estate taxes and casualty and other insurance premiums payable by the Association have increased over amounts payable for the same or similar items for the previous year. (b) From and after January 1, 1991 the maximum Annual Maintenance Assessments for all Class A Memberships hereinabove provided for may be increased above that established by the preceding paragraph by a vote of the Members, as hereinafter provided, for the next succeeding year and, thereafter, at the end of such year, for each succeeding year. Any change made pursuant to this paragraph shall have the assent of two-thirds (2/3) of each class of the Members of the Association. A meeting of the Members shall be duly called for this purpose. Section 7. Non -Payment of Assessments - Memorandum of Lien for Assessments. Any assessment levied pursuant to this Declarations, and any installment thereof, which is not paid on the date when due shall be delinquent and shall, together with interest thereon and the cost of collection thereof, as hereinafter provided, become a continuing lien upon the Lot or Lots belonging to the Member against whom such assessment is levied. Upon notice on such delinquency, the Association may declare the entire balance of such Annual or Special Maintenance Assessment due and payable in full and may file a Memorandum of Lien or similar instrument among the land records or other appropriate office, in accordance with Section55-516 of the Act, recording the Association's continuing contractual lien against the owner's Lot for assessments. The lien evidenced hereby shall bind the Lot or Lots herein described in the hands of the then Owner thereof, his heirs, devises, personal representatives and the personal obligation of the Member to pay such assessment shall, in addition, remain his personal obligation for the statutory period and a suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without establishing, perfecting, foreclosing or waiving the lien herein provided for to secure the same. No suit or other proceeding may be brought to enforce or foreclose the lien evidenced herein after twenty-four (24) months from the date the assessment became due and owing or such other period of time provided by Section 55-516 of the Act. No suit or other proceeding may be brought to enforce or foreclose the lien except after ten (10) days written notice to the Member, given by Certified Mail - Return Receipt Requested, postage prepaid, to the last known address of the member as shown on the roster of members maintained by the Association. Any assessment levied pursuant to this Declaration, or any installment thereof, which is not paid within ten (10) days after it 11 is due, may bear interest at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the Member personally obligated to pay the same, or foreclose on the lien against the Lot or Lots then belonging to said Member in the manner now or hereafter provided by law and in the Act or, if no separate provision is made by law then in the manner now or hereafter provided by law for the foreclosure of mortgages, deeds of trust of other liens on real property in the Commonwealth of Virginia containing a power of sale or consent to a decree, and subject to the same requirements, both substantive and procedural, or as may otherwise from time to time be provided by law, in either of which events interest, costs and reasonable attorney's fees of not less than twenty percent (20%) of the sum claimed shall be added to the amount of each assessment. Suit for any deficiency may be maintained in the same proceeding. The Association shall notify the holder of the First Mortgage on any Lot for which any assessment levied pursuant to this Declaration becomes delinquent for a period in excess of thirty (30) days and in any other case where the Owner of such Lot is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) days but, any failure to give such notice shall. not affect the validity of the lien for any assessment levied pursuant to this Declaration, nor shall any such failure affect any of the priorities established in this Article. Section 8. Assessment Disclosure. In conformity with Section 55-510 of the Act, all books and records kept by or on behalf of the Association shall be available for examination and copying by a Member in good standing or his authorized agent. This right of examination may be exercised only during reasonable business hours, or at a mutually convenient time and location, and upon five days written notice from the Member or his authorized agent to the Association. The Association may impose and collect a charge for the actual costs of materials and labor incurred in providing copies of any books and records to Members. In accordance with Section 55-512 of the Act, the Association shall provide a disclosure packet to the seller of a Lot within fourteen days of actual receipt of written request therefor and receipt of the appropriate fee. The disclosure packet shall contain, among other things, copies of the Declaration of Covenants, Conditions, and Restrictions, Articles of Incorporation, By-laws, the Associations's annual budget, and a statement of assessments and other charges with respect to the subject Lot and the status of the account. Failure of the association to provide the disclosure packet to the seller, in substantially the form provided for in Section 55-512 of the Act, within fourteen days from the actual receipt of the request and payment of the appropriate fee shall be deemed a waiver of any claim by the Association for delinquent assessments existing as of the date of the request with respect to the subject Lot. The Association may charge a fee not in excess of One Hundred 12 Dollars ($100) for the actual cost of preparation and issuance of the disclosure packet. ARTICLE VI Section 1. Architectural Control Committee. Except for construction or development by, for or under contract with the Declarants, and except for any improvements to any Lot or to the Common Areas accomplished by the Declarants concurrently with said construction and development, and except for purposes of proper maintenance and repair, no building, wall or other structure shall be commenced, directed, placed, moved, altered or maintained upon the Property, nor shall any exterior addition to or other alteration thereupon be made until the complete plans and specifications showing the location, nature, shape, height, material, color, type of construction and any other proposed form of change shall have been submitted to and approved in writing as to safety, harmony of external design, color and location in relation to surrounding structures and topography and conformity with the design concept for the community by an Architectural Control Committee designated by the Board of Directors. Section 2. Architectural Control Committee - Operation The Board of Directors shall appoint an Architectural Control Committee. The Architectural Control Committee shall be composed of three (3) or more persons designated from time to time by the Board of Directors who may be members of the Association. The affirmative vote of a majority of the Members of the Architectural Control Committee shall be required in order to adopt or promulgate any rule or regulation, or to make any finding, determination, ruling or order, or to issue any permit, consent, authorization, approval or the like pursuant to the authority contained in this Article. Section 3. Approvals. Upon approval by the Architectural Control Committee of any plans and specifications submitted pursuant to the provisions of this Article, a copy of such plans and specifications, as approved, shall be deposited among the permanent records of such Committee and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. In the event the Committee fails to approve or disapprove any plans and specifications with may be submitted to it pursuant to the provisions of this Article within sixty (60) days after such plans and specifications have been submitted to it in writing, then approval will not be required and this Article will be deemed to have been fully complied with. Section 4. Limitations. Construction or alterations in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article shall be commenced within six (6) months following the date upon which the same are approved by the Architectural Control Committee (whether by affirmative action or by forbearance from 13 action, as in Section 3 of this Article provided), and shall be substantially completed within twelve (12) months following the date of commencement, or within such other period as the Committee shall specify in its approval. In the event construction is not commenced within the period aforesaid, then approval of the plans and specifications by the Committee shall be conclusively deemed to have lapsed and compliance with the provisions of this Article shall again be required. There shall be no deviation from the plans and specifications approved by the Committee without the prior consent in writing of the Committee. Approval of any particular plans and specifications or design shall not be construed as a waiver or the right of the Committee to disapprove such plans and specifications, or any elements or features thereof, in the event such plans and specifications are subsequently submitted for use in any other instance. Section 5. Rules and Regulations. The Architectural Control Committee may from time to time adopt and promulgate such rules and regulations regarding the form and content of plans and specifications to be submitted for approval and may publish and record such statements of policy, standards, guidelines and establish such criteria relative to architectural styles and details, fences, colors, materials or other matters relative to architectural control and the protection of the environment, as it may consider necessary or appropriate. No such rules, regulations, statements, criteria or the like shall be construed as a waiver of the provisions of this Article or any other provision or requirement of this Declaration. The decisions of the Architectural Control Committee shall be final except that any Member who is aggrieved by any action or forbearance from action by the Committee may appeal the decision of the Architectural Control Committee to the Board of Directors and, upon the request of such Member, shall be entitled to a hearing before the Board of Directors of the Association. ARTICLE VII Section 1. Prohibited Uses and Nuisances. Except for the activities of the Declarants during the construction or development of the community, or except with the prior written approval of the Board of Directors of the Association or the Architectural Control Committee, or as may be necessary in connection with reasonable and necessary repairs or maintenance to any dwelling or upon the Common Areas: (a) No noxious or offensive trade or activity shall be carried on upon any Lot or within any dwelling, nor shall anything be done therein or thereon, which may be or become an annoyance or nuisance to the neighborhood or other Members. (b) The maintenance, keeping, boarding or raising of animals, livestock, or poultry of any kind, regardless of number, shall be and is hereby prohibited on any lot or within any dwelling, except that this shall not prohibit the keeping of dogs, cats or 14 caged birds as domestic pets provided they are not kept, bred or maintained for commercial purposes and, provided further, that such domestic pets are not a source of annoyance or nuisance to the neighborhood or other Members. (c) No burning of any trash and no accumulation or storage of litter, lumber, scrap metals, refuse, bulk materials, waste new or used building materials, trash or any other kind shall be permitted on any Lot; (d) Except as herein elsewhere provided, no junk vehicle, heavy machinery or equipment of any kind or character except for such equipment and machinery as may be reasonable and customary in connection with the use and maintenance of any dwelling. (e) Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained upon any lot. Garbage, trash and other refuse shall be placed in covered containers, or plastic bags as designated by the Association. (f) No Lot shall be divided or subdivided and no portion of any Lot (other than the entire Lot) shall be transferred or conveyed for any purpose. No portion of any dwelling (other than the entire dwelling) shall be leased. The provisions of this subsection shall not apply to the Declarants and, further, the provisions hereof shall not be construed to prohibit the granting of any easement or right of way to any municipality, political subdivision, public utility or other public body or authority, on to the Association, the Declarants or any other person for any purpose; (g) Except for entrance signs, directional signs, signs for traffic control or safety, and such promotional sign or signs as may be maintained by the Declarants or the Association, no signs or advertising devices of any character shall be erected, posted or displayed upon, in or about any Lot or Dwelling, provided, however, that one temporary real estate sign not exceeding six (6) square feet in area, may be erected upon any Lot or attached to any dwelling placed upon the market for sale or rent. Any such temporary real estate sign shall be removed promptly following the sale or rental of such dwelling. The provisions and limitations of this subsection shall not apply to any institutional first mortgagee of any Lot who comes into possession of the Lot by reason of any remedies provided by law or in such mortgage or as a result of a foreclosure sale or other judicial sale or as a result of any proceeding, arrangement, assignment of deed in lieu of foreclosure; Section 7. Enforcement - Right to Remove or Correct Violations. In the event any violation or attempted violation of any of the covenants or restrictions contained in this Article shall occur or be maintained upon any Lot, or in the event of any other conduct in violation of any of the provisions or requirements of this Articles, 15 then the same shall be considered to have been undertaken in violation of this Article and without the approval of the Architectural Control Committee or the Board of Directors, required herein, and, upon written notice from the Architectural Control Committee or the Board of Directors, such violation shall be promptly removed or abated. In the event the same is not removed, or the violation is not otherwise terminated or abated, within fifteen (15) days (or shorter period as may be required in any such notice) after notice of such violation is delivered to the Owner or the Lot upon which such violation if the same shall be committed or attempted on premises other than the Lot owned by such Member and as may be permitted by Section 55-513 of the Act and after notice and a hearing if required by Section 55-513(B) of the Act, then the Association shall have the right, through its agents and employees to enter upon such Lot and to take such steps as may be necessary to remove or otherwise terminate or abate such violation and the cost thereof may be assessed against the Lot upon which such.violation occurred and when so assessed, a statement for the amount thereof shall be rendered to the Owner of said Lot at which time the assessment shall become due and payable and continuing lien upon such Lot, and a binding personal obligation of the Owner of such Lot, in all respect (and subject to the same limitations) a provided in Article V of this Declaration. The covenants contained herein shall be a condition of ownership and a covenant running with each affected Lot and shall be binding upon and inure to the benefit of each Lot Owner and the heirs, successors and assigns of each affected Lot Owner. ARTICLE VIII Section 1. Management Agent. The Board of Directors may employ for the Association a management agent or manager (the "Management Agent") at a rate of compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall from time to time authorize in writing. The Management Agent shall perform such duties and services as the Board of Directors shall authorize in writing. The Management Agent shall perform such duties and services as the Board of Directors shall authorize in writing. Section 2. Limitation of Liability. The Association shall not be liable to any Member for loss or damage, by theft or otherwise, of articles which may be stored upon the Common Areas or community facilities, No diminution or abatement of assessments, as here and elsewhere provided for, shall be claimed or allowed for inconvenience or discomfort arising from the making or repairs or improvements to the Common Areas or community facilities, or from any action taken by the Association to company with any of the provisions of this Declaration or with any law or ordinance or with the order or directive of any municipal or other governmental authority. 16 ARTICLE IX Section 1. Reservation of Easement Rights by the Declarants. The Declarants hereby reserves a nonexclusive easement and right of way in, through, over and across the Lots, Common Areas and community facilities for the purpose of the storage of building supplies and materials, the installation, construction, maintenance, reconstruction and repair of sanitary sewer lines, water lines, cables, storm drains and appurtenances to any of the same, and for all other purposes reasonable related to the completion of construction and the provisions of utility services, whether public or private, to the community and to other property adjacent to, or in the vicinity or, the community. Any and all instruments of conveyancing made by the Declarants to the Association with respect to any of the Common Areas and community facilities shall be conclusively deemed to incorporate this reservation, whether or not specifically set forth in such instruments. At the request in writing of the Declarants, the Association shall from time to time execute, acknowledge and deliver to the Declarant such further assurances of this reservation as may be necessary. Section 2. Easements for Utilities and Related Purposes. The Association is authorized and empowered to grant (and shall from time to time grant) such other license, easements and rights of way over the Common Areas and community facilities for sewer lines, water lines, electrical cables, television or telephone cables, gas lines, storm drains, cables, underground conduits and such other purposes related to the provisions of utility services to the community as may be considered necessary and appropriate by the Board of.Directors for the orderly maintenance, preservations and enjoyment of the Common Areas and community facilities and for the preservation of the health, safety, convenience and welfare of the Owners of the Lots or the Declarant. ARTICLE X INSURANCE REQUIREMENTS The Association shall maintain a comprehensive general liability insurance policy covering all Common Areas or other areas under its supervision. The policy should provide coverage of at least One Million Dollars ($1,000,000.00) for bodily injury and property damage for any single occurrence. The Association shall maintain a blanket fidelity bond for anyone who either handles or is responsible for funds held or administered by the Association, whether or not he or she receives compensation. The amount of the fidelity bond should cover the maximum funds that will be in the Association's custody or the amount of three (3) months assessments on all Lots plus the Association's reserve funds whichever is greater. 17 All insurance policies shall provide for thirty (30) days written notice to the Association before cancellation or substantial modification of any policy. All premiums shall be paid as a common expense by the Association. ARTICLE XI Section 1. Amendment. Subject to the other limitations set forth in this Declaration, prior to the lapse of all of the Class B Memberships in the Association, as in Article III provided, this Declaration may be amended only by an instrument executed and acknowledged by two-thirds (2/3) of each class of the then Members of the Association, if any, and by the Declarants, which instrument shall be recorded amount the Land Records for the jurisdiction in which this Declaration is recorded. However, this Declaration may be amended by the Declarants within two (2) years of recordation. Subject to the other limitations set forth in this Declaration, following the lapse of all of the Class B Memberships in the Association, as in Article III provided, this Declaration may be amended by the Class A members as provided in this Section, which amendment shall be reflected in an instrument which shall be recorded among the land records for the jurisdiction in which this Declaration is recorded. Unless a later date is specified in any such instrument, any amendment to this Declaration shall become effective on the date of recording, provided, however, that no amendment shall be effective unless it is executed by at least one Class A Member, should there be any Class A Members. Section 2. Duration. Unless amended in accordance with the provisions of Section 1 of this Article and the other requirements of this Declaration, and except where permanent easements or other permanent rights or interests are herein stated, the covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date of recordation of this Declaration, after which the said covenants shall be automatically extended for successive period of twenty (20) years each. Section 3. Construction and Enforcement. The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of the community. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain or enjoin violation or to recover damages or both, and against any Lot to enforce the lien created hereby; and the failure or forbearance by the Association or the Owner of any Lot to enforce any covenant or restriction herein contained shall in no 18 event be deemed a waiver of the right to do so thereafter. The provisions hereof may be enforced, without limitation, by the Declarants, by the Association by any Owner or any Mortgagee of any Lot which becomes subject to the provisions hereof and by any other person, firm, corporation or other legal entity who has any right to the use of any of the Common Areas and community facilities owned by the Association. There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or attempted violation or breach of any of the within covenants or restrictions cannot be adequately remedied by action at law or exclusively by recovery of damages. Section 4. Successors of Declarants. Any and all rights, reservations, easements, interests, exemptions, privileges and powers of the Declarants hereunder, or any part of them, may be assigned and transferred (exclusively or non -exclusively) by the Declarants, with or without notice to the Association. Section 5. Incorporation by Reference on Resale. In the event any Owner sells or otherwise transfers any Lot, any deed purporting to effect such transfer shall contain a provision incorporating by reference the covenants, restrictions, servitudes, easements., charges and liens set forth in this Declaration. The failure to include such a reference shall not relieve the Lot or Owner from the effect or obligation imposed by the Declaration. Section 6. Notices. Except as otherwise provided herein, any notice required to be sent to any Member of Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed by ordinary mail, postpaid, to the last known address of the person who appears as Member of Owner on the records of the Association at the time of such mailing. Section 7. Severability. Invalidation of any one of these covenants or restrictions by judgment, decree or order shall in no way affect any other provisions hereof, each of which shall remain in full force and effect. Section 8. Mortgagee Consents. Any other provision of this Declaration to the contrary notwithstanding, neither the Members, the Board of Directors nor the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of at least fifty-one percent (51%) of the institutional holders of all First Mortgages of record on the Lots: (a) amend or modify the provisions relating to voting rights established herein; (b) amend or modify the provisions relating to maintenance 19 assessments or common expenses or their collection; (c) amend or modify the provisions relating to reserves for maintenance, repair and replacement of Common Areas or community facilities; (d) amend or modify the provisions relating to maintenance and repair responsibilities; (e) reallocate the interests of the Lot Owners in the Common Areas or rights to their use; (f) amend or modify the provisions relating to the boundary of any Lot or Common Areas once the Lot is sold by the Declarants to an Owner or once the Common Areas are conveyed to the Association. (g) amend or modify the provisions relating to the annexation of property to the subdivision; (h) amend or modify the provisions relating to insurance or fidelity bond coverage; (i) amend or modify the provisions relating to the leasing of Lots; (j) impose a restriction on an Owner's right to sell or transfer a Lot; W implement a decision to establish self management when professional management had been required previously by a mortgage holder; (1) amend or modify the provisions relating to the restoration or repair of the project after hazard damage or partial condemnation; (m) terminate the legal status of the project after substantial destruction or condemnation occurs; (n) amend or modify the provisions expressly benefiting mortgage holders; (o) resolve to use the proceeds of casualty insurance for any other purpose than the repair, replacement or restoration of the Common Areas and community facilities; or (p) amend or modify any material or substantive provision of this Declaration or the By -Laws of the Association. Neither the Members, Board of Directors nor the Association shall, by act or omission, terminate the legal status of the project for reasons other then the substantial destruction or condemnation of 20 the property without the prior written consent and approval of at least two-thirds (2/3) of the institutional holders of all First Mortgages of record on the lots. In the event of a proposed non -material addition or amendment to this Declaration, including but not limited to a correction of a technical error or clarification of a statement, the holder of an institutional mortgage shall be given notice as provided for in this Declaration. Lack of response within thirty (30) days from the Financial Institution shall be construed as consent from same. Section 10. Consent of Veterans Administration and or Federal Housing Administration. Provided that any Lot in the project is then encumbered by a deed of trust or Mortgage which is guaranteed by the Veterans Administration and/or the Federal Housing Administration and, provided further, that there are then Class B Memberships of the Association outstanding, neither the Members, the Board of Directors not the Association shall, by act or omission, take any of the following actions without the prior written consent and approval of the Veterans Administration and/or the Federal Housing Administration. (a) abandon, partition, subdivide, consolidate, encumber, mortgage, sell or transfer any of the Common Areas and community facilities; provided, however, that the granting of rights of way, easements and the like for public utilities or for other purposes consistent with the use of the Common Areas and community facilities by the Members of the Association shall not be considered a transfer within the meaning of this Section; or (b) abandon or terminate the project or Declaration; or (c) modify or amend any provision of this Declaration, the Articles of Incorporation or the By -Laws of the Association. Section 11. Additional Rights of Mortgagees - Notice. Upon written request of any holder of a First Mortgage, the Association shall promptly notify such holder of the First Mortgage on any Lot for which any assessment levied pursuant to the Declaration or any installment thereof, becomes delinquent for a period in excess of thirty (30) days and the Association shall promptly notify the holder of the First Mortgage on any Lot with respect to which any default in tlAICL k: any other provision of this Declaration remains or a period in excess of thirty (30) days following the date of such default, Any failure to give any such notice shall not affect the validity or priority of any First Mortgage on any Lot and the protection extended in this Declaration to the holder of any such Mortgage shall not be altered, modified or diminished by reason of such failure. No suit or other proceeding may be brought to foreclose the lien for any assessment levied pursuant to this Declaration except after ten (10) days written notice to the holder of the First Mortgage on 21 the Lot which is the subject matter of such suit or proceeding. Any institutional first mortgagee of any Lot within the Property may pay any taxes, utility charges or other charge levied against the Common Areas and community facilities which are in default and which may or have become a charge or lien against any of the Common Areas and community facilities and any such institutional first mortgagee may ay any overdue premiums on any hazard insurance policy or secure new hazard insurance coverage on the lapse of any policy, with respect to the Common Areas and community facilities, Any First Mortgagee who advances any such payment shall be due immediate reimbursement of the amount so advanced from the Association. Section 12. Casualty Losses. In the event of substantial damage or destruction to any of the Common Areas or community facilities, the Board of Directors of the Association shall give prompt written notice of such damage or destruction to the holders of all First Mortgages of record on the Lots. No provision of this Declaration or the By -Laws of the Association shall entitle any Member to any priority over the holder of any First Mortgage or record on his Lot with respect to the distribution to such Member of any insurance proceeds paid or payable on account of any damage or destruction of any of the Common Areas or community facilities. Section 13. Condemnation or Eminent Domain. In the event any part of the Common areas and community facilities is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, then the Board of Directors of the Association, who are hereby designated and appointed attorney -in -fact to represent the Members in such proceedings and related negotiations, shall give prompt written notice of any such proceeding or proposed acquisition to the holders of all First Mortgages of record on the Lots. No provision of this Declaration or the By -Laws of the Association shall entitle any Member to any priority over the holder of any First Mortgage of record on his Lot with respect to the distribution to such Member of the proceeds of any condemnation or settlement relating to a taking of any of the Common Areas and community facilities. Any proceeds from any such condemnation or eminent domain proceeding shall be payable to the Association for the benefit of the Lot Owners and their Mortgagees. Any distribution of funds received in connection therewith shall be on a pro-rata per Lot basis. Section 14. Captions and Gender. The captions contained in this Declaration are for the convenience only and are not a part of this Declaration and are not intended in any way to limit or enlarge the terms and provisions of this Declaration. Whenever the context so requires, the masculine shall' .include all genders and the singular shall include the plural and vice versa. WITNESS the following signatures and seals: 22 Pembridge Heights Subdivision BY: BROWNELL, INC, TRUSTEE (SEAL) Bruce M. Brownell, President BY: TC Residential Virginia, Inc. (SEAL) Mark Weshinskey, Vice President COMMONWEALTH OF VIRGINIA STATE -at -LARGE, to -wit: The foregoing Declaration was subscribed to and acknowledge by Bruce M. Brownell, President of Brownell Inc. before me, a Notary Public at la ge in the County of Loudoun, Commonwealth of Virginia, on this day of December, 1989. 0 - fi o 11�> Nqt,ary Publi My Commission Expires: u� COMMONWEALTH OF VIRGINIA STATE -at -LARGE, to -wit: The foregoing Declaration was subscribed to and acknowledged by Mark Weshinskey, Vice President of TC Residential Virginia, Inc. before me, a Notary Public at large iwthe County of Fairfax, Commonwealth of Virginia, on this a day of December, 1989. NO/tary Public My Commission Expires:-/ 23 ICI ^ �9a +_tea'=r"• COMMONWEALTH of V1RQ1N1A DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 Fax - (703) 984-9761 August 26, 1991 V - J� WILLIAM H. BUSHMAN RESIDENT ENGINEER Mr. Benjamin M. Butler Ref: Pembridge Heights Subdivision C/O McKee and Butler, Attorneys -At -Law Phase II 11 South Cameron Street Lot No. 33 P. O. Drawer 2097 Frederick County Winchester, VA 22601 Dear Mr. Butler: Enclosed you will find your recently submitted deed of vacation of a portion of an existing temporary turnaround easement fronting Lot No. 33 in the referenced development. Since the Ludlow Drive right-of-way was dedicated to Frederick County the grantor should be the same in lieu of the Virginia Department of Transportation. Once the County approves the deed and it is put to recorded we would then appreciate a recorded copy for our files. Should you have any questions concerning the above, please let me know. RBC / rf Enclosures xc: Mr. R. W. Watkins Sincerely, William H. Bushman Trans. Resident JEngineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY I f cl� ct-� COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 July 24,1991 Mr. Scot W. Marsh c/o G.W. Clifford & Associates 200 North Cameron Street P.O. Box 2104 Winchester, VA 22601 Dear Scot: Enclosed are the approved plats for the revision to lot 33 in Pembridge Heights. Please return a copy showing the recordation numbers to our department once the plat has been recorded. Thank you very much. Sincerely, �j '-- - — W. Way e Miller Zoning Administrator enclosure THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 ,, 44 J.1;'d DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENG VEER Fax.- (703) 984-9761 June 21, 1991 Mr. Nark Nelis, Vice President Ref: Pembridge Heights Subdivision Brownell, Inc. Frederick County 201 North 23rd Street Purcellville, VA 22132 Dear Mr. Nelis: This is to follow-up on our on site review of the following streets June 20, 1991: Pembridge Drive - Sections I & II Margate Court - Section II Kingsland Court - Section II Yale Drive - Section II Price Drive - Section III As discussed there is still quite a bit of work left to do on these streets before they are eligible for acceptance into the State's Secondary Road System. The following is a generalized list of improprieties which were noticed and will need correction. The prime and sealed roadways need to be patched out and resealed to correct settlement as necessary. The settlement in the Pembridge Drive surface should be corrected by saw cutting the plant mix, placing an asphalt patch and then sealing the surface with a slurry coat. Shoulders need to be reconstructed to the approved typical section and ditch lines pulled to established positive drainage. Soil stabilization mat or sod needs to be installed at locations noted on the plans. Remaining areas need to be seeded and mulched. C.D. underdrains need to be installed or repaired and marked accordingly. Several sanitary setaer manholes and valve boxes need to be adjusted to the proper elevation and skirts repaired. Manhole "B" (Price Drive) needs to be resurfaced around to achieve the approved typical section. Several drainage easements need to be defined and/or repaired. A majority of private entrances are installed incorrectly and will need reconstructing to the enclosed standard. Culvert sizes, lengths and elevations should be checked closely prior to reinstallation. Mr. Mark Nelis June 21, 1991 Page 2 At least one (1) substandard drainage structure (DI-11) was noted and will need reconstructing. Mailboxes need to be installed in accordance with the attached specifications. once the above items have been addressed we will be happy to review the streets again for possible addition. However, in the meantime please give me a call if you have any questions or require an inspection. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf Enclosures xc: Mr. Dwight W. Hawkins Mr. H. Ed Strawsnyder ,1Kr. Robert W. Watkins Mrs. Beth Lewin, Carroll Construction • �� �d;P r�ll. .•r�• �t�� COMMONWEALTH ®f VIRCINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER Fax - (703) 984-9761 1111 July 9, 1991 Mr. Eric E. Zicht, P.E., L.S. Ref: Pembridge Heights Subdivision C/O Land Services Group Limited Phase II 166 Fort Evans Road, N.E. Frederick County Leesburg, VA 22075 Dear Mr. Zicht: We are in receipt of your letter of June 20, 1991 concerning the referenced project. Your test results will be adequate in order for the section of Pembridge Drive in question (approximate Station 35+50+ to Station 45+07.55) to be brought into the State's Secondary Road System. However, as we have already advised your client, Mr. Mark Nelis, the normal one (1) year bond period from the date of acceptance will need to be extended to two (2) years on this section of street. Furthermore, we were not afforded the opportunity to inspect several other streets within the development. Both aggregate base and surface treatments were placed on the southern portion of Margate Court and Kingsland Court prior to final subgrade inspection. Testing on these streets will also be necessary to ensure compliance. Should you have any questions concerning the above, please let me know. Sincerely, William H. Bushman ns. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. Dwight W. Hawkins Mr. Robert W. Watkins Mr. H. Ed Strawsnyder Mr. Mark Nelis T D n AI C D() D T n T I r) N F(1D T W F ')1 CT /'F NTI IDV w Services Group Limited Planning, Engineering, Architecture and Interior Design June 20, 1991 Resident Engineer Edinburg Residency Virginia Department of Transportation P.O. Box 278 Edmburg, Virginia 22824 Re: PEMBRIDGE HEIGHTS - PHASE II Base & Subbase on Pembridge Drive Gentlemen: C! U-2L 0 KDW �r ",A. 0 KDC O RLF The owner of the Pembridge Heights subdivision asked me to investigate the condition of the base and subbase material installed on Pembridge Drive between Margate Court (STA 35+50+) and the terminal cul-de-sac (STA 45+07.55). This section of roadway serves 27 lots (270± vpd), qualifying for a Class II pavement design. The design engineer specified a pavement design of 10" of #21A aggregate base material and 1-1/2" of S-5 plant mix asphalt surface. Based on an assumed CBR value of 10, 8" of aggregate base material should suffice for a Class II road. We dug 5 test pits in the subject 1,000± foot section of Pembridge Drive. The subbase material is a hard, native shale. The base consisted of 10" to 14" of 21-A stone (avg. 11- 1/2") over a width of about 24 feet (vs. 22 ft. required) except on the cul-de-sac where the stone had been spread over a 45-foot radius. The base appears to be stable and in good shape except where utility work is in progress. I trust that this information meets your requirements. Please feel free to call if you have any questions or if I can be of further assistance. Sincerely, `------ Eric E. Zicht, P.E., L.S. EEZ/nl cc: Mark Nelis 1E. CERTIFICATE NO. 1050700 OW A L Leesburg, Virginia 22075 • Local (703) 771-8162 • Metro (703)478-1308 * Fax (703)777-5621 I July 8, 1991 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 703/665-5666 FAX: 703/667-0370 !?a Regina Nischan 1249 Etnam Street Winchester, VA 22601 Dear Mrs. Nischan: Please be advised that Supervisor Harrington Smith has requested that I respond to you with reference to certain matters involving Pembridge Heights. Roads The developer (Brownell, Inc.) is responsible for applying and insuring that all roads in Pembridge Heights are taken into the State Highway system. Tramel-Crowe has nothing to do with this issue. The Virginia Department of Transporta- tion has sent Brownell a list of corrections that can be adequately remedied by Brownell. The County will ask Brownell if he will erect the necessary traffic control sign in advance of the roads being included in the system. Officially Brownell does not have to comply by installing traffic control signs until he makes final application for inclusion in the Virginia Department of Transportation road system. Tall Grass The County will make the proper notification to lot owners to have the grass cut on unimproved lots. By copy. -of this letter to Mark Nelis with Brownell, I will seek to expedite the installation of traffic control signs, inclusion of the roads into the secondary system and grass cutting on unimproved lots. I trust that this correspondence adequately addresses your concerns. If I may be of assistance to you in the future, please do not hesitate to contact me. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Mrs. Regina Nisch _. July 8, 1991 Page 2 With kindest regards, I am Sincerely, John R. Riley, Jr. County Administrator JRR/tJP cc: W. Harrington Smith., Jr. Mark Nelis W. Wayne Miller V/ 305 Harrison 61-rccL, S.E. (SuiLc 100 Lce8burS, Va. 22075 7 a•v e Aj W-1 A Brownell, Inc. buildcr8 � Developers (7 t03) 777-9310 _ Metro 417 8 1118 -�O e, p las- v-42 k. z�aor- - t-- t.- -re-TF ok-- ar 's ss oC�ia:ic"', 24tR b h--=eE0iS. Z Or, -'�-e ',t2e-- o e a, o 7� S, a e C -;D'r- _P0 10 n CT v s*. -rojss rele-erif-- -Je-7,-,-r--b-eCJ doc�-Imvients an-d the a p I i,Cab".e st--Ctlon- the 7- De a oy-- Oil: C-oven-an t- s- _._A.-_. 1 2. s h e s e- in t: e a r e Fr L.2 JI e�=- 0, T, a-e-za. Sea= i�-a -2�= 1 Zund- 5� !-e De�-' af-a-: # .4 o-! � __ v -r-, .1i s. b 3- -Sinin-1 a-z 'b' T-:0-F V& o a C om m on at e a t!"V2 f-i2 e:ma e - I U �D4,w.�----�--- S3 e D--F th5E- 10 S k e �-o, i-c- FD C - an t i pF-L— e— de -I -tff'- cat J or ats b-�,en -M! on t- D- I cmsu.'"-e 044A a Aws and I - 71 s 5-- 2 A I eV E- D - cI a - - 1 cnl� -:R,7 7- Ez Q :Tc, e f:� 7:--� o4 f-, an" You j-,.�.f- I - r�Z fREDERICK COUNTY. — �' Administrators Off" ,Z COMMONWEALTH of VIRCjINIA,�'1-- C. M. G. BUTTERY, M.D. COMMISSIONER Mr. Bruce M. Brownell Brownell, Inc. 305 Harrison Street, SE Suite 100 Leesburg, VA 22075 Dear Mr. Brownell: Department of Health Office of Water Programs December 28, 1989 LEXINGTON REGIONAL OFFICE 129SOUTH RANDOLPH STREET POST OFFICE BOX 915 LEXINGTON, VIRGINIA 24450 PHONE: (703) 463-7136 SUBJECT: Frederick County Water - Frederick County Sanitation Authority - General (Pembridge Heights, Phase Plans and specifications, as prepared by Paciulli, Simmons and Associates, Ltd., for the waterline extensions at Pembridge Heights Subdivision, Phase II, located in Frederick County, have been reviewed by this office. The plans include sheets 1 of 19 through 19 of 19 entitled "Pembridge Heights, Phase II, Shawnee District, Frederick County, Virginia" and are dated March 31, 1989. The specifications, entitled "Pump Station Technical Specifications, Pembridge Heights Subdivision, Frederick County, Virginia" are dated April, 1989 with revisions dated July, September, and November, 1989. In accordance with Section 3.17 of the Commonwealth of Virginia Waterworks Regulations, this letter is to advise that the water portion of these plans and specifications is technically adequate and approved by this office. One copy each of the plans and specifications, with State Health Department approval stickers, is enclosed. In accordance with Section 3.14.01 of the Waterworks Regulations, a construction permit is not required for waterline extensions; therefore, a construction permit will not be issued. However, a Statement of Completion in accordance with Section 3.20 is required. a Mr. Bruce M. Brownell Page 2 December 28, 1989 SUBJECT: Frederick County Water - Frederick County Sanitation Authority - General ( Pembri dge Heights, Phase II) If we can be of additional assistance, please contact Mr. Bowling K. Hughes, Assistant District Engineer, or Mr. Harold T. Eberly, District Engineer, at 703/463-7136. Sincerely, X�51�-- Ronald E. Conner, P.E. Regional Director BKH/bt cc Paciulli, Simmons and Associates, Ltd. Frederick County Health Department Lord Fairfax Health District - Attn: Dr. J. Weiss County of Frederick - Attn: J. Riley Frederick County Sanitation Authority - Attn: W. H. Jones VDH - Richmond Central COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 November 20, 1989 Mr. C. Mark Seager C/O Paciulli, Simmons & Assoc., Ltd. 305 Harrison St., S.E., Suite 200 Leesburg, Virginia 22075 Dear Mark: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Final Subdivision Plats Pembridge Heights Subdivision Phase II Frederick County As requested enclosed please find the signed final subdivision plats to the above referenced development. I would like to call your attention to my letter to you of October 23, 1989 (copy attached), wherein I requested four (4) additional sets of the approved subdivision plans for Pembridge Heights Section III. I will require additional plans in order to attach to Land Use Permit #855-00713 issued to Brownell, Inc. to work on the State's right-of-way. Should you have any questions concerning the above, do not hesitate to call. RBC/rf Enclosures xc :d�;f; Sincerely, W. H. Bushman Resident Engineer 6�J& a-IJ� By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY �� iGi f1 I C , r� November 10, 1989 Mr. Mark Nelis Brownell, Inc. 305 Harrison Street, S.E., Suite 100 Leesburg, Virginia 22075 RE: Subdivision for Pembridge Heights, Section II Dear Mark: Upon review of our files, we became aware that the fees for the above referenced subdivision/master plan have not yet been paid. Listed below is a breakdown of the fees owed: $6,878.30 Total Fee Due $250 (base) + $4,445 (127 lots @ $35/lot) + $166.25 (Engineer 9/7/89) + $2,017.05 (Engineer 10/89-adjusted) Before we can final approve your subdivision plat or master plan, the above fees need to be paid to this office. Please make your check payable to the Frederick County Treasurer and mail to the Frederick County Planning Department, P.O. Box 601, Winchester, Virginia, 22601. If you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely, Renee' Arlotta Office Manager COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 Mr. Mark Nelis November 3, 1989 Brownell Inc. A,� O T 305 Harrison St. S.E. Suite 100 VhAA Leesburg, Va. 22075 RE: Subdivision Application; Pembridge Heights Section III Dear Mark, Please find enclosed the recently delivered application for subdivision of Pembridge Heights Section III, and the $530 check for the application fee. The City of Winchester and Frederick County have reached an agreement concerning development proposals located in the county but served by city sewer. This agreement provides that all such projects be reviewed by the Frederick County Sanitation Authority. If the plans are approved, the Sanitation Authority would then make a request to the city for allocation of the required capacity. Section III of Pembridge Heights would be covered by this agreement and will therefore need to be reviewed by the Sanitation Authority. The fee of $6878.30 still outstanding for review of Section II of Pembridge Heights will also need to be paid prior to the county processing application for subdivision of Section III. Please feel free to contact me if you have any questions regarding these items. In a related matter, we have received complaints of trees being felled from the -Pembridge property onto the fifth hole of the neighboring Country Club and into the creek. Please contact Wayne Miller of this office so that this problem can be addressed. Your anticipated cooperation is appreciated. Sinc rely, Kris C. Tierney, Deputy Director 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 Mr. Mark Nelis November 3, 1989 Brownell Inc. 305 Harrison St. S.E. Suite 100 Leesburg, Va. 22075 RE: Subdivision Application; Pembridge Heights Section III Dear Mark, Please find enclosed the recently delivered application for subdivision of Pembridge Heights Section III, and the $530 check for the application fee. The City of Winchester and Frederick County have reached an agreement concerning development proposals located in the county but served by city sewer. This agreement provides that all such projects be reviewed by the Frederick County Sanitation Authority. If the plans are approved, the Sanitation Authority would then make a request to the city for allocation of the required capacity. Section III of Pembridge Heights would be covered by this agreement and will therefore need to be reviewed by the Sanitation Authority. The fee of $6878.30 still outstanding for review of Section II of Pembridge Heights will also need to be paid prior to the county processing application for subdivision of Section III. Please feel free to contact me if you have any questions regarding these items. In a related matter, we have received complaints of trees being felled from the -Pembridge property onto the fifth hole of the neighboring Country Club and into the creek. Please contact Wayne Miller of this office so that this problem can be addressed. Your anticipated cooperation -is appreciated. Sincerely, Kris C. Tierney, Deputy Director 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COMMONWEALTH ®f VIRQINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 October 23, 1989 Mr. C. Mark Seager C/O Paciulli, Simmons & Assoc., L.T.D. 305 Harrison St. S.E., Suite 200 Leesburg, VA 22075 Dear Mark: LJ 0ji r, OCT 2 5 %9 WILLIAM H. BUSHMAd RESIDENT ENGINEER Ref: Pembridge Heights Subdivision Phase III Route 1246 Frederick County This is to acknowledge receipt of your revised plans dated October 3, 1989 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following conments: A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. • Our review and coraients 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 data for subdivision streets prior to acceptance 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 (forty-eight) 48 hours notice for inspections. • If mailboxes are to be placed along the roadway fronting lots, a minimum of four (41) feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. • Private entrances will be installed in accordance to the attached sketch. This is the developer's responsibility. TRANSPORTATION FOR THE 21 ST CENTURY El .Mr. C. Mark Seager October 23, 1989 - Page Two - Any signs to be installed will be in accordance with attachments. • I suggest any utilities or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. • I will require four (4) additional sets of the approved plans to attached to Land Use Permit #855-00713 issued to Brownell, Inc. to cover work on the State's right-of-way. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rf Attachments xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. J. B. Diamond Mr. F. E. Wymer / Mr. R. W. Watkins V Brownell, Inc. COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 ,October 2, 1989 Mr. Mark Nelis Brownell, Inc. 305 Harrison St., S.E. Suite 100 Leesburg, Virginia 22075 Dear Mr. Nelis: This letter is to confirm that on August 9, 1989, Frederick County Board of Supervisors approved the Subdivision Plat of Pembridge Heights, Section II and a portion of Section III, 51 acres zoned RP, for 127 single-family lots. This property is located on the north side of Route 50, approximately 1/2 mile east of I-81, in the Shawnee Magisterial District. As per your telephone conversation with this office, we will require the following prior to final administrative approval of the plat: 1. A check in the amount of $6,878.30 [This is an adjusted figure, reducing the charges of the County Engineer sewer and water review per Robert Watkins, Planning Director.] 2. A deed of dedication 3. A bond to cover public improvements for Phase II and III 4. Plats signed by VDOT, the Sanitation Authority, and the owners of the property. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, Kris C. Tierney Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ��arris,S�mar' C��Inc. Planners/ Engineers/Surveyors Fair Center/11240 Waples Mill Road/Suite 100/Fairfax, VA 22030 (703) 385-3566,Manassas, VA (703) 368-3124 Kris Tierney, Deputy Director Frederick County Planning Dept. 9 Court Square, Box 601 Winchester, Va. 22601 INVOICE # PROJECT# 72106-4-0010 PROJECT: Pembridge Sec. II FOR PROFESSIONAL SERVICES RENDERED THRU: PROFESSIONAL SERVICES HRS. RATE AMOUNT Principal 2.0 @ 48.00 96.00 Project Manager 3.8 @ 33.25 126.35 Sr. Engineer 43.5 @ 33.25 1446.38 Admin. Assist. 1.5 @ 14.50 21.75 Total Direct 1690.48 Total Indirect (1.5) 2535.72 TOTAL THIS INVOICE% $4226.20 tredaeed per Harris,Srrwiga&Assoaates, Harris,Srr>Iaiiga,Matz,Inc. Frederick, MD/(301) 662-4488 Baltimore, MD/(301) 486-1511 Harris:,, Smariga, Ors o, Inc. Surveyors • Engineers • Landscape Architects • Planners FAIR CENTER-11240 WAPLES MILL ROAD FAIRFAX, VIRGINIA 22030 (703) 368-3124 Kris Tierney, Deputy Director Frederick County Planning Department 9 Court Square, P.O. Box 601 Winchester, Va. 22601 PROJECT: Pembridge Heights, Phase II FOR PROFESSIONAL SERVICES RENDERED THRU: do 1Eov E" sm-ems �JI September 7, 1989 INVOICE # PROJECT#72106-0-0010 PROFESSIONAL SERVICES HRS. RATS; AM MET Meeting with Design Engineer & Regulation to Comments Project Manager 2.0 hrs. Total Direct Total Indirect 33.25 66.50 66.50 99.75 TOTAL DUE THIS INVOICE $166.25 Please Return Yellow Copy With Remittance A Finance Charge Will Be Applied On Unpaid Invoices brownd, Inc. Guilders L6 Developers 303 Harrison (�Lrcct.. &E. c%LC 100 Leesburg. Va. 22075 July 21, 1989 Wayne Nicholson 1176 Princeton Drive Winchester, Virginia 22601 Dear Mr. Nicholson: (703) -77 �310 Mct.ro 478-1118 I understand that your sanitary sewer lateral was struck by Norton Construction while installing a storm sewer structure. I recall relaying a message through my secretary that Norton Construction was responsible for installing the storm sewer structure. However, I was not informed of the damage you suffered as the result of this accident. Brownell Inc. is the developer of the Pembridge Heights subdivision and we are utlimately respsonsible for the acts of the the subcontractor. Brownell Inc. will reimburse you for all actual costs associated with the damage to your lateral. Please forward any invoices for materials or labor you incurred as the result of this accident. I sincrely apologize for the inconvience that you suffered. If I had been informed of the damage you suffered earlier, this offer would have been made at that time. Please contact me directly if you would like to discuss this matter. Sin cer ly, Mark Nelis cc: John Riley Robert Watkins Hb'1ieS,mri angd, Q!iSi�flo,hic. Planners/ Engineers/Surveyors Fair Center/ 11240Waples Mill Road/Suite 100/Fairfax, VA 22030 (703) 385-3566,Manassas, VA (703) 368-3124 July 20, 1989 Kris Tierney, Deputy Director Frederick County Planning Dept. 9 Court Square P.O. Box 601 Winchester, VA 22601 Re: Pembridge Heights --Section II Final Subdivision HSO #72106-4-0010 Dear Mr. Tierney: Based on our meeting with the Design Project Engineer at your office yesterday, it appears that the issues we raised during our review have been adequately addressed or resolved. I, therefore, do not have any reservation to the County approving these plans at this time. Si cer ly, Paul A. Bernard, P.E. Vice President PAB/km �nxuigaRAssociates,hic S><nariga, hw- Frederick, MD/(301) 662-4488 Baltimore, MD/(301) 486-1511 FREDERICK COUNTY SANITATION AUTHORITY JAMES H. DIEHL, CHAIRMAN C.A. MOLDEN, VICE CHAIRMAN G. W. BORDEN, SEC.-TREAS. DONALD R. HODGSON E. O. RUDOLPH, III NED M. CLELAND POST OFFICE BOX 618 WINCHESTER, VIRGINIA 22601 PHONE 703 - 665-5680 July 17, 1989 Mr. Robert W. Watkins, Director Planning and Development 9 Court Square P. O. Box 601 Winchester, VA 22601 WELLINGTON H. JONES, P.E. ENGINEER - DIRECTOR The civil engineering comments made by Harris, Smariga, Orsillo, Inc. on Pembridge Heights, Section II, dated July 5, 1989, were shown to the Authority by Brownell, Inc., the developer. I note that half of the thirty-six comments involved water and sanitary sewer lines. By copy of this letter, I am informing Brownell to disregard these comments as the Sanitation Authority has reviewed and approved the water and sanitary sewer plans. It is my understanding that the County's consulting engineer was not to review the water and sanitary sewer plans. The Authority's staff engineer is the only person authorized to approve water and sanitary sewer plans for the Authority. The review by your engineer is redundant, unnecessary, confusing, and a waste of money. Thus, I strongly recommend your engineer stop reviewing plans for water and sanitary sewer lines. Should you wish to discuss this, please call me. Sincerely yours, W. Jones, P.E. Engineer -Director .RM cf: Mark Nelis - Brownell, Inc. Paul A. Bernard - Harris, Smariga, John G. Whitacre - FCSA Orsillo, Inc. U ��r(�T�O(�U, Inc. 505Uorri6un6ineoL(S.[. (%LcK]O June 14, 19B9 Mr. Chris Tierney Deputy P-,anririg Di rector County of Frederick WinchesterI Virginia HAND DELIVERED Dear Chris: (703)7779310 Ple ase find attached the ilIustrative plans for Phase II of the Pembridge Heights subdivis�on. The slide of the illustrative color - plan is being prep�--red. PI ease advise me directly if you any other information to forward this application to the Planning Commission. thank you for your cooperation in this matter. Sincerely z RAY D. PETHTEL COMMISSIONER COMMONWEALTH ®f VIRG DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 (703) 984-4133 July 13, 1989 Mr. Mark Seager C/O Paciulli, Sinmons & Assoc., Ltd. 305 S. Harrison St., S.E. Suite 200 Leesburg, VA 22075 Dear Mark: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Pembridge Heights Sections I & II Revised Drainage Design Frederick County As requested in your letters dated July 6, 1989 we have reviewed the following: - Realignment of the drainage easement across Parcel "B" - Addition of a drainage swale and easement between Lots 5 & 6 - Relocation of the 15" C.M.P. storm sewer and sanitary sewer on Lot 196 The proposed changes appear satisfactory and are approved. I would like to remind you the final subdivision plats will need to be revised to reflect these changes. Should you have any questions concerning the above, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rh xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. F. E. Wymer (w/f l set plans) Mr. R. W. Watkins J Mr. Mark Nelis - Brownell, Inc. TRANSPORTATION FOR THE 21ST CENTURY r COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 June 6, 1989 Mr. Mark Seager C/O Paciulli, Simmons & Assoc., Ltd. 305 Harrison St. S.E., Suite 200 Leesburg, VA 22075 Dear Mark: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Pembridge Heights Phase II Frederick County This is to acknowledge receipt of your revised plans dated May 24, 1989 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: - A preconstruction conference held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. - Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. - Our review and comments are general in nature; should conditions in the field exit 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 data for subdivision streets prior to acceptance 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 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. Please coordinate with Mr. F. E. Wymer, Inspector, at the Winchester Office (703-662-8876). - 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 attached sketch. - Private entrances will be installed in accordance to the attached sketch. This is the developer's responsibility. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Mark Seager June 6, 1989 - Page #Z - - Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. - Any signs to be installed will be in accordance with attachments. - The paved access drive to the sewage pump station will not be eligible for acceptance into the State's Secondary Road System. The entrance to Keswick Court will be constructed in accordance with the private entrance design. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rh Attach. xc: Mr. R. L. Moore Mr. J. C. Heatwole yip-. F . E . Wyme r Mr. R. W. Watkins J I fr �anga,Q!Kiflojnc. F[71�7_9 ------ Planners/Engineers/Surveyors 0I @ [2 '/ Fair Center/11240 Waples Mill Road/Suite 100/Fairfax, VA 22030 "`—J — (703) 385-3566,Manassas, VA (703) 368-3124t , +f A Orup July 5, 1989 Mr. Kris C. Tierney Deputy Director of Planning Frederick County Planning Dept. 9 Court Square P.O. Box 601 Winchester, VA 22601 Re: Pembridge Heights -Sec. II Final Subdivision HSO #72106-4-0010 Dear Mr. Tierney: We have completed our review of the above project and recommend the attached comments be addressed. Once these comments have adequately been addressed, we do not see any reason why the plan cannot be approved. If you have any questions or if the engineer would like to go over these comments, please let me know. i'ncer ly. Paul A. Bernard, P.E. Vice President PAB/km Enclosure Harris, Smai iga &A&so"es, Inc. Hanis,&nanga, XU7. nc. Frederick, MD/(301) 662-4488 Baltimore, MD/(301) 486-1511 t + E. Li IN '11 N TRANSMITTAL rans�rrassion contains P�49e-,k i ric i I udlrl(-1 this ec-,,Ver sheet )ijr fax number is 777-1996 fol, fijtjjj�e ere I- , -w. ih,—,.,id you not receive all paqt--s, please contaut oul office at 06/0099 1W, 2 703 777 1996 BI-OWFIC11, Mr. Chris Tierney Deputy Planning Director County of Frederirk WinLheOtWr, Virginia ViA VAX 1 ANELL INC June 01 1989 02 War Chris: Rivaso 4ino enclosed a letter from the Virginia Department of Transportation approving our constrvctio" drawings for Section, 11 f Pembric1qe Heights. Two weeks ago, when we met in your office, I � gave you the review comments from 'BOO T. It is my understanding that the Fire Marshal has approved our plans and has communicated this fact to you. The Sanitation authority approved the constructior drawing, on April 15. Their approval stamp in included with this; I hope you. will now make evvry effort to forward the drawing, to your consulting engineer. I frankly do not under ntand why this was not done two weeks ago when all the comments +rum review agencies had hoen completed. !he illustrative plat +or Planning Commission is being prepared and will be +orwarded to you next week -100 AV Ar .4 e I T 7 0 -.,: 1 1 �7 1, 9, R, R ELL. fNL i SHAJA RD s s SKAJ E LID j'( ��iALL, BE SOLID WITIH TWO PK '-r _)L — I , 7,��,'Ai. fTY WATER PRODUCT S NK )Ei PAM TIC;HT 'C,13' ,RAPPROVEU FQ',.jAL.. RF A MINIMUMOF 4 Ifs CHFS IN CNAMETERAND ITS SHALL BE KEPT TO MIMIMUM GASKET 1ECTIO-N TO Th'­ MAjN IN NPW CCmNSTRUCTIC'fl ADAPTORS 0 SDR 21 ARF REOUIRF0, ONES SHALL ALLOW NO GREATER INF'!L'-1 RAT ION OF 100 L FOU014" ING SM'.117iCATICM UNLESS THE REOUIREMENT S :�GNGI�R PlPr ;;'OLYVINJYL CH(ORIDE PIPE 1 PVCi AND NFORM TO THE s FOR PIPE, WITH A MINIMUM MALL THICKNESS OF AND SPIGOT T'YPF WITH THE BELL INTEGRALLY FOWAED TH ASTM F47_i. PIP :SHALL BE MANur-AC TUIREL) BY ETi, EONR APPRO'vFD EQUAL, 10 GLI*GE iNSIJLATFD COPPER WIRE SHALL Sr CONTINUOUSLY T­I.-q t" I I R 71- MF N TS 01'_ AVorWA STANDARD F", 51 Rl'.) WITH AWW A STANDARD CIG4. UNLESS HAVE PUSH-ON XIN NTE7 IN.;- THE RECUIREMENTS THICKNESS OF THF PIPE. !N NCM44L APPLICATIONS, :)RM THE -CONFOPUNG TO AS"I'M C478 WP.-H ECC—ENTRIC HE RiQFIAENTS (Y ASTM C'1­8 510, /E INC � 'I, t1ric I BE c FAM )(,'-)T W CS AND THE BASE A MINIMUM OFFIGHT INCHES ,K)INTS SRALL BECC-PING CONFORMING TO )Vr-RFMWITH FIGq0U_Q 13MAAASMINATERP9100FING 1EDSYPORTER PAINT COMPANY POIEENTRY H TWO STAINLESS STEEL Bk,,T_3. R 1) 1 C I.A f V I It") ts' I'; TY _77 r L) BY- poll j W2 154 W ELL INC 03 V-1XQ1N CON -CM ONWEALTHol' 1A 0EPARTMENT OF TRANSVORTAVON P, 0, 4ox 276 WtNSiRG, 22a24 WxfJAM 4 ftEf54MAN RAY U. PETHTEL (703) 984-41al C.OMMMMONOMP June 6� IL989 Mark �.ie nef. perrbridge Heights r, Sear Phase 11 /0 pac- ij',l ? ,. C r Asa(x:. , Ltd. lFre6erick County 85 tia r r ison 12S1 r-k-- 2) IN -)w- revjz-�.d _pl,--Irm dated May 24, 1989 tO the �.:j to ackpi, -dge rectl-iVr of Y01W bov, -f t*rc%r 3 The plans apTiear latlsfact-Ory &r� axe ��EVroved' cr-, - . d locati on lease the developer accordingiv. offer the- following rats A the qmw-e. arxi/or- developer worth the , ion, mnference held by - en - r att-Tof tJie contcr-w-r ra, various C�Uuj-jty aqerK-It!9 aryl VDOT shall be AI, prjor t jrjj��j-atjon of wurk. 0 ,Mater:Lals, -wsed and iothod of on Sha 'ply w current observed vjxr Rc3ad and Bridge Vecificat-jon3 applIcahj& during coast can of tliin deve. togqant . & our revliew -,Ind cLjymnta are qcneral ;ors nature; -,hOuld (-!OnditlOns ' -e f Leld exit m=ch that IddltiOnal measl.).res are warrwited� gw.J-- m&Asuxes Shall r.hp -ed -ion of -,or to Lmiusion into sat sfact- the Department pry the secondar,rl- Road S'yst-elu- and data for subdivi.A—z' attach is -a cOVY Of t-he F"ini'm1m req1'remen�'.3 st.refrl.o11 aveparice into tcondarY YST, This is 11ity c)f th�- develop er, _�h I_n t,� --f n iitch lines along All dra-w.nag" 1,-t to be aarrled wj,te right )f -way i the streef to a pipe or drainage cl�aaexrv--nt, The core-ratforsha 1 notify Mn when work Is to begin or cease for anY 11ndetermined length of time, yr w-1 '1 also require 48 hours notice for ,.kTx,- Ll with Mr. F. E. WYITer, InBY�r, at the Wincticst,--r 0'fLI-C-C tfmlcxes ire to --placei i-long -rIodwa-Y fronti,ing lots, iuortt' 4' shall -vm,erhe edge of 7xvven- "d tlecera* )fm,lbx s fon the attached - Private enf,--ranc-P-2; will bP- install ed y--7n.vxlanr�e. t-c theatt-4ched This �.4 tht. Flea I TRANSPORTATION FOR THE -CNTURY t 10 NE 1- 04 mr. Mark Wayr jArie 6, 198 9 - Page 4 2 - Any &nt-ranr meeOV., e% constructAd from the refercnced xtreet(S) Call met t W Iran i n,.n Any wtqns to be installed will be in WaOrlance witb attacNents- The paved accnS3 dwive the Sewage Exglp _qtIti,on will not be eligAle for acceptance int,-j the St.3, Road system. The entrance to Keswick czolu-t will , re ancos2ance with the private cntrance design. 3t,,cjuid y<.n—eed add-itiona I t.l k do not tarto,-ail Awlernly, W, H. &.'alunari Remident Wginner L�y ru,,k*rt :r�c- (7h,- I dress Wq. PrIvIts & 2WO spec3.0or RVI rh Amach'' xc,- Mr. R. L. -11x:re W. J. C. AnatonAe W. 17. E. Qler "r. R. W. Aatkirts Brownell, Inc. Builders 0 Developers 305 Harrison Street. S.E. Suite 100 Leesburg, Va. 22075 June 1, 1989 Douglas Kiracose Fire Marshal County of Frederick Winchester, Virginia HAND DELIVERED (703) 7 7_9310 � 71 Metro 478-11I8 RE : PEMBRIDGE HEIGHTS SECTION II Dear Doug: Last week you explained that you have had the opportunity to review the construction drawings for Phase II of the Pembridge Heights subdivision. You explained that you looked at these drawings with John Whittaker of the Sanitation Authority and that no changes were necessary to the fire hydrant locations. I spoke to Chris Tierney yesterday and he was not aware of your review. At your earliest opportunity please provide Mr. Tierney with some notice that your review is complete. Thank you for your cooperation. cc: Chris Tierney z5 116�1z) I-107-1(f Sincerely, Mark Nelis - : Cl/ I L MAY . :.;......: 1989 Ewa COMMONWEALTH of DEPARTMENT OF TRATI ANSPO ON P. 0. BOX 278:..''. RAY D. PETHTEL EDiNBURG. 22824 (703) 984-413 WILUAM H. BUSHMAN t COMIAWMER May 8, 1989 , nEsw ENciNc-�R 2 Mr. Mark Sanger R r, I ridge Heights C/O Paciulli, Sinl<m= & Assoc. Ltd. � == Phase II 305 Harrison St., SE Suite 200 Frederick County Leesburg, VA 22075. C Dear Mark: As requested, we have reviewed the above referenced plans dated March 31, 1989. Please find my recotmmpndations on the attached plans marked in red and as follows: 1. The 36" pipe at Station 31+00, Pmnbridge Drive, to be increased to a 42" size. 2. The cmp stoma sewer pipes shown on Plan Sheet 17 to be fully coated and fully paved in accordance with subdivision policies. 3. CD underdrains to be installed at approximate locations noted on plans.. 4. Legend on plans showing where Standard EC-2 and Standard EC-3 is used should be more easily distinguishable between the two (2) types. 5. We recommend storm sewer be installed around cul-de-sacs with lot frontages of less than 52' so private entrances may be installed to our minimum standards (see attached specification sheet). 6. It is the developer's responsibility to determine the size of private entrance culverts for the entire project. Our minimum requirements are 15" in diameter and 30' in length. At this time I will request a listing of the culvert sizes for my files. Please revise and resubmit for review. Should you have any questions, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer 6��1 .94&&e� By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rh Attach. xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY rrt-I ( i Surface- Crusher Run Aggregate ( ' No. 25 or 26 CIO o'� -Ie Culverts if Note: Lengths of culverts shown on rood plans for entrances are approximate and shall be adjusted to obtain above roadway widths. Note: All entrance grades shall slot bock of the shoulder line. If drainage is necessary, the ditch line may be moved back to provide of least 9" of cover over pipe, as shown of right. • 12' or existing width whichever is greater. vI w) of wl oI \Cf. • 9a\ 17i Q Cn / W v z a' a I— z W 0 -----u---c+� Z fn W l a 1 a- \ z z a J a 1 fn L' 2 O t o Q 3: 40 W '07n E 2 a:Z N W z Z Cr W J Q t Entrances in fill to be some as above except location of culvert (when necessary). STANDARD PRIVATE ENTRANCES VIRGINIA DEFIARTMENT HIGHWAYS AND TRANTATION SPECIFICATION REFERENCE 514 PACIULLI, SIMMONS & ASSOCIATES, LTD. 305 Harrison Street, S.E., Suite 200, Leesburg, Virginia 22075 Telephone (703) 777-2755 a Metro 478-8015 • FAX 777-8751 OFFICES LOCATED IN FAIRFAX, LOUDOUN, PRINCE WILLIAM AND RICHMOND, VIRGINIA TO: ro'e-,"1cle awo, ATTN: THE FOLLOWING ITEMS ARE TRANSMITTED HEREWITH THE ABOVE ITEMS ARE SUBMITTED: DATE: ZL-5/e9 SUBJECT: R-MS2tV6.j5 Hg I kTS �HA 5 E :[ COUNTY NUMBER: WORK ORDER NO.: L ISO Mail _ Deliver il� Pick-up _ AT YOUR REQUEST - FOR YOUR REVIEW ✓ FOR YOUR APPROVAL ✓ GENERAL REMARKS: �(LE�EQICK (_ootu'rY &rj, TATjo o Aurkoe ;y 'kA-S APP2dvFD Tk C PLANs. c �( V DDi rs ,-ewe,���,a . V 17H M,,Ij reCewc 2`t4 5k6,-o5jon sAe.,/ �ilecic rice% fire. k 1 me 1f ilvk rave am esho7S Received By: Date: COPIES TO: BY: TRANSMITTAL Engineers, Planners, Surveyors, Landscape Architects PACIULU, SIMMONS & ASSOCIATES, LTD. 305 Harrison Street, S.E., Suite 200, Leesburg, Virginia 22075 Telephone (703) 777-2755 * Metro 478-8015 • FAX 777-8751 OFFICES LOCATED IN FAIRFXX LOUDOUN, PRINCE WIWAM AND RICHMOND, VIRGINIA Howell B. Simmons. PE LS Joseph G. Paciulli Edward R. Addicott. PE May 25,1989 W. Robert Childress Commonwealth of Virginia Department of Transportation P.O. Box 278 Edinburg, VA 22824 RE: PEMBRIDGE HEIGHTS - PHASE II .✓ �- ri, •� J. Owens Berry , ^ " c ►� 875.1903 MAY jag `� Berry ]�e ' 1958 '!�� C. Paciulli. Jr. P DEPT. OF PLAIdNlIyG 1981 PMENT' S AND DEVELO I am herewith submitting the above mentioned project for second review. I have responded to your comments as follows: 1) The 36" pipe at Station 31+00, Pembridge Drive, to be increased to a 42" size. * According to Joe Heatwole from the District office in Staunton, the 36" pipe is acceptable. 2) The CMP storm sewer pipes shown on Plan Sheet 17 to be fully coated and fully paved in accordance with subdivision policies. * A note to this effect has been added on Sheet 17. 3) CD underdrains to be installed at approximate locations noted on plans. * CD underdrains shown at appropriate locations. 4) Legend on plans showing where Standard.EC-2 and Standard EC-3 is used should be more easily distinguishable between the two (2) types. * The EC-2 and EC-3 are delineated more clearly on the grading plan sheets. 5) Storm sewer will not be required around cul-de-sacs as discussed in our phone phone conversation earlier this week. Engineers, Planners, Surveyors, Landscape Architects W. Robert Childless Commonwealth of Virginia Department of Transportation May 25,1989 Page two 6) A listing of culvert sizes is included on the cover sheet. The minimum length for culverts shall be 26' according to the sketch on Sheet 8. This shall provide a 2' overhang on each side of the driveway. Please feel free to call me if you have any questions. Sincerely, Mark Seager MSM js cc: Mark Nelis. PACIULLI, SIMMONS & ASSO61ATES, LTD. 305 Harrison Street, S.E., Suite 200, Leesburg, Virginia 22075 Telephone (703) 777-2755 • Metro 478-8015 • FAX 777-8751 OFFICES LOCATED IN FAIRFAX, LOUDOUN, PRINCE WILUAM AND RICHMOND, VIRGINIA TO: F_t2f_DC,etCK Couprt/ UPT- ©F ?LAANv1m - S, Buis -ply T ATTN: lV e koeEer 4JAT'K1NS THE FOLLOWING ITEMS ARE TRANSMITTED HEREWITH DATE: 343 1 SUBJECT: TE�782r1�G-E �%�G-HTS r "1:5E ZZ' COUNTY NUMBER: WORK ORDER NO.: L J56.2 Mail _ Deliver ✓ Pick-up _ THE ABOVE ITEMS ARE SUBMITTED: AT YOUR REQUEST FOR YOUR REVIEW GENERAL REMARKS: JPectae lee- I -tree 4 ea 11 S o C ne a fC54 Qnd UDor u e, Received By: COPIES TO: FOR YOUR APPROVAL M We )4ve G /e "C1 Date: BY: MAe-K ScAG-EQ TRANSMITTAL Engineers, Planners, Surveyors, Landscape Architects Mr. Russell Shadid Vice President and Construction Loan Officer Equitable Federal Savings Bank 11501 Georgia Avenue Wheaton Maryland 20902 Dear Mr. Shadid: COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 December 15, 1989 RE: Letter of Credit ELC - 0116 This is to inform you that Frederick County is prepared to reduce the amount of the Letter of Credit held as security for the completion of public improvements in the Pembridge Heights development. The current letter was issued on December 19, 1988 for $500,000, this may be reduced to $300,000 in a new letter to insure the construction of all public improvements in Sections I, II and III of the Prembridge Heights Subdivision. If you have any questions or require any additional information please feel free to contact me. Sincerely, Rri C Tier n Deputy Director cc: Mark Nelis 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 �o•S-9a .X/r�iYfSiO,c! f/f1�t Zr lsl 5� 1ZZ 7w-7pxm�� �s�xivr�S VEMBRIVGE HGHTS, PHASE II SUBDIVISION �� '- -1 ' a5 c () Shawnee Vi,6tk i. :t