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Home My WebLink About11-00 Kernstown Business Park Lot II Section I Back Creek - BackfileSubdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: (Comment sheets not required if approved tLIDP is associated with this subdivision.) VDOT Sanitation Authority Inspections Department Fire Marshal (/ / / \/ U CXFJJ 1 "LIV111 tr V VL♦\. . V City of Winchester Health Department Parks & Recreation County Engineer V U Fee paid (amount: $ 3o ) Information entered in d-BASE and Reference Manual A-)O -• 00 PSA�- File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment Updated d-BASE and Reference Manual File given to Renee' to update Application Action Summary Final plat(s) submitted with review agency signatures along with: �1' Recorded deed of dedication Bond estimate (if required) $ Wopm-aRons ManuaAsubdivision.trk Revised 11/30/98 A CASI. Date � f 0 01 19 0 9 RECEI Received From r Address F GW Jh !f 13 ti "ib t, �i_� V t / D_offers $ " Four_-'71 rIlp - y I I: t�3 Q AMT OF CASH W ACCOUNT uj AM7 PAIf3' %( �•`. (j CHEC, h Il. BALANCE MONEY-}� { �"'+�, DUE. ORDER- ..,..,. By (t. \ rX )•._ il. � FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 September 21, 2000 R T & T Partnership Attn: Thomas C. Baker P.O. Box 3243 Winchester, VA 22604 RE: SUBDIVISION #11-00 OF KERNSTOWN BUSINESS PARK, LOT 11 - SEC. I Dear Tom: This letter is to confirmthat your application for the above -referenced subdivision was administratively approved on September 20, 2000. This department has received a copy of the recorded plat and deed; therefore, there is no further action required on your part. If you have any questions regarding the approval of this subdivision, please feel free to call this office. Sincerely, l� Evan A. Wyatt; AICP Deputy Director EAW/ch cc: Jane Anderson, Real Estate A:\APPRV—DEN\SUBDIVISIONS\KemstDwnBusPaLSUB 107 North Kent Street - Winchester, Virginia 22601-5000 F I NAL PLAT B 9 7 4 PG 17 01 LOT I I SECTION I KERNSTOWN BUSINESS PRRK BACK CREEK DISTRICT FREDERICK CDUNTY, VIRGINIA TAX MAP # 75-A-2D ZONE 3-3 USE VACANT APPROVED BY Frederick County Sanitation dAu-a4IAA Datei:M?1P_z_10 o Planning Commission _ ,___Date N h Subdivision Administrator,_O-41 Date 8145100 Virginia Department of TransportatIon pate-J17'0) OWNERS' CERTIFICATE The above and foregoing subdivision of the land of RT&T Partnership a Virginia Partnership, as appears In Lite accompanying plat, is with the consent and in accordance with the desires of the and rsigned, owners and trustees, If any. NOTARY PUBLIC 1�A Cc, a Notary Public in and f r Lite Commonwealt f Virginia at large, do a tify that ss and 1� �� _ 1 whose names nr•e,: signed to the foregoing owners' certificate, have acknowledgeO.Wthe same before me in my state. Oiven under m hand thiac da of' u • P Jz` 26d'� FJ Y y I hereby certify that the land contained in this subdivision is the some land conveyed to RT81T Partnership, a Virginia Partnership, by Deed Dated 15 October. 1987, said Deed Is th r rd d n e Office of the Clerk of the Circuit Court of rrederic 'o t ,Virginia in Deed Book 662 at Page 648. David M. Furstenau, L.S. JULY 2T. 2000 FURSTENAU SURVEYING (540) 662-9323 I I I SOUTH LOUDOUN ST. WINCHESTER. VA. I - , .10F3 'NO, ' RAD. DECTFr ARC TAN. CHO. CHO. BRG. T 55.00' 1340 40' 28" 129.28' 131.72' 101.51' N 56020'35" E BK974PG1702 NOTE: LOT GORNER5 .�-- 80, V ALLEY PIKE t . AREA TABULATION `"FINAL PLAT BEFORE SUBDIVISION 20.60515 AC. LOT 11 SECT ION 1 AFTER SUBDIVISION KERNSTOWN BUSINESS PRRK 11 2,28115 AC BACK CREEK DISTRICT LOT FREDERICK COUNTY, VIRGINIA REMAINDER 18.32400 AC. 0 0 O N f DATE* JULY 27 2000 RURSTENAU SURVEYING (640) 662.9323 1 200- III SOUTH LOUDOUN ST, WINCHESTER, VA, __ BK914PG1103 FINAL PLAT LOTH I SECTION 1 KERNSTOWN BUSINESS PARK BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIR PROFFERED CONDITIONS A strip of land sixty (60) feet in width shall be dedicated to the County of Frederick for the. purpose of providing a future collector road which will connect Valley Pike (Route 11) with Shady Elm, Road (Route 651). The location of this dedicated strip of land is from the end of Prosperity Drive to the western limits of parcel 75-A-2D, as demonstrated on the attached plat which is referred to as Exhibit 1. The voluntary dedication of land shall be valid for as long as the Winchester. Area Transportation Plan identifies this area as a potential route for a collector road between Route 11 South and Route 651, due to the possible expansion or change of the 1-81 - Route 37 South Interchange. This shall not be used for any private expansion of a road or development of private lands to the west or south of this land. If after eight years from the dated signed, this land has not bveen used or is not in the definite plans for a collector road between Route 11 and Route 651, the land will revert back to the owner of record of each parcel. DAVID IN. AJRST NAU NO. 1455 ,Q-1 SURVO f=URSTENAU SURVEYING (540) 662-9323 .1111 SOUTH LOUDOUN ST. WINCHESTER, VA, JULY 27, 2000 3OF3 i a COMMONWEALTH OF VIRGINIA go OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 09101/00 TIME: 09:18:20 ACCOUNT: 069CLR000009218 RECEIPT: 00000014061 CASHIER: JJK RES: UN17 TYPE: DBS PAYMENT: FULL PAYMENT INSTRUMENT : 00000921H BOOK: 974 PAGE: 1699 RECORDED: 09101/00 AT 09:17 GRANTOR: RT 9 T PARTNERSHIP EX: N LOC: CO GRANTEE: NEWLIN CARLTON R EX: N PCT: 100% AND ADDRESS : 268 MARPLE ROAD WINCHESTER, VA. 22603 RECEIVED OF : BRYAN t COLEMAN DATE OF DEED: 08/30/00 CHECK $1 565.60 DESCRIPTION is B C DIS PAGES: 0 2: 2.28115 ACRES, SEC L LOT II NAMES: 0 CONSIDERATION: 120,000.00 ASSOME/VAL: 00 MAP: 75—A-2—D CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 21.00 145 VSLF 1.00 039 DEEDS AND CONTRACTS 180.00 038 DEEDS OF CONVEYANCE 60.00 213 COUNTY GRANTEE TAX 60.00 212 TRANSFER FEES 1.00 220 GRANTOR TAX 60.00 106 TECHNOLOGY FUND FEE 3.00 TENDERED : 1,565.60 AMOUNT PAID: 386.00 CHANGE AMT : 1,179.60 CLERK OF COURT: REBECCA P. HOBAN mis po) APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: J_00 Application # Fee Paid Applicant/Agent: R T & T PARTNERSHIP Address: POST OFFICE BOX 3243 WINCHESTER, VIRGINIIA 22604 Phone: (540) 678-0736 Owners name: R T & T PARTNERSHIP Address: POST OFFICE BOX 3243 WINCHESTER, VIRGINIA 22604 Phone: (540) 678-0736 Please list names of all owners, principals and /or majority stockholders: THOMAS C. CLASS THOMAS C. BAKER RALPH GREGORY Contact Person: THOMAS C. BAKER Phone: (540) 678-0736 Name of Subdivision: KERNSTOWN BUSINESS PARK Number of Lots Z LorS Total Acreage 29.6 Z0.4 Property Location: ROUTE 11 SOUTH, NORTH OF HORTON'S NURSERY ACROSS FROM MILLER HONDA DEALERSHIP 1/2 MILE SOUTH OF ROUTE 37 AND ROUTE 11 SOUTH (Give State Rt.#, name, distance and direction from intersection) Magisterial District BACK CREE Property Identification Number (PIN)) PARCEL 2D TAX 75 iS-A-Z b 0 Property zoning and present use: B-2 ZONING - LANT VACANT Adjoining property zoning and use:B-2 ZONING EAST, SOUTH, NORTH, Mi,2 ZONING WEST, USE EAST -MILLER AUTO SALES, WEST -INDUSTRIAL PARK, NORTH -VACANT Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? KERNSTOWN BUSINESS PARK (#003-91) Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) N/A Number and types of housing units in this development: Number NIA Types N/A E REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278. Edinburg, Virginia 22324-0278 (540) 9844M g84-5bM The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: R T R T PARTNERSHIP, POST OFFICE BOX 3243, WINCHESTER, VA. 22604 THnMAs C. BAKER (540) 678-0736 Name of development and/or description of the request: KERNSTOWN BUSINESS PARK - SUBDIVIDE LOT Location: ROUTE 11 SOUTH - NORTH OF HORTON'S NURSERY, ACROSS FROM MILLER HnNnA DEALERSHIP IN BACK CREEK MAGISTERIAL DISTRICT Va. Dept. of Transportation Comments: No objection to the subdivision of this property. This section of street is currently not in the State's Secondary Road System. however, aii entrance esz -*A be-e3�gible for acceptance- ptance- A complete set of construction plans will be required for review. VDOT Signature and Date:. Transportation Engineer 08/14/00 (NOTICETO RESIDENT EN(;INEER*PLE -, RETUIiNTHIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach three (3) copies of your application form, location map and all other pertinent information. Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, 4th Floor Winchester, Virginia 22601 (540) 665-5643 AUG 0 2 2000 f UBUC The Frederick County Engineering Department is located at 107 North Kent Street, 4th F loor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: R T & T PARTNERSHIP, POST OFFICE BOX 3243, WINCHESTER, VA. 22604 THOMAS C. BAKER (540) 678-0736 Name of development and/or description of the request: KERNSTOWN BUSINESS PARK - SUBDIVIDE LOT Location: ROUTE 11 - SOUTH -NORTH OF HORTON'S NURSERY, ACROSS FROM MILLER HONDA DEALERSHIP IN BACK CREEK MAGISTERIAL DISTRICT Engineer Comments: A/ode.,.vo at" is _hrG✓ C Signature and Date: _ (NOTICE TO ENCIN lSloa NC DEPT.XPLEASE RETURN TIIIS FORNI TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form. REQUEST FOR SUBDIVSION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: _R T & T PARTNERSHIP, POST OFFICE BOX 3243, WINCHESTER, VA. 22604 OMAS C. BAKER (540) 678-0736 Name of development and/or description of the request: KERNTOWN BUSINESS PARK - SUBDIVIDE LOT Location: ROUTE 11 SOUTH - NORTH OF HORTON'S NURSERY, ACROSS FROM MILLER HONDA DEALERSHIP IN BACK CREEK MAGISTERIAL DISTRICT Sanitation Authority Comments: A040 C'0/�!/yl.�/i// Sanitation Authority Signature & Date: (%lj D O (NOTICE TO SANITATION AUTHORITY * RN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. 1. Which type of application did you complete? Rezoning Master Development Plan Conditional Use Permit Site Plan Subdivision X Variance 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) Completing the application form Tax verification Agency review comments Adjoiner identification information Other (Please specify) NONE 3. Did you have a discussion with a staff member before submitting the application? YES X NO 4. Were you able to receive the assistance or information that you needed from the staff? YES X NO 5. What portion of this process took the longest for you? Completing plans Completing the application Tax Verification Agency review comments Other (Please specify)_ 9 6. What do you think could have been done differently to make this process quicker? NONE 7. Do you have any suggestions about what we could do to make this process work better? NONE May 17, 1996 (K \wp\corn\bah cAapplic.rev) BRYAN & COLEMAN, P.L.C. ATTORNEYS AT LAW 12 ROUSS AVENUE WINCHESTER. VIRGINIA 22601 TELEPHONE: (540)665-4366 FAX: (540)665-4380 AIICHAEL L. BRYAN H. EDMUNDS COLEMAN, III Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Evan Wyatt September 19, 2000 Re: R T & T Partnership to Carlton R. Newlin - Lot 11, Section 1, Kernstown Business Park, Back Creek Magisterial District, Frederick County, Virginia Our File No. 32967 Dear Mr. Wyatt: Enclosed please find a copy of the recorded Deed relative to the above. If you have any comments or questions, please advise. HECIII/ss Enclosure Sincerely, MAIIINQ ADDREBB: F. O. Box 28W WINCHEeTER. VA 22604 H. Edmunds Coleman, III �� J RECEIVED S E P 2 0 2000 DEPT. OF PLANNING/DEVELOPMEW BK974PG ! r ,9 THIS DEED, made and dated thisJ0 day of August, 2000, by and betweenRT&T cY PARTNERSHIP, a Virginia Partnership, party of -the first part, hereafter called the Grantor, and CARLTON R. NEWLIN, party of the second part, hereafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee in fee simple, absolute, all of that certain lot or parcel of land, lying and being situate on r, the southeastern side of Prosperity Drive in Back Creek Magisterial District, Frederick County, 0 NVirginia, containing 2.28115 acres and more particularly described as Lot 11, Section 1, Kernstown Business Park, as shown on the plat of survey drawn by David M. Furstenau, L.S., a g dated July 27, 2000, attached hereto and by this reference made a part hereof as if set out in full; rq W• A AND BEING a portion of the same land conveyed to the Grantor herein by Deed dated October o � 15, 1987, of record in 's Office of the Circuit Court of Frederick County in Deed Book co N i + 662 at Paged 648. Reference is ma a aforesaid instruments and the references therein contained for a more particular description of the property herein conveyed. or. This conveyance is made subject to all easements and rights of way of record and c, J particularly that certain twenty foot (20') utility easement along the south and western boundary of co .b the subject property as shown on the aforesaid attached plat. This conveyance is further subject to othe certain restrictive covenants attached as "Exhibit A" hereto and by this reference made a part E' hereof as if set out in full. The Grantor does hereby covenant that he has the right to convey to the Grantee that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances, and he will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: RT&T PARJnERSHIP wHa �owN" By: ti 3 Thomas C. Baker, Partner t a By:Thomas CGlass, artner z � 3 w 1 3K974'PG1700 . i STATE OF VIRGDRA, CITY OF WINCHESTER, TO WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Thomas C. Baker, Partner of RT&T Partnership, whose name is signed to the foregoing Deed dated Augusts , 2000, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaidtlua?T .,, L Given under my hand day of August, 2000. My Commission expires lIJ�Q�3 '6-R& �C NOTARY PUBLIC STATE OF VIRGINIA, CITY OF WINCHES�TpE ,R,nT.O-_WIT: I, QW, ' , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Thomas C. Glass, Partner of RT&T Partnership, whose name is signed to the foregoing Deed dated August', 2000, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 3E day of August, 2000. My Commission expires Lf h NQD-'3 co 0� NOTARY PUBLIC STATE OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: I, C) A1��x i , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Ralph S. Gregory, Partner of RT&T Partnership, whose name is signed to the foregoing Deed dated August 00 , 2000, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this at day of August, 2000. My Commission expires 12UQ IL&' .3 h iaon � 10626RIT _ �(:), C�- x J NOTARY PUBLIC Exhibit A RESTRICTIVE COVENANTS. €jX 7 7 4 PG 1 7 0 4 FOR KE:.RNSTOWN BUSINESS PARK AREA ZONED P-3 KNOW ALL MEN BY THESE PRESENTS: WHCf-.'EAS, R7'T Partne-rship, hereinafter called Owners, have caused certain lands awned by then, to be platted into an addition, known as. Kernstown Business Park, to the County of Frederick, Virginia. WHEREAS, it is the desire and intent of owners, commercial buildings, signs, and other appurtenances placed within said sub- division be designed and placed in such a manner their location, orientation on the lot, architecture, landscaping, and method of identification (signs), compliment the other buildings in the subdivision and are individually and collectively useful and attr^act ive; NOW THEREFORE, Owners hereby adapt the Restrictive Covenant -- stated herein and agree the stated coversarits shall apply L-.a the D-?, ZONED portion of the property now platted as Kernstown 13usiness Park, an !addition to the County of Frederick, Virginia, as covenants running with the land: 1. SCOPE OF APPL I CAT I O14 These covenants shall apply in their entirety to the area, Zoned 11-3, now know and described as Kernstown Business Park, are addition to the County of Frederick, Virginia, as shown in the recorded plat thereof. (See attached Plat) 11. PURPOSES OF COVENANTS The purposes of these Restrictive Covenants are, to: (A) Provide .pit architecturally pleasing arid compatible plan of development fc�r the property; F-.age i OR974PGI70z) (B) Protect the Owner's and Tenants of lots against improper development and use of surrounding lots, in the B-3 Zoned portion � �f the development, which will depreciate the value and/or use of their lot; (C) Prevent the erection or maintenance on Kernstown Business Park of structures constructed of improper or unsuitable materials or with improper or unsuitable quality methods of construction; (D) Ensure adequate consistent and reasonable development of Kernstown Business Park as a high -quality commercial environment; (E) Encourage and ensure the erection of the attractively designed improvements appropriately located within Kernstown Lousiness Park in order to achieve harmonious appearance and function; (F) Provide adequate off-street parking and leading facilities; (G) Provide minimum maintenance standards to promote a uniform, neat and clean appearance throughout Kernstown Lousiness Park; (H) Guide the development of Kernstown Business Park in a manner compatible and consistent with the objectives and goals of the County of Frederick, Virginia; in a phased and orderly manner insuring an economically and environmentally sound and balanced community; III. DEVELOPMENT STANDARDS AND PROTECTIVE COVENANTS 1. Dui ldinn Desiun_and Construction Standards. The objective in building standards is to obtain consistency and quality in architectural design and to protect and enhance values in Kernstown Business Park. (A) RT&T Partnership or its assigns must approve initial building plans, including building elevations and construction materials. Page BK97'°G1706 (B) The exterior wall of any side wall facing Prosperity Drive shall be constructed of material architecturally appealing as approved by RT&T or their assigns. 1. Ferl-prrnance Standards__ :See Frederick County IP3 zoning for allowable uses. 2. W-1—cks. Fallow Frederick County guidelines for setbacks. 3. Off -St reet Parking Follow Frederick County guidelines. No parking shall be permitted on any street or road or at any place other than on the paved parking areas provided for and described hereinbelow. Adequate off-street parking shall be provided to accommodate a business' anticipated needs; however, shall at least meet the minimum standards required by the Frederick County ordinances. All off-street parking, access drives and leading areas shall be paved and properly graded to assure proper drainage and to avoid drainage onto adjacent lots. 4. Oui:sid= Storage. All outside storage areas permitted and all waste and rubbish storage facilities shall be within an enclosed area, properly screened, and shall have an all-weather surface. No material or wastes shall be deposited upon any lot in such a form or manner that same may be moved by natural causes or fords. 5. Signs. One central subdivision sign for the businesses located off U.S. Rt. 11 will be allowed. Identification signs shall be restricted to advertising only the persons or companies located on the lot. Two (2) temporary signs per lot is permitted at any one time. Temporary signs may be used for construction and design team information or future occupant identification. Any permanent sign must comply with the sign _ordinances in effect of Frederick County, Virginia. Page BK974PG1 /07 G. Screen i nR (A) Storage areas, storage tanks, trash containers, heating, air conditioning, electrical, gas, utility, and other special equipment, materials, and maintenance facilities, shall be either housed in enclosed buildings or otherwise completely screened. Such screening may be by the use of landscaping or permanent fences. Roof objects (including fans, vents, cooling towers, skylights and all roof mounted equipment which rises above the roof line) shall be housed in closed buildings or screened a minimum of 4' above roof line. (U) No satellite dish larger than four (4) feet in diameter, shall be erected on the property or any structure thereon. Allowed satellite dishes shell be suitably screened in such a manner that the dish cannot be seen from Prosperity Drive or U. S. 11. (C) Boundary fences, fronting Prosperity Drive, roust be of woad, brick or stone, no higher than 48", except as required for buffering by Frederick County Planning Commission. 7. Utility Connect ion- . All utility connections, including all electrical and telephone connections and installations of wires to buildings, and all pipes, conduits, cables .and lines shell be made underground from the nearest available source. 8. On -Site Drain—e. Each Owner shall be required to provide adequate drainage for the lot which drainage plan and system shall be approved by Frederick County Planning Commission and shall be designed to avoid all but minimal.spillage or drainage onto any adjacent lot. Drainage plans and systems shall be designed to direct the flow of water into the public area as approved by the County or toward the rear lot lines of the lot being developed. Page 4 BK974PGI70P 9. Landsc"ingn All grass areas shall be kept mowed to a height not: exceeding G inches. All shrubs, trees and other ornamental bushes will be kept in good condition �n sty that all dead wood shall be removed from the same to present an agreeable setting. Each owner shall maintain the landscaping on its property and all plantings thereon in good health and appearance without substantial alteration and shall repair any damage thereto occurring by reason of any cause whatsoever. IV. SCOPE OF AGREEMENT 1. Run with the Land. these covenants and restrictions shall run with the land and shall be binding on all parties, their heirs and assigns, for a period of twenty-five (25) years from the date hereof. (A) Within six months of expiration, a majority of the lot owners may amend or cancel these restrictions and covenants by filing said amendments or cancellation in writing in the land records of Frederick County, Virginia. If no such action is taken, these covenants shall continue for successive five year increments and any five-year period may be terminated in accordance with the terms of the original termination. (E) During the initial term any subsequent extension of these Covenants, compliance with a provision of these Covenants may be waived or the Covenants may be amended if the waiver or amendment is reduced to writing and approved by a majority of the owners of lots located within the subdivision. Any waiver or amendment shall be recorded in the land records maintained by the Office of the Circuit Clerk and Ex-Officio Recorder of Frederick County, Virginia. pave 5 OK974PG1709 Violations. if any party or lot owner violates or attempts to violate these- covenants or restrictions it shall be lawful for any person or persons owning any interest in arty. lot to prosecute any violating or atterapting to violate any such covenants or restrictions, either to prevent them from doing so or to recover - damages or other penalties for such violation. 3. Invalidation. Invalidation of any one of these covenants by judgment or court order shall, in no wise, affect any of the other provisions herein contained. VIRGINIA. FREDERICK COUNTY, SCT. This instrument of writing was produced to me on �f at / /`I - 4 . and with certificate of acknowledgement thereto an nexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable Clerk Page 6 LUI 11 SUBDIVISION #11-0W 4 `*NSTOWN BUSINESS $eC.l Back Creek" PARK