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HomeMy WebLinkAboutRegency Heights Stonewall District - Backfile (2)I. r C. Supplemental Funding for Future Construction or Improvements Listed in the Adopted Six -Year Plan. When the Resident Engineer anticipates allocations (in addition to those proposed in the adopted Six -Year Plan) will be required to completely finance a project, the county may request permission to provide one half of such additional financing with the remaining one half provided by state matching funds. This includes, but is not limited to, such things as signalization, additional preliminary engineering, or acquisition of additional right-of-way. This same procedure may be utilized to accelerate the funding of a project and thereby permit its completion earlier than otherwise would have been possible. D. Construction or Improvements not Included in the Adopted Six -Year Plan . When the Resident Engineer believes that the necessary work may be completed within the fiscal year, the county may request one half the funds to construct a project not currently included in the Six -Year plan. However in such cases, the county funds, together with the state matching funds, must finance the entire estimated cost of the project within the fiscal year involved. E. Construction or Improvements Necessary for the Acceptance of Specific Subdivision Streets Otherwise Eligible for Acceptance into the System for Maintenance. The construction or improvements (widening, surface treating, etc.) necessary for the acceptance of certain subdivision streets otherwise eligible under Section 33.1-72.1,Code of Vir ig nia , for acceptance into the secondary system. The work should be completed within the fiscal year involved. F. Unprogrammed Maintenance Whose Accomplishment is Consistent with the Department's Operating Policies. Examples of this type of work include normal maintenance replacement activities such as guardrail replacement, plant mix overlays, sidewalks and curb & gutter repair. 4 § 33.1-70.2 HIGHWAY LAWS any secondary road in such county that carries fifty or more vehicles per day with a hard surface of width and strength adequate for such traffic volume, the Department of Transportation shall give consid- eration to such resolution in establishing priority in expending the funds allocated to such county. The Department shall consider the paving of roads with a right-of-way width of less than forty feet under this subsection when land is, has been, or can be acquired by gift for the purpose of constructing a hard -surface road. B. (Effective until July 1, 2001) Notwithstand- ing the provisions of subsection A of this section, any unpaved secondary road that carries at least fifty but no more than 750 vehicles per day may be paved or improved and paved within its existing right-of- way or within a wider right-of-way that is less than forty feet wide if the following conditions are met: 1. The governing body of the county in which the road is located has requested paving of such road as part of the six -year plan for the county under § 33.1- 70.01 and transmitted that request to the Common- wealth Transportation Commissioner. 2. The Commonwealth Transportation Commis- sioner, after having considered only (i) the safety of such road in its current condition and in its paved or improved condition, including the desirability of reduced speed limits and installation of other warn- ing signs or devices, (ii) the views of the residents and owners of property adjacent to or served by such road, (iii) the views of the governing body making the request, (iv) the historical and aesthetic signifi- cance of such road and its surroundings, (v) the availability of any additional land that has been or may be acquired by gift or other means for the purpose of paving such road within its existing right-of-way or within a wider right-of-way that is less than forty feet wide, and (vi) environmental considerations, shall grant or deny the request for the paving of such road under this subsection. The Commonwealth, its agencies, instrumentali- ties, departments, officers, and employees acting within the scope of their duties and authority shall be immune for damages by reason of actions taken in conformity with the provisions of this subsection. Immunity for the governing body of any political subdivision requesting paving under this subsection and the officers and employees of any such political subdivision shall be limited to that immunity pro- vided pursuant to § 15.2-1405. The provisions of this subsection shall expire on July 1, 2001. (1973, c. 360; 1977, c. 578; 1985, c. 440; 1997, cc. 715, 729; 1999, cc. 306, 320.) The 1997 amendments. — The 1997 amendments by cc. 715 and 729 are identical, and inserted the A designation at the beginning of the first paragraph, in the first sentence of subsection A, substituted "adopts" for "may adopt" and substituted "that carries" for "which carries," inserted "under this subsection" follow- ing "width of less than forty feet" in the second sentence of subsection A, and added subsection B. The 1999 amendments. — The 1999 amendments by cc. 306 360 and 1999 2n thewhich are identical, n last paragraph of subsection"B "July 1, 2001" for "dulq 1 § 33.1-70.2. Emergency paving of unpaved secondary roads; notice and public hearing required. — In the event of an emergency, no unpaved road within the secondary system of high. ways shall be paved unless the following procedures are satisfied: 1. The Commonwealth Transportation Comrais. sioner shall provide notice of such intended paving to the governing body of the jurisdiction wherein the affected highway or portion thereof is located. The Commissioner shall provide such notice following his decision to pave the unpaved secondary road within the jurisdiction affected. 2. The local governing body shall hold a public hearing concerning the proposed emergency paving and all plans to pave the affected secondary highway shall be suspended until after the public hearing is held. Such hearing shall be conducted jointly by representatives of the local governing body and a representative of the Department of Transportation. The local governing body's recommendation regard- ing the proposed paving shall then be forwarded to the Commissioner within thirty days following the receipt of the Commissioner's notice. 3. The Commissioner shall consider the following factors in determining whether the unpaved second- ary road, as the result of an emergency, shall be paved: (i) the safety of the secondary highway in its current condition; (ii) the feasibility of restoring the unpaved highway to its functional level prior to the emergency; (iii) the concerns of the citizens in the jurisdiction wherein the affected highway is located, particularly those persons who own land adjacent to such highway; (iv) the concerns of the local govern- ing body of the jurisdiction affected; and (v) the historical and aesthetic significance of the unpaved secondary highway and its surroundings. (1996, c. 923.) § 33.1-71: Repealed by Acts 1992, c. 94. § 33.1-72: Repealed by Acts 1979, c. 321. Cross references. — For new section relating to similar subject matter, see § 33.1-72.1. § 33.1-72.1. Taking certain streets into sec- ondary system. — A. `Street," as used in this section, means a street or highway shown on a plat which was recorded or otherwise opened to public use prior to July 1, 1988, at which time it was open to and used by motor vehicles, and which, for any reason, has not been taken into the secondary sys- tem of state highways and serves at least three families per mile. B. "County," as used in this section, means a county in which the secondary system of the state highways is constructed and maintained by the 3 ggl HIGHWAYS, BRIDGES AND FERRIES § 33.1-72.1 901' for "July f unpaved is heari� ergency, no ;em of high Procedures 'n Commis. tded paving wherein the ocated. The e following ndary road Id a public ncy paving ry highway hearing is jointly by )ody and a sportation. ion regard- rwarded to lowing the e following ed second- y, shall be 'way in its ;toring the rior to the ens in the is located, Ldjacent to al govern - A (v) the unpaved (1996, c. ailar subject nto sec- i in this on a plat to public was open , for any lorry sys- st three neans a he state by the Department of Transportation and which has adopted a local ordinance for control of the develop- Oent of subdivision streets to the necessary stan- dards for acceptance into the secondary system. C. Whenever the governing body of a county rec- ommends in writing to the Department of Transpor- tation that any street in the county be taken into and become a part of the secondary system of the state highways in such county, the Department of Transportation thereupon, within the limit of avail- able funds and the mileage available in such county for the inclusion of roads and streets in the second- ary system, shall take such street into the secondary system of state highways for maintenance, improve - went, construction and reconstruction if such street, at the time of such recommendation, either: (i) has a minimum dedicated width of forty feet or (ii) in the event of extenuating circumstances as determined by the Commonwealth Transportation Commis- sioner, such street has a minimum dedicated width of thirty feet at the time of such recommendation. In either case such streets must have easements ap- purtenant thereto which conform to the policy of the Commonwealth Transportation Board with respect to drainage. After the streets are taken into the secondary system of state highways, the Depart- ment shall maintain the same in the manner pro- vided by law. For streets whose plans are submitted on or after July 1, 1998, if the local government requires street pavement widths other than those set forth in the Virginia Department of Transporta- tion's Subdivision Street Requirements (24 VAC 30-90-10 et seq. of the Virginia Administrative Code), any increase in the annual cost of mainte- nance attributable to such other pavement widths shall be paid to the Department by the local govern- ment. Such street shall only be taken into the secondary system of state highways if the governing body of the county agrees to contribute from county revenue or the special assessment of the landowners on the street in question one-half of the cost to bring the streets up to the necessary minimum standards for acceptance. No such special assessment of land- owners on such streets shall be made unless the governing body of the county receives written decla- rations from the owners of seventy-five percent or more of the platted parcels of land abutting upon such street stating their acquiescence in such as- sessments. The basis for such special assessments, at the option of the local governing body, shall be either (i) the proportion the value of each abutting parcel bears to total value of all abutting parcels on such street as determined by the current evaluation of the property for real estate tax purposes, or (ii) the proportion the abutting road front footage of each parcel abutting the street bears to the total abutting road front footage of all parcels abutting on the street, or (iii) an equal amount for each parcel abutting on such street. No such special assessment on any parcel shall exceed one-third of the current evaluation of such property for real estate tax pur- poses. Such streets are eligible under this provision only if neither the original developer, developers, nor successor developers retain a speculative interest in property abutting such streets. For the purpose of this section, ownership or partnership in two or more parcels, or equivalent frontage, abutting such streets shall constitute speculative interest. Special assessments under this section shall be conducted in the manner provided in Article 2 (§ 15.2-2404 et seq.) of Chapter 24 of Title 15.2, mutatis mutandis, for assessments for local improvements. D. Whenever the governing body of a county recommends in writing to the Department of Trans- portation that any street in the county be taken into the secondary system of state highways as a rural addition to the secondary system in such county, the Department of Transportation thereupon shall, within the limitation of funds and the mileage limitation of the Commonwealth Transportation Board's policy on rural additions, take such street into the secondary system of state highways as a rural addition thereto for maintenance, improve- ment, construction, and reconstruction. Any street added to the secondary system under this provision shall be constructed to the Department's standards for the traffic served. Such streets are eligible under this provision only if neither the original developer, developers, nor successor developers retain a specu- lative interest, as herein defined, in property abut- ting such streets. The local governing body of any county may use revenues derived from the sale of bonds to finance the construction of rural additions to the secondary system of such county. In addition, from the funds allocated by the Commonwealth for the construction of secondary road improvements, such governing body may use funds allocated within the Commonwealth Transportation Board policy.for the construction of rural additions to pay principal and interest on bonds associated with rural addi- tions in such county, provided the revenue derived from the sale of such bonds is not used as the county matching contribution under § 33.1-75.1. The pro- visions of this section shall not constitute a debt or obligation of the Commonwealth Transportation Board or the Commonwealth of Virginia. E. In instances where it is determined that specu- lative interest is retained by the original developer, developers, or successor developers and the govern- ing body of the county deems that extenuating circumstances exist, the governing body of the county shall require a pro rata participation by such original developer, developers or successor develop- ers as a condition of the county's recommendation pursuant to this section. The basis for the pro rata percentage required of such developer, developers, or successor developers shall be the proportion that the value of the abutting parcels owned or partly owned by the developer, developers, or successor developers bears to the total value of all abutting property as determined by the current evaluation of the property for real estate purposes. The pro rata HARMON A JOHNSTON ATTOANiTO AT LAW wINONloT[N• WRGINIA I I # 3 4 4 * of Satwa °a REGENCY LAKE ASSOCIATES T0%*C6%kiuCLte TO DEED OF DEDICATION Book tp�'Page COUNTY OF FREDERICK.CO..:, VA304 ******************** * * ** fOAn A(AME CNAN THIS DEED OF DEDICATION (REGENCY HEIGHTS), made and dated this day of as dy,4a, , 1986, by and between Regency Lake Associates, a Virginia.,partnership,.party of the first.part, hereinafter called the -Grantor; THE'COUNTY OF FREDERICK, VIRGIN IA, party of the .second part, hereinafter called the Grantee'; 'and The Apple -Cart,_ a partnership created under the laws of the Commonwealth.of Virginia, party of.the third part, hereinafter called The Apple Cart. WHEREAS, the Grantor is the owner in fee simple of a certain tracts or parcels of land situate in Stonewall Magisterial District.of-Frederick County,: Virginia, to -wit: All of those.three'(3) parcels of land, together with the improvements thereon and the appurtenances there unto belonging, located in Stonewall Magisterial District of: Frederick ,County, Virginia, lying and being' ituate on the.:North side of, -`Rout, 7, just East of Winchester, Virginia and more particularly described as. Parcels A and C and as Regency Heights on the. plats prepared by Gilbert W. Clifford .and Associates attached hereto and by thisreferencemade apart hereof, and being a portion of the properties conveyed to the Grantor herein by deeds from (1) Kinross -Farm, et al, dated December 20, 1985,and recorded in the Clerk's Officer of the Circuit -Court of Frederick. County, Virginia in Deed Book 608,. at Page 58.91(2) '`'' George W. Baker, Jr., Personal Representative, et al, dated December 18,•1985 and,,recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 568; and (3) Frances E. Hulver dated':': December 19, 1985 and recorded in the aforesaid Clerk's Office.' in Deed Book 6081``at Page1558= as well as a.right,of way from The Apple'Cart,'a-Virginia partnership, et al, dated t Y • t�} KU tj HARRISON A JOHNSTON ATT01NIT/ AT LAW •INCNIITII. V11114IA DK637P0202 December 27, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at -Page 562; and, WHEREAS, Parcel AA (see Appendix AA) and a portion of Parcel A.is'owned by The Apple Cart, subject to a right of way to the Grantor herein, and The Apple Cart desires to join in the dedication of Parcel Al and, WHEREAS, the Grantor now -desires to subdivide a portion of said land into lots to be known as Regency Heights and to evidence that the subdivision, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desire of the undersigned owners and that the said Grantor does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of Frederick County, Virginia and further -to dedicate certain roads, to the County of Frederick, Virginia. NOW, THEREFORE TI•IIS DEED OF DEDICATION WITNESSETHt A. That for and inconsideration of valuable consideration, including the benefits which will accrue by reason of this.dedication, the. Grantor does.hereby subdivide the land designated as.Regency,Veights, located North'side of fi Route 7 in Stonewall.Magisterial District of Frederick County, Virginia as more particularly...;described by the aforesaid referenced plats, and does hereby dedicate to the: Grantee Parcel A, Parcel C and that portion of said Regency Heights subdivision land- designated for a road, a drive or a place, even though- the same may be referred to. .as a.right of way, all as more particularly described on the aforementioned attached .1. plats, and does hereby create a public right of passage over same. B. The Apple Cart joins in this instrument for the sole purpose of and does 4ereby dedicate and convey to the Grantee - 2 - NARRINON A JOHNSTON ATTONNITN AT LAW WIN.N95TI2. V14410A II DK637PG203 all its title to and interest in Parcel A and Parcel AA. C. All the lots, as shown on the plat attached hereto, shall be subject to the following restrictions, which are covenants real and running with the land and shall be binding on all subsequent owners of the said lots, and each deed, by recitation or by reference, shall contain these restrictions: 1. All lots shall be used for single family residential purposes only.. No detached garage shall be permitted on any lot. Any utility or other out building, on any lot shall be of the same material and construction as the main structure on such lot. 2. No signs or advertising of,any nature shall be erected or maintained on any lot except for sale or rental signs for said lot which signs shall not exceed five (5) square feet in area. 3.. No boats, mobile homes, motor homes, campers, commercial buses, trailers.of any type, tractors, trucks or other motor vehicles (other than automobiles,. motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 4. No animals of any kind (including livestock, poultry or birds)'shall'be permitted on any lot, except that dogs, cats and'other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual.numbers. 5., No fence or hedge shall be constructed or.planted in the front nor along the side,(not applicable to corner lots) of any residence nor within twenty-five (25) feet of any street. - 3 - I !l 4 F x Y i f HARR13ON A JOHNSTON ATTOONCn AT LAW WINCNCCTER. tIRNINIA IX637FG20 Rear fencing and hedges shall not exceed six (6.) feet in height. All fencing,shall be of wood'construction. 6. ,No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be, or may become, an annoyance or.nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 8. In the event a dwelling unit is damaged, or has materially deteriorated,'the-owner of the unit shall immediately repair the damage or deterioration. 9. No lot.shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers.. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup. 10. No exterior clothes lines, or hanging device, shall be permitted on any lot, except for an umbrella —type with a diameter not to exceed seven (7) feet, provided, however, that. the same may only be used in theNrear of any building constructed on said lot and the clothes line is stored within a utility building or the equivalent when the clothes line is not in use. 11. Every owner shal'l.provide his lot with off-street parking space of at least 450 square feet; which may include all area in any driveway located on the lot itself, to be used by the inhabitants of the dwelling house located on said lot. Parking on the street shall be "prohibited and it' i-s the, intent..:;• of this restriction that parking space for at least two . r - �4 - MANIIINON A JOHNST13N ATTONNIT/ AT LAW •INNNSST[N. TINNINIA BK637PG205 �Ivehicles be provided. 12. There shall be no planting, structure, fences, shrubbery, or other obstruction to obstruct vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five (25) feet of the intersection of any street lines. 13. All split foyer dwelling houses shall have 600 square feet of living space on each floor, excluding carports, garages, and basements, and rancher.style dwelling houses, shall have 900 square feet of living space on each floor. 14. All dwelling houses constructed, if said dwelling house has a chimney, and the chimney is flued on.the outside of the dwelling house, then all such flues shall be entirely faced with brick or with -the -same -material that is•used on the outside�of that dwelling house. 15. All lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat .attached hereto in addition to those applicable requirements of the Frederick County Subdivision and Zoning Ordinances. 16. All of the covenants and restrictions herein shall remain it full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Regency Heights shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 17. The Grantor reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these _. .... ... .. .... ..... ........-....... .. ....� n ... .. n .. y... .. i«T: a. Y:U �� .. .1. ..4: : .M.,.-1.. 4 . 47 i:`�.#1.C.?t¢'::M t'F.'•.±(}$ I MARMON & JONNITON ATTONNM AT LAM •INOMONTONI VINNINIA ;X637FG206 provisions upon any other lots. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment or -Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a,waiver of.the right to do so thereafter as to a default occurring prior or subsequent thereto. 19. The covenants and restrictions herein contained shall not impose any restraint on any land now owned or hereafter acquired by Regency Lake Associates,'a Virginia.partnership, other than the subdivided lots shown on the attached plats as the Regency Heights Subdivision lots. D. The Grantor reserves for itself and its assigns an easement ten (10) feet wide, along all property lines of each lot for the purpose of installing any utilities including, but not limited to, electrical lines, telephone lines, water and sewer lines and television cable -lines. E. "Open Space A", "Open Space B" and "Open.Space-C" as noted on Page 21 of Appendix B attached hereto shall be conveyed to the Regency -Heights Property Owners Association, Inc. (hereinafter called "The Association"). All rules and regulations for the use of theses three areas.shall be set by The Association. The Association shall be operated by the. -following By-laws: (1) Every person or entity who is a.record.owner of a fee or undivided fee interest in any lot shown on the attached plat 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 - 6 1 HARRISON A JOHNSTON ATTNNN[TN AT ur WINNNtNT98• TINNINIA IK637PG207 obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and continuing qualification for membership. (2) Each member shall have one (1) vote for each such lot owned by that member. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in Regency Heights. (3) Each member shall have a right and easement of enjoyment in and to the "Open Spaces" as shown on.the attached plats and such right and easement shall be appurtenant to and pass with the title to each lot, subject, however, to the conditions and restrictions placed thereon by The Association or hereby. Furthermore, each lot owner's right to'use the "Open Spaces" is conditioned upon his payment of the annual assessments noted below and his compliance with the rules and regulations of The Association. (4) The members of.The Association shall hold their annual meeting on the.first Saturday in April of each year, at which meeting the .members shall elect the Board of Directors of The Association, which Board shall initially consist of three (3) members, all of whom must be lot owners. The number of Directors on the Board and the date of the annual meeting may be changed by.*the membership at their annual meeting. At this annual meeting, The -Association shall also designate one of thl Directors to be the President and the other a Secretary - Treasurer. The vote of the members shall be by majority vote of those present or represented at the meeting by proxy. The President shall have the authority to call special meetings of The Association for any purpose by giving at least ten (10) days written notice ipailed to the last known -address of each member. - 7 - NAIMION A JONNITON ATTONN[TI AT LAW WINCNCfTCN, VIRNINIA IK637PG208 (5) The Association, if authorized by•members holding two-thirds of the members' votes, may dedicate or convey to any utility or public entity any of`the Association's real estate. (6) An annual assessment, beginning in 1987, shall be made by The Association for the purpose of maintaining, im- proving and perpetuating the "Opgn'Spaces" and the recreational facilities thereon and•of maintaining street light service to the subdivision. Expenses of maintenance, improvement and perpetuation shall include, but not be limited to, the payment r of.real estate taxes, insurance, repair and replacement of facilities, legal and accounting expenses and other expenses necessary to operate The Association. The annual assessment shall be owned by the owner of record of each lot as of January 1 of the year of the assessment. The annual assessment for 1987 shall'be Fifty Dollars ($50.00) per lot and shall be payable on or before the first day of June, 1987. The amount of each subsequent annual assessment and the time at which it shall be payable shall be 'determined by The Association at its annual meeting.. The amount of the annual assessment shall be set at an .amount .intended to accomplish the purposes noted above, including the-creation.of a reserve. £or.anticipated t expenditures and emergencies. The Association shall notify each,lot owner in writing at least thirty (30) days prior to the assessment being due. Failure to pay an assessment within thirty (30) days after the mailing of the notice shall result in.the incurring of interest by the lot owner of twelve per centum (12%), per annum, with the lot owner being subject to the cost of collection, including reasonable attorney's fees, in the event the,lot owner.fails to make timely payments. All written notices of assessments shall be to the last address 1 given in writing to the Treasurer of; the lot owner. The owner of each lot in the subdivision, by acceptance of a'deed thereto, is deemed to covenant and agree - 8 - a;. NANNISON A JOHNSTON ATTOAN[TI AT LAW inowITI tIN�INIA BK637PG209 to pay to The Association the annual assessment described above. In addition to being a personal obligation of the lot owners, the annual assessment shall be a charge and lien against the respective lots subdivided herein, but the lien shall be inferior and subordinate to the line of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, encumbering one or more of the lots subdivided herein, unless record notice .to the contrary is given prior to the recordation of such deed of trust. .If the owner of any.lot is.in,default in the payment of any assessments, in addition to any other means of collection, The. Association may bring an action at law against the owner personally obligated to pay same and.may also.sell the lot involved at public auction after advertisement once a week for two (2) successive weeks, in a newspaper having general distribution in this County, and after thirty. (30) days written notice mailed to the last known address of said owner. Cost -of the sale shall be paid from the proceeds of sale before payment of the amount involved. No owner may waive.or otherwise avoid liability for the assessments provided for herein by non-use of'the "Open Spaces" or the "abandonment of his lot. WITNESS -the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia narfnprahin 1 ' 1 - 9 - HARRISON A JOHNSTON �. ATTCNNCYC AT LAM •INCNpiCN. ♦IOINIA. �k637FC2I0 THE APPLE,CART, a partnership created under the jl1aws of the C0opweal ..6f Virginia Ivvivbxlvvvvv�rv� BY. I��.e;P�ti : ;�.v�ca 1, (SEAL) Partner �T 'fA By �' (SEAL) STATE OF VIRGINIA# t Partner OF To -wit: The foregoing instrument was acknowledged before me this lak- day of � ,��/ . 1986,by A/sod k'. 57,t,it , as partner of Regency Lake Associates, a Virginia partnership. My commission expires NoV�,�a� SATE OF 41 '"c zf ' G. OF ,,lm ,a To he foregoin instrument was acknowledged before 01t,(�?eje this r day of ��. ", 1986 Eby c ` Git� as partner of Regency Lake Associates, a Vi ginia partnership. My commission expires tary Public STATE, OF. To -wit: The foregoing. instrument was acknowledged before me this day of ! b-E ►►. I►. c.,J , 19864p by 1j, �1., .- t �� ylt a_ h 61, as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. 11 ; 10, - ea637PG2 My commission expires _ (� [_.i� Cif 1 I �l �l c, l(,llA(.l I 11 R.% Notary Public STATE OF t� i , Lu�� , aQ 9AA.. J OF ��_� u` �To-wit: The foregoing instrument.was acknowledged before me this 1- 1 111 day of 116. 10%t4vt cal , 19.860 by (O V •Ik, as partner of The Apple Cart, a partnership created under the laws of the Commonwealth.of Virginia. My commission expires: i c tN Q.1Q�•fit,l... ry Notary ,Pu c HARRISON A JOHNSTON I ATTOON[TO AT MV •IMMITI01 gR01N1A ,1 } BvRva TA@4C ? IO •off O • ts 02 7 e,• / .. ze r 9 ' .� • . . • r-/4.179- " .'/ / S' SHADED AREA FOR t DEolC.91'7o1v AS .EASE'ME/V r /�.�?C6l'. •8 •• ARC = 363.26' 4 O. 6964c Ac. An- /37.66' RE6ENC yE�AK.EE ASSOC/AYES 1➢ 'N 449'OB'?3"E q 49. 45' N 48. 08'23 "E . 60 AO'l N 41•s,1'37"jv ,. • li r 6Q p0 4� I y AARC.M 0.36I4 A4.0 6 `%, A. 2 ` 8¢ 3� r• s340401s3" f v� / fit'•.• � Y PROPOSE DAM 02'S76 OZ47E 39.70 s/zso.o/' CTO 4 : N 74 *02'47"AV -. 40.68' S' 70 6 r S 56''19'07 E N 60.00' ' i0 8 : S 88'S3'20Ile ~ 60.00' IRC • 328.11, 1RC + 124.51' REMA/NIJF,? OF RECENCY 1-A" ASSOC/,TES RARC'EL. •A" 2.8082 Ae. 4 • II , /r 1 8 O9 Z 'r`ltW $J•�kP• / •, Ivy. � 4s: , 1 tz t 4 P, DUANE 13 Or V BROWN NO.1285 " LAND 1 REFERENCES= DEED BOOK 608 PAGES �1- o-,-,,r" f$8, S62, fC80 F71 ¢IS89 R.N. C..egR/1'R, AM C411?1l Ar JR- `� •PLAT TO -ACCOMPANY EASBMFMr AGREEMEN • j BETWEEN ' ��(3�6NCY LAKB ArsOC1•IiB$ o k I ANO H Ar ViRGINIA Deer. OR H GNWAY * TRANSPORTATION STONEWALL ' hmmISTER/AL� �/S TR/Ci ,�' �t►„ FREDE'R/CK CCWNTY, VIR611VIA ' AUGUST 14, 1984 SCALE: I'WOO' Rev'144 Sept. 371906 Gilbert w. cllt�eoclwtee, �l Inc. per_..—'sas•s8'¢* w APPENDIX A 6/. S? 170104e1018 - uno nuuuils •ullvirolli 'OUTS ,WC Ow. O'. * A Dnw Iua,kYttWry, vM01.4 tt�01 17031 M-2116 "s..ok C.....« ft" WY.CM81tl. vko d6 v"l 47031007•2IA I . . . 0. I . * 44.1. • NO 0 0vUDUANEU NO.1285 AND FIAT momur 38 SQL/ARE .FEET OFLAND Fr J AMM, hV rllf NAAr a- ALFREZU. SNAPP SR: -& -AZFREP Z.-'SNAPPcIR." i OrA rri? I /W J N FrO fWA1.1 1061.47MIAI VISMIrIr m rvrprvlrx mart, vlvrl#iA R-70AM 15 IJAW .171'Al IF -I* ar inborn • ;="M%WU"w Mom"" f FINAL PLAT BK 6 3 7 PG 2'1 4 AEGEIICY HEIGHTS STONEWALL DISTRICT FREDERICK CoUN Y VIR!31 IA �• r ti1'� ' � ,) �, ' `�,�j� l." // )`• C�ENCI�• T(�NT1 V. ri � ' �$`� ;�:(.� o , 1� v, ••�./ANY ��y� ��i tl i"�%k�. t' %��.�!`; �. 0.6 CA t si ' ? . •1:• a . �r�y Ail • .� 0 •' • �� � • R. .� � i :, � '�e►c_ >{"g, ' l! 'VICINITY MAP�I SiAvt�•''' `� .:��1t `;. :• � ,� APPRO?XE Frederick County Sani'tation.Authority l Date Planning Commission Datezj- Subdivision Administrator i Data Va. Dept. of Highways / Aj Date OWNER'S CERTIFICATE The above and.foregoing subdivision of the land of REGENCY LAKE ASSOCIATES as the accomp ng plats,is with the•consent and in accordance with the desires o the.unde i ed ow rop.rietors,.and trustees, if any. �%8A All streets asAtoA herein are hereby dedicated to the public use. All property owners in REGENCY UEIGHTS are required to belong to the REGENCY HEIGHTS Home Owners Association. The Association is the owner of all.areas shown as open space on the attached plat and.is r1isponsible'for the m41n;enance of those areas. A11 property owners must pay an annual assessment to pay for this mainten- ance. This fee and all other rules of the Association are set forth in the Restric tions and Covenants attached hereto. A copy of the Final Master Development Plan for Regency ,Lakes Estates is on file at the Frederick County Department of. Planning and Development. .SURVEYOR'S .'CERTIFICATE I hereby certify that the'land contained in this subdivision is a portion of .the land conveyed to Regency'Lake Associates by deed dated December 18, 1985, said iced recorded in the Office of the Clerk of the Circuit Court of Frederick. County, Virginia in Deed Book 608 at,page 568. S LT1i C _ + . �+► � � P.-Duane Brown, C.L.S. oo• P..DUANE rpp� DATE% MARCH . 26, 1986 COVER SHEET B OWN r SHEET N0. 1285, eilbert w. c1lu !ales, Inc. I OF, ND �'v�, iio•c OSM On«.k� OiM Wir FLANWAS O,ts » t«w e..w.,., �...1 2 r..ae.•.w•�, vwynw n.oi iw »� ISSI wheM.b. • i » N0. o RADIUS ARC TAN. CHORD CH. BEARING 1 09004'06" 405.001 64.10'„ 32.12' 64.03' S71'30144"E -2 180 27'42" 2,000,00' .644 43' 325.03' 641.65' SSr 44.50"E 13 55'02'26" 375.00' 360.24' 195.38, 346.55' N50'32'32"E 4 35'39'18" 375.001` 233:36' 120.60' 229.61' S8006'36"E 5 5(f 02'28" 200.00' 174.68' 93.35' 169.18' 541'15'43"E 6 37°43'02" 200.00' 131.660 68.31' 129.29' S02'37'02"W ' 7 W 58'48" 220,00' 214.95' 116.93' 206.50' SO4.16'21"E 8 09004106" 380.00' 60.14' 30.13' 60.08' S71'30'44"E 9 00'51100" 1,975.00' 29.30' 14,65' 29.30' S66'33'11"E 10 02.21146" 1,975:00' 81.45' ,40.73' 81.44''' S64'�56'48"E 11 02'21'46" •'1,975.00' 81.45' 40.73' 81.44' '' S62'35'02"E 12 02"21'46" 1,975.00' 81.45' 40.73'. 81.44' S60'13'16"E. 13 Or 21146" 1,975.00' "..81;.45' 40673' 81.44' S57'51'30"E 14 Of 21146" 1,975.00' °81.45' 40 73' 81.441 S55.29144"E 15 Of 21146" 1,975.00' ':810'45' 40.73' 81.44' SV 07'58"E 16 Of 48'47" 1,975.00' 62.49' 31.25' 62.49' S510•02142"E 17 4V 00'21" 25.00' .21.38' 11.39' 20.74' S25'38'08"E •. 18 81' 54'32", 50.00' 71.48' 43.39' 65.55' SW 05'13"E 19 68'*13'00" 50,00' ':59.'530• 330.86' 56.08' N62'5ltO1"E 20 44' 36' 30" 50.00'' r' 38.93' 20.51" '37'.95' " NOV 26.16"E 21 81'38'08" 50.00, 710241 43.191. 65.37' N53'41'03"W 22 47'24'13'! 25.00' 20..68' ;10.98' 20.10' N73'48'00"W 23 '' Ol'42125" '2,025.00' 60.33' 30.17' 60.33' N50'57'06"W _ 24 02613'32" 2:025..00' 78.66' 39.33' '78:65' N52'55'05"K 25 02013'32" 2,025:00' r-``.�8.66! 39.33' 78.65' N55'08'37"W 26 02"13'32" 2,025.00' 78166' 39033' 78.65' N57.22'09"W 27 Of 13'32" 2,025.00' 78.66' 39.33' 78.65' N59'35'41"W 28 Or 13432" 2,025.00' 78.66' 39.33' 78.65' N61'49'13"W 29 Or 30'51" 2,,025.00' 93.57' .46.79' 93.56' N64'15'24"W 30 88'36109"' 25.00' 38.66' 14.40' 34.92' N21'16'45"W 31 OS'24'00" 350.00' 32.99' 16.51' 32,.98' N25'43119"E 32 18'28'37" 350,00' 112.87' 56.93' 112.38' N37'39'38"E 33 22618149" 350.001* 136.31' 69.03' 135.45' N58°03'20E 34 98.51'00" 25.00' 43.13' 29.19' 37.98' S61.21145"E 35 48'11'23" 25.00'• "'21.03' 11.18' 20.41' B12.09126"W 36 48'11'23" 50.00' 42.051�, 22.36! 40.82' 812.09126"W 37 62' 49142" 50.00' 54.83' 30.54' 52,12, S43' WOVE 38 50 34129" •• 50.00' 47.63' 25079' - 45.85' N77'56149"E 39 62'35149" 50.00, 54.63' '. 30.40' 51.95' N19'21040"E 40 48'il'23'! 50.00' 42.05' 22.36' 40.82' N36'Ol156"W. 41 48.11'23" 25.00' 21.03' 11.18, 20.41' N36=01'56"W 42 98',51100" 25,00' 43.13' 29.19' 37.98' N3T 29115"8 o���ALTNo�y, REGEncy HEIGHTS c� P. DUANE �'¢ DAM MARCH 26 1986 CURVE DATA VT�.aO Avg BROWN SHEET - SHEETNO.1285 gillert A, elltt in& 2 OF V1N0 o°� .+...a 21 iwwa.uaw. rr,ww fyNf NMltO MM.IwM.vw1ma DO$ P. N)r t 40 .r BK 6 3 l FG 2 16 CURVE TABLE ARC TAN. , CHORD CH., SEARING 43 23' 20130" 350:001 142.591 72.301 •141.600 881' 25 001119 44 03'2724911 350.00L 21.161 10.581 21.151 Sur 00151"E 45 90000,001, 25.00' 39.271 21 001 35.36' •821'16'5761E 4.6 - 09* 231131" 245.001 40.141 :. 20' 111 40.091 S19' 01027"W 47 20'20'57" 245.00' 87.01! 43.97' 86.56' SOO 09122"W 48 IV 26'30" 245.001 4465" 22.391 44.59' S11'14'22'!E 49 62'4911V 25.001 27:414, 15.27' 26.06' S14656159"W 50 40' 35' 54" MOO' ' 35.43' ' 18.491 34.69' S260 03' 36"W 51 48037'53" 50,00' 42.44' '-22.59' 41.181 S18.33115"E 52 4803753" 50.00, 42.44' 22.59' 41:181 S67'11'08"E 53 48037'53" 50.001 42.44' 22.590 41.18' Me 10"58"E 54 48'37'53" 50.00' • 42.44' 22.59' 41.18' N15033'05"E 55 23029154/1 50.001- �20.51' 10.40' 20.36' N20030'48"W 56 26014'38" 195.001 89.32' 45.461 88.54! N19.08126"W 57 2904401011 195.00' 301..20' 51.77' 100.07' N08650'5811E 58 59 90'00'0,0" 25.00' 39.27' 25.001 35.36' N68.43'03"E 16050'16" 175.001 51.43' 25.90' 51.24' S57'51149"E 60 33'12'12" 175.001 101.411 S2.18' 100.00' S32.50'35"E 61 33'3111q" 175.001 .162.381 52 70.1 100.93' S00'31'06"W 62 04'11'S2" '' 175.00' 12.82' 6.411. -12.821 ' S19'-221371V ' 63 48911'23" 25.50' 21.031 11.18' 20.411 545'34114"l: 64 41038'5411 50,001 36.351, 19.021 35.551 S48050129"W 65 49'21'22" 50.001 43.07' 22.97' 41.75' S03'20'21"W 66 47011'07'!. 50.00' 41.18'. 21.841: 40.02' ' S44'55'54"E 67 72' 18' 52" 50.00' > . 63.11' 36.54'' 59.00' '° We 19!07"E ' 68 65'52'31" 50.00' 57.49' 32.391'. 54.37' F N06'13'26"E 69 48'•1P 23" 25.00! 21.03' 11.181 20.411i' NO2'37108"W 70 13'33'22"' 225.001 53.23' 26.741 53.11' '' N14'41152"E 71 12'37'27"' 225.001 49.58' 24.891 49.470'` NO1.36'27"E ; 72 78'27'47" 25.001 34.24' • ;'20.41! 31.62' '; N34'31137"E - 73 4e 11' 23" 25.•00' 21.03' 11 18' ` ' 20.41 S82'.08' 48"E 74 24' 02' 05" 50.00' 20.97' 10,.64.1 20 82' i SW 04109"E 75 47' 1 POP 50.00' 41,• 18' 21 841 " 40.021 N74' 19' 16"E . 76 474 11' 06" 50.00' 41.181 21.841 40.02' 07' 08' 1O!, 77 4101314411 50.00' 35.98' 18.81' 35.'211 Nt7'04115"W 78 47'11'06" 50.00' 41.18' 21`.841. ,. " 40.021,"?i N61'16140"W 79 47' 11' 06"• 50.00' 41 18' 21'.841 40.021''` S7 r 32' 14"W 80 22'22'33" 50.00' ; 19:53'., 9.89' 19.40' S3645!24"W 81 48' 11' 23" 25.00' ' 21.03' 11.18'' " 1' ' 20.41' ' ' SW 39' 49"W 82 78027'47" 25.00' 34.241 20.41' _t` "31.62' N67000136"W 83 12437'27" 225.00' 49.571 •'24.891. 49.47' '' N34.05!26"W 84. 1• .17•! 24' 24'! . '225.001 • 66.361 34.44' 6,8.091 '``' 1 x4V 06' 2 VW ` 1 ,� ♦ 1, • AEGEncY»H r�H'�s p' ���ALTNo�,� �� P. DUANE x DATE! MARCH , 2 „ 6�,_ 1986 CURVE DATA OROwN •-1 SHEET NO. 1285 ��FO gllbert w. 'cliff r late, !aa 3 OF LAND v�J 5 �eonaie� _ wro ru}«1ce� wwaoe� . 21 i 0 wn. A", eY pwl wh.n..w.. rrMlw u o Ro�ii N►m NO* RADIUS ARC TAN, CHORD CH. HEARING 85 08'28124" 225.00' 33.27! 16.67' 33.24' N62'02145"W 86 09.09'28" 400,009 63.93' 32.04' 63.87' N70.51'41"W 87 10.24114" 400.00' 72.63' 36.42' 72.53' N80.38'32"W 88 09020'13" 400,00' 65.18' 32.66' 65.11' S89'29'14"W 89 83'14'37" 25.00' 36.32' 22.21' 33.31' N53'33'34"W 90 48011 '23+' . 25.00' 21.03' `' 11.18' 20.41' N12'09126"E 91 38.30149" 50.00" 33.61' M47' 32.98' N16'59143"E 92 6400111611 50.00' 55.87' 31.26' 53.01' .N34'16119"W 93 71'18'36" 50.00' 62.13' 35.87' 58.29' S78003145"W 94 64'0111611 50.00' 55.87'• 31,26' 53.01! S10'23'49"W 95 38*3014911 50.001' 33.61R '17.47' 32.98' S40052'13"E., •96 48011'23" 25.00' 21.03' 11.18' 20.41' S36'O1'56"L 97 83P14'37" 25.00' 36.32' 22.21' 33.21' S29'41'04"W , 98 09' 20' 13" 400,001 65.18' 32,f66' 65.11' S66.34! 1,6"W 99 le 32'14" 400.00' 73.56' 36.89' , 73.46' S56'42'02"W 100 10'32114" 400:000 73.56' 36,890 73.46' S46-091481#W 101 11.43144" 400.00' 81.880 -.' 41.09' 81.74' 835'O1'49"W 102 06'08'38" 400.000 42.89'_' 21.47# 42.87' S26.05138"W 103 83*41128" 25.00' 36.52f.';- 22.39' 33.36' S64'52'03"W 104 02* 45' 34" 430.00' 20. 71' ' ',`' ` .1003.61 20.711 N74' 40' OC•'W , AREA SUNMARY.' • ' Area in Lots---'20.5344 Acres. . Area in R/W 4.3231 Acres ... Area in Open Space 9'.0314•'Acres Total Area Subdivided 3 .888 Acres Number of Lots 72' AveraSe,Lot Size „ 3k,423 $4. 2t.• , ATN�fi�r . RUMMY' HEIGHTS P. DU rA� DATE= '' . MARCH, 26, 1986 BROCURVE DATA nWN � N0.1285 ' sllbert w. clltt atee, ino. . w • `1 N0 5p�► S .n, "nag Oro" wg pm "a� °Mia" viiNDswi�"wn" s"'i e' r � s 713.7. Al2o5p'2p 2 L20' \ q N 12'�'0'20160.06, 130685•sq.ft,''' `` 1 IS .�• .� 10' SAN. SEWER ti;•a ESM'T tir I 12,844 sq. ft. 01� _ 9 N 2305,219' E o _ M a N Z i 13,250 sq.ft. ' b L -- Z s N 26t14'05" E a N 16753' O N �•� o ' ~ 12,804 sq.ft. 11 • 12 ESM 0 rn Foil •'N (See S11e411 6 0l 21) Min. Front Setback •'35" All Lots are Single Family Detached- Traditional. (unless otherwise specified) A11 lots are subject to s 10' Slope 8� Drainage Min. Rear Setback 25' ., Easement along all Rights-cf Way,and a 10' Min. Side Setback >a 10' %. Utility. Easement _along all Property Lines. AEGEIICY kEIGHTS �o'r P. DUANE DATE: MARCH 26,.1986. ' SCALE 1"= 50' aN�w..�, SHEET NO. 1285, Q, tn�3� bMert "w ell(t g!1 ice., Inc. -4�. g ,�10 [NOINtt,U^VITOR�"�'[ OF NANO aJ� - 1!0•COIMOn�n.kAbn�n _ ���C�«,� IIWMNNw,,-YN,MI� t2�01 (707) [R•2II/ WN"MsNf. vkof" n"I (/wl Nt•tlm LI BK63�rcz 1 y 1 (See Shoot 8 of 21) I 1 12,70.4 sq. ft. N 3? E . •� 164.86r ~ 12,952 S% ft 23 Le sa N 16a63" On 1. . .. a .. hlw ` 1 ZZ. 12,969 sq. f t. W V W N 14 ), ° 1 0 ' RI7 •' 00 l'Q8 Cy r , 1 ' ..,.• 12t756, sq.ft. / W N N a bon to. sn.•► i of Yq 16 Min. Front Setback = 35' - • All Lots are Single Family Detached- Traditional. (unless otherwise specified) ' All lots are subject to a 10' Slope & Drainage Min. Rear Setback a 25' •,, , Easement along'all Rights. -of -Way and 4 10' Min. Side Setback = 10' ` Utility Easement along all Property Lines. ' a��A�T�oF�r AEGEIICY HEIGHTS P. ounNE �AT1cs '' MARCH 26, 1986 : 7WL� 1"=50' V BROWN r�DNa SHEE • � sllleet W6 olltt fetes, iaa 6 OF SAt.rw C*Xb~ "%14 rwanc°ww�, r►�w tea° hal �a�u '. • ww�«w. wow+. a.o° m�� wra+� 8K 6 '13 *7 FG 2 Z 01 (see Sheet Cot 21) art 92 0 0 * 461, 9 ., 7 12,261 sq. ft. W 0 10 v ,10,624 sq/ft. (n z (n W a. 0. 0 12 4F 0 14 41 1 30' .0 N;F* ROBERT A. NASH 6! Min. Front Setback m.,351 All Lots are Single Family Vetaihow-Inditictial. — . I. i 81'Draini4e (unless otherwise spicifled) All lots are subject to aI O-Slope Min. Rear Setback Easement along all Rights -of! -Way and a 10, Min. Side Setback 10* Utflity'Eisement alongall.Propeety Lines. ShLTU REGEMY. -..HEIGHTS P. DUANE DATE: MARCH 2169 19 86,. SCALE: 1" 50! BROWN SHEET NO. 1285 CUbert w. cuff WAs. Inc. 7 OF. tAND 9MCMU019 — LMO HAMM$ 6votVaTopts ..f+yw 21 ............ ME, 25 (See Sheet 9 of 21) 9 �24 ' . ' 15 a ,41 10,640 sq. ft. g Co 20r DRAIas NAG ` yA 'jai 23 14 ' 22 119066 r_ �. ,'CIO Id SAN. SEWER / ESMrT. 13 19 14,189 sq. fttv 0 I ICY.. of '� o `•� \ � s N �r 26,444 sq. ft. ,�\� v o Min. Front Setback a 35' (unless otherwise specified) 20 DRAINAGE C Min. Rear Setback = 25' ESMrT. b y Min. Side Setback 4 10'l `1 9.0 All Lois are Single Family Detached* Traditional: • �//9� �6' All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way' And a 10.', ; ' N / F Utility Easement along all Property'`Lines. - ROBERT A. NASH rP.DUANIE AEGEnCY HEIGHTS �4'•t .. DATE= MARCH 26, 1986 SCALE' 1=50' 7.�.SHEET 4 s�llit erk�, Lao. 8 01) OF UND sJ� IMC ow ow.n.AaU en» t Y111fno � » t.r w eawr«21 / a we vu,rr�t�»t pM►�N.tlte WWWWOW,M v &MI (TM)GGIT r tz rr 11. % BK63 7PG2 2 2 0 (See Shoot 10 of 1121) 21 N 2 F-04 07 —CIL 19 11,490 sq. ft N 290! -J 3 .7 1 18 .,1 109865 1, 131.ogi lot 517 sq. ft 0 •— _ J CY W CY • 16 co 10,442 sq. ft. o P 24 (See Shoot a of 21) Min. Front Setback t3 35" All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback Jim 25' Easement'slong all Rights -of -Way and a. 10' Min. Side Setback= 10— Utility Easement along all Pro' p sty Lines.' .-REGE11CY HEIGHTS P. DUANE 0.1- DATEI MARCH 26, 1986 SCALE: f-x5d.. BROWN SHEET NO. 1285 - Ebert W.chit late@. Inc. 9 OF LAND LA.0 150-C Owe Go", 10 orke tU11YEY0 N SoAk C 1160d W%dwout, Vk9ome 2MI (TO31447-213S 21 a L51 L51 lip 4 ip p: Ix 0 0 .9 uj-- > w w *0 BK637PG2 2 3 OpMEN FUTURE Oil E,-1713.7�.,� OPEN SPAN. 10' SAN. SEWER,"-- L;-22' ESM'T N 23001,19E~228W 83.70' 70.00' - I 23 0 80818 jq. ft.. o Im" Ar 1§1111400sq.ft. 0. 11( i __-J20' DRAINAGE ESWT 21) 75.00' 24 ro %91000sgft i 0 0 P ..... 2d 40.075.00! d N 23001`19r E-260.00! • LAKEWAY, .-DRIVE (5d R/W) 61.87 ozo V:h F F I.X 28 20 10,571 sq. ft., 8,502sq.ft/.@ I at . . a SAN.,!EWER ESM T . 5 OPEN.%. :AF ' Id N 270040it E •(See W.4 Iste ftest .9 of 21) Min' Front Setback 35' All Lots are Single.Family Detached- Traditional. (unless othtrwfse specified) All Lots are subject to a,10, Slope& Drainage Min, Rear Setback u 25' 1-0. Easement along all Rights -of -Way and a 10' Min. Side Setback 10' Utility Easement along all Property Lines. REGEncY HEIGHTS o P. DUANE DATE: MARCH 26t 1986 SCALE, 1 250, BROWN NO. 1285 gUbert w. cllft 1 soda"@# Inc. LAND CE feet 21 Of 21) SHEET 10 OF 21 1 OK63IPc22A OPEN SPACE "C (See. Sheet 21 of 21) N 34°21'17" E 9397 N 46009,, \ 8�gr`r E 10,881 sq. ft, o 00 1 26 'k, 11049 ��'� \ \ zl , O q.ft., a o/ �\ L_ �Z Mo, 27 IOD /. 10,490 sq. ft. �3 20'DRA�NAG ;./. ESM T. h 99 Lq KE�yQy, OR/ye 0 9 (S •,` �' is 0 33 o 72'•co 11,365 sq. ft. 71 ` \ "" i • / ti12,401 sq., it. 0 ON 0 �y [I3 7 L34*21'17" 0,. 43.01' W �< 9,051 sq. ft �. n. 0 vi W %' �QO)pJ� 35 �, QvQ' (See Sheet 20 of 21)C �y © e • A Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage 'Min. Rear. Setback a 25' •., • .- Easement along all Rights of -,Way- and a 10' Min. Side Setback = 10' Utility Easement along:all,Property Lines. XLTUo•�y E.:EGEnCY HEIGHTS P. DUANE DATEI MARCH:: 26, 1986 SCALE: 1"= 5d BAN.. � SHEET 1 NO. 1285 i 4 Wilbert w. latos, inc. �j I �Fp OF an°1auR� _ u"o rum"• ° J4y , . 21 EAND `' 114C o1M Ooes k OM. GUAMOR, >H swim Caw "VA irndMebNp. VIrVirJa 21401 I103)m•11N WMCh*0W. vpMfw 21,1 11011 M1s1M i AV1;g7pr.��S. � G tea►. GF, ,�2�1 P �o 5Q Z\ o -�, F Q r / hem 5 30 14,585 sq. ft. .: . Doti / % fir, �, f yo'`•L,• .01 / / 29 Z Y2,926 sq, ft. '�I2,926 Olt. / 9 / h �0' DRAINAGE ESM'T. \. \, s 5 8r°4q 8� W 08 _ 28 ` 32, mo Nw� 12,119 sq.ft. 1 �, 112,119, sq. ft. c� 33 >P Z p• 10N Jr /0 H a. H z Z es H9I3 a '8a O es KWAY `DRIVE i50' R/W) �. . � LA tSN'SM•f• 11 a 19 of 211 Min. Front Setback ■ 33' All Lots are Single -Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min.. Rear Setback= 23' Easement along all Rights -of -Way and a 10' Min. Side Setback ■ 10' Utility Easement along all Property Lines. AEGENY• HEIGHTS 1 P. DUANE • �F'.+ DATEI MARCH' 26, 1986 SCALE' I°=5d UA.0d0�" I N0.12�� SHEET Gilbert w. cliff stop, Ina 12 OF LAND 6v •"°'"aiuwro i'00"s 2i I��'.w°n" vw'�.°a � pad �.nu Mrw.w►. �aw� s�en'�i M�•a~i's� .' !.I I '� 41 � M of Z�1 ks000sl -0- 000, ;0 .000 ol 33 u. 2 189128 sq. ft. Z W z _J iblo 18'r 5z •7 34 Q 16,035 sq. ft 7- LL 'b 'b 0 I 35.. 0 '2 co 140402 sq. ft. .'D N 3_O43'23" E 190.03! W 36 0 140402 sq. ft. I ri 23 43'03" E 180.03' (See Sheet 14 of 21) Min. Front Setback 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10 9 Slope & Drainage - Min. Rear Setback = 25' Easement along all Rights-cf-Way and a I W Min. Side Setbac'k = 10' Utility Easement along all Property Lines. LT -k ShLTU 0 REGEnCY HEIGHTS P. DUANE DATE: MARCH . 26', '19186 SCALE, 1"-5d BROWN NO. 1285. SHEET CV vilbort w. ine. 13 CFO OF LANDv�J,seeow. $via 21 wwo... VO4 V=" I C'm BK637PG22.7 i i S•• Shoot 13 of 21) 36 3°1_�Oe E 180,03' 37 ( x ra W a°o .14,402 Sq. ft• = Wo -tpn to 180.03 a 38 Ic p I I m 15,775 sq. ft. ( e h S Sol, 4. / 39 .h / 19,884 sq. ft. to /ions. I �o Id SAN. SEWER / '0� 90 38s ESM'T. / 40 1 �� <10,217 sq. ft lip% - h 41 101301 sq, ft. , a rS�•es e .,J �.a, rpm' �� `�•�� M 06 9 01 5� K6. Front Setbacks 3.5' All Lots are Single family Detached- Traditional. . (unless otherwise specified) All Lots are subject to a 10' Slopg & Drainage Min. Rear Setbacks 25' ,Easement along all Rights-of-w:ay and a 10' Min. Side Setbacks 10' ' • / Utility Easement along all Property Lines. � �ALTNofiy AEGENY HEIGHTS P. DUANE •�'� DATEI MARCH 26, 1986 SCALE' I"= 50! vDKBN,B...,,.. SHEET NO. 1285 allb•re w. Cliff I It o. ine. 14 21 '�F Ii1101N•OI•-uu+o • LAND '� tt• °ow. on«..wq e�.. susvro ae t«.w t,.w, tw.w /M.MbMM�, YM,N4!!t•t 'l�•tl MMttt• ttYybnW,YMrw t„Ot 71 N1.ttif � J I +q U. v 4 j Z a p• ,p FV 00 +� w 42 I s f ^r 7a i+8 ' ESM�T. 10'657 s .ft.l.. ' t,4910' UTILITY ' 0q°yA ' _ lb' q i 00 7541 M ` 45 7s �4 ?v s b,•• iNi �� i , i \9,334 sq.ft., / _''��_.:;., i tol • 44 43 9,333 sq. ft.tip N w* 16,682 sq ft b s 3 •. •,r8,�,, 1 �• � I o z .9009 R�gE NSF ./49'�s RT ,� NgSh o d :y Min. Front Setback 35' All.lois are Single Family Detached Tradit%nal. (unless otherwise specified) All lots are subject to a.10' Slope & Drainage Min. Rear Setback = 23' Easement along all Rights' f-Way `and a 10' Min., Side Setback � 10' •> ► . +� Utility Eeaer4nt along all Property lines. P.LTlloAEGEIICY 'HEIGHTS P. DUANE �cr DATE: MARCH 26, 198.6 , SCALE:'BROW N.,�r SHEET NO. cubert W. elltt tstes, daa 15 OF F� • CFO JQ` vrowwsv oei �►«se� > 2 LAND 6 �sacaw.a .a+.. glow% (iVIN" .i - ��bAA.wp• vY�rn4 ttN1 1�) M4lt=1 WM,dnM, KfNw tis01 0�1 M1.tti� j P. i. � {.: x. .. ! i BK637Pc229 " (See $ha► 19 of 21) 56 WEOAS AS if N ti job 3� a 55 � 7 o� / 9 208 s 1 . } ..� p 4 ft. �9 o N 4003• M 139.2T IV 1 • . � • 54-.. f O s,,8,493 sq.ft. g N 53 y ti \%340 sq. ft ` . v de p'� 0�sa,4 Min. Front Setback ez 35' P��� �'C (unl4ss otherwise spevitied) V, Min. Rear Setback in 25' , s Min. Side Setback • t 0' . 90 6� / sJs� 46 Z6Z5 ,� 10,506 . ft s > 74 9\00° q O , O, 47 w 139730 sq:ftN /q8' V ,ce 45 •,..j oW�o 13,044 sq. ft. (Set Sheet IS of 21) e c , tq N e All Lots are Single Family: Detached- Traditional. N/F . 1 All Lots are subject to a 10' Slopo,& Drainage R08ERT A. NASH Easement along all Rights -of -Way and a 106, Utility Easement alonq all Pro ert ALTNo� AEGEIICY'�HE.IGHTS P. DUANE c'.� DATE= MARCH 269 1986 YA SCALE: I,•=50' ; BROWN �4....„� 1LSHEET0.1285gut erl w. dlflI&&*@, In& =aN0 6le o ow. o�. o�w. wivoi,. s«w..InMMM.M�e. 4 M -01 . IM1NM1111- W%*," . Vito$" „W/ (1011M j F � • .. ... .. . � �` it �'. '/ . 1 . rn s3 _ I t � 53 21o2 81Sa 7 , EWES ` vi W.T -%. r 5 2; 9720 sq.ft. _ 9,265 sq� �'''�°D• r2d DRAINAGE 601 N I ESM•T. Q N M m cu I 191003 aq. ft. S21o28'5fV1 J A •wAR�w� �0 in to .� 53.M. E 69 v, rj 173.5�, � 1 C<Lr 49 �� .. z 20,788 sq. ft. W i W i p e o l o 01 tses Sheet j6 ?06.90 , _ N/F ROBERT A. NASH Min. Front Setback 35All Lots are Single'Pamily Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slop* & Drainage i Min. Rear Setback n 25' ,Easement along all Right's-ot Way and a 10' 1 Min. Side Setback a 10' ''' • Utility Easement along'all Property tines. SALUo��r . AEGEIICY HEIGHTS( P. DUANE . . �, DATE: MARCH 26, 1986 scAL.E: 1 50' + . 1285 N0 NOSHEET � ��. `ilbert w. cliff "04, Inc. 17 LAN `'� NCOUe• LAND w uaC oler ev�ron s: BK63(PGZ31 (Sao ShF�eQ of 21). „\1.i id 7 R f :L N 34021'17" 1- 62 n, \ �.. • . i per` : � %` 10.690 sq. ff. \v o 61 15,223 9q. ff. . \ I 16 SAN. SEWER. ESM T. 'sass �s �►. �4 00 4 V, s� CIA 48 /�, ° a�J .7 , 7dq : • ils.ip s � Q sJ —2d. DRAINAGE se co , ` • '•``�� . I ESWT. � o � I 160 55 57 11,849 sq. ft. 4 h 110,835sq.ft/ .. .� 59 •� _ °� 5 \15,5*52 sq.1t. oi—°°� '$1472 sq.ft.�•� f � ,\ �•- I p . �,; . IO ESM'TEW6R ' a woo* �ii 3Z 1 �� `o 41 .160 ,1 • '. 11 Q tit• ` ` r E' 1`3i 1 • of C'y t$ Min. Front Setbacks 35' All Lots art.Single Family Detached- Traditional. (unless otherwise specified) All Lots.are subject to a 10' Slope & Drainage Min. hear Setback n 25' Easement along all Rights -of --Way and a 10- min. Side Setback a 10- �' . , Utility Easement along all Property Lines o�'�AyTN��yr AEGEIICY HEIGHTS o� P. DUANE ��', DATEC MARCH E: 26, 1986, SCAL1250, BROWN � , N0.1285�llbort �w curt , late.. lno. SHEET 4 18 OF CFO JQ` . ' woluu• _ u �=uwK�� L4ND $ � wwar ww�ww..rr rwS. C. ,..4 21 G J G a OK637PG232: a2 Y 431 1Y Sr .r Z 758 s fi� •10' SAN..SEWER--�—�s;� 12• q• ��o ' ESM'T. ` y 1 .. i 20' DRAINAGE ESMT. L „ _. O 15A �r 0 =do ors' 11797 sq ft ,1i O 63 l �' 9,573 sq. ft. 30.00' 0000O t� + 47. �• S� 23043'03"1 0 0 48 7 r 501 R� N Qv. / 30.00' ' �os5 �' g (51 Op N- 56 `12,596 sq.ft. y % n p N 2304303 EAV ; fi • ,. yr � � { xA: U) �•' f 17{�k-i Mky1�R ' (See Sheet:; 16 of"2U Min. Front Setback a 35' All tots are Single - Fatuity Dtaohtd' Traditional. t (unless otherwise specified) . All lots are subject to a 10' Scope Drainage Min. Rear Setgac% a 2S,' ►,,, .Easement along all Rights -of -Way and 4109 Min. Side Setback + 10";a= Utility ,E4. ;etnent�alotig,all Property Lines.:... � AEGEncy HEIGHT'S OZ1, 1 t1�u c P. DUANE c UATt:I MARCH 26; 1986 SCALE: 1 =50 rr� p.f1ix BROWN SHEET NO. 1285 4 Albert w. c11fi I ises�� !na I9 OF " CFO Sv u�oalca� u►r "' 21 s a tANO ItiacO+a.OfwndMDM. su cro i' .,; „s..fw w..r FM.Ac1.Ow�. YIpM4 irWI (tOr►�N•111! WN.M.M.YMMw f�Wl /rorl Mliti� ' 4 �4. r 1 1 N 0 r ' I rs., sne .. • 72 / N 34021'17*t- 1 +av� .70 r Q �ry`oti `h0 �s9r II E` 36 °69 h 4 Q 65 I12,399sq#t� 0� 41 •PQ` .�4- •,, 1p 0 SAN. SEWER �s 38 /8,847 sq. ft. y 0` DAAINAOE ���d9 s4 \� ` •. 68 ESM T. 13,799 sq. ft. 67 / ��\• 91630 sq See she•► is or.21i r Min. Front Setback = 33' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are.subject to a 10' Slope & Drainage Min. Rear Setback = 23' ., Easement alongall.Rights-of-Way and a 10' Min. Side Setback up IO', Utility,Easetnent along'all Property Lines. REGEncy HEIGHTS: P. DUANE 16 DAM MARCH 26 1986 SCALE: 1"s 50' BROWN NO. SHEET �.�� Q• subert W. elltl Moo, lac. 20. OF e 21. �� LAND �� 1» :MM'�w� VMpni.� N/ p�f) Hbl11I V. vo BK6 3 7 FG 2 3 It i -, N/F DANIEL MACKLIN 7 s Ft OO.44' s 28001,61"g"90.5e q • 20' DRAINAGE ESM'*. V 3 56042!01"W 46.42! k 1. 8 4i*09'46!'W,,,96A2!` S 34021'17"W-95S7O 25 j 3 55*38'43!`E�123.22! .923 20. a'(9 IV�r C�p�`�j. �r"� 5M ! it A N210 of W 8 1 E. to o 50 I I tt�� 8 '112' 8 Z4. 4 49 0 is 380 lds4v Sn"If rsrw 91.3 r 4 �. . cc 4) T6 bW"-42.09, ESW17*002,4 1"AlVAGIPcb250oed -01 g w —160.00t M T. /� Q .7. 4' C, 7 S6 T. 26 DRAINAGE ESM T- .31673 -ra IdSAN.SE SEWER ci eSM, so2d3d'E-29i.29! S 56030100,o C4) — �374 Er *-'316Il OPEN SPACE S -fin, .4.2462 Acres #43 409-28 t4 /F t4/F 00414%S COLE RICH N/F LONNIE RIGGLEMAN BK682PG27..2 THIS AMENDMENT TO THE DEED OF DEDICATION (REGENCY HEIGHTS), made this �,•� day of May, 1988, by Regency Lake Associates, a Virginia partnership, hereinafter called Regency. WHEREAS, Regency executed and recorded a Deed of Dedication in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 637, at Page 201, wherein it listed the names of the streets in Regency Heights Subdivision; and, WHEREAS, the names of these streets have all been changed; and, ! WHEREAS, Regency desires to place of record the revised .names of the streets.. NOW, THEREFORE, WITNESSETH: Regency does hereby change the name of all streets shown on the plat of Regency Heights Subdivision in the hereinabove*referenced Deed of Dedication as follows: OLD NAME NEW NAME Estate.Drive Lake Wisdom Drive Lakeway Drive Lake Sever Drive Marie Place Geneva Place Ann Place Winnepeg Place Jann Place Great Pond Way . Ross Place Chelan Place Below is a sketch of a plat of''thelS'ubdivision with the new names. N L JONNSTOM Mcn AT u. ITu. rnaru mullsOM a ic"NoTOM I ATT0ROCTS AT "w t11tKMI BK602FG223 fsiV �i18 I 7 �P.\2o � '1 L4Sj 1561 �'47 7 ., i521 Li C 60. 50 1 •�� � L" 1 J ►� 1 114,113. 12 , •• ice'• � ;•f •,•.. .. �• . I • - • t .+.' • 1 r ♦•t*�•�+i } Fes'=' ' •� ,M � •; • "• :. WITNESS the following signatures and seals: Y LAKE ASSOC TES, a Vir nia part r ip BY n • _ 2 _ !� (SEAL) `. NAIIIION a JONNITON A"BRUTS AT LAW Wout"9519!. VIQIUA B1c682PG224 By (SEAL) Partner STATE OF j AT 'LARGER ' OF�To-wit: The foregoing instrument was acknowledged before me this day of,,,,i 1988, by , as Partner of Regency Lake Associates, a Virginia.k�rthffrsh.ip. My commission expires d �:' ��) • (SEAL) Notary Pub i�... , STATE OF , R. <, ; _);,4 , AT LARGE, OF <<! N��.,.r �N.,v . To -wit: The foregoing instrument was acknowledged before me this day of PA,NY . 1988.,1 by as Partner of Regency Lake Associates, a Virginia partnership. My commission expires (SEAL) J Notary Public VIRGINIA: FREDERICK COUNTY, SCT. This instrument of/wri ing was produced to me o the oIL& day of lg�d a�/2:(l�__`�a�►Q with cPrtifi to of acknowledgment thereto annexed was admitted to record. :6 CLERK 3 .* T 1AAMISON i JOHNSTON AI10149TI AT LAW .IMCNC3192. VINGINIA �) #5412 REGENCY LAKE ASSOCIATES TO: RIGHT OF WAY AGREEMENT. VIRGINIA DEPARTMENT OF TRANSPORTATION CK653•rc701 THIS RIGHT OF WAY AGREEMENT, made this k" day of T n, 1987, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WI'I'NESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 568. The easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to create in the Grantor any contractual right to a degree, standard or term of i MNITON TWO At LAW M. t191I01A i OX653PG70 Z maintenance any greater than that allowed.them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or Wit may be altered or amended in the future. r. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and -of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below., the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) 'for the maintenance, repair and replacement of said dam and said roadway pursuant to. the obligations of this Agreement. Said irrevocable letter.of credit or surety bond amount may be. reviewed annually by the Department, which shall.notify the, Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth -herein. It shall be,,the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam.. In the. event of a dispute as to a proper amount, the Grantor may appeal the decision of -the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide - 2 - HARMON A JOHNSTON ATTOANITA At We WINO"/ATIN, YIIYAINIA BK653PG703 ingress and egress easement shown on the Appendix B attached hereto as "Regency.Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access.to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacinq'said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam. 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the, Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of.said roadway impractical, the Department.may discontinue maintenance of the roadway over the ..3_ 150" i JOHNSTON 119aWITS Al ur INIIIIN. V116INIA BK653PG704 dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easeinent,is an element of maintaining the surface, base, shoulders and guard rails of said roadway. 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of -the roadways covered by this agreement until such time as -those roadways are added to the Secondary System of Virginia's Highway System. 11. The obligation of the Grantor herein (in addition to .being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described'by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia , partnerst ipi B / ✓ 14 (SEAL) Partner By. EAL) VIRGINIA DEPARTMENT OF *MKHiV&6 Fiscal Division TRANSPORTATION By (S L) Date: DEPUTY COMMISSIONER�� Office of Attorney General FREDERICK COUNTY Date. 4 t I1 STATE OF VIRGINIA, AT LARGE, C OF The foregoing instrument was acknowledged before me this �yl• day of A 4f , 1987, by /;, as partner of Regency Lake Associates, a Virginia partnership. My commission expires 4. Notary Pu lic / STATE OF VIRGINIA AT LARGE, A/ OF TO -wits he foregoing instrument was acknowledged°before me this • / ,, J/ / 1111111t1 4o,2l_ day of ` f/ll� , 1987, by as partner of Regency Lake Associates, a irginia..to ibluo. My commission expires Not y1 n11.1aNO STATE OF VIRGINIA, AT LARGE,';' .;F OF , To -wit: i The foregoing instrument was acknowledged before me this 115wL'day of 1987,.by 4��J' as ���rrz.+.e, of the Virginia Department of -Righways and Transportation. , My commission expires 'PLG Notary Publi ,3 STATE OF VIRGINIA, .AT LARGE, OF ..Q�i�l�.fL , To -wit: ti€ e foregoing instrument was acknowledged before me this — aCounty. day of , 1987, by �� AaNmQ HARNISON t JOHNSTON s of Frederick My ' A11811N(1i AT (A11 ■1N(N(/11.. Y1A.1N1A mmission expires Cm Awl Public 5 +Gi bK653PG706 / • J tS'/9'07 `E Gulev� r�ett k•. a R•Jt•a A•.. T �, cA••J Gl O••••• :.. •.3• 351. ,. •� 3 . - ,. a ••• .:PT ll fw• sd • a' -if Ph -ULUt �. SHADED AREA FOR DEa/C4r1o1V ,qS EASEMENT , .P.4RC6L NB ARC s 363.24 0.6964 .4c. ARC= /37.s6 • if / Rfi�/NOER of REGEN[r• LAKE AS�C/ATES GO 00' PARCEL •'C" M1v� b 0.36/4 S�• , s so ? S34S3`� �. .;;..� PROPOSE DAM 1 5 /ora 4: N X'01 47•A••.• gp.6B' TO 6 r S SS'/9'077E 4o.00' 1�7. AV 8 : S 88'"'70'E — 6o,00' a ARC 328.11, ARC /24.5'2' REMA/HOER OF RE6ENC)l 1 fA,r ASSOC/ALES 60' PARCEL 4A 2.8082 .4c. 71 / N 449 45' Ssi�5' • % r /V 4V•OBIli "E 'Zj lF,00t�i� 1 N/•S/'37"IY 1t. �/ ••. �r P. DUAIIE r 13 vBROWN�......� NO. 1285 .. 00 ND �° ;.•''ru �I� 1 �Oj REFERENCES 1 DEED VW4 Coos PAGES , ��• N ���r sss, rcz, sce, S71 ¢ Sep CAICfi:fC PLAT TO ACCOMPANY EASEMENT MAEEMEN S BETWEEN ' REGENCY LAKE ASSOCIATES r.s etvnty� "i b 1 ' AND THE t't1'•�rE 1 �► VIRGINIA DEPT.' •W 3 4 � OF HICNWAYS t TRA1JSPoRTAT/ON sroNmwu MAG/STER/AL an TR/CT ARSPER/CK C0(/NTY/ V/RG/N/A AUG..UST 141 1986 St;,ALE:l"s100' 1 Ll gUI*h w, clltty raucI&"$. Ilse. 4� �✓ f A s d 6/.s? tMoM,ll�l . uro►..•Mwll• APPENDIX •w►!. oll! STATE ROUTE 7' ' /Ni ow o......•a•.. N w.a► e.01, w.. !..••M..•.q •••r.0 lIN• II/I.INl111 •.r•••w •�►+. t/N� �••11 NI.111. 1 r ✓ 1 N'f BK653rc7 7 Welafr-f-R MAU µ U. IfB iA,VT t nWlA'ACr/Nd tC.� /N„ • EX G.45 1/NW •• • DR �E ��11 o' � C t' ' j EA.'CGrA NT • • 1 �L.F NSA JO/3 W � .1'st' • 2 836.69 541 29 5 E I •- 330. S/ u I � • •EX. GA ll�'E kit lk O► EftrS Ey0 2GQ00 NlV 41'Sl'S7•W , , �Tw v Y CVAVC FAME �1 IL•OIGJ ' Act •iy:lst—'. A'•N• ails fN.140 c�+.o cH. ;!rl.:�►11 u sa'rois`w 1: w 1!'3.::: 21co.ao' l U9'lf'2G• ' !lSGtY iN.M SSSGI S)�6C N �S a0'b ! iftTd!•':' 1140= 41 .0 22S.k7 I.IJAr 17'dlS1'f • E Pl!!" ' 440t7 1021.71 IC14.10 97.40' N7!'..'II'F i 3: oTsl' f000.00 S i.7J' 32f N' if1.00 G 1 21I102' w'5T1 300 0o IEGAi !1.71 loot S JSS. so1.f7 1Sb.)� 1 I.S S►0'e� 1'!'f ?r6 Q���c,rir vp.Si a e P. DUANE . �S DROW11 •�• !i owlily 60' INGRESS -EGRESS EASEMENT 110. 1285 eA.vuth Alt IJAJ aspt - g Jgr6m •Y LAKE ASSOC/AYES / ,mot' srav&v04tc .•�sar�.tw•t asrxisr 'i w" >*R><oe►s,?cK c&Nrr, vj-fwVl.4 .. EAHD 6J JULY 31j It"scAttlr•sos� gUb►rt w. elttr Woo. Inz • '� APPENDIX B j • tMOUKJlJ11.. lANO gJWlali• t••i tlw o..w•.� O.w• Wavtloaaf . >A•Ww. Ybaw bW p.h M.J11/ nr.;uvni!ofvW:Kcwn1r.aa• ! tf' • - /J { r•' m 1 roy; vcR p•Jv.,l l•• w• nl Ih. _ dry/pl . •V � y •n• w1Yl tMUI.:oW W aJu..wf••L1uwi1 Uwr•lu q . v era bd ... .. •.., wa?ANr 4..I^.••.•w,K.ww'�.WMRUM+-www.W gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers - Surveyors - Land Planners - Water Quality August 13,1997 Mr. Andrew Evans Frederick County Zoning Administrator 107 N. Kent Street Winchester, Virginia 22601 Re: Regency Lake Drive Dear Andrew: Please be advised that the portion of Regency Lake Drive through Sections "E" and "F" is at a stage of construction that would allow the passage of vehicles for emergency purposes. It is our understanding that your office is to be notified of the construction status of Regency Lake Drive allowing for only adequate passage of vehicles from Regency Heights subdivision should the dam at Regency Lakes fail. We trust that the work at Regency Lakes is complete enough to allow you to proceed with acceptance of the Regency Heights roads. Sincerely, g"L rt clifford &associates, inc. Step yurisin SM :CIS cc: Mr. Rich Lounsberry Mr. John Riley Mr. Kris Tierney Mr. Ed Strawsnyder Mr. Bob Childress Mr. Mike Hammer 200 North Cameron Street, Winchester, Virginia 22601 Phone: (540) 667-2139 Fax: (540) 665-0493 Member American Consulting Engineers Council �v c�Pv REGENCY LAKES ESTATES MOBILE HOME PARK CONTACTS Regional Office (primary contact) Chateau Communities, Inc. Attn: Richard Lounsberry 3820 Northdale Blvd., Suite 301A Tampa, FL 33624 Home Office (money people) Chateau Communities, Inc. 6430 South Quebec Street Englewood, CO 80111 Regency Lakes Estates Attn: Lisa Fowler, Community Manager 216 Regency lakes Drive Winchester, VA 22603 Regency Lakes Estates Attn: Mike Ramey, Sales Manager 134 Lisas Drive Winchester, VA 22603 U:\EVAN\COMMON\OTHER\REGENCY.ADR COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Lawrence R. Ambrogi, County Attorney FROM: Evan A. Wyatt, Deputy Director RE: Right -of -Way Agreement for Regency Lakes Estates DATE: November 24, 1997 Enclosed is a copy of the referenced agreement for your perusal. This agreement was prepared by the Virginia Department of Transportation (VDOT) to ensure that access was available via a 60 foot easement across the Regency Lakes Drive dam for maintenance of the road system. The VDOT did not want to assume maintenance responsibility for the dam until an alternative access route was provided through the Regency Lakes Estate mobile home park. As a part of that agreement, the developer was required to provide VDOT with a $35,000 bond for the maintenance of the dam. Frederick County is attempting to work with VDOT to have Regency Lakes Drive and the roads within the Regency Heights single family lot subdivision brought into the state secondary road system. It would be beneficial to receive a legal opinion from your office regarding the following issues: • Are the current or former owners of Regency Lakes Estates in any way bound by this agreement today? • If available, could the $35,000 bond be applied to the general maintenance of Regency Lakes Drive? • If requested, could the VDOT have undertaken the maintenance responsibility for Regency Lakes Drive under the terms of this agreement? Frederick County will be meeting with VDOT officials and other interested parties on December 9, 1997 to determine an appropriate course of action. It would be helpful to have your input prior to that meeting. I will be available to attend the staff meeting with your office on December 1, 1997 to discuss this issue. Thank you for your assistance regarding this matter. cc: John R. Riley, Jr., County Administrator 10' North KenAStreet • Winchester. Vin inia 22601-;00f1 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Lawrence R. Ambrogi, County Attorney FROM: Evan A. Wyatt, Deputy Director RE: Right -of -Way Agreement for Regency Lakes Estates DATE: November 24, 1997 Enclosed is a copy of the referenced agreement for your perusal. This agreement was prepared by the Virginia Department of Transportation (VDOT) to ensure that access was available via a 60 foot easement across the Regency Lakes Drive dam for maintenance of the road system. The VDOT did not want to assume maintenance responsibility for the dam until an alternative access route was provided through the Regency Lakes Estate mobile home park. As a part of that agreement, the developer was required to provide VDOT with a $35,000 bond for the maintenance of the dam. Frederick County is attempting to work with VDOT to have Regency Lakes Drive and the roads within the Regency Heights single family lot subdivision brought into the state secondary road system. It would be beneficial to receive a legal opinion from your office regarding the following issues: • Are the current or former owners of Regency Lakes Estates in any way bound by this agreement today? • If available, could the $35,000 bond be applied to the general maintenance of Regency Lakes Drive? • If requested, could the VDOT have undertaken the maintenance responsibility for Regency Lakes Drive under the terms of this agreement? Frederick County will be meeting with VDOT officials and other interested parties on December 9, 1997 to determine an appropriate course of action. It would be helpful to have your input prior to that meeting. I will be available to attend the staff meeting with your office on December 1, 1997 to discuss this issue. Thank you for your assistance regarding this matter. cc: John R. Riley, Jr., County Administrator - `• r�� ia.nt street - 'Aincnester. VirJnia "Z601-4000 t . ,I f-- IAONISON A JOHNSTON AITONNCTS AT LAW +INCN911TIA, VINNINIA #5412 REGENCY LAKE ASSOCIATES TO: RIGHT OF WAY AGREEMENT VIRGINIA DEPARTMENT OF TRANSPORTATION CK65RG701 THIS RIG[!T OF WAY AGREEMENT, made this 4• i4 day of 1987, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WI'TNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page a68. The easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to create in the Grantor any contractual right to a degree, standard or term of 8 653P�702 maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or Wit may be altered or amended in the future. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and•of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from a bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) for the maintenance, repair and replacement of said dam and said roadway pursuant to•the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be• reviewed annually by the Department, which shall notify the - Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. It shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the. event of a dispute as to a proper amount, the Grantor may appeal the decision of the Department within the Department and TOM a JOMMSiOM to the Court system. 11100M(10 AT Mt 4CM90110. 11001111A 3. The Grantor will reserve the sixty (60) 'foot wide -2- !•a HAIIMON t JOHNSTON ATTOANTTN AT LAW VINCNCNTCN. YINAINIA BK653Ps703 ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becovies impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to -such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam: 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability: for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the' Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - 0 ANNISOM t JOHNSTON ATU/YIIS AT LAW j •IMCMIIiI�, TI24I111A OX653PG704 dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easement,is an element of maintaining the surface, base, shoulders and guard rails of said roadway. $ 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's Highway System. 11. The obligation of the Grantor herein (in addition to being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia artners i �; i ✓ .7 (SEAL) Partner By SEAL) P;ztr ner VIRGINIA DEPARTMENT OF *M*f*WM Fiscal Division TRANSPORTATION C T� , By (S L) Date: DEPUTY COMMISSIONER OoO— office of Attorney General FREDERICK COUNTY Date: 6941 E4 C i 4 - HARRISON A JOHNSTON AITORNTTS AT lAR NINCNlRTTR. KIROINIA STATE OF VIRGINIA, AT LARGE, The foregoing instrument was acknowledged before me this y� day of of , 1987, by A/3t")If as partner of Regency Lake Associates, a Virginia partnership. My commission expires N G'✓�3 /� �� Notary Public STATE OF VIRGINIA AT LARGE, A/ OF To -wit: he foregoing instrument was acknowledged before me this Y/ day of ` `/!Lti _, 1987, by t' It, u/ ,,)IQ... as partner of Regency Lake Associates, a irginia..tiar�tngr§tUP, v. My commission expires Not y Publ a //•II,,,;,,,I}I STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this .a5wi_"day of , 1987, by det '`J , as of the Virginia Department of Transportation. My commission expires Notary PubUqV STATE OF VIRGINIA, AT LARGE, OF _ �p�piti,/.�C. , To -wit: Te foregoing instrument was acknowledged before me this LT&- day of 1987, by as MV of Frederick County. My Ammission expires 3 Votary Public - 5 - �K653PG706 ' e�Rvs r�ee..e M.. • �.J:r• A.� �... e1.r.J cl e..-•. • ,• selgev on . ,. ' , I� a .f ..- , r SHADED AREA FOR DED1C4r10,V .CA SEAMEN r �-37 0.6964 o4c. ARC.- /37.8G RE RfASA/HOER of `000• ,k f PARCEL "c m M1`� 0.36/4 Ac., 9 so• 4 3 ' ,f' 34 • fA' S3 `� isv. 93 • �v�' PROPOSE .0AM rro2• S7G'0,"47E-��f70• ��• � 3 : S/t•Sozo•w•- s�.o/• 5 /0 W 4 : N X •02 47•H• -- 40. 6e' TO 6 t S SS'/9'07'E — 40.00• 7 TO 8 : S W"'ZOT — 6o.00' ARC w 326. //' ARC a /24.52' {. REMA/NDE.V OF R 6ENCr LAKE .4sfoC/ArES 60' 6ENCr LAKE ASS>7C/ATES { � �.�• PARCEL •A •• 2.8082 Ac. • { IV4w* S•IJ' 49. 413" ,v 4N0es'Z.i"4T 4° Oo 3 N I/0S/'37"M' 60.00, 7/1 , ff *to r Ss,� .15 vq'• F JoL• % TALTN p� a P. DUANE ✓� hvAw" 110-1285 Ufa Q� � LAND 6J REFERENCES= DEED BOOK 608 PAGES 558, r62, sc80 `71 ¢ sop .v{o A.M. CAM14vIt, PCAi TO ACCOMPANY EASEMENT AGREEJhEN ^� S BETWEEN REGENCY LAKE ASSOCIATES rpAyr� ^1 h 1 AND THE W 3 ' VIitG1N1A DFPr.' OF HIGHWAYS t TRAvsPoRTAT/ON STONEW.4LL MAG/SiER/AL O/S rver FREOER/cK COUNTY, Y/RG/N/A 1 �1 1� AUGUST 14, 17% SCALE: 1"9200 ' 0 O �• ` `uben W. e11tfU Iwo, lue. APPENDIX A 6� s•j •wowt{•{ • ur0 h�wMll{ •W{roll► {{ {+..� Cw. w. M•.r STATE ROUTE 7 • {asol..o......oil /•N.•11{NMI Yr{r.Y NMI Ilq, rN�{//{ r/r•fN..� rr�w. LMI IIrJI ML{I{r n 1 RE 6CC GrYC NJV*30'13�r .. 836. Bf an653PG7 7 i rrx. rs I.M. r oRry 4 1 �l �a I /0� J 41"29'SZ"E NAr,s f �- •�EX. GASH LIE • N41•Sl'37"w CVAVC MILE A'1 ..� .... AADIVJ . ' ArC MV.. CRMO cy.. Arx "11 i -'slco.-cn° issir auk i�+.or usvis`w 2 p9'1rZG' JlS.�7 if1.01 1S'!LI S)lt0' MlX7'JS ea'E 1 ifCT.id", 140Lv 41 .O 225.Td -0.IAA )l'JI'SI'f • L.T'PT!f 0400 1onm 1014.70 71.4P' NTI':;'I�F r J: o)'u• Moaoo sn.sr Mr.", cn—C� L 2f71'02' SW" M." if.JJ 16S.JI S 6CF£Io'f T wili' tss. 4o1.11 iseao I.J Sia'ss'i3=r s�1 It u S 5-1:4,1111 naoo'I P`E Ira Pra j� a o P. OUANE v DR OWN { 40' INGRESS -EGRESS EASEMENT NO.1285 rMvujh 0%se rant .OP REGENCY LAKE ASSOCIATES FANDERACK rC4WNlYtt /Meb1sTlAYweL O✓jTiVc rOVAiA •• lA110 6�Q DULY 31j 11" SCActrr.Ipo' rtlbon w. Cliff lwt*s. In& APPENDIX B • ewowue� KAW """ ....,. e.�.•.• �.. •n.aH.M/{ �rrr SSi Mt i�::l (1M L11q r'►MM.v. Y►rw (bM. 1�11i .1. Jar /j�.'�fI���Uylyyrtwy.K�C/yAy�J�NIY, 7ttf. ►V v .'^/.�.L�!z W Q IM.\L.vb) 4• ms n� yen .. Y K'Y of _ .. �.��..�..� y Y.J w1Ys u.u1K:IW d aJurrvAv47nwd IliwaRt cY1Wd ' .ML•to0 LaCwJ. Q I q I ri 7 ;ti,.�,�: �izS�.�c �<.�: -rt,.�, �� ��� C •tom_ � � 6e c:) �, cs�.,�.�� v ��� to &IA rig N1oP 0 uL>+ e`> �6 Gi 1 e. f'E COMMONWEALTH of VIRGINIA. RAY D. PETHTEL COMMISSIONER Mr. W. Wayne Miller Fred. Co. Zoning Administrator P. O. Box 601 Winchester, VA 22604 Dear Wayne: DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 WILLIAM H. BUSHMAN RESIDENT ENGINEER July 23, 1993 TELE (703)984--4133 FAX (703) 984-9761 Ref: Regency Lakes & Regency Heights Subds. Route 7 Frederick County As requested we have made an inspection of the referenced projects to determine their eligibility for addition into the Secondary Road System. As you know from our recent meeting several outstanding items need to be completed and/or repaired. I would like to point out however several of the items we have listed below were brought to the attention of the original developer in a punchlist letter from us in August, 1988. For your use I am providing you with a copy of the letter and marking the following items with an asterisk which were on his original punchlist. Regency Lakes Drive (From Route 7 to Regency Lakes Drive East) Pave or prime and seal the entrance roadway at Station 9+75 (right side). Regency Lakes Drive (East) Install entrance to tennis courts to VDOT standard with 20' radii, prime and seal or pave roadway and establish vegetation (Station 83+10±). The erosion on the embankment slope adjacent to Culvert G-G needs to be repaired and vegetation established. • The riprap placed adjacent to the edge of pavement on the east side of the intersection of Regency Lakes Drive East and Lake Wisdom Drive and the logs/poles adjacent to the edge of pavement on the west side of Regency Lakes Drive East at the top of the dam will need to be removed. Lake Wisdom Drive * The asphalt collars around the water valve boxes in the ditch line in front of Lot No. 2 will need to be replaced due to settlement. • Severe cracking has occurred in the cul-de-sac pavement. This area should be investigated to determine the cause of the pavement failure prior to the roadway being overlaid. TRANSPORTATION FOR THE 21 ST CENTURY Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. July 23, 1993 Page #2 • The pavement settlement and cracking at approximate Stations 1+50, 2+00 and in front of Lot No. 2 will need to be repaired. Lake Sever Drive * Vegetation needs to be established adjacent to Culvert D-D. • The pavement appears to be cracking along the edge of the roadway near the end of the cul-de-sac. This will need to be repaired. • Lots No. 48, 51 and 52 need private entrance culverts. • The pavement settlement in front of Lot No. 39 needs to be repaired. Chelan Place * The shoulder area between Lots No. 59 and 60 needs to be restored in accordance with the approved typical section. • Private entrance culverts to Lots No. 57 and 58 should be disconnected and the side ditch restored and re -vegetated. Geneva Place • The side ditch in front of Lot No. 70 has been paved and a flower box constructed in the back slope. This will need to be removed or the owner will need to obtain a permit from us prior to addition. • The side ditches at Lots No. 66, 67, 70 and 71 need to be dressed up and vegetation established. • Additional asphalt needs to be placed around the water valve boxes at the intersection with Lake Sever Drive. Old Pond Way • The basketball goal needs to be removed from the right of way. • Side ditches around the entire cul-de-sac needs to be reworked to obtain positive drainage and adequate cover obtained over the private entrance culverts. General • Several bare areas need to be reseeded and mulched or hydro -seeded. • Several asphalt skirts around sanitary sewer manholes have settled and need repaired. Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. July 23, 1993 Page #3 As you know, another means of access will need to be provided to the Regency Heights development. Therefore, in addition to the above items the issue of completion of the loop road around the lake will need to be addressed. We have forwarded the agreement you provided for the dam crossing onto our Central Office to determine is validity. I will let you know when we have received their comments. In the meantime should you have any questions concerning the above, please let me or Mr. Steve Melnikoff (703-722-3460) know. Sincerely, William H. Bushman Trans. Resident Engineer 6..Gj is. W-J4'S'-- By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. Steve Melnikoff Mr. John Riley Mr. Ed Strawsnyder (703) 984-4133 August 24, 1988 Mr. Mike Barverio C/O Perry Engineering Co., Inc. Route 6, Box 152B Winchester, Virginia 22601 Dear Mike: Ref: Regency Lake Subdivision Regency Heights Subdivision Frederick County At your request I am listing items from a field review which need to be corrected on the above referenced subdivisions before this development is completed in accordance to the approved plans. The street names will correlate to that posted in the field. REGENCY LADS DRIVE (To Regency Lakes Drive -East) - Pave or prime and seal entrance roadway at Station 9+75 (Right Side) REGENCY LAKES DRIVE (East) - Repair erosion from edge of pavement to culvert under entrance for Community Center (outlet end) - Install entrance to tennis courts to VDOT Standard with 20' radii, prime and seal or pave roadway and establish vegetation (Station 83+10+) - Re -work ditch line (north side) from Community Center to lake for positive drainage and establish vegetatiob - Establish vegetation at inlet end of Culvert No. G-G under roadway at Station 80+40+; repair erosion on embankment slope and establish vegetation at this location LATE WISDOM DRIVE - LJwer water valve boxes (2) in ditch line fronting Lot No. 2 and place asphalt collar around same - Establish vegetation fronting Lots No. 10 & 14 - Repair erosion in shoulder and establish vegetation between Lots 17 & 18 LAKE SEVER DRIVE Remove silt from inside Culvert No. D-D under roadway at Station 8+45+; also tahiish vegetation at inlet and outlet ends __.gall private entrance with culvert to VDOT Standards at Lot No. 39 w i Mr. Mike Barverio August 24, 1988 Page Two - CHEI.AN PLACE - Repave cul-de-sac bulb due to settlement - Repair erosion in drainage easement between Lots No. 59 & 60; restore roadway shoulder and establish vegetation WINNEPEG PLACE - Extend culvert minimum 5' at both ends under private driveway at Lot No. 29 to provide adequate roadway shoulder GENEVA PLACE - Provide positive drainage in ditch line fronting Lots No. 67, 69 & 70 See attached copy of drawing which depicts the placing of newspaper boxes along the roadway. Special Note: In accordance to approved plans the Loop Road Connection between Sections A & B to be installed in Phase I Work is to include the following: - All excavation and grading with 4" of 21-A Stone Base - 22' width of roadway - 50' easement to be provided in center of right-of-way to and from Regency Project It is hoped this punch list_ is adequate for the completion of the development. Should you have any concerns, please advise. Sincerely, C. William Lam Hwy. Permits & Subd. Spec. Senior -or: W. H. Bushman Resident Engineer CWL/rh Attach. xc: Mr. Rupert W. Werner Mr. James Marlow Mr. C. E. Maddox flsd.N NERICAN FIRST AMERICAN BANK OF VIRGINIA June 17, 1987 Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Building County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Subject: Revision of Setback Letter for Regency Heights Subdivision and Regency Lake Estates MHP Site Plan Dear Mr. Gyurisin: We have made a construction loan of Two Million Dollars to Regency Lake Associates, part of which money is to be used for the construction of a road (to be dedicated to the Highway Department) from Route 7 to Regency Heights Subdivision and for the construction of water and sewer lines to service this Subdivision as well as to service the Regency Lake Estates Park. Perry Engineering has presently been contracted to do this construction. We are advised by you that the cost of completing the specific work noted above is $88,500.00. We agree not to distribute $88,500.00 of said Two Million Dollar loan without your approval. Furthermore, if said work is not completed, and you find it necessary to secure other contractors for the purpose of completing the work, we will use said $88,500.00 to pay any reasonable bills for completing the water, sewer and road construction. It is our understanding that as the water, sewer, and road construction is completed, you will so advise us to reduce the amount withheld for this purpose. This letter is written with the condition that all parties noted below execute this instrument. We consent to the above: COUNTY OF FREDERICK By FIRST AMERICAN BANK OF REGENCYiI��ASSOC artner PERRY ENGINEERING v By 0 U ,W a,&�V , /y),o /jA&9F-A- Regional Office 201 N. Loudoun Street Winchester, Virginia 22601 Telephone: 703/667-2000 Telex: 89-9169 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 27, 1987 Mr. Ronald W. Rooze 8700 Ashwood Drive Capital Heights, Maryland 20743 RE: Regency Lakes/Regency Heights Dear Ron: In response to your letter of April 24, 1987, I met with Mr. Andrew Hershey of the First American Bank and Mr. Charles E. Maddox of G. W. Clifford & Associates to discuss the release of funds for the above referenced projects. Both Mr. Hershey and Mr. Maddox have agreed in principle that the release of funds should be based on an estimate prepared by a professional engineer and submitted for review by Frederick County and First American Bank. It is my understanding that Mr. Maddox has agreed to prepare such an estimate as your project engineer for the Regency projects. To expidite the release of bonded funds for the Regency projects, I suggest the following actions: 1. Mr. Maddox would review and estimate the dollar amount of completion to date.. 2. Mr. Maddox's estimate would then be forwarded to both First American Bank and Frederick County for review and approval. 3. Upon agreement of the sum to be released, First American Bank would prepare all appropriate documents for sign -off by the County for release of the bonded funds. I suggest that we follow this format, or a similar format, so that we may react to your request for draw -downs within a reasonable period of time. If we are to do this on a monthly basis, I would suggest that you initiate the process through Mr. Maddox so that he might supply us with the appropriate dollar estimates. In addition to a estimate for monthly draw -downs, I would also suggest that Mr. Maddox prepare a bottom line figure to be held by the County until the Regency projects are completely finished. 9 rnnrt Souare P.O. Box 601 - Winchester, Virginia - 22601 ,Page 2 Mr. Ronald W. Rooze May 27, 1987 Again, these are my suggestions to expidite the process of draw -downs for the Regency funds. If you have any other suggestions or if you wish to use another format, please feel free to let me know. I am looking forward to working with you on this project. If you have any questions, please feel free to contact this " office. Sincerely, Steph n�M. Gyurisin Deus Director SMG/rsa cc: Andrew Hershey, First American Bank Charles E. Maddox, Jr., G. W. Clifford & Associates, Inc. COMMO IIWHALTH of VI Q1 DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL ( 7035" �ti4 i yti U COMMISSIONER 4 i� May 24, 1988 Mr. Rupert W. Werner, P.E. Vice President & General Manager Perry Engineering Company, Inc. Route 6, Box 152B Winchester, Virginia 22601 Dear Puper`v : V- ON,' gip; p4Pj. �4Q1� _ pe10 V. H. BUSHMAN RESIDENT ENGINEER Ref: Regencry Lakes Subdivision Regency Heights Subdivision Frederick County This is to acknowledge receipt of your letter dated May 19, 1988 along with a letter datel May 17, 1988 from Mr. James Marlow, Project Manager of Regency Lakes Sales, Inc., to the above referenced location. War office is in agreement with your proposed modified ditch section as stated in your letter on the street cul-de-sac ends where we have experienced difficulty in the past obtaining the typical section as shown on approved plans. If drainage on the cul-de-sac ends is designed where the modified ditch section cannot be used then the approved ditch as shown on the plans will be required with the minimum. of two feet shoulder width providing the typical section has a two to one .fr,-7:nt slope and a one and one half to one back slope on the ditch line as discused in a-~ur meeting on April 8, 1988. At our meeting on April 8, 1988, there was some discussion from the contractor and d=T,fn eper �_5 to relocating the existing utilities. If this is being pla-fined then we LxIDuld require the typical section as shown on the approved plans. _rea tine=re yc"':r :codified ditch proposal s,_uld be acceptable is at t ; w~uak.ing mint in th:_ '_-4-ainace (top of vertical crurve) where there is positive f_l rainaae in Loth direct- ions . Al -n at * . ,g April 1988 there was some discussion of tine water on the cul-de-sac streets.. If this is part of yaar proposal for the modified ditch, the drainage skill have to be reviewed by the Department. ]a lit i �Ti t _]1� Was addressed 127 s'oijr letter is who will be responsible for r nee _rating `he 1?�dif led ditCll Se_t__ n in the ar a ,3f private entrances. Sincerelyf, lk/;'Lnai , ---s . Engr. . Y7 / :i=3G.0 t+fir. R. 1. .,-1- -as, 1r. ?awes Marlo. TFANSPOR T;+1 i1- r rOn _ 7 %-7T CENTURY 10 �*h N �. jr COMMONWEALTH of VIRGINIA RAY D. PETHTEL COMMISSIONER Mr. Robert Watkins Planning Director Dept. of Planning & Building Post Office Box 601 Winchester, Virginia 22601 Dear Bob: DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 W. H. BUSHMAN (703) 984-4133 RESIDENT ENGINEER May 11, 1987 Ref: Regency Lake Drive Frederick County I am writing you regarding our brief telephone conversation on Thursday afternoon, May 7, 1987. You asked about the impact rezoning some land adjacent to the access road to the Regency Lakes development to a B-3 designation would have on the current pavement design of the access road. I indicated to you, I felt it might be insignificant based upon the planned use for the parcel as mini -warehouses. Two factors contributed to my cursory response: I erroneously assumed the parcel in question was the residue of the Snapp land behind the store, and the concept I have of what constitutes a mini -warehouse and how they are used. Upon further review, I have learned the area in question belongs to Mr. Kim Henry and involves over six (6) acres. In talking to Mr. K. D. Walker of this office, our concept previously for this land was it would be served off Route 7 directly. Furthermore, if our understanding of B-3 zoning is correct, the permissible uses could involve for heavier vehicles than a mini warehouse would generate. Such a possibility would adversely affect the current pavement.design. We would insist upon appropriate review and construction to satisfy all proposed traffic types before the road could be added to the Secondary System. I hope the above addresses the situation better than last Thursday. If you need additional information, please let me know. WHB/rml Sincerely, � �" W. H. Bushman Resident Engineer TRANSPORTATION FOR THE 21 ST CENTURY A" v Op 7. s.. April 24, 1987 Mr. Stephen M. Gyurisin Deputy Director Department of Planning & Development County of Frederick 9 Court Square P.O. Box 601 Winchester, Virginia 22601 Dear Steve: Ire N gft"- 9 Thanks for your recent letter regarding the bonding agreement on Regency Lakes. In a discussion with Andy Hershey at 1st American, we had determined that the development had proceeded to the point where we should request a decrease in the amount you were requiring to be held by the lender. Please review the status of the project and forward to Andy the amount you wish them to hold. It is my understanding that we will now keep you informed on a monthly basis as to the status of the development work. Each month we will ask you to inform 1st American as to how much they may decrease the amount they are to hold in reserve. You have been very helpful to us in the past, and we are very appreciative. Sincerely, Sld LA S W. Rooze RWR/bf Enclosure cc: Andy Hershey Donna Finneyfrock 8700 Ashwood Drive, Capitol Heights, Maryland 20743 301499-1950 COMMONWEALTH OF V I RG IN IA DEPARTMENT A-) OF HIGHWAYS AND TRANSPORTATION Dfp1 Edinburg, Va.rgirii4 22624 December 22, 1906 A.r. .4. X. Benham., III C/O Rarrtson ; Jobnoton Attornoy at Law 21 South Loudoun Street Win.c.t*aster, Virginia 22601 Dear Xr. zenham: Re Regency Lake Assoc. Subd. Right - cf­'N*� Aqri**:riAant1'­" Irrevocable Letter of adi"t", I am enclosinq thla pro--ozcF,4 agreument for crossing the -dam -,,�ith L" - the street in the a"-vt referenced subdivision fod the final execution by tha _Vnignated parties. Also enclosed is a sample copy of a Irrevocablot* Latter of Credit to hn, usad ar, a czui.dnl1-'-Q And to he executed along with t4is a4r,v.Lmment. En,71,:saed are copies of the latast revisions and should b,-1 made part of this agreement. It is recowimand4_,d that. the ].otter of credit be attested. Upon completion of the plea3e reti-irn the docul-wants to tftis office. Should you have any qu-,_stiona, ply,aSe 40 tlOt h4:SitAtP_ to ^'Ort3C.t me . sincerely, 0 - Wa I ker In3ponctor For: W. H. Bushman Resident Engineer KDW/Ics Attach. cc: Mr. D. L. Camper Mr. Todd LePage Mr. R. L. Moore Mr. R, W. Watkins MEMORANDUM g . w . clif f ord & associates, inc. 20 S. Cameron Street < Winchester Virginia 22601 (7035667-2139 TO: All Parties in Attendance of Regency Lakes Meeting FROM: Charles E. Maddox, Jr,P.E. RE: Regency Lakes Estate DATE: October 27,1986 On the above date the following people were in attendance at a progress meeting on the above project: Mr. Rupert Werner Mr. Walter Wilson Mr. Harry Benham Mr. Bill Bushman Mr. Steve Gyurisin Mr. Scot Marsh Mr. Al Smith Mr. Larry Mclwee Mr. Don Fow 1 er Mr. Keith Walker Mr. Charles Maddox The principal items of discussion were: -1- Road Pavement in the single family lot subdivision. This phase work was reviewed with Mr. Bill Bushman and Mr. Keith Walker of the 1/ n I+ vitas recommended b� the writer, that all roads an the ....H.—R.T. L vitas subdivision by approved at 6" of 1 A and 2" of Bituminus Concrete S5 surface with the exception of the entrance road, ie Estate Drive from the Regency Lakes Drive to the --first intersection within the subdivision. This road would be constructed using 10" of 21 A and 2" of Bituminus Concrete S5. -2- Bond requirement. It was indicated that a bond would have to be posted by the owner for two specific purposes; a. In order to allow occupancy permits in the mobile home section, ie Fowler Place and Section A. b. In order to record record plats for the single family lot development (72 lot area). The writer has prepared a letter which has been sent to Mr. Steve Gyurisin and to Mr. Bunny Benham in the principles which state the engineer's opinion as to the amount of cost associated with completing the work required. This is understood to be the source for establishing bond amount. pg.1 -3- Snap Right -Of -Way. some discussion occurred as to the Planning Commission's question regarding the entrance road. All parties agreed that the' design is adequate and has been approved by the Highway Department. It was indicated that the Highway Department, Mr. Benham and the Engineers would be at the next Planning Commission meeting, ie November 5th, in order to make sure that the Planning Commisssion understands that all legal and regulatory requirements have been met. -4- Gas Main situation. It was indicated that the gas main cover problem has been adequately taken care of in the field. ' The contractor -indicated that the gas main was supposed to be in contact with the engineer, however no such contact has been made as of this date. there appears to be no problem associated with the cover situation. -5- . V.D.H.&T. Agreement for the road over the dam. Much more discussion occured on this item. It was decided that essential agreement has been met with the Highway Department and the Owner. The Highway Department requests the county enter into this agreement and some additional discussion may be necessary on this item. Mr. Benham is to get in contact with todd Lepage who,is the Assistant Attorney General for the Highway Department and discuss this in more detail. -6- Stake out swimming pool and amenities. It was stated that swimming pool and community building were being staked out and that cooridination is required between that activity and Perry Engineering as required. Some discussion occurred on this item and no problems were noted. also the contractor requested that some tenative stake out be made for amenities in the area of the ball field and tennis courts in order that he could perform some rough grading in that regard. -7- Pump Station. The contractor reported that the pump station was on back order because of a strike. It was not known • as to how long this would be, however he was checking and would give a better report at the following meeting. -8- Storm sewer at Route 7. A report was made by the Engineer as to the situation regarding the strom sewer situated at Route 7. It was indicated that changes required by the Highway Department had created a situation where conflict with the existing utilities in Route 7 had caused the storm sewer to be deepened to approximately a 4' depth to cover at the median of Route 7. There was concern at, the meeting as to the feasibility and safetty of deepening the ditch in the median of Route 7 to accomadate this change. After the meeting the writer together with the Highway Department met the contractor on the job and reviewed this situation. Based on this field review directions were given to the contractor which were exceptable to Mr. Bushman and Mr. Walker and it would appear this problem is resolved. Mr. Rupert werner was present at the job and indicated that some additional cost will be applied for due to the changes involved. pg.2 -9 Sewer lateral at pads were discussed. It was discussed whether or -not to brinq sewer lateral stubs to the surface or to leave them at a buried depth as are being installed at this time. The principal objection by Mr. Fowler was that a deep sewer connection, ie 6-7 feet creates a problem in connecting mobile homes. The contractor stated the problem having to clear underneath the waterline required by County requirements, in some cases creates a deep sewer connection at the pad. It was indicated that the installation of a 45 bend or other bend as appropriate could bring the sewer up to a managable depth and this would be done by the contractor in cases where deep sewer laterals would be involved. -10- Topsail at pads. Some discussion is to the installation of topsoil at the pads at Fowler Place and its topsoil effect on poured concrete sidewalks. It was indicated that where depth of topsoil was too great to provide adequate support for sidewalks then this would be excavated in prior to and good material replaced as required. -1 i - Schedules. Mr. Al Smith asked whether the contractor was still on a November loth occupancy schedule. It was generally aggreed that the contractor was on this schedule. -12- Area Lighting. Mr. Bushman inquired as to whether light poles had been approved by the Highway Department. the writer indicated that Mr. Ron Rooze was due to meet with the Potomac Edison Company on Wednesday morning, presumably about this item and a copy of this memorandum would be presented identifying the need to have light locations approved where they occur on State right-of-ways. -13- Electric Service to the Pump Station. It was reported that Potomac Edison could not brin underground service to the pump station in the 240/480 volt configuration. This would be a, topic of discussion at the Wednesday morning meeting with Potomac Edison. -14- Postal Service boxes. It was reported that the U.S. Postal Service has been given a set of site plans and will be updated as to the changes to location and number of units. These updates will be handled by Mr. Fowler and Scot Marsh. -15- 1t was announced that the next meeting will be held on Monday, October 27,1986 at 7:30 a.m. The meeting lasted approximately two hours and there being no additional items of discussion the meeting ended at approximately, 9:30 a.m. pg.3 e 01, i gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150 C Olde Oreenwich Drive a Fredericksburg, Virginia 22401-4098 a (703) 898-2115 Winchester Office: 20 S. Cameron Street a P. 0. Box 2104 *Winchester, Virginia 22501 a (703) 667-2139 October 23,1986 Mr. Steve Gyurisin F. C. P. C. 9 Court Square Winchester Virginia 22601 RE: Regency Lakes Subdivision Bond Amount Dear Steve, On your request we have reviewed the existing development status on the stand joint of predicting the amount of work complete to date. We understand that you are required to establish a bond amount in order to allow occupancy permits in the mobile home community and to allow recommendation of the final plats. To perform this estimate we utilized the existing bid tabulations developed from Perry Engineers Bid documents. Since occupancy is not required in Section B of the Mobile Home community that portion of the work has been eliminated from consideration here. Also the West Lake is a Phase 2 project and that has eliminated from consideration for Bond purposes. The amount indicated on the attached spread sheet is that which we believe will be required in order to complete the work in accordance with State and Sanitation Authority requirements. We trust this satisfies your request, but if we can be of any additional service please do not hesitate to call us. Sincerely You , arles E . Maddox, Jr . , P . E . Vice President Enclosure CEM, Jr/psp BOARD OF DIRECTORS Thomas J. OTooie, P. E. Charles E. Maddox. Jr. P. E. Earl R. Sutherland. P. E. P. Duane Brown, C. L. S. William L. Wright, Laboratory Director �ICRR Y --- ---- PERRY-, 3 12. APRIL 1936 SECTION A IMPymTS ENTRANCE ROAD REGENCY HEIGHTS ITE11 DESCRIPTION UNIT 93 lease sites -X COMPLETE TOTAL 4d COMPLETE TOTAL 9k COMPLETE TOTAL 72 for, . sale lots 5 - 7, COMPLETE 'TOTAL. QTY UNIT PRICE AMOUNT 10/22/86 COMPLETE AMOUNT 10/22/86 COMPLETE OTY UNIT PRICE AMOUNT 10/22/86 COMPLETE QTY ' UNIT PRICE AMOUNT 10/22/06 COMPLETE - 0 I CLEAR. AND OPUS iunv s4A" 1 0140.00 19140.00 too 19140 0 1 z000no 3000.00 100 3000 1 13750.00 13750.00 100 13750 EARTHVORV, tultlp sun 1 114342.00 114342.00 • 75 857560. 0 1 6664.60 6664.00 100 6664 1 18802.00 18802.00 100 18802 OR AV ITY SEVER-e- 0-6* DEPTH tin feet 1450 1 13.50 t9575.00 75 14681 M 0 320 13.75 4400.00 50 2200 'V�20 13.�d 205220.00 60 12312 C-8-IO'DEPTH M feet tin feet 1z80 14.73 20355.00 75 15266m 0 240 14.75 3540D0 0 0 1200 14.75 17700.00 60 10620 D. 10-12*DEPTH �nfeet 765 16.75. 12813.73 75 961OZ123 0 385 16.7S 6448.75 0 830 16.75 13902M 60 8341 z E.*2-(4'DEPTH tin feet 505 23.25 1174123 75 6005.9375 0 1 0.00 0 335 -2325 8253.75 60 4932-25 F. 14-16- DEPTH tin feet 130 32.75 4257.50 75 3193.125 0 0.00 0 150 32.73 4912.50, 60 2947Z G. 16-18- DEPTH lin feet 200 36.95 7590.00 75 5542.5. 0 0.00 0 165 36.95 6096.75 60 3659.05 230 40.75 9372.50 75 7029Z75 0 0.06 0 ow H. 10-20* DEPTH tin feet 40 45ZS fS 14.00 75 13605 0 0.00 0 0.00 0 0 6- SEWAGE FORCE MAW lin feet 1970 I I zo, 22261.00 0' 0 0 0.00 0 0.00 0 5 SEWAGE LIFT STATION lump sun 1 2637*2.00 26372.00 so 13186 0 0.00 0 0.00 0 6 SEWAGE MANHOLES each 20 1900.00 38000.00 75 MOO. 0 3 1340.00 4020.00. 40 16M 17 1446.00 245132.00 60 14749.2 T. 6- SEVER LATERALS tin feet 1488 9.50 14156.00 50 7068 0 Ono 0 0.00 0 8 4" SEVER LATERkLS ?in feet 1618 8.45 13672.10 50 6836.05 0 X!, 145 10.00 1450.00 100' 1­ 450 3180 10.40 33072.00 60 198432 4" WATER MAP tin feet 525 12.50 6562.50 50 3281.25 0 0.00 0 14510 13.40 194z,:6.00 so 9715 .10 6- WATER MAIN tin feet 1615 13.45 21721.75 50 )1 0260.875 0 0.00 0 270 1 17.45 4711.50 25'. 1177.875 11 S"WATER MAIN lin feet 1790 17.10 30609.00 too 30609 0 Ono .0 2110 15.80 33338.00 25 8334.5 12 10"VATERMAIN tin feet 450 22ZO 10125.00 too 10125 o 1140 49.90: 21432.00 100 21432' 0.00 0 13 FIRE HYDRANT ASSBLY each 3 1888.00 5664.00 40 2265.6 0 Ono 40 0' z 1888.00 5664-,00 25 .0' 1416 - 14 WATER SERVICES 93 .377.00 35061.00 50 17530.5 -0 0.00 0 72 297.00 21384.00 0 0 15 YDH&T ROAD -COMPLETE 25303.00 25 6323�.75 500D0 A. ENTRANCE ROAD-W/ C&G tin feet 0.00 50 0 430 63.00 21950.00 50 13975 0.00 0 B. ENTRANCE ROAD-W/O.C&O tin feet 0.00 50 0 0 725 27.00 19=.00 50 97875 0.06 0 C. LOOP ROAD tin feet 2475 26.15 6472125 .50 32360.625 0 0.000 0.00 0 D. SUBDIVISION STREET tin feet 0.00 0 0 0.00 0 mo 20.40 .69360.OQ 50 34660 16 v PRIVATE RQAD-COMPLETE An feet 2665 18.80 50102.00 so 25051 0 Ono 0 oD6 0 14 PRIVATE ENTRANCES 93 451 .00 41943D0 20 63S8.6 f 0 i 3.. 975.170 2923.002 50 14625 0.00 0 19 TOPSOILING AND SEEDING . kmv sum 1 65985.00 65985.100 0 ......0 0 I- .4937.00 4937.00 50 2468.5 1 13587.00 1358710 0 0 11) EROSION CONTROL lump sum I b000no 8000.00 -50 -4000 0 1 17,50.00 1750.00 50 675 1 1000.06 3000n0 50 = 1500 20- STdRM SEVER -A. 15" CMP lin feet 173 16.50 2854ZO 100 2854.5 0 120-- 16.50 1980.60 50 990 0.00 0 S. IS" CAR jin feet 564 ..19.73 11139.00 - too 11139 0 0.00 0 0.00 0 T, i C. 21 " 0,115 'tin feet 0.00 100 - O_ 50 72 2325 1674.00 100 1674 55 23.25 1278.73 100 1278.75 'D. 24" CHIP tin feet 0.00 too 0 0 Ono 0 0.00 0 E. 27- CMIP� tin feet 0.00 too 0 0 0.00 0 43 28.25 1214.73 100 1214.75 F. 30- CHIP, .lin feet 0.00 too 0 0 0.00 0 102 29.46 299E.80 100 2998.8 G. 66- CM Alin feet 0.00 too 0 0 0.00 0 0.00 0 H. 48" C!,1P tin feet 70 35.00 2450.00 100 .2450 0 0.00 0 Ono 0 .1. 4.Qj R2_.. tin feet 120 .59.20 7104.00 100 7104 0 0.00 0 -9-0-0 n J. 2" PVC.& TOE DRAIN lump sun 1 4824.00 6824.00 100 6824 0 0.00 0 0.00 0 K; RIP RAP ton 249 35.00 8715.00 50 4357.5 I 0 ono 0 43. 35.00 1573M 0 0 ENDVALLS each 1 7066.00 7066.00 100 7066 0 0.00 0 Om 0 M. DRAIN INLETS each 4 1433.00 5732.00 so 2966 0 0.00 0 I Om 0 21 CUL DE S ACS- ADDL COST kmip sum 3 4.163.00 12489.00 50 6244.5*..:. 0 0.00 0 Ono 0 22 TRDO0CK-F ENCOUNTERED fin feet 1930 13.50 26053.00 20 5211 0 33.0 10.00 3500JO0 50 1750 1662 IODO 16620M 25 4155 .5 AOBILIZATION kmv virn 1 10000.00 10000.00 100 10000 0 !1 5000n0 5000,00 .100 50001 om 0 24 COVIMERCIALENTRANCES each 0.00 0 1 0 5 1064.00 5320.010 25 1330 Om 25 STCPI.J�M-:-�' um sum 0.00 0 0 0.00 0 0.03 0. attt 4ttttt 0 0 4 0*4 tttttNatt Ytt g4i*tint**** as* as W 400!0.1 a a *a *now situ *got 0 0 9 0 0 0 soli a usttt41 Its 0 a Ns a one a "04*8800106080 '. **No ***us$ PROJECT TOTALS-*w""tal PROJECT TOTALS-aoctnulat#d 776165.10 436564.75 25303.00 6325.75 126063.73 75666.50 355753M 176446M 776165• .10 436564J5 801468jo 442M.5 927533.85 518557 1283287.15 695003.375 NOTES; THIS ESTIMATE USES pERRy ENGINEERING BID UNITS AND OUANPITIES NET BOND AMOUNT 1 (16 588M.775 SECTIONS DE&F QUAK, ARE BEST ONLY SINCE FIN ACKANS %: "IT C61i, _CTED r KUNIiON A 40NNSTON ATTMMMttM AT LAW WIMMMMMTM MUM # 3 4 4 * cf Sa{ysiac�oa ttificate REGENCY LAKE ASSOCIATES Fcx*� �A / TO: DEED OF DEDICATION Book COUNTY OF FREDERICK CO., VA$9t THII,S�rDEED OF DEDICATION (REGENCY HEIGHTS), made and dated this Sf ' day of ��orx. , 1986, by and between Regency Lake Associates, a Virginia partnership, party of the first part, hereinafter called the Grantor; THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee; and The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia, party of the third part, hereinafter called The Apple Cart. WHEREAS, the Grantor is the owner in fee simple of a certain tracts or parcels of land situate in Stonewall Magisterial District of Frederick County, Virginia, to -wits All of those three (3) parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, located in Stonewall Magisterial District of.Frederick County,` Virginia, lying and being situate on the.North side of Route 7 just East of Winchester, Virginia and more particularly described as. Parcels A and C and as Regency Heights on the plats prepared by Gilbert W. Clifford and Associates attached'' hereto and by this reference made a part hereof, and being a portion of the properties conveyed to the Grantor herein by deeds from (1) Kinross -Farm, et al, dated December 20, 1985 and recorded in the Clerk's Office'of the Circuit -Court of Frederick County, Virginia in Deed Book 608, at Page 580; (2) George W. Baker, Jr., Personal Representative, et al, dated December 18, 1985 ana recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 568; and (3) Frances E. Hulver dated' December 19, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608,"At Page1558= as well as a right of way from.',,..,', The Apple'Cart,'a Virginia partnership, et al, dated • I, II I DK637P0202 December 27, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at -Page 5621 and, WHEREAS, Parcel AA (see Appendix AA) and a portion of Parcel A is owned by The Apple Cart, subject to a right of way to the Grantor herein, and The Apple Cart desires to join in the dedication of Parcel Al and, WHEREAS, the Grantor now desires to subdivide a portion of said land into lots to be known as Regency Heights and to evidence that the subdivision, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desire of the undersigned owners and that the said Grantor does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of Frederick County, Virginia and further to dedicate certain roads, to the County of Frederick, Virginia. NOW, THEREFORE TI•IIS DEED OF DEDICATION WITNESSETHt A. That for and in consideration of valuable consideration, including the benefits which will accrue by reason of this dedication, the Grantor does hereby subdivide the land designated as Regency eights, located North side of Route 7 in Stonewall Magisterial District of Frederick County, Virginia as more particularly described by the aforesaid referenced plats, and does hereby dedicate to the Grantee Parcel A, Parcel C and that portion of said Regency Heights subdivision land, designated for a road, a drive or a place, even though the same may be referred to as a right of way, all as more particularly described on the aforementioned attached plats, and does hereby create a public right of passage over HARRISON A JOHNSTON �I same. A"CRNCTS AT Ur �INCN[STIR. TINS1NIA B. The Apple Cart joins in this instrument for the sole purpose of and does 4ereby dedicate and convey to the Grantee 2 - HARRISON i JOHNSTON A"GIR t AT LAW NINNNtN?p. WINNINIA DK637PG203 all its title to and interest in Parcel A and Parcel AA. C. All the lots, as shown on the plat attached hereto, shall be subject to the following restrictions, which are covenants real and running with the land and shall be binding on all subsequent owners of the said lots, and each deed, by recitation or by reference, shall contain these restrictions: 1. All lots shall be used for single family residential purposes only. No detached garage shall be permitted on any lot. Any utility or other out building on any lot shall be of the same material and construction as the main structure on such lot. 2. No signs or advertising of.any nature shall be erected or maintained on any lot except for sale or rental signs for said lot which signs shall not exceed five (5) square feet in area. 3. No boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles,, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 4. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except that dogs, cats and•other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 5., No fence or hedge shall be constructed or planted in the front nor along the side (not applicable to corner lots) of any residence nor within twenty-five (25) feet of any street. - 3 - _.. _ . 41, ............... .._. _ i t HARRISON f JOHNSTON ATTONN[TN AT Ur tINCM(filR. YINNINIA IK637Fs204 Rear fencing and hedges shall not exceed six (6) feet in height. All fencing,shall be of wood construction. 6. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 8. In the event a dwelling unit is damaged, or has materially deteriorated, the ,owner of the unit shall immediately repair the damage or deterioration. 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup. 10. No exterior clothes lines, or hanging device, shall be permitted on any lot, except for an umbrella type with a diameter not to exceed seven (7) feet, provided, however, that the same may only be used in theNrear of any building constructed on said lot and the clothes line is stored within a utility building or the equivalent when the clothes line is not in use. 11. Every owner shall provide his lot with off-street parking space of at least 450 square feet, which may include all area in any driveway located on the lot itself, to be used by the inhabitants of the dwelling house located on said lot. .1. Parking on the street shall be prohibited and it'is the intent of this restriction that parking space for at least two . i .4 - HARRISON A JOHNSTON ATTOONLTO AT LAW li T/INONtOT94. VIOOINIA eK637PG205 (vehicles be provided. 12. There shall be no planting, structure, fences, shrubbery, or other obstruction to obstruct vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five (25) feet of the intersection of any street lines. 13. All split,foyer dwelling houses shall have 600 square feet of living space on each floor, excluding carports, garages, and basements, and rancher .style dwelling houses, shall have 900 square feet of living space on each floor. 14. All dwelling houses constructed, if said dwelling house has a chimney, and the chimney is flued on the outside of the dwelling house, then all such flues shall be entirely faced with brick or with the same material that is used on the outside of that dwelling house. 15. All lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements of the Frederick County Subdivision and Zoning Ordinances. 16. All of the covenants and restrictions herein shall remain it full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Regency Heights shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 17. The Grantor reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these i • 5 M NANKINON & JOHNSTON ATTOOMtTO AT tAM WINON[{Tp. YUOINIA 91637FG206 provisions upon any other lots. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a,waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 19. The covenants and restrictions herein contained shall not impose any restraint on any land now owned or hereafter acquired by Regency Lake Associates, a Virginia.partnership, other than the subdivided lots shown on 'the attached plats as the Regency Heights Subdivision lots. D. The Grantor reserves for itself and its assigns an easement ten (10) feet wide, along all property lines of each lot for the purpose of installing any utilities including, but not limited to, electrical lines, telephone lines, water and sewer lines and television cable lines. E. "Open Space AN, "Open Space B" and "Open Space C" as noted on Page 21 of Appendix B attached hereto shall be conveyed to the Regency -Heights Property Owners Association, Inc. (hereinafter called "The Association"). All rules and regulations for the use of theses three areas shall be set by The Association. The Association shall be operated by the following By-laws: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot shown on the attached plat shall be a me6ber 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 - 6 HARRISON A JONNITON ATTO409T@ AT LAW WINGNUTte. TI/{IMIA IK637PG207 obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and continuing qualification for membership. (2) Each member shall have one (1) vote for each such lot owned by that member. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in Regency Heights. (3) Each member shall have a right and easement of enjoyment in and to the "Open Spaces" as shown on the attached plats and such right and easement shall be appurtenant to and pass with the title to each lot, subject, however, to the conditions and restrictions placed thereon by The Association or hereby. Furthermore, each lot owner's right to use the "Open Spaces" is conditioned upon his payment of the annual assessments noted below and his compliance with the rules and . regulations of The Association. (4) The members of The Association shall hold their annual meeting on the.first Saturday in April of each year, at which meeting the members shall elect the Board of Directors of The Association, which Board shall initially consist of three (3) members, all of whom must be lot owners. The number of Directors on the Board and the date of the annual meeting may be changed by'the membership at their annual meeting. At this annual meeting, The Association shall also designate one of the Directors to be the President and the other a Secretary - Treasurer. The vote of the members shall be by majority vote of those present or represented at the meeting by proxy. The President shall have the authority to call special meetings of The Association for any purpose by giving at least ten (10) days written notice ipailed to the last known address of each member. ' - 7 - HARRISON R JOHNSTON ATTORM[TR AT UM WIMCOCITte. YIRRIMIA 1K631PG208 (5) The Association, if authorized by members holding two-thirds of the members' votes, may dedicate or convey to any utility or public entity any of the Association's real estate. (6) An annual assessment, beginning in 1987, shall be made by The Association for the purpose of maintaining, im- proving and perpetuating the "Open Spaces" and the recreational facilities thereon and of maintaining street light service to the subdivision. Expenses of maintenance, improvement and perpetuation shall include, but not be limited to, the payment of .real estate taxes, insurance, repair and replacement of facilities, legal and accounting expenses and other expenses necessary to operate The Association. The annual assessment shall be owned by the owner of record of each lot as of January 1 of the year of the assessment. The annual assessment for 1987 shall be Fifty Dollars ($50.00) per lot and shall be payable on or before the first day of June, 1987. The amount of each subsequent annual assessment and the time at which it shall be payable shall be determined by The Association at its annual meeting.. The amount of the annual assessment shall be set at an amount intended to accomplish the purposes noted above, including the-creation.of a reserve for anticipated expenditures and emergencies. The Association shall notify each lot owner in writing at least thirty (30) days prior to the assessment being due. Failure to pay an assessment within thirty (30) days after the mailing of the notice shall result in the incurring of. interest by the lot owner of twelve per centum (12%), per annum, with the lot owner being subject to the cost of collection, including reasonable attorney's fees, in the event the lot owner,fails to make timely payments. All written notices of assessments shall be to the last address 1 qiven in writing to the Treasurer of the lot owner. he owner of each lot in the subdivision, by :)f a'deed thereto, is deemed to covenant and agree - 8 - BK637PG2O9 to pay to The Association the annual assessment described above. In addition to being a personal obligation of the lot owners, the annual assessment shall be a charge and lien against the respective lots subdivided herein, but the lien shall be inferior and subordinate to the line of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, encumbering one or more of the lots subdivided herein, unless record notice .to the contrary is given prior to the recordation of such deed of trust. If the owner of any lot is in default in the payment of any assessments, in addition to any other means of collection, The Association may bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertisement once a week for two (2) successive weeks, in a newspaper having general distribution in this County, and after thirty (30) days written notice mailed to the last known address of said owner. Cost of the sale shall be paid from the proceeds of sale before payment of the amount involved. No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the "Open Spaces" or the abandonment of his lot. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia partnership ,i . � _) :net- _ SEAL) HARRISON A JOHNSTON AT18411ITS AT ut WIWNCITtN. VINGINIA 1 :tt HARRISON t JOHNSTON 4. 11TTONN[T/ AT LAW t4 tINCN[RT[R. TIR/IN111 i 7 f t j . 1 BK637PG210 THE APPLE CART, a partnership created under the Aaws of the Co opweal h,6f Virgini x x xxxc (SEAL) Partner STATE OF VIRGINIA, ABy ar ner (SEAL) �_ OF _�: �iaGs.� , To -wit: The foregoing instrument was acknowledged before me this day of d2,I�J , 1986, by A/So/J &. 5fi:'i , as partner of Regency Lake Associates, a Virginia partnership. My commission expires S ATE G OF I14_1olTo-wit: O he foregoin instrument was acknowledged before me this a 'u� day of , 1986, by as partner of Regency Lake Associates,, a Vi ginia partnership. My commission expires AIr tary Public STATE OF . I 1 , o� - •Q aA- 0c OF L c� c (4_ tc ,. , To -wit t The foregoing instrument was acknowledged before me this 4_J day of i F ��(���i��/ 1986, by as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. - 10 HARRISON • JOHN{TON ATTOAM[TS AT ►At •ININSIT91. WNOINNI BK637FG2 My commission expires (��=.r� t�C� I I rl e-1 c, &J(tt e- kf,%L U I it n Notary Public STATE OF L, OF �i�i,uc . (a_��. • To -wits The foregoing instrument was acknowledged before me this (= day of we �%k Cam% , 1986, by th�(I 11, v, )Nn (, 1,•� • as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. My commission expires-i)CtN��t.�.. f' 10Cl c� Notary Public �r. ll - 4 1 1 BK637PG212 4.. -w- SHA DED AREA FOR DEO/GAT/O/V AS EA SEMEN T �RC- • RE/%L9/NOE°Q OF RE6ENC i L A/CE ASSMC/ATES lO P I y 6 / y 7 / 2 .1 8 ¢ 3 v 34'•Pf0°S3"� � 'ROPOSE� OAM T02: S76'02'47'E- .31.70' %/3e,rO 4 : N 76'0247"AV 40.68' S' TO 6 : S SS'/9'07 E 40.00' 7 TO 8 : S 88°S3'10'E — 60.00' ARC s 328. //' e ARC' /24.521' R EMA/NOES OF XE6'ENCY LAKE ASSOC/ATES 60' l— PARCEL •i9 •` 2.8082 Ae. 4 1 /V 48° OB'23 "E . O9' 60.0o' N 4/•6/'37"W, 60.00, 1; , 11I 3 P. DUANE LJ' 13 f V BROWN NO. 1285 , YI �• . QND 303a� REFERENCES! DEED BOOK 608 PAGES 0 a 558, 51621 5,68, F71 sag. , . 0 I R..N. C.ti"r�RIERr JR. /4 c A ltR 'PLAT TO ACCOMPANY EASEMENT AGREEMEN pv � BETWEEN AS ENCY LAKE AssoClATed �• oivntr`� AND Ms �S7AXE 1 1 ti d W 5 VIRGINIA DEFT. OF HIGHWAY,f � TRANSPORTATION STONEWALL' OMAG/STER/AG !/STR/CT / Ir•'.ti' FRODER/CK C0vNTY, ✓/RG/N/A AUGUST 14, 1986 SCALE: I "=200' 0 O Rcvisa4 Sept 3, 1986 _ Q1lbert w c11f� aaeocl"em, lac. .s'I� *j APPENDIX A aMWwaalla — uwo rLANOW s sullvaY0la OUTS. ;wc 01M O.wwwKh Dew 2a awls (1631 Nwl STATE r..°.no�wwa. vayllr aw, pW1 aw 2116 WY1p ••w. YIgIM. tif01 p071 Mr•a17a ivu /f A r IK63TPG213 ++cl :y 1 38 So. FT. • r^ �60' �y PAR= M O' -�_ �..�,�.�.� 7-erg., , iI tl« •7 T Sr re Roast 7 rRF - o�vorEs iRav Roo Fowvv 1 • o����LTt��oz,yf P. DUANE IROVIN NO.1285 LAND 50 FLAT S//Oir'/NG 38 SQUARE FEET OF LAND sTANRING /N T//f NAP/f Of ' ALFREO L. SNAPP SR: -& ALFREO L:'SNAPP c1W 1; 1 • LOl'ATfn'/N •• r1 J NEAVALI 194SISMIAL VISMICe , pEj�j�C m 4 FREOER/LX avarY, vlvrlvlA 1 acrwER /s /.gmtr SC.Alf silb�rt alltt AWN, Im [wown� r rw•r o w �o iwal�r q M" VMS"% WYwbMM. www � Pa ia�,� � 8K682rc222 THIS AMENDMENT TO THE DEED OF DEDICATION (REGENCY HEIGHTS), made this � day of May, 1988, by Regency Lake Associates, a Virginia partnership, hereinafter called Regency. WHEREAS, Regency executed and recorded a Deed of Dedication in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 637, at Page 201, wherein it listed the names of the streets in Regency Heights Subdivision; and, WHEREAS, the names of these streets have all been changed; and, WHEREAS, Regency desires to place of record the revised names of the streets. . NOW, THEREFORE, WITNESSETH: Regency does hereby change the name of all streets shown on the plat of Regency Heights Subdivision in the hereinabove referenced Deed of Dedication as follows: OLD NAME Estate Drive Lakeway Drive Marie Place Ann Place Jann Place Ross Place NEW NAME Lake Wisdom Drive Lake Sever Drive • Geneva Place Winnepeg Place Great Pond Way Chelan Place Below is a sketch of a plat of the Subdivision with the new names. HARRISON R JOHNSTON ATTORM(T■ AT uR 014cate T[R. 141261R1. er,E82PG22►E By (SEAL) Partner STATE OF , AT LARGE,' OF To -wit: The foregoing instrument was acknowledged before me this t day of 1988, by as Partner of Regency Lake Associates, a Virginia. �aft drsh.ip. My commission expires I, Id �;• 7••. (SEAL) ' "• ` • Notary Pub i STATE OF , It ; �1; �1 , AT LARGE, OF To -wit: The foregoing instrument was acknowledged before me this day of fY1;►u , 1988, by as Partner of Regency Lake Associates, a Virginia partnership. My commission expires (SEAL) Notary Public VIRGINIA: FREDERICK COUNTY, SCT. This instrument ''off/ wry ing was produced to me� opi the of `- 190 a at_�_'(��__`�rd with cartifi to of acknewledgmeiit thereto annexed was admitted to record. CLERK NARRIROM S •ONM/TON ATT9189TS AT LAW .#.e094T92. VIRGINIA - 3 - K"llsoll s JOHNSTON (I ATTodofTs AT LAB 4ma"96191L •MSMM BK682i'G223 ... 1 4 i 's it7�� i LA. ..., WITNESS the following signatures and seals: Y LAKE ASSOC TES, a Vir •nia part r ip By (SEAL) it n e - P";"Aw— - FINAL PLAT BK 6 3 7 PG 2-14 AEGEnCY HEIGHTS STONEWALL DISTRICT FREDERICK COUNTY. VIRGINIA � L � O. � ". ..mot / �� y �r„ t t ,y�• k J ' 1 / �'^'• ♦ ♦ ' ,� rr f C� • IH` `r ♦ 1 r•`,,, r :�.,'6� • �,�.n,,� f Asc.e.• VICINITY ,zoo ': .,, . �' :�/� •.`• ii APPRO)v Frederick County Sanitation Authority Data Planning Commission Date Subdivision Administrator "v 1k.14,07 Va. Dept. of Highways / Date ��-2y-RlD OWNER'S CERTIFICATE The above and.foregoing subdivision of the land of REGENCY LAKE ASSOCIATES as the accomp ng plats.is with the•consent and in accordance with the desires o the unde lzfted,owne rop.rietors, and trustees, if any. All streets as ho)& herein are hereby dedicated to the public use. All property owners in REGENCY UEIGHTS are required to belong to the REGENCY HEIGHTS Home Owners Association. The Association is the owner of all.areas shown as open space on the attached plat and is rbsponsible for the m4in�enance of those areas. All property owners must pay an annual assessment to pay for this mainten- ance. This fee and all other rules of the Association are set forth in the Restric tions and Covenants attached hereto. A copy of the Final Master Development Plan for Regency Lakes Estates is on file at the Frederick County Department of Planning and Development. SURVEYOR IS CERTIFICATE I hereby certify that the'land contained in this subdivision is a portion of the land conveyed to Regency Lake Associates by deed dated December 18, 1985, said iced recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 608 at ,page 568. �LT1j �►_ p P.-Duane Brown, C.L.S. COVER SHEET P..DUANE G'r DATE: MARCH, 26, 1986 v '0 BROWN SHEET NO. 1285, clunrt W. dit[ a"M Inc. I OF CFO V�, mIODR91 � LAM s"•""`"� 21 Q ND 6 'r.w�. owe M, v�.°na� na nuin� wr•ewr, „s«w a�•.� a.� f Ib A.: NO. o RADIUS ARC TAN. CHORD CH. BEARING 1 09'04'06" 405.001 64.10' 32.121 64.03' S71'30'44"E -2 18°27'42" 2,000.001 644.43' 325.03' 641.65' S57044'50"E .3 5r 02'26" 375.000 360.24' 195.38' 346.55' N5W 32'32"E 4 35' 39' 18" 375.00" 233.36' 120.60' 229.61' S84' 06' 36"E 5 5d'02'28" 200.00' 174.68' 93.35' 269.18' S41'15'43"E 6 37043'02" 200.00' 131.66' 68.31' 129.29' S02'37'02"W 7 55'58'48" 220.00' 214.95' 116.93' 206.50' SO4'16'21"E 8 09°04'06" , 380.00' 60.14' 30.13' 60.08' S71'30'44"E 9 00'51,001, 1,975.00' 29.30' 14,65' 29.30' S66'33'11"E 10 02021'46" 1,975.00' 61.45' 81.44' S64'W48"E - 11 02021461' 1,975.00' 61.45' .40.73' 40,73' $1.44' S62'35'02"E 12 02*21:46" 1,975.00' 81.45' 40.73'. 81.44' S60'13'16"E 13 02'21'46" 1,975.00' 8k.45' 40.73' 81.44' S57051'30"E 14 of 21'46" 1,975.00' $1.45' 40.73' 81.44' S55'29'44"E 15 Of 21146" 1,975.00' 81.45' 40.73' 81.44' S5r 07'58"E 16 Of 48'47" 1,975.00' 62.49' 31.25' 62.49' S510-02'42"E 17 4V 00'21" 25.00' .21.38' 11.39' 20.74' S25'38'08"E .. 18 8r 54'32". 50.00, 71.48' 43.39' 65.55' S4f 05'13"E 19 68'13'00" 50.00' . 59.53'• 33..86' 56.08' N62'51101"E 20 44036'30" 50.00" 38.93' 20.51' ;'37.95' NOV 26'16"E 21 8r 38'08" 50.00, 71.24'` 43.19'. 65.37' N53'41'03"W 22 47'24'13" 25.00' 20.68' 20.10' N7348'00'V 23 '' Of 42'25" 2,025.00' , 60.33' •10.98' 30.171 60.33' _ N50`57'06"W 24 Of 13'32" 2,025..00' 78.66' 39.$3' '78.65' N52" W05"W 25 02°13'32" 2,025.00' 78.60 39.33' 78.65' N55008'37"W 26 02'13'32" 2,025.00' 78.66' 39.33' 78.65' N57022'09"W 27 Of 13'32" 20023.00' 78.66' 39.33' 78.65' N59435'41"W 28 Or 13'32" 2,025.00' 78.66' 39.33' 78.65' N61'49'13'W 29 Of 30'51",, 2,,025.00' 93.57' 46.79' 93.56' N64'15'24"W ` 30 88'36'09" 25.00' 38.66' 14.40' 34.92' N21`16'45"W 31 05*24100" 350.00' 32.99' 16.5.1' 32..98' N25'43'19"E 32 18'28'37" 350,00' 112.87' 56.93' 112.38' N37'39'38"E 33 22.18149" 350.00" 136.31' 69.03' 135.45' N58.03'21"E 34 98051,001, 25.00' 43.13' 29.19' 37.98' S61'21'45"E 35 48'11'23" 25.00'• 21.03' 11.18' 20.41' S12'09'26"W 36 4e 11'23" 50.00, 42.05',, 22.360 40.82' 812'09126"W 37 6r 49142" 50.00' 54.83' 30.54' 52.12' SW 21'06"8 38 5434'29" •- 50.00, 47.63' 25.79' 45.85' N77'56149"E 39 6r 35149" 50,00' 54.63' 30.40' 51.95' Nl9'21'40"E 40 4e 11' 23'! 50.00' 42.05' 22.36' 40.82' N36' 01' 56"W . 41 48'11'23" 25,00' 21.03' 11.18' 20.41' N36'-01156"W 42 9e 51'00", 25,00' 43.13' 29.19' 37.98' N37.29115"8 o����LTHo�y� AEGERCY HEIGHTS �i• P. DUANE ��'{� DATE= MARCH 26 1986 CURVE DATA ur�•aD 8��4...,,, SHEET N0. 1285 � /-4! s� .K eilu !aa 2 OF "lull a r��ANOo�i`�""�` 21 CgND »cow. tt...■.a0 o.t.. „.«.w w..... w..� iwana wur. W,W ifNt 1 ) �NQtt/ wwiwu .1tif�+. awt Mtl wr t+s IL BK631PG216 • CURVE TABLE % .a 4 » N0. ... RADIOS. , ARC TAti. CHORD CM. BEARING 43• 23'20130" 350.001 142.591 72.301 •141.600 88192510111E 44 030'27249" 350.00!. 21.161 10.581 21.15' S68' 00'51!'E 45 90000,001, 25.00' 39.27' 24.00' •35.361 $21016157"E 4.6- 09023'13"' 245.001 40.141 20.111 40.091 S19801'27"W 47 20'20'57" 245.00' 87.01' 43.97' $6.56' $00 09'22"W 48 1W 26'30" 245.001 4465' 22.39' 44.59' SlI!14'22'!E 49 62.49'11" 25.00' 27:41i: 15.27' 26.061 S14'56'59"W 50 40035'54" 50.00' 35.43' 18.491 34.69' S26.03'38"W 51 48.37'53" 50.00' 42.44' 22.59' 41.18' S18.33'15"E 52 48.37'53" 50.00' 42.44' 22.59' 41.18' S67'11'08"E 53 48037'53" 50.00' 42.44' 22.59' 41.18' N64'10'58"E 54 48.37'53" 50.00' 42.441 22.59' 41.18' N15033'05"E 55 23'29'54" 50.00' 20.51' 10.40' 20.36' N20'30'48"W 56 26'14'38" 195.001 89.32' 45.46' 88.54' N19.08'26"W 57 29'44'10" 195.001 101.20' 51.77' 100.07' N08'50'58"E 58 90'00'00" 25.001 39.27' 25.001 35.36' N68.43'03"E 59 16050'16" 175.00' 51.43' 25.901 51.24' S57.51'49"E 60 33'12'12" 175.00' 101.411 52.18' 100.009 S32°50'35"E 61 33'31',IQ" 175.001 102.38' 52.70' 100.93' S00.31'06"W 62 04'11'52" '' 175.00' 12.82' 6.411 12.82' S19'22'37"W ' 63 48'11'23" 25.00' 21.03' 11.18' 20.411 S45'34114"W 64 41038'54" 50.00' 36.35', 19.02' 35.55' S48050'29"W 65 49'21'22" 50.00' 43.07' 22.97' 41.75' S03'20121"W 66 47'11'07" 50.00' 41.18' 21.841 40.02' S44'5554"E 67 72'18'52" 50.00' > 63.11' 36.541 59.00' We 19'07"E' 68 65'52'31" 50.00' 57.491 32.391 54.37' N06.13'26"E 69 48'11'23" 25.00' 21.03' 11.181 20.41' NO2'37'08"W 70 13033'22" ' 225.001 53.23' 26.741 53.11' N14.41'52"E 71 12'37'27"' 225.00' 49.58' 24.89' 49.47' NO1.36'27"E 72 78027'47" 25.00' 34.24' '20.411 31.62' N34'31'37"E - 73 48°11'23" 25.00' 21.03' 11.181 20.41' S82'08'48"E 74 24'02'05" 50.00' 20.97' 10.641 20.82' S70004109"E 75 47.11'06" 50.00' 41.•181 21.841 40.021 N74.19'16"E 76 47'11'06" 50.00' 41.181 21.84' 40.02' 07'08'10"E 77 41013144" 50.00' 35.98' 18.811 35.21' N;7604115"W 78 47'11'06" 50.00' 41.181 21.84' 40.02' N61016'40"W 79 47'11'06"• 50.00' 41.18' �21.84' 40.02' S71'32'14"W 80 22'22'33" 50.001 , 19:53'., 9.89' 19.401 S3645!24"W 81 48'11'23" 25.00" 21.03' 11.181 ''20.41' 'SW 39149"W 82 78027'47" 25.00' 34.241 20.41' 31.62'. 1;67'00'36"W 83 12'37'27" 225.00' 49.57' .'24:891 49.47' N34.05'26"W 84 % . 17•* 2020 . 225.00' • 69.361 34.441 68.09' N49' 06' 21!'W REGEIICY''HEIGHTS 0 03• , P. DUANE ��� DATE= MARCH. 269 1986 CURVE DATA U>4 BRO�d...�.�' SHEET NO. 1285 g• filbert W. ditt lwte�. Inc. 3 � OF 21 �FG LAND Svc i�.«1.01►di 0i v"�`".i wi rs1 Han ^ vevu`a"o°^ ���..w. zwo e�...«r n w•. BK637N-217 CURVE TA_ N0. 0 RADIUS ARC TAN. CHORD CH. BEARING 85 08028'24" 225.00' 33.27' 16.67' 33.24' N62002'45"W 86 09'09'28" 400.00' 63.93' 32.04' 63.87' N70051'41"W 87 10*24'14" 400.'00' 72.63' 36.42' 72.53' N80'38'32"W 88 09020'13" 400.00' 65.18' 32.66' 65.11' S89029'14"W 89 83014'37" 25.00' 36.32' 22.21' 33.31' N53'33'34"W 90 48'11'23" 25.00' 21.03' `' 11.18' 20.41' N12009'26"E 91 38030'49" 50.00' 33.61' 17.47' 32.98' N16059'43"E 92 64001'16" 50.00' 55.87' 31.26' 53.01' .1;34'16'19"W 93 71018'36" 50.00' 62.23' 35.87' 58.29' S78003'45"W 94 64001'16" S0.00' 55.871• 31a26' 53.01' S10'23'49"W 95 38'30'49" 50.00" 33.60 '17.47' 32.98' S40052'13"E..• •• 96 48011'23" 25.00' 21.03' 11.18' 20.4l' S36101'56"E 97 83'14'37" 25.00' 36.32' 22.21' 33.21' S29'41'04"W . 98 09020'13" 400.00' 65.18' 32.f66' 65.11' S66'38'.1,6"W 99 IV 32'14" 400.00' 73.56' 36.89' 73.46' S56042'02"W 100 10*32114" 400.00' 73.56' 36.89' 73.46' SW 09'48"W 101 11043144" 400.00' 81.88' 41.09' 81.74' 835*01149"W 102 06008'38" 400.00' 42.89' 21.47' 42.87' S26005'38'V 103 83041128" 25.00' 36.52' 22.39' 33.36' S64'52'03"W 104 02' 45' 34" 430.00' 20.71' ,40.3,6' 20. 71' N74' 40' 00''W AREA SUMMARY ' Area in Lots 20.5344 Acres, ,. Area in R/W 4.3231 Acres Area in Open Space .% %0314' Acres Total Area Subdivided '33.8889 Acres Number of Lots 7Z' AvaraSe.Lot Size ,. 1A,423 Sq. it. o��ti�►LTNo�'�f AEGEnCY• HEIGHTS c� P. DUANE �' DATE: MARCH. 26, 1966 CURVE DATA BROW N0.1285 ' � ginort W. *lift S.ins. 5 3 ow o�....w" en..,.,.,,,., v.r••.'zaii' v� wrna. LAND L1t5 m BK637PG218 O�E�PM£ff......10000000000000*40000, t' t-20',I 13,685 sq.ft.. '� �• ' 10' SAN. SEWER- ESM'T 1 N I 12,844 sq. ft. �-- — — — — N — N 23032'19" Ems„_, tyl.9d _ ^ =O �- -- --- --� i _� I Iw 101 Wt. 13,250 sq.ftl OM zi I z .t N 26014'05 E W N 167 53'CL -- 0N 4 1 12,804 S%ft. I 412803dt'R1- r Ed Iov.VN r_ 12 • (Sa Shoot 6 of 21) AINAOE ESM'T. v rn H, 'N Min. Front Setback = '35" All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback u 25' Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. r �S&Lr ofi AEGEnCY HEIGHTS P. DUANE rx DATEI MARCH 26, 1986 SCALE. 1"= 50' c� � Vo �BROWN SHEET N� 1285, gilblert w el ur" ` esociatee. inc. 1> OF LAN0 6J ENOMEEIIYLTOA:L4~E OOS 21 ;5„C OMO vN— �.i,'"'iopwl Ewaln wNlon.wr. rNMIw taEOU i wi _ s i BK637PG219 1 (soo Sheet 0 of 21) 4 N 280351510' E _ 16Q00 0000 f^ I 12,704 sq. ft. L .. N 300s.T'37 E . 164.86� ��... 12,952 sq. ft M L � _ sa • • C 3 19 23" �3 /"" 1666�'� E ` b M� N Z 12,969 sq. ft. 41 22 U) ' f 14 R . • 1 O ' in •' N -41 p� •` J N wv� 8 Q 12,756 sq.ft. ' f W H � v (Soo shoot 7 of ?`, Min. Front Setback o 35All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setbacks 25' •. Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. AEGEIICY HEIGHTS oho P. DUANE �.'� DATE= MARCH 26, 1986 . SCALE: 1"=50' BRow BROW NO. Im fa rt i � Sao. LAND $ �..�•�""""`"n,w. �>•»nR.nu '� wrw4..r.•YMMw�Sow t 6 OF 21 SK63'7PG220 4 . (See shoot s.of 211 I 38002,33" 3 1 .� 0-9 o ►� �,• $1.9 -.2) = 12,261 sq. ff. 18 O � 17 Q CJ \.9` �t U N 1 0 i' r Q a ,10.624 sq/ft . N z U) Ic 1 a a) I �� O � 1 Z t. 0 N 90 69 19 21,262 sq. fro !2 t3 , 1 0. 40� e `J S 39,o9 % a��� N % F ^�//99' 0 ROBERT A. NASH E Min. Front Setbsok a 35' All Lots are Singh Family Detached Traditional. (unless otherwise specified) ` ' All Lots are subject to a 10' Slope & Drainage Min. Rear Setbacii a 25.' ... •. Easement along all Rights -of -Way and a 10' Min. Side Setback 10' Utility'Easement along all Property Lines. �NLTJ1 HEGEIICY HEIGHTS P. DUANE .� DATE. MARCH 26, 1686 SCALE.' I"=50! BROWN SHEET NO. 1285, 4 CUbert w clltt 1"68, Inc. 7 OF "i�c•� SJQ�`� uwwu S — L O rooms 2 ) L4N0 'naO10i"..'Vk0nW' Q1 170310N4tt/ ww�.w..vlrriN t osaw%-mel�J1"n 25 (Sea Shaf 9 of 21) • ; �� y' 33°38' M 9.31 1 1 � 24 15 a' j ' 10,640 sq. ft. �20' ORAINAO • 0 \ \; ;Z ; •� ESMT 1 3 14 22 ( 119066 sq. ft. f [ 1- / 21 Id SAN. SEWER ESM'T. / 13 .' 14,189 Sq. ft. 19 I 1 0 IN tX C � 1 N' M � 12 �'`•.� ` •`'ao C I a (L oTiJ W - 26,444 sq. ft. I ca Min. Front Setbacks 35' (unless otherwise specified) 20' DRAINAGE Min. Rear Setback ■ 25' ESM'T. o h Min. Side Setback is 10', S 39,, 1 All Lots are Single Family Detached- Traditional.. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way' bnd a 10' , N / F Utility Easement along all Property Lines. ROBERT A. NASH o��i AEGEII�SLE-CY HEIGHTS P. DUANE terDATE: MARCH 26, 19861"=50, �. BROWN •.••- SHEET NO. 1235 ,Q �+� (v4 tilbost wG olltt wd1. !aa 8 OF LAND S � eowoww.wea. • � f.uwo.....+.Nyw Iw6eaww�vr,wa«� 21 ton ~Is wwrwr,-.977M. Jp.uMt•.D'!1 BK6 3 7PG2 2 2 -0000 >W o mQ U,0) (See Shoot 10 911120 2 c% 41• 21 L�-145.92'- - N 2f"00-4r0-1W—E- 19 11,490 sq.ft. I ro I L -J F- -7 18 10,865 sq.ft. rol N 310 to '74 _J J1 a 11 J 17 10,517 sq. ft W CY 16 W- 10,442 sq. ft. Ix 0 12.9.3,' (see shoot a of 21) Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback 25- Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. Urn REGEnCY HEIGHTS P. DUANE DATE: MARCH 26, 1986 SCALE: I"= 5d BROWN SHEET NO. 11285 cilben w. cliti Wes. Inr- 9 OF CFO LAND S 21 156-C owe 0106"kh Od" ttrwt P kMWI, VkIW" 234al 17031896-2111 Vbfz C-1, BK637PG223 OPMgN � •.�\ . � DgV ~ \ \\ UT ARE � EL �7�3.77, :�'��• ..;\•. ,�\~�� ;.��;•.� �, 20 DRAINAGE OPEN SPAr^,C" j�L\•�i, : ^�-;.: >,:•;';;(S e:She ;t. of 21) 10 SAN. SEWER• ""`'"' :;••I r20_ ESMT N 23001'19" E-228�/(}'`. 83.7o — 70.0o' I:. � 7&00 10 22 _ 23 f' 24 too.Ia #�9�000sq8,818 V.fL m l8,400sq.ft. ft$ % __ .L-J 10' �tr• �*�•— 43.T6' �T0.00' T5.00 N 23001' 19" E—260.00'_ . • LAKEWAY DRIVE (50' R/W) r2o � 101I571 sq. ft. I I L_ — 19 (See Sheof.9 of 21) 1 , 0� SAN. SEWER' ESM'T I8,502 sq.fl � sC —5,g g5, OPEN-z$.PAC E V E .: ti (see Wit 21 of 21) _ sir;e•_ Min. Front Setback a 35' 1 All Lots are Single Family Detached- Traditional. (unless otherwise specified) All lots are subject to a 10' Slope & DrainageA. Min, Rear Setbacks 25' ' • 1 • Easement along all Rights -of -Way and a 10' Min. Side Setback 10' Utility Easement along all Property Lines. AEGEI]CY HEIGHTS P. DUANE '. DATE= MARCH 26, 1986 SCALE: 1--50, � BROWN 1 SHEET sUbast w. cliK d"10, Inc. 10 ����i'p ,�'►°� . wowelu _ wro .. OF LAND $� Iwo ow. ow. os.. WIIYLYO » sww er...w n..l 21 IMMkM�,VM�YWl�NI 1>wl»WI» .wwr.wnvrMn.sawInmsans 1 ..... .. eic637PG224 ' OPEN SPACE "C" (See Sheet 21 of 21) N 34021'17" E �. 95.977ol IV°094ON E 25910,881 sq..� 10�49o�sq_�� .it . /M�, 'o/ �/ CD. 2-7N10,490 sq. ft. /3 2d DRAINAGE ES ESMT.•�;sr• o — 99 LgKEw�4Y 0 Q © (S0o Ri p 33 W �I Z op" 72CO . cv N 11,365 s%ft. 71 \ r; I / ti r 12,401 sq. ft. u'Be N ° �0. tD 34°21'IT" i 70, y � , 43.01' � 0 y< 9,05i sq. ft. �. , a z�/ v W ~ Qp)35 ° !� e` o 0 vp�' �9s (See Sheet 20 of 21) CD1 e ©!e� 3 ��V hoe Min. Front Setback a 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope do Drainage i� Min. Rear Setback = 25' .. , . Easement along all Rights -of -Way and a 10' 1 Min. Side Setback ■ 10' Utility Easement along all Property Lines. SNLTII AEGEncY HEIGHTS P. DUANE �'.+ DATE= MARCH, 26, 1986 SCALE: I 5d BROWN SHEET t? NO.1285 I sates.lne- I1 Silbert W. � cliff OF �Fp AND SJ�y eNOINtt`U�VLAND o ePLAMM8 21 ,r*d*..OWN °. Do" o1 17WI M-2116 ww.en.a... vwww SSW* 1 11? i M;r3o Nip GK637PG225, aG .�1 ��s �4ot, QPG�` °�2 � �., ti `yes p�z ell / 30 \ �p- 14,585 sq. ft. 000, > o `\ • 29 ' 31 .. z Y2,926 sq. ft '\12,926 sq.ft. / 29' DRAINAGE ESM'T. 9D CT N N 28 1 a Lo 32 ° 129119 sq.ft �i „ 112,119 sq. ft. of 33 r�. • .p I ; W N N rn N �. i V V =a `y = Z 89 a 98 Q Be 9 1 rO � K�DRIVE (50 R/W) LAWAY (Sss 'Shstts 118 19 of 21) Min. Front Setback ■ 33' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback a 25' Easement along all Rights -of -Way and a 10' Min. Side Setback ■ 10' Utility Easement along all Property lines. 0- REGENY HETGHTS P. DUANE • ��'r DATE= " nn MARCH' 26, 1986 SCALE' 1 = 50 1 Vy:°d/KB ROWN NO.2828815 SHEET silbert w. cliff also. laa 12 OF 6_ s"a"IsK wivii"o°�i-mums _ 21 CAND �nMMUMN��17M1 IMIN1A111 WVAM0W.V6#@kW "% 1"3101.11� of Z,1 e as . 33 18,128 sq. ft. I ' � J IL `✓ 187.52 �, 1 34 •I e I , 16,035 sq. ft. I 3 _ 180.03 0� o I 35 I o CS I 14,402 sq, ft. °° II W L ti 3°43'23" E Q 180.03! 36 I b a I ( 14,402 sq, ft. I ,; L _ C 3041, 3„ ' � 1W . 180.03 in `0 (See Shut 14 of 21) N ZI 0 Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 25Easement along all Rights -of -Way and a 10*- Min. Side Setback = 10' •• ! . Utility Easement along all Property lines. sAUr'm � AEGEIICY HEIGHTS o`r P. DUANE G'� DATE= ' MARCH 26, 1986 SCALEI 1"=5d BROWN SHEET NO.1285. Silbert ' SilbertW.cliff � ��� Inc. (3 y� OF CFO LAND Svc �"01NWwera o%r 21 lsec ow. Groo"afthVkJ1ft on.. !! n"1 e.auwovea M9 InMnebawg• YYylnla t7.01 QW) gM111! MYdaNw. S]r01 31 Mt.Ttlr t � �j •a �� i BK637Pc227 0 ( Sao Shoot ��1++3 of 21) 3°43'03" E 180.03' / \ 37 W .14,402 S L se .0iN 2 v� 180.03 38 10 15,775 sq. ft. 184.so$ 10' SAN. SEWER ESM'T. A �o Asti \ 19,884 sq. ft.'41 1 �04 40\ /40\ 10,217 sq. ft v �s� 41 \� 101301 sq, ft. \ M % \Zs'00 5 e`'.,4 01 Z�l 78 1 Min. Front Setback s 35' All Lots are Single Family Detached- Traditional. . (unless otherwise specified) All Lots are subject to a 10' SloPe & Drainage Min. Rear Setback ■ 23' Easement along all Rights -of -Way and a 10' Min. Side Setback a 10' '•' •. Util0y Easement along all Property Lines. AEGEIICY HEIGHTS o r P. DUANE ��' DATE$ (MARCH 26, 1986 SCALE' 106= 50, BROWN .a v' 1 SHEET �� N0. 1285 cUb*,R w• cliff I At*14 in& 14 • OF to D 4� ,we 06" emm a �"0 "'w %vrmr r'"a'� 21 N rl.... -- Womb am milM."" ■ a i BK63TPG228 .. Z •, a o� Z W v 'Cho 4 i Q M �0920 �00 Di p I 42 s F i, o'.a E T4 10' UTILITY ' 1 U9657 sq.ft 75 7 gyp, s •�,\_ I o F 45 N 19,334 sq. ft. / ' '•':� ;:, ,! b 9,333 sq. ft. f; CO 16,682 sq. ft 390019Q� o 41, ROgFRr - 49`��6' a MgSH s � Q Min. Front Setback * 33' All lots are Single Family Detached- Traditional. (unless otherwise specified) All lots are subjeot to a 10' Slope & Drainage Min. Rear Setback = 23' Easement along all Rights -of -Way and a 10' Min. Side Setbacks 10' ' • + • Utility Easement along'ail Property Lines. AEGEIICY HEIGHTS o� P. DUANE �cr DATES MARCH 26, 1986 SCALE: 1"=5d u?�,DccBa °wW.N�B.O.».t , SHEET NO. 1285' p �. `libert W. cliff laws, Inc. 15 OF LAND SJ�J sae oa. o-.�.�. on- wowwsre oeiu►�� ,� wYw .-.. ..� 21 - rftdauk.wn. 09mle Me jm) M 4111 w�arir.i, lrr*ni aio1 ap�11-W `. s` r E • 1 SK637PG229 •• (See Shoot 19 of 21) . N %09.6at 00. \ 3,a 55 9,208 sq.1 1 59 ., p LJ N 40°3u"' r � 138.2T " 54 � lr 11,118,493 sq.ft. \ 53 r Is \8,340 sq. ft. y 5-2 H sip, '� •QN 3o�sa,,, Min. Front Setback 33' (unitss otherwise specified) Q %, © f*S s9e• Min. Rear Setback a 25' , s C Min. Side Setback s 10' R� Z�S�3� W 46 Z62a o<10,506 sq.ft t'i4 9 aa9 � oti O . .` r 47 13,T30 sq. ft. 9 48 �9,�.,5 `0 0 / 13,044 s ft. �p,N-'s� ``� it �,;,= onoq ` \� (Set Sheet IS of 21) iA Up Vf S 390094/ W-----//94.76 1 All lots are Single Family Detached- Traditional. . N/F • 1 All lots are subject to a 10' Slope,& Drainage ROBERT A. NASH Easement along all Rights -of -Way and a 10' Utility Easement along all Pro ert AEGE11 . HE,IGHTS P. DUANE �DAM MARCH 269 1986 SCALE: I"=50' 0 n BROWN • SHEET NO.1285 rilb.rt w, cult atilee, iaa 16 OF 21 LAND IwMMUMq. MM,NM iNel pqi NWfl1 MI•M•MN. trMw i7.01 piH NA�tU % Fi f' 'all�ti�ll �• e�{ + � del rr 53 5.9 g6.29 li°28�4675' Sr *ER� ' \�\ SAN ?; r N to' �sNt 5 2 g N 60.iz \ �e 51 ; m k� 9,720 sq.ft. rsl I 20' DRAINAGE ESM'T. N 6 O m I 5054Y�' 19,003 "sq. ft. � d ;W 0 66 s z1°Z8I3 w cn IW R/w� o ,r o zr.2� 68 f W . Q r 49 �\ e 68 i( 20,788 sq. ft. ozW o is Shg�i.t j6 o,n- I �10 O 211 �J?aI N a, fn ' soones N/F ROBERT A. NASH f Min. Front Setback 35' All lots are Single -Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage R Min. Rear Setback = 25' ,Easement along all Rights -of --Way and a 10' Min. Side Setback a 10' ''' Utility Easement along all Property lines. AEGEnCY HEIGHTS -V P. DUANE �� OATE= MARCH 26, 1986 SCALE: 1"= 50' i - O BROWN '- No�x4.�.w.� SHEET ` O , Gilbert w cliff e.teso Inc. 17 OF S � • � IANO v wawtun•—uwo� .� �wtruoe tto.e owe owe c*.;,- } n.a�.� v »at ref n�atu 44 8K637PG23 1 ' i —►Y', (Sec SIN. of 21)id \ i 34021'I7" \ r 7,T.99 ,��� ' •�3`'•�I{• ti• t •,•f `,• O' i',, •i 62 -00 �\\ 61 \ 15,223 sq. ft.': I10' SAN. SEWER \/ IV 4�°0749./ Qv y�J N 119,/0 5 20� DRAINAGE sa�4Q4. ., �y . co MMati o a60 N W \ I \ 55 /57 / a In in \ 11,849 sq. ft. 53 .00 40,835sq-W ryi 10< in j"10 D_ , \ ° f $�472 sq.ft. 0 \15,5* 52 sq.ft. 101..; ., In 0' I y , .: 10' SAN, SEWER 5: J t.j ESM T.wool _ N to vzz 5 0 • oe ghN1 11 el all lg Min. Front Setbacks 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified), , All Lots.are subject to a 10' Slope & Drainage Min. Rear Setbacks 25' Easement along all Ri hts-cf--Wa and a 10' Min. Side Setback = 10' �'' ' . ;. , Utility Easement along all Property Lines. ATNo��r • IEGERCY HEIGHTS DUANE ��' DATE= MARCH 26, 1986 SCALE: 1 50, I SHEET NO.1285 cliff . iaa 18 OF N NO $vim /MC oll. ow.owbr oar. iunraUNOo�iwra"� „Iowa Car w..l 21 /wNnM�Wq. YM,IM• 73t01 1>al NbfI/I MM•MrMMr.lry rr n"I (»77iq, ®K53TPG rin 65 ,\ 43 � 10' SA I SEWER --- s \�I2,758 SQ.f� ` ESM T.�' 20' DRAINAGE S yT.., ���,4.. 4• t y r182 ® v1 S tSee \ ' A N0 •do 00. � a� W 64 3 to I ♦ - r, i s 106I II,797 sq.ff. I 63 � Flo o N 0-90573 sq. ft. N �...._ _ ___I v 001 i r'= LA✓ / - 48 30.00' 4 � two cc 4-1 y S 23043'03" 0.00' 48 t50' R/Wi °o G s04 �5 30.00' W !aP � y �• 1 y 56 I �q. O ` 12,596 sq. ft. r�'nl C r N 23043 0_3 E r f , 109.58' y (See Sheaf 16 of 211 Min. Front Setback • 35' All Lots'are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 2T . •.. , • Easement along all Rights -of -Way and a -10' Min. side Setbaok 10-Utility Easement along all Property Lines. AEGETICY HEIGHTS a � � P. DUANEOWN c • • 1 - BRDATE= MARCH 26, 1986 SCALE: 1.. =50 OWN!;d ..�.a" SHEET NO. 1285 . 4Silbert W. clltt ' � late, lac. 19 OF AND fn *ft%sWr&Vl.yrnr411W1 wwowet"."nk" v"I f"11 M7.tli� N 0 N Co W .M a N z W a 1 0 1 � �Sh BAtti IN 34021'17~E l 1 ps� � 69 I / 112,399sq l Q I I I _ Jam; ��� •. 68 13,799 sq. ft. 61 .70 tit % Q' �z�� `y0 Asti 36 Q6541 C 0 3 —10' SAN. SEWER ® I� gJ' 4 ESM T. / `.,.�.' �•'��� 0' DRAINAGE 9� ESMT. ��s9J Jti ` mil. 20 _ 64 67 / Z� 9,630 sq. 63 �► , , ��� SV 53� \S ' %4 -,-1, shoos IS of 21) Min. Front Setback a 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 23' , , Easement along all Rights -of -Way and a 10' Min. Side Setback a 10's Utility Easement along'all Property Lines. o��'��LrNofiy� REGEnCY HEIGHTS P. DUANE r DATE: MARCH 26, 1986 SCALE: I**= 50' ROWN v'�D g•�•�8,} SHEET N0.1285 ►� clumn W. c31tt stow In& 20. OF N ND 6J i i. .wow° r« °awe pu► h,awoa�tttt irirNOtei�w"�"o w „ 21 4 a 0K637PG234 N/F I 1 DANIEL MACKLIN 200.44' s 4` S 28001'51" E•v80.'S6' � a a O U c� 2 Ct 20' DRAINAGE ESM'T. S 660401"W 1196.42' a S 46°09'48"W.r96.42' S 34021'17" W — 9527' S 55038'43" E—123.21 �j 102 b a _ 31—S23ol jqw 20' Nco Nopr4191 ;::� -0' :-.�Oi�pii• N'1� � S1 ;.Sif-6$4 W-12o'p, @r 4Sz p24% C a f = !! it7 �. >• "� 3o38gg"`W1 ��dJ'..yJ In z 7 1a SAM. SE, ES' ' i i !:� •91.3 ---�"S 76�p2�47„ W�642.pg' 20 pR �' us C ` OR• ESM`�• S 12o5p'20" E33.p1' 'ES�NAG41rg i? J h c W-1 0p, 4 j J ' f0' SAN. SEWER / €C- ` 00 ESM'T. �! S6so2030 E^-291.29 S56o30b0„ •t---26 DRAINAGE EN SPACE "A'. E"�4.31' g,oT°2 q3 4.2462 Acres 0 eve•. ��• \ N/¢ N/ f N/F !!; EN"IS Et)WARD CO LE RICV00 OSSELu0 LONNIE RIGGLEMAN } "REGEIICY HEIGHTS 0 o� nP. DUANE �s'� DATE*: MARCH 26t 1986 SCALE; 1"= 200! �',v BROWN jd...,.� SHEET NO. 1285, w"St W. 21 a. clliY o. ! . OF �Fp SJ tllow�tu's,r oO AMM# 21 LAND I56-C Owe a � n � 1701) o�aru nr�..r... +nw+: �� 1�n � vIRGINIA FTWMER" OWN'"- SAX. ,(f This Ivauuawnt of writing was prodwod to no On #w � pd and with cer0flOte Of vJmw1*dgmmft ftwra! Wl: r to record. COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 December 3, 1997 Fax 540/667-0370 Lawrence R. Ambrogi County Attorney County of Frederick 5 North Kent Street Winchester, VA 22601 Re: Regency Lakes Dear Larry: It is my understanding that Regency Lakes Subdivision roads have not been taken into the state highway system until an alternate access road has been completed. The purpose of the alternate access road is to provide an outlet for residents of said subdivision in case the primary road serving the subdivision which traverses a dam would fail due to washout or cave-in. The attached document recorded in the Frederick County Clerk's Office further provides documentation through the provisions of a $35,000 Bond for maintenance of the primary road over the dam until the alternate access road is completed. I am of the opinion that barring any further participation of the former developers of Regency Lakes Subdivision, secondary road incidental construction budget funds could be accessed to complete this project. Should you have any questions, please do not hesitate to contact me. JRR/tjp Attachment Si7ely, John R. Riley, Jr. County Administrator 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK f� Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Lawrence R. Ambrogi, County Attorney FROM: Evan A. Wyatt, Deputy Director RE: Right -of -Way Agreement for Regency Lakes Estates DATE: November 24, 1997 Enclosed is a copy of the referenced agreement for your perusal. This agreement was prepared by the Virginia Department of Transportation (VDOT) to ensure that access was available via a 60 foot easement across the Regency Lakes Drive dam for maintenance of the road system. The VDOT did not want to assume maintenance responsibility m for the darn until an alternative access route was provided through the Regency Lakes Estate . mobile home park. As a part of that agreement, the developer was required to provide VDOT with a $35,000 bond for the maintenance of the dam. Frederick County is attempting to work with VDOT to have Regency Lakes Drive and the roads within the Regency Heights single family lot subdivision brought into the state secondary road system. It would be beneficial to receive a legal opinion from your office regarding the following issues: • Are the current or former owners of Regency Lakes Estates in any way bound by this agreement today? • If available, could the S35,000 bond be applied to the general maintenance of Regency Lakes Drive? • If requested, could the VDOT have undertaken the maintenance responsibility for Regency Lakes Drive under the terms of this agreement? Frederick County will be meeting with VDOT officials and other interested parties on December 9, 1997 to determine an appropriate course of action. It would be helpful to have your input prior to that meeting. I will be available to attend the staff meeting with your office on December 1, 1997 to discuss this issue. Thank you for your assistance regarding this matter. cc: John R. Riley, Jr.. County Administrator `i;- `"r• i Went -;tree-. • «incttestcr. Vir,,inia 22601-4004) u.■nog I JO""Its" ..,...v6 n u. Ma—. 15412 REGENCY LAKE ASSOCIATES TO: RIGHT OF WAY AGREEMENT VIRGINIA DEPARTMENT OF TRANSPORTATION Iy CK65RG701 THIS RIGHT OF WAY AGREEMENT, made this day of 1987, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WI'rNESSETii; That for valuable consideration, the Grantor grants unto t)►e Department an easement, sixty (60) feet in width, over that certain strip of land, containing '.6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 568. The easement granted hereby is made upon the following terms and conditioner 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to create in the Grantor any contractual right to a degree, standard or term of 1 • J loll a JllMN/tall •9..119 .. a.. .11/14. mo.0 69653PG702 maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or Wit may be altered or amended in the future. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and.of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) for the maintenance, repair and replacement of said dam and said roadway pursuant to -the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be. reviewed annually by the Department, which shall notify the* Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. It shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the event of a dispute as to a proper amount, the Grantor may appeal the decision of -the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide - 2 - r- I, 11AN1110" l 10""110" 4.94-116 ./ U• MIMO116. m,IIN 0.1653PG703 ingress and egress easement shown on the Appendix s attached hereto as "Regency Lakes Drive" for Dublic access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam. 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the commissioner of the' Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easement,is an element of maintaining the surface, base, shoulders and guard rails of said roadway. 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's highway System. 11. The obligation of the Grantor herein (in addition to being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described'by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virg inia,,partneistD By, /Cy�77G� 1� (SEAL) Partner Bytgl ---L EAL) far ner VIRGINIA DEPARTMENT OF *MXHRif 6 Fiscal Division TRANSPORTATION < C (S L) • ' ' BY �sa;.Lc .tom„ � Date: DEPUTY COMMISSIONER Office of Attorneyy�General FREDERICK COUNTY % E L EAL) Date: �T i C• ,toter t �ernnr 4 - STATE OF VIRGINIA, AT LARGE, e 4 of _�J:. �,�r.�i! �. eh �5_3[9 7 0 5 The foregoing instrument was acknowledged before me this day of 4r , 1987, by /1/; n.J as partner of Regency Lake Associates, a Virginia partnership. My commission expires --AL"I. i. 1 Notary Public STATE OF VIRGINIA"//� AT LARGE, ` �OF �fi�itc. %••� , To -wits regoing instrument was acknowledged before me this G.T'� day of - lIAti 1987, by A ...... •',.Jd. as partner of Regency Lake Associates, a /irginia..pa tnergttd�f; My commission expires c,t-1 Not y Pub1XV ..}} STATE OF OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this day of , 1987, by as � of the Virginia Department of Highways and Transportation. My' commission expires U, Y)_7aA4a<A>Lr'-1• >�.� Notary Publi STATE OF VIRGINIA, AT LARGE, OF ,0%i�pit/.G�L , To -wit: oreforegoing instrument was acknowled ed'before me this 9 g 9 !s day of GIAIAII 1987, by�ti.�/ N..IifON t J0NN,f0• as,tl. of Frederick County. _ .tt...tt..t l.. .t...t.t...t..t.t. Ny mmission expires 3 i votary Public • bunr.,._,.... .......... CvtvL rfg4-c - w•• • f.i1r• A•• T•:, fA.•J al •r... .t• ., s ,• ,. y.07 re 1 QZ r♦ Af.fr0•e )•Vr t .e7r. 4•L2:h L' IaC.Z.Cy: e i•_..•..•... mid •i+•re•v • L _ •, t�. 1it �GL C000 « ,% y PARCEL C - q� 0.3614 Ac., 9 8 ro 1t ..n r•HK JAEASEAIEN rPARCEL a0.6964 Ac REGENcT [AKC Assoc44rES + J 4 .T.7a•s40•fJ / W PROPOSED DAM r01: J 76101'47•,-- if i0' 7D J : J/1'fO'7o'Iv •� fv.ol• 3 M 4: N7r+'O i8' f TO G t S 5s-/9'07'E — 40.00' F re 8 s S 88'SJ•10•E — 00.00' IRC • 91OP. N- 4RC - /14.S2- t REMA/NOE.Q Or rt' GfNCY CAKE ASJOC/.�lES f� PARCEL «A" 2.6082 Ac. . u t 15 t /• A'+d'oI•�J � • • ss� •• OW4 3 S 4� .A t �• N�/�7•M, 1j /• 01 �i \ / y • V •• �} BROWN�{P- DUANE �r ' /• � N0.12i5 0 Ito REFERENCES I GEED BOOK 608 PAGES sss, scz, sce, s-71 ; so? is �'.4�9fRI14, JR. 1 .t CARR lC Pcar TO ACCOMPANY EASEMENT AGREEMENT ►� S BerwEEH REGENCY LAKE ASSOCIATES i• siYl7tv"t 1 tt ! , AND THE lAA7E / VIRGINIA Davr.- OF HIGHWAYS t TRANSPORTATION STONEWALL MAOISTER/AL O/S TR/G r fREOERICK COUNTY, Y/RG/N/A AUGUSt 14, 198C 1 S�ALE:1"r100sqc ' C 3 tol»ti w. elltlu - Iw.. I.te _s se •s�'*c•'t' _� APPENDIX A ' • W.0 Ow 4..••..• M. .V.«.O•.. M M..� C.r� b.r STATE ROUTE t..rr.w..•t••w Ur. 146..1 t.q -.....,. .•.+u«. pu. r..,u AIL N, I \OXG53PGT l WAWITE4 MA: AG F•4-VA/l c ' .. E� r�st�� ll • t DR t� ohEGEN ' ewstn.:vr Ifni I(Ej S41.21'5;'•E r� 330.S/ / `/ � � • Ex. G.ISZ LIJ / N41•SI'9T'1Y . 1 / �y !! yl 1u • V sc•u'i 'E o,c�lsc.�o ,I. zcaoo' • AI E.f I' 0 Z kE6ENCY HEIGHTS" � SKr, ► o II,,r� ,'1 • Q . • . "Olus • Iluo.ao• A.Tr •MM?. MA rM.l[0 CA. "Wols ' Li11 F (1 d `} P. DUNIE r �. r nDR0Y111� y t 4forls- J,LO! g1.01 Jllil S)ttr M�J{ [ r 1f it—U .' 1To i .4 .0 IIS.71r �.+I rA� J►'!1'SI'[ Ur Or Jr• HOOT 10it1t ICH.1J LMM Mlr!"J- 1 J: ar'n• twace .rt.J.r Jtf.tt• cn.rs s! n!c•r • c r Jrtua: scam ucwc Jt.3! 'grg t rs ii v:c wj. us saeJ tn.►o u- sroa'n°r_ Go' /NGRESS-EGREJS EASEMENT IID.12E5 ' rA..u�A 1L5. hwI •/ ' REGENCY LAKE ASSOCIATES,' smvr.a+sc +sisrsw.At wsrxr.r Nb L4110 SJ /RlDERKK COUNTY] r,•tGV/Aw — JULY 31,11" SCAatrr.so+' .. rUb.rt w. elttr ' Iwt.., In& APPENDIX 8 .:.M,. • rMY�r. li ' /.L.a+►•s•atlt-.,CDs W � ���+t•.-aa 4 RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA. DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 August 12, 1993 Mr. W. Wayne Miller, Zoning Admin. County of Frederick P. O. Box 601 Winchester, VA 22604 Dear Wayne: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref Regency Ickes Development Route 7 Frederick County We have received word from our Secondary Roads Division the original agreement with the now defunct Regency Lakes Associates to cover the roadway over the dam is still acceptable. As for your inquiry earlier this week concerning the need for the construction of the "loop road" prior to addition of the Regency Heights Development, this roadway will still need to be constructed prior to addition in order to provide an alternate means of access to this section of the project. As previously discussed, a temporary roadway built to the design standards indicated in the attached copy of letter dated August 24, 1988 will be sufficient until it can be upgraded to secondary standards. Should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer 6a,;ez a-,•&�— By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. Steve A. Melnikoff TRANSPORTATION FOR THE 21 ST CENTURY (703) 984-4133 August 24, 1988 Mr. Mike Barverio C/O Perry Engineering Co., Inc. Route 6, Box 152B Winchester, Virginia 22601 Dear Mike: Ref: Regency Lake Subdivision Regency Heights Subdivision Frederick County At your request I am listing items from a field review which need to be corrected on the above referenced subdivisions before this development is completed in accordance to the approved plans. The street names will correlate to that posted in the field. REGENCY LADS DRIVE (To Regency Lakes .Drive -East) - Pave or prime and seal entrance roadway at Station 9+75 (Right Side) _ :REGENCY LAKES DRIVE (East) - Repair erosion from edge of pavement to culvert under entrance for Community Center (outlet end) - Install entrance to tennis courts to VDOT Standard with 20' radii, prime and seal or pave roadway and establish vegetation (Station 83+10+) - Re -work ditch line (north side) from Community Center to lake for positive drainage and establish vegetation - Establish vegetation at inlet end of Culvert No. G-G under roadway at Station 80+40+; repair erosion on embankment slope and establish vegetation at this location LAKE WISDOM DRIVE Lower water valve boxes (2) in ditch line fronting Lot No. 2 and place asphalt collar around same Establish vegetation fronting Lots No. 10 & 14 - Repair erosion in shoulder nd establish vegetation between Lots 17 & 18 LAKE SEVER DRIVE - Remove silt from inside Culvert No. D-D under roadway at Station 8+45+; also establish vegetation at inlet and outlet ends - install private entrance with culvert to VDOT Standards at Lot No. 39 P � f Mr. Mike Barverio August 24, 1988 Page Two - CHELAN PLACE - Repave cul-de-sac bulb due to settlement - Repair erosion in drainage easement between Lots No. 59 & 60; restore roadway shoulder and establish vegetation WINNEPEG PLACE - Extend culvert minimum 5' at both ends under private driveway at Lot No. 29 to provide adequate roadway shoulder GENEVA PLACE - Provide positive drainage in ditch line fronting Lots No. 67, 69 & 70 See attached copy of drawing which depicts the placing of newspaper boxes along the roadway. Special Note: In accordance to approved plans the Loop Road Connection between Sections A & B to be installed in Phase I Work is to include the following:__ ._ - All excavation and grading with 4" of 21-A Stone Base - 22' width of roadway - 50' easement to be provided in center of right-of-way to and from Regency Project it is hoped this punch list is adequate for the completion of the development. Should you have any concerns, please advise. Sincerely, C. William Lam Hwy. Permits & Subd. Spec. Senior For: W. H. Bushman ^esident Engineer CWL/rh Attach. Yc: Mr. Rupert W. Werner Mr. James Marlow Mr. C. E. Maddox (703) 934-4133 July 9, 1987 Mr. H. K. Benham, III Ref: Asgeny Lake Estates Subdivision Attorney at Law Dan Agreement/Letter of Credit 21 South Loudoun Street Frederick County Wine ster, Virginia 22601 Dear Mr. Beruhe: We are returning the original copy of the above subject agreement which has been executed by the Department. It would be appreciated if you would have this agrament. executed by the County of Frederick and the original copy of this agreement properly recorded in the land Records of Frederick Aounty. Tzsre is a discrepancy for the purpose of the Letter of Credit as set forth in t4%,3 second paragraph. It is suggested this pares be completely replaced similar to the following: _*Your officially certified statement that drawing is in cmmection with Regency Lake Associates, Frederick County, Virginia, and is for the explicit puTxmm of recovering all loss, cost, damage, or expense incurred as a result of the failure of Reeky Lake Associates to fulfill its obligations and reapvmsibilities as set forth in the right-of-way sit, dated May 6, 1987, bebmen Regency Lake Associates, Virginia Department of Transportation, and Frederick County." In the fourth paragraph, "First American Hank of Virginia" should be replaced with "Regency Lake Associates", as a party to the tripartite agreement. This agrciw+ t when it has been fully executed arxi properly recorded, should be included in the addition assembly when the request is made for acceptancu of these streets to the Secondary System. If I can oe of any further help, please do not hesitate to cont3Lt :m. . KDWlks cc- Mr. D. L. Camper Mr. Todd E. Lepdye r. R. L. bore Sirs -rely, K. D. iblker Inspector For: W. 11. a.�roxi Resident LWire er V gilbert w. cli f f ord & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 9 Fax: 703-665-0493 February 2,1995 Mr. Harvey E. Strawsnyder, P.E. Frederick County Public Works P.O. Box 601 Winchester, Virginia 22604 RE: Regency Lakes Estates - Section "D" Dear Ed: 10 MCI Regency Lakes would like to proceed clearing and grading the next section of their project for planned road improvements. This includes the much discussed "loop road" required for Mr. Miller to have complete road acceptance. It is my understanding that you have no objection with Regency Lakes proceeding as long as all erosion control measures are in place and maintained. This work is a continuation of Regency Lakes' existing permits. Sincerely, Obert w. clifford & associates, inc. Stephe M. Gyurisin SM /cls cc. Mr. Wayne Miller Mr. Jim Casterline The Potomac Edison Company Part of the Allegheny Power System P. O. Box 3200 Winchester, VA 22604 August 30, 1993 Mr. Robert B. Childress Hwy. Permits & Subd. Spec. Senior COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. Box 278 Edinburg, VA 22824 Ref: Regency Lakes/Regency Heights Quit Claim Dear Mr. Childress: I am enclosing revised Deeds of Quitclaims and prints as per Your request covering electric facilities on the above referenced subdivision. Should you have any questions, please do not hesitate to contact me. Sincerely, , Sharon C. Michael Engineering Department cc: W. Wayne Miller r DEED OF QUITCLAIM THIS DEED OF QUITCLAIM, made and entered into on this 25th day of June, 1993, by and between THE POTOMAC EDISON COMPANY, a Virginia Corporation, GRANTOR, and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, GRANTEE. WITNESSETH: That for and in consideration of the sum of one dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the GRANTOR does hereby quitclaim and release to the GRANTEE, subject to the reservations hereinafter set forth, the easement of right of way to construct, maintain, operate, alter, repair, inspect, protect, remove, and replace certain improvements, namely: An overhead and underground distribution electric system upon and across the property of Regency Lake Estates (Regency Lake Drive) and Regency Heights (New Wisdom Drive, Lake Sever Drive, Geneva Place, Winnepeg Place, Great Pond Way and Chelan Place) located in the Stonewall Magisterial District of Frederick County, Virginia, insofar as the land embraced within said easement falls within the boundaries of a public street or highway to be maintained by the Virginia Department of Transportation, and more particularly described as follows: All of said right-of-way falling within the boundaries of those streets and roadways and consisting of overhead and underground crossings as shown on the attached Potomac Edison drawing. -1- The GRANTOR reserves unto itself, its successors and assigns all of the rights and privileges under the Right -of -Way Easement by and between The Potomac Edison Company and Regency Lake Associates, dated the 17th day of February, 1988, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, on the 9th day of March, 1988 in Deed Book 673 at Page 799, until such time as the Virginia Department of Transportation has issued a permit to the GRANTOR subject to the following condition which shall also be covenant running with the land: 1. That the above described improvements of the GRANTOR may continue to occupy such street or highway in the existing condition and location. 2. Grantor shall at all times indemnify and save harmless Grantee, its employees, agents, and officers from any claims arising from Grantor's negligence in the construction, operation and maintenance of its facilities. The GRANTEE is to have and hold the above described property for so long as said property is used as part of its public street or highway maintained by the GRANTEE or its successors or assigns charged with the responsibility and obligation to maintain public streets and highways, but upon abandonment of said property's use of such purposes, all rights, privileges, interests and easements in the property herein described under the aforesaid Right -of -Way Easement shall revert to the GRANTOR, its successor and assigns. -2- IN WITNESS WHEREOF, the GRANTOR has caused its name to be assigned hereto and its seal to be affixed and attested by its appropriate officers, all after due authorization, on the day and year first above written. By: QD.-tatimer, Vice -President ATTEST: Title. Eugene W. McCauley, kia s anSieaoreWy �'3t1i y0W93�v0Ilya0,11%Z ; )To -Wit: COUNTY OF WASHINGTON I, Patricia S. McKee , a Notary Public in and for the County aforesaid, do hereby certify that J. D. Latimer, Vice - President of The Potomac Edison Company, whose name is signed to the foregoing writing, bearing the date of June 25 , 19 93 , has duly acknowledged the same before me within my County and State aforesaid. My Commission Expires: _ Given under my name this November 1, 1993 13th day of August , 19 93 . -3- a \'�.zs' Notary Pub is DEED OF QUITCLAIM THIS DEED OF QUITCLAIM, made and entered into on this 9th day of August, 1993, by and between POTOMAC EDISON COMPANY, a Virginia Corporation, GRANTOR and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, GRANTEE. WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the GRANTOR does hereby quitclaim and release to the GRANTEE, subject to the reservations hereinafter set forth, the easement of right of way to construct, maintain, operate, alter, repair, inspect, protect, remove and replace certain improvements namely: A 138 kV transmission line crossing Lake Sever Drive upon and across the property of Regency Heights Subdivision, located in the Stonewall Magisterial District of Frederick County, Virginia, insofar as the land embraced within said easement falls within the boundaries of a public street or highway to be maintained by the Virginia Department of Transportation, and more particularly described as follows: All of said right-of-way falling within the boundaries of those streets and roadways shown on the attached Potomac Edison drawing and consisting of one overhead crossing. -1- ft The GRANTOR reserves unto itself, its successors and assigns all of the rights and privileges under the Right of Way Easement by and between The Potomac Edison Company and Sarah O. Warner dated the 1st day of December, 1960 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia on the 15th day of December, 1960 in Deed Book 167 at Page 555, until such time as the Virginia Department of Transportation has issued a permit to the GRANTOR subject to the following three conditions which shall also be covenants running with the land: 1. That the above described improvements of the GRANTOR may continue to occupy such street or highway in the existing condition and location. 2. GRANTOR shall at all times indemnify and save harmless Grantee, its employees, agents, and officers from any claims arising from Grantor's negligence in the construction, operation and maintenance of its facilities. 3. In the event GRANTEE shall hereafter require, for its purposes, that GRANTOR alter, change, adjust, or relocate the above -mentioned improvements, across or under such street or highway, the non -betterment cost only of such alteration, change, adjustment or relocation will be the responsibility of the GRANTEE. The GRANTEE is to have and to hold the above -described property for so long as said property is used as part of its public street or highway maintained by the GRANTEE or its successors or assigns charged with the responsibility and obligation to maintain public streets and highways, but upon abandonment of said -2- • property's use for such purposes, all rights, privileges, interests and easements in the property herein described under the aforesaid Right of Way Easement shall revert to the GRANTOR, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has caused its name to be assigned hereto and its seal to be affixed and attested by its appropriate officers, all after due authorization, on the day and year first written above. ATTEST: Title • Eugene W. McCauley, r. ",ftistaht Sec, eta, y STATE OF MARYLAND )To Wit: COUNTY OF WASHINGTON I, Patricia S. McKee B Y� J.D. timer,Vice-President , a Notary Public in and for the County and State aforesaid, do hereby certify that J. D. Latimer, Vice -President of The Potomac Edison Company, whose name is signed to the foregoing writing, bearing the date of ., August 9 19 93 , has duly acknowledged the same before me within my County and State aforesaid. My Commission Expires November 1, 1993 4 &'Mrx& Notary Public -3- w �.� COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO: FROM: SUBJECT: DATE: MEMORANDUM John R. Riley, Jr., County Administrator Wayne Miller, Zoning Administrator f A Regency Heights Streets August 9, 1993 Attached is a memo from Ed Strawsnyder estimating the cost of putting the streets in Regency Heights into a condition acceptable to the state. Some of these items can be done "in house" and I think we could reduce the cost somewhat. The tragic part of this is that these streets very well may have to endure another winter before the loop road is constructed that will allow us to proceed. With that unpleasant thought in mind, I have asked Bob Childress and Bill Bushman to explore an alternate solution that will permit the immediate insertion of these streets into the secondary system. I refuse to believe that this is an insurmountable problem and I will continue to press for an immediate solution. I will keep you posted. WWM/slk attachment 9 North Loudoun Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 s COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 9 North Loudoun St., 2nd Floor 703/665-5643 MEMORANDUM TO: Wayne Miller, Zoning Administrator FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Wo_kk r SUBJECT: Regency Lakes and Regency Heights Subdivision DATE: August 9, 1993 In response to your request, I met with Steve Melnikoff who is with the Virginia Department of Transportation to review the punchlist outlined in their letter to you dated July 23, 1993. Based on my August 5, 1993, inspection of the subject road system, I recommend a budget of $25,000 to implement the Virginia Department of Transportation's punchlist. I have attached a copy of the Virginia Department of Transportation's punch list with estimated costs annotated in red. It is possible that these costs can be substantially reduced depending on who actually performs the work. Also, I have assumed that the pavement deficiencies can be corrected with a one (1) inch overlay. HES:rls cc: file Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 COMMONWEALTH of VIRGI IA RAY D. PETHTEL COMMISSIONER Mr. W. Wayne Miller Fred. Co. Zoning Administrator P. O. Box 601 Winchester, VA 22604 Dear Wayne: DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 July 23, 1993 WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703)984-9761 Ref: Regency Lakes & Regency Heights Subds. Route 7 Frederick County As requested we have made an inspection of the referenced projects to determine their eligibility for addition into the Secondary Road System. As you know from our recent meeting several outstanding items need to be completed and/or repaired. I would like to point out however several of the items we have listed below were brought to the attention of the original developer in a punchlist letter from us in August, 1988. For your use I am providing you with a copy of the letter and marking the following items with an asterisk which were on his original punchlist. Regency Lakes Drive (From Route 7 to Regency Lakes Drive East) LOCO Pave or prime and seal the entrance roadway at Station 9+75 (right side). Regency Lakes Drive (East) O�P'4160r" Install entrance to tennis courts to VDOT standard with 20' radii, prime and seal or pave roadway and establish vegetation (Station 83+10±). NX The erosion on the embankment slope adjacent to Culvert G-G needs to be repaired and vegetation established. AIt • The riprap placed adjacent to the edge of pavement on the east side of the intersection of Regency Lakes Drive East and Lake Wisdom Drive and the logs/poles adjacent to the edge of pavement on the west side of Regency Lakes Drive East at the top of the dam will need to be removed. Lake Wisdom Drive 2' 60 The asphalt collars around the water valve boxes in the ditch line in front of Lot No. 2 will need to be replaced due to settlement. 1,50 Severe cracking has occurred in the cul-de-sac pavement. This area should be investigated to determine the cause of the pavement failure prior to the roadway being overlaid. 4/C - "O C,�\Ant� TRANSPORTATION FOR THE 21 ST CENTURY t Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. July 23, 1993 Page ##2 �.5� • The pavement settlement and cracking at approximate Stations 1+50, 2+00 and in front of Lot No. 2 will need to be repaired. Lake Sever Drive 4160 Vegetation needs to be established adjacent to Culvert D-D. • The pavement appears to be cracking along the edge of the roadway near the end of the cul-de-sac. This will need to be repaired. • Lots No. 48, 51 and 52 need private entrance culverts. • The pavement settlement in front of Lot No. 39 needs to be repaired. Chelan Place 2' Soo The shoulder area between Lots No. 59 and 60 needs to be restored in accordance with the approved typical section. OCR • Private entrance culverts to Lots No. 57 and 58 should be disconnected and the side ditch restored and re -vegetated. Geneva Place i Z00 • The side ditch in front of Lot No. 70 has been paved and a flower box constructed in the back slope. This will need to be removed or the owner will need to obtain a permit from us prior to addition. �QBD • The side ditches at Lots No. 66, 67, 70 and 71 need to be dressed up and vegetation ' established. 30o '• Additional asphalt needs to be placed around the water valve boxes at the intersection with Lake Sever Drive. Old Pond Way N/C. • The basketball goal needs to be removed from the right of way. 3 SCFO • Side ditches around the entire cul-de-sac needs to be reworked to obtain positive drainage ' and adequate cover obtained over the private entrance culverts. f 600 General • Several bare areas need to be reseeded and mulched or hydro -seeded. 0 Several asphalt skirts around sanitary sewer manholes have settled and need repaired. . 4 Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. July 23, 1993 Page #3 As you know, another means of access will need to be provided to the Regency Heights development. Therefore, in addition to the above items the issue of completion of the loop road around the lake will need to be addressed. We have forwarded the agreement you provided for the dam crossing onto our Central Office to determine is validity. I will let you know when we have received their comments. In the meantime should you have any questions concerning the above, please let me or Mr. Steve Melnikoff (703-722-3460) know. RBC/rf Enclosure xc: Mr. Steve Melnikoff Mr. John Riley Mr. Ed Strawsnyder Sincerely, William H. Bushman Trans. Resident Engineer 6�d IL. 6 By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior COMMONWEALTH of VIRGINIA. DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER August 10, 1993 Mr. W. Wayne Miller, Zoning Administrator Fred. Co. Department of Planning & Zoning P. O. Box 601 Winchester, VA 22604 Dear Wayne: A13C,1993 ' N RE 51ve'D OD DOI V WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref: Regency Heights Subdivision Route 7 Frederick County We started receiving quitclaim permit applications from various utility companies which have facilities within the referenced development's rights of way. The applications received thus far appear to be satisfactory. However, in addition we will also need applications and plans for any facilities within the portions of Regency Lakes Drive which are eligible for addition. Through copy of this letter to the respective utility companies we are apprising them of our requirements. Should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBCIrf xc: Mr. S. A. Melnikoff The Potomac Edison Company C & P Telephone Company Frederick Co. Sanitation Authority Shenandoah Gas Company Adelphia Cable Company TRANSPORTATION FOR THE 21 ST CENTURY 0 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER July 2, 1993 TELE (703) sea-4133 FAX (703)984-9761 Mr. W. Wayne Miller, Zoning Admin. Ref: Regency Lakes Development County of Frederick Route 7 P. O. Box 601 Frederick County Winchester, VA 22604 Dear Wayne: We are in receipt of the right of way agreement for the roadway dam crossing in the referenced development. As we discussed on Tuesday, I have forwarded the agreement onto our Secondary Roads Division in Richmond to determine its acceptability. Once I receive any comments I will forward same onto you. In the meantime, should you have any questions please let me know. Sincerely, William H. Bushman Trans. Resident Engineer /�- cak-Aa�� By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. Steve A. Melnikoff TRANSPORTATION FOR THE 21 ST CENTURY CE-7(A) • n 8 Re"_ siso 1 Y o Land Use Permit Application No. Commonwealth of Virginia Department of Transportation APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below. Said work and or activity (s) will be done under and in accordance with the rules and regulations of the Commonwealth Transportation Board of Virginia, in so far as said rules are applicable thereto and any agreement between the parties hereinbefore referred to. Where applicable agreements may be attached and made a part of the permit assembly including any cost responsibilities covering work under permit. Applicant agrees to maintain work in a manner as approved upon its completion. Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any other installations already in place as a result of workcovered by resulting permit. Applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board members of the Board, the :Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit. In consideration of the issuance of a permit the applicant agrees towaive for itself, successors in interest or assigns any entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Act of 1972 as amended in the event the Department or its successor, chooses to exercise itsacknowledged right to demand or cause the removal of any or all fixtures, personalty of whatever kind or description that may hereafter be located, should this application be approved. Applicant: TYPE OR PRINT CLEARLY The Potomac Edison Company Filing date June 30, 1993 Owner N/A Agent P. 0. Box 3200 Address Winchester, VA 22604 City State 135-323-955 Social Security Number or Tax ID Number ( 703 ) 722-5850 Phone Number C. E. Anna Contact Person ( 703 ) 722-5885 Fax Number The estimated cost of this work is $ Zip Code Permit term needed 180 Total fees enclosed $ None days Method of Payment Check—Coupons—M.O.— Other (Specie Obligation Amount $ Bond x LC — Resolution — Ord. — Check _ Not Applicable _ Request Permission: To perform the following work and/or activity (s): This quitclaim permit is to cover exis incr electrical facilities installed within the street right-of-wav on Lake Wisdom Drive, Lake Sever Drive, Geneva Place, Winnepeg Place, Great Pond Way and Chelan Place in Regency Heights as per attached plans. Location: Tax Map Number -'- Permittee Job No. -" Geographically in of Frederick on Highway Route(s) between 'Route 7 and Dead End Signature of applicant or agent 1 atA-'� Date June 30, 1993 Title Supervisor, Division Engineering All applicable items on this form must be completed before your request can be considered. Recheck information furnished to avoid delay. Prepayment Required - make Remittance payable to Virginia Department of Transportation. VDOT USE ONLY Receipt is hereby acknowledged of CHECK —, COUPON —, M.O. _, OTHER (Specify) in the amount of Signed (Permit Fee $ CASH SURETY $ VDOT White Copy to Central Office Pink Copy to Residency Office Blue Copy to District Office Yellow Copy to Applicant DEED OF QUITCLAIM THIS DEED OF QUITCLAIM, made and entered into on this 25th day of June, 1993, by and between THE POTOMAC EDISON COMPANY, a Virginia Corporation, GRANTOR, and the COMMONWEALTH OF VIRGINIA! DEPARTMENT OF TRANSPORTATION, GRANTEE. WITNESSETH: That for and in consideration of the sum of one dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the GRANTOR does hereby quitclaim and release to the GRANTEE, subject to the reservations hereinafter set forth, the easement of right of way to construct, maintain, operate, alter, repair, inspect, protect, remove, and replace certain improvements, namely: (1) An underground distribution electric system upon and across the property of Regency Heights (New Wisdom Drive, Lake Sever Drive, Geneva Place, Winnepeg Place, Great Pond Way and Chelan Place) , and (2) A 138 KV transmission line crossing Lake Sever Drive located in the Stonewall Magisterial District of Frederick County, Virginia, insofar as the land embraced within said easement falls within the boundaries of a public street or highway to be maintained by the Virginia Department of Transportation, and more particularly described as follows: All of said right-of-way falling within the boundaries of those streets and roadways and consisting of underground crossings as shown on the attached Potomac Edison drawing. -1- The GRANTOR reserves unto itself, its successors and assigns all of the rights and privileges under the Right -of -Way Easement by and between The Potomac Edison Company and (1) Regency Lake Associates, dated the 17th day of February, 1988, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, on the 9th day of March, 1988 in Deed Book 673 at Page 799, and (2) Sarah O. Warner dated the ist day of December, 1960, and recorded in the Clerk's office of the Circuit Court of Frederick County, Virginia on the 15th day of December in Deed Book 267 at Page 555, until such time as the Virginia Department of Transportation has issued a permit to the GRANTOR subject to the following condition which shall also be covenant running with the land: 1. That the above described improvements of the GRANTOR may continue to occupy such street or highway in the existing condition and location. 2. Grantor shall at all times indemnify and save harmless Grantee, its employees, agents, and officers from any claims arising from Grantor's negligence in the construction, operation and maintenance of its facilities. The GRANTEE is to have and hold the above described property for so long as said property is used as part of its public street or highway maintained by the GRANTEE or its successors or assigns charged with the responsibility and obligation to maintain public streets and highways, but upon abandonment of said property's use -2 of such purposes, all rights, privileges, interests and easements in the property herein described under the aforesaid Right -of -Way Easement shall revert to the GRANTOR, its successor and assigns. IN WITNESS WHEREOF, the GRANTOR has caused its name to be assigned hereto and its seal to be affixed and attested by its appropriate officers, all after due authorization, on the day and year first above written. By: . D. Latimer, Vice -President ATTEST: Eugene W.Mc6auie r. Title :-A&Waht SeeFetary STATE OF MARYLAND )To -Wit: COUNTY OF WASHINGTON I, I"ArfR'XcxA S. N CXEfZ , a Notary Public in and for the County aforesaid, do hereby certify that J. D. Latimer, Vice - President of The Potomac Edison Company, whose name is signed to the foregoing writing, bearing the date of 0'uxs ar , 19 013 ,: has duly acknowledged the same before me within my County and State aforesaid. My Commission Expires: Novf�mzv_R i . 1993 Given under my name this 9 ±_!_ day of TULV , 19� Y iffl cyS U, Notary Public -3- L;UNJ I t<Uk; I IUN JKL I UH FORM 30-794 REV. 1 'fhe Potomac Edison Company ❑ MD ® VA ElWV a Port of the Alko" Power system MLE VA DEPARTMENT OF TRANSPORTATION QUIT CLAIM - PACE 1 1 of EST. NO. REGENCY HEIGHTS, EAST OF WINCHESTER, VA NONE SUBSTAWN FEEDER SCALE W.O. NO. REDBUD SEWER II 1"=200' NONE PANEL NO. PANEL NO. TAX CODE Ni COUY PAGE GRID N0. 028-232 6149 FREDERICK DRAWN BY DATE APPROVED BY DATE COMPLETED BY DATE DWC. N0. S. MICHAEL 062393 NONE 25 19701 a.15 REGENCY HEIGHTS N69611 LA- 17SL c� AB-11.2 1t9925 770�9g 70-1 LIJ z N69613 a 68.15 MH215 8.15 MH217 4 0 3*0 t l t` N17SL LAK f S 25 N69614 (s� �6 J 19702. \DR 19710 17SL N69609 17SL 9 t 50 8.15 j / �� v 40 19711 co r 8.1 :° 8.15 8.15 11SL� 50 N69618 b�8.i5x� 25 y G��tN qE T POND"AY19712 17SL 19 03 / � �� 50 17SL N69615 r^ 19708 17SL m DRB-12.2 r 1 ' 8.15 `_ 75-1 l �''j�a� 25 N69619 S DRB-12.1 / v / 19713 17SL 75-1 ti MH21 8.15 25 75 8'1 N17SL 19716 19817 25 \ 17SL 19704 8.15 N69605 ��q�F REGENCY LAKES N69620 25 17SL 17SL 19714 N69606 17SL 1 5,\�q\Op 0 8.1550 50 19706 8.1 N69607 17S1 b N69608 25 17SL 19707 8.15 .ANNISON L JOHNSTON AITONNTTN AT IATI •INNNTNTTN. TINNINIA l �y ************************************** #5412 REGENCY LAKE ASSOCIATES TO: RIGHT OF WAY AGREEMENT VIRGINIA DEPARTMENT OF TRANSPORTATION ************************************** PK65RG701 THIS RIGHT OF WAY AGREEMENT, made this �',ik day of i\ , 1987, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Transportation, of the second part, hereinafter called the Departments and Frederick County, of the third part, hereinafter called County. WI'TNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 568. The easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to create in the Grantor any contractual right to a degree, standard or term of i i tl/OM a JONMSfO11 MONISM AT LAW 4CM10194. t1AS1N1A OK653PG702 maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or as'it may be altered or amended in the future. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and -of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from a bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) for the maintenance, repair and replacement of said dam and said roadway pursuant to -the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be. reviewed annually by the Department, which shall notify the - Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. it shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the event of a dispute as to a proper amount, the Grantor may appeal the decision of the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide - 2 - NA11120N t JONNltON 411020tis M We W111QNQttt. V1661014 BK653Pc703 ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam: 5. The Department shall have :Such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability: for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - il OK653Pc104 dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easement,is an element of maintaining the surface, base, shoulders and guard rails of said roadway. 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's Highway System. 11. The obligation of the Grantor herein (in addition to being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and sealst REGENCY LAKE ASSOCIATES, a Virginia jertne'rsDiQj- Fiscal Division s Office of Attorney General Date: �K�T A111ItON t .10T111/TOM ATTORNEYS AT LAW j wing"ttTTA. VIRGINIA ,L) ►L) VIRGINIA DEPARTMENT OF *MMHRt M TRANSPORTATION BLUZZ���� (S L) ' DEPUTY COMMISSIONER FREDERICK COUNTY EAL) - 4 - • r. 1B NANNINON i JOHOSTOM A1191N111 Al &AN 11111/1/111 V111101A STATE OF VIRGINIA, AT LARGE, OF The foregoing instrument was acknowledged before me this yl. _ day of . of , 1987, by A/.. n.) as partner of Regency Lake Associates, a Virginia partnership. My commission expires �c ✓�: / 4_/ zY . e7 . j le�n .^. Notary Public STATE OF VIRGINIA AT LARGE, OF lY%ref- To -wit: c 7he foregoing instrument was acknowledged before me this %YV day of/lLti , 1987, by trv>��_4_;li as partner of Regency Lake Associates, a' irginia.,"' tn,gr§tUp, .)ri 11 �! My commission expires f4�7 Not y u 1 a.•/11 •Il,,.�,.,ll•• STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this .;2P'l''day of , 1987, by AC4.A_ .J" as Aa of the Virginia Department of Transportation. My commission expires 41 oac V—WN-otary Publi STATE OF VIRGINIA, AT LARGE, OF To -wit e foregoing instrument was acknowledged before me this day of 1937, by V , as of Frederick County. Y My mmission expires .3 otary Public - 5 - • bK653PG706 ' • d F'S'/9.07 E evgvs rots" Nr, • R•J:rI A.a. • T•%. Char/ Gl Or••+ _ 1 is •off•100O 2.7 s , - K' a /l a' ,• SHADED AREA FOR oED1C,9rV0,V AS EA semco / r 1 %BAR col- N6 •• ARC ! 363.' 696'¢ AG. ARC- /37,8, RE REAtR/ivOER Of' 60 00' % t PAR -EL «1 .. 1�� by 0.3G14 Ac., ��� ' / /.. q so 2 �� 34 ''••' ,i39'f0'S3'�S' /Sl'. 93, %3 L; 100R01°O5E OAM /0 3 M 4: N7G'01 a7-is'-- 4106S' S TO 6 t S 5-5'/9'07'E 60.00, 7 TO 8 : S 88'SJ'20'E 60.00' ARC • 320.11' ARC • 124.5'2' REMA/NDER OF Rf6fNCY L A.fE 4SJ0C1,4rtS 60' GENGY LAKE ASSIx/ATES ,,�-- PARCEZ. •A .. 2.8082 Ac. + , 11 • N rSF'GV' IJ'!'' � a if N E/•Sl W "W ".00' S • Ij 11� 11 pi DUA11E �r z' 13 V nowN NO 28 LAND 6pQ REFERENCES: DEED BOOK 608 PAGES :So, S-4z, sGB, r71 4 S99 c�R�RilR, R CAS PLAT, TO ACCOMPANYBETWEEN SfMENT AGREEMENT ti w REGENCY LAKE ASSOCIATES e Np7ev� ^1 AND THE VIRGINIA D£pr•' OF HIGHWAYS TRANSP0RTAr1ON 3 4'K STONEWALL MA61SrER/AG O/S rR/Cr �' •r + ` FREpER/CK CO(JNTY, V/RG/N/A ly; ; •� AUGUST 14 179 1 SC,6ALC:1 =100 .,• R•VU04 Std.J,1904 'P LcUI,•rt W. elltlq • GJASOCIwo, lue. "--~s es•se'�•ow r •� APPENDIX A 51 I L /1I ouarll•Oas N M.•• 6•r.•. %~ SrATE 7 ' ,qj .y�•N�'•w' Y 11.11 om ii" 1m •«n+w .•mow• VM. PW MLItb no • �b A:%c Wj~lyd'A MAU A;.. anGS3rcl T CLWlA'Acf/NS cc.,/4'n / �y 1 2 ill t _J 30 1 of EN o ,rL -Less 77 � �� t 't�Ej • W' O -- 330.5/ vr' �,v •� iIIl-♦ f �• •'� / 1 • X. GAS I/A�'E I$- Al 1: p 1:3!'3:.": 1tl0fgf ' 21CO.00' A'C tni?. 17w.. Ju. r1YARD �]+.oZ tX.: fR.:ins IT I brlf ZL' ' 33sa7 tfI.M —SH6-4 S)ll0' MW,S 40'f I ster3s". ' �•sosa 11 .o tis.xr t, � r,1 irai sre C UrVr3T' 4400:r (Ori.11 IC11.10 j71^�0' Nl!'9L'I-I r 3: orw (om 011.0 NCO Vlxcr 31131'A6'C i rr21'02' 9'00.00 IItAi 11.31 fnT.11 J B•c•F.')o'E 1 I ws71r I M-cq 1,44"As, 0 G '2 I �u OJFjl�yf.f'p 260.00• Tw 1 o .. t iRE6ENCY HEIGHTS" t t tvl l.�irt's ► '�•� a o P. DUANE C'" ow/nS 40' INGRESS -EGRESS EASEMENT N0. 1285 REGENCY LAKE /OSSOC/ATES t sre�vsf.:..ac 0I461srtsM4e asrxier FAEDERACM CW.VrYs st�st r•:�, •• EA110 6 DULY 31, It" �llb�ri r►. zm I• s os, In& .. APPENDIX B ♦ lw�wtJf>t� � {AND hA1MatJri •.Itltlt WJ tMi Ow p�wM'a •Dom• t.wv Ay �w...MfYsr• Y.pr p.It M:I tIN .1H A.......r.Y/yw dM. I�tlK�•L� dC:; �N♦ fir' W N.:K Cn1111'I• SUI• ��.!.-• a �I NiV w:e ❑.•t•.n.� p• u.. n� Nm .. IY"... �`Y o� . . V •••I•—'. J+ W wAY. c�rU1a..W W Wu..+fv07a�1 U�rvW c►v.+.l - �rfttwd RAT O PdTNTEL COY VISS/OX[R * � 6 7 8 916 EOGAIISACON.JQNESII.I2PRRTOLDISTRICr{iC SrEMENA %K- ,-ALwwrE. ROANOKL SAL[Y JAYESL LAWDION.JA.. LTNCNIURG. LTNC iiOCT 1986 Y PIINAEON[ MORRi'RE RKXVONQ RKX GoC. BOO" MASON. rMGINIA REACN. SL'RRSrCE1V>: N R M ANNO TS. JII . WEEYS /R[OlRN'X CONStANC[ R KINC7140E. CULT!/dR. CC' C IIpERt W SNALLlT. RERRrr/LL( STAL'NTON JOSEM Y GUIEME. ALEXANORIA. NORTNERN VIA T. EUGENE PAWN, WLEAN. AT•LARGd URBAN ROSERT A. GRCKL SCACKSTONL AT LARGLRL•RAL OF PLANNING DEVELOPMENT ®NWEALTH of VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET RICHMONO, 23219 Edinburg, Virginia 22824-0278 September 30 1986 Mr. H. K. Benham, III C/O Harrison & Johnston Attorneys At Law 21 South Loudoun Street Winchester, VA 22601 Dear Mr. Benham: OSCARK MAPNT 06ftm COMMMSONEA J M WRAT JR CWEP ENGINEER J.T WARREN ORK:CTOII OE OPEMTOM JACK NOOGE OINECTOP OF ENGINEERR40 SALLY" COOPER ORIECTON OF RAIL AND PUINX TRANQpRTATiON J. G RMEET OWECTOR OF KANYNG AND PROGRAMUNG AISERTW COATES, JR. OMECTOR OF ADMONSIRATION J, W ATWELL ANCE1 37gqr\0"w (703) 984-4133 '; �, 'S't CM FRED"7iCK COUNry Adrl?ina:raxrs ijhcce Ref: Regency Lake Esta;tgs ,� FredericT-t'z�nrrty �`-� This is in regard to the proposed agreement on the above subdivision you sent us with your letter of September 4, 1986. The agreement has been reviewed by our Secondary Roads Division and the Attorney General's Office. The following are suggested areas to be modified: 1. Frederick County should be made a party to the agreement since the Board of Supervisors is responsible for officially adding the applicable roadways to the Secondary System. The County is responsible for approving the development plats and the County will have oversight responsibility for interim facilities' maintenance prior to addition to the Secondary System. In addition a provision should be included holding the Department of Highways and Transportation harmless for any liability prior to the roads being added to the Secondary System. 2. Change part of paragraph two as indicated on the attached Xerox copy. Furthermore, the subsequent phrasing in paragraph two as to the establishment of an arbitrator to set the surety amount should there be a disagreement. The Department of Highways and Transportation must be removed due to a State Supreme Court ruling - See Deal v. Commonwealth, 224 Va. 618 (1983). 3. Correct the spelling in paragraph three ("extent" rather than extend). 4. Add the underlined to paragraph seven at the end of the sentence: . . R may discontinue maintenance of the roadway over the dam in accordance with applicable provisions of the Code of Virginia. Mr. H. K. Benham, III September 30, 1986 Page 2 5. Bonding on alternate access route to ensure availability should be included. This amount could be determined using the formula in the Department's Subdivision Policy and secured in an appropriate manner until a State maintained alternative is available. The changes suggested here are reflective of the original draft submission. Your subsequent draft agreement removing the associates as a party in being reviewed now as expeditiously as practicable. By copy of this to the developer and his engineer we are apprising them of this review. Do not hesitate to call if there are any questions. Sincerely, W. H. Bushman Resident Engineer WHB/rh Attach. xc: Mr. Alson H. Smith Gilbert W. Clifford & Associates Mr. Paul F. Cecchini Mr. Donald E. Keith Mr. K. D. Walker Mr. John R. Riley, Jr. HARRISON & JOHNSTON BURR R HARRISON 19041973 ATTORNEYS AT L Avv H. K. B M A. HAMMJOHNSTON WINCHE5TER. VIRGINIA 22601 • H. K. BENHAM � BILLY J. TISINCER 7140MAS A. SCHULTZ. JR. RONALD J. BROWN 21 30UrH LOUDOUN STIU*r BRUCE E. DOWNING EUiZABETH &JOHNSTON September 4, 1986 Mr. W. H. Bushman Virginia Department of Highways and Transportation P. 0. Box 248 Edinburg, Virginia 22824 Re: Regency Lake Associates Frederick County, Virginia Dear Mr. Bushman: htAILiNG ADd DRESS: P. 0. BOX 809 TELEPHONE AREA CODE 703 667-1266 Enclosed herewith please find initial draft of instrument to convey easement over dam within the Regency Lake area. Also enclosed please find first draft of Dee_ d of ne4i=.tion for remainder of road from Route 7 through Regency Lake property to Regency Heights Subdivision. These instruments are sent for your review and comments. By copy of this letter I am sending copies to the other parties involved. Please advise whether easement and Deed of Dedication should be both to the County of Frederick or to the Department of Highways or as presently typed. Looking forward to hearing from you, I am HKB,III:krb Enclosures cc: Mr. Ronald W. Rooze,,d Mr. Alson H. Smith Mr. ' Scott Marsh Sincerely yours, 7 H. K. Benham, III , 4- FEB r�Vi�V/�V/ 11' 11 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 RAY D. PETHTEL WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER February 7, 1989 Mr. Scot Marsh Ref.: Regency Lakes Drive C/O G. W. Clifford & Associates, Inc. Loop Road 20 South Cameron Street Frederick County P. 0. Box 2104 Winchester, VA 22601 Dear Scot: This is to acknowledge receipt of your revised plans dated September, 1988. The plans appear satisfactory and are approved. Please advise the developer accordingly. After completion of Regency Lakes Drive, portions of the development may then qualify for acceptance into the State's Secondary Road System. Should you have any questions please advise. RBC/sl xc: Mr. R. W. Watkins Sincerely, Robert B: Childress Hwy. Permits & Subdivision Specialist Senior For: J. B. Kessler Assistant Resident Engineer TRANSPORTATION FOR THE 21ST CENTURY BURR P. HARR15ON 1904-1973 WILLIAM A.JOHNSTON H. K. BENHAM III BILLY J. TI51NGER THOMAS A. SCHULTZ,JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B.JOHNSTON HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 SOUI7-! LOUDOUN STREET December 5, 1986 Mr. Robert W. Watkins Planning Director Department of Planning and Building County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Re: Regency Heights Subdivision Dear Mr. Watkins: kWLING ADD RE �y " . P. O. 4,OX 809 I%^ TELEPHL'5NE AkEA, CODE 70.} :._; 667: L 66 �, Enclosed herewith please find Deed of Dedication and check needing final subdivision plats to be attached. Credit letter from First American Bank was given to Steve Gyurisin. It is my understanding you will review the Deed of Dedication and will contact me as soon as the Deed of Dedication and plats can be recorded. Sincerely yours, ///,/ -; -W H. K. Benham, III HKB,III:krb Enclosure MY D. PETHTEL COMMISSIONER EDGAR BACON. 12:,ETVILLE BRISTOL DISTRICT STEPNEN A. MLISSELWMTE. ROANOKE, SALEM DISTRICT JAMES L. DANIDSOIL. JR.. LYNCNSURG. LYNCHBURG DISTRICT M. P AMDRE HOWLETTE. RICHMOND. RICHMOND DISTRICT C. ROGER MALSON. VIRGINIA REACH. SUFFOLK DISTRICT H. R. HUMPHREYS..M., MEEMS. FREDERICKSBURG DISTRICT CONSTANCE R. KINCHELOE. CULPEPER, CULFEFER DISTRICT ROBERT W. SMALLEY. BERRYVILLE. STAUNTON DISTRICT JOSEPH M. GIBFPRE. ALEXANDRIA. NORTHERN VIRGINIA DISTRICT COMMONWEALTH of VIRGINIA OSCAR K. MABRY DEPUTY COMMISSIONER J. M. WRAY. JR. CHIEF ENGINEER J.T. WARREN DIRECTOR OF OPERATIONS JACK HODGE DIRECTOR OF ERIGREERING SALLY H. COOPER DIRECTOR OF RAIL AND PMLIC TRANSPg1TATION J. G. RWLEY DIRECTOR OF PANNING AND PROGRAMMING ALBERT W. COATES. JR. DIRECTOR OF ADMINISTRATION T. EUGENE SMITH. MILEA N. A RLA RGE URSA N DEPARTMENT OF HIGHWAYS & TRANSPORTATION J. W. AT WELL ROBERT A. GUICKE. BLACKSTONE AT LARGE -RURAL DIRECTOR OF FINANCE 1221 EAST BROAD STREET RICHMOND, 23219 Edinburg, Virginia 22824-0278 October 21, 1986 (703) 984-4133 Mr. Robert M. Watkins Ref: Route 7 Dept. of Planning & Development Frederick County P. O. Box 601, 9 Court Square Regency Lake Estates Winchester, Virginia 22601 Dear Bob: This is to confirm the intention of our letter of which you were furnished a copy of to Mr. Chuck Maddox of Gilbert W. Clifford & Associates dated September 15, 1986 concerning the acceptance of the final design plans on the above development. Part of the intention of that letter was to indicate our approval of the geometric features of the roadways associated with that development. In particular the radii for the connection at Route 7 were approved showing 25 feet for each radius of the connection. This is in accordance with a telephone conversation I had with Mr. K. B. Downs of our District Traffic Engineer's Office. Since the roadway configuration off of Route 7 will be two lanes into the development, the 25 feet radius on the east side will be minimally sufficient. The final chapter on Regency Lake Estates Subdivision Development has not been finished and will not be until an acceptable agreement language is arrived at for the roadway over the dam and the alternate roadway in the event of dam failure. This legal agreement language is very close to being completed, but we will need to get together with you and your staff to determine an acceptable level of surety to be incorporated into the agreement. If there are any other questions concerning the plan review and approval thereof, please do not hesitate to contact us. Sincerely, W. H. Bushman Resident Engineer WHB/rh xc: Mr. Scott Marsh - Gilbert W. Clifford & Associates TRANSPORTATION - AMERICA'S LIFELINES ARw4. A Mlweelwl.R. RtAeMA7C �Afiw p7r1Lf.T JAYesl DAVN39M A. NAcroam NAtwoma aw wttr Y w.1A10we .C"U .axw w.na MCMUD OatlmFer w w MM~M JA. Wanm / awwr C&OTANUM K&03. "CLN =CLQW=GOIbe.T NNW* eHWlT,AOwrRL KXrAewlawaWWff JMM to aawwR.ALCFAw AafR/QIT MONO 8AHLVr r 1UQM IROK 094#^ Arueammx GONNA 0U1=LALACWM 4ArLeea"LiL4L COMMONWEALTH of VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET RICHMOND, 23219 Edinburg, Virginia 22824 (703) 984-4133 June 16, 1986 J Y YMAT JA COP ffftrA*1* J TWA." oweaw OF ore"nom Jam .Dote aweCTaw OF 1W,&*ewa &ULTM COON oweam O tiLA.YRfac TwAI WOO as." OMC1a O een.�o Aw. R10rJ1Y.. JI{/eAw C""L.P awe M W Aae.. VWA"W A w A AUL sweaosaswwAAM Mr. Charles E. Maddox, Jr., P.E. Ref: Regency Lake Estates Subdivision C/O Gilbert W. Clifford & Associates Off of Route 7 20 South Cameron Street Frederick County P. O. Box 2104 Winchester, VA 22601 Dear Chuck: The following is to clarify and consolidate the' various reviews and recommendations pertaining to the proposed development with reference to the last correspondence from you dated May 30, 1986: 1. Road Crossing Dam: The developer's engineer will provide the dedication documents for the roadway easement crossing of the dam in lieu of right-of-way. These documents will have to be submitted to the Central Office for signatures by the Legal Section. and Departmental officials. Prior to occupancy of the first lots in the subdivsion, the loop road will be graded with an aggregate base surface to be used in event of dam failure. Dedicated right-of-way should be provided at this time for the loop road. This matter was called to your attention in our letter dated January 13, 1986, item number seven. 2. Traffic Signal: A note has been added to the plans to the effect the developer will install a traffic light signal at the intersection with Route 7 when traffic, in the opinion of the Department, justifies it. 3. Main Entrance Road: The 200' taper and 200' storage lane have been provided along with the 12' width required. There is still a problem with the 15' turning radius which has been further reviewed by the District Traffic Engineer. We ,=re attaching a sketch showing the ` hieel tracking of a WF-40 vehicle which requires a minimum 40' radius. It is, therefore, requested you redesign the entrance to show a minimum 40' radius for the traffic entering the development and a 25' radius for traffic exiting the development. It appears the 25' radius can be obtained without additional right -of -way. The drainage in the intersection has been overlooked in previous reviews. Therefore, the attached drawing shows what is required in the way of curb inlets and storm sewer. A pipe will be required under the westbound lane of Route 7 to discharge the additional runoff into the median. 4. Commercial Entrances: The proposed commercial entrance is to be located a minimum 25' from the end of the 40' flare radius of the intersection. TRANSPORTATION - AMERICA'S LIFELINES Mr. Page June Charles .2 E. Maddox, Jr., P. E. 16, 1986 5. Entrance Road: The horizontal curve at Station 4 + 00 is more minimum than would be desirable. The •130' centerline radius would meet the urban local street design for 20 MPH design speed; however, we are recommending at least a 160' centerline radius be provided. It appears the road could still be constructed within the existing dedicated right-of-way. The extension of the 40' curb and gutter section and taper to 24" pavement appears satisfactory. 6, Estate Drive: Estate Drive has been revised to show 22' pavement width. 7.& Utilities: The utilities proposed as they related to the design of the 8. streets should be reviewed by the Department's utility representative. 9. Dam Plans: Certain revisions have been made to the dam design in accordance with Mr. H. M.•Shaver's letter dated May 28, 1986; however, no rip rap is shown on the west lake dam for the emergency spillway outflow down to the existing channel. The District Materials Section have been give a copy of the Geotechnical Report of the dam sites prepared by Foundation Engineering and are reviewing it for the structural adequacy. 10. Pavement Design: The final pavement design will be determined by a CBR tests conducted by the Virginia Department of Highways & Transportation at the expense of the developer.. This request should be received after the rough grading has been completed. However, if the developer has already ran CBR tests, these should be submitted to the District Materials Section for his review to determine actual pavement design. 11. Drainage: In general, the roadway drainage appears satisfactory with the exception of some minor revisions to pipe sizes and additions, such as erosion control measures, underdrains, and ditch configurations. The typical section for the roads that will be taken into the systems, including the subdivision streets, should show a 4' ditch width and 3:1 slopes as a minimum. Swale ditches are to be -provided thru all drainage easements with sod turf established or use of soil stabilization mat Standard EC-3 where recessary for erosion control. When the above comments have been added and shown on your revision, please resubmitted for our review and the Central Office Hydraulic's review. Sincerely, K. D. Walker 14 Inspector For: W. H. Bushman Resident Engineer KDW/rh Attachments bcc: Mr. H. W. Shaver, Jr. Mr. T. R. Blackburn Attn: Mr. C. F. Boles Mr. J. B. Diamond Mr_ n_ F._ Keith R+I,c W^r%^r�I,l- Me]�.. BURR P. HARRISON :1104 197 WILLIAM A.JOHNISTON H. K. BENHAM IZ BILLY j. 7I5INGER THOMAS A. SCHU LTZ. JR. RO*.'ALD J. BROVPN BRUCE E. DOIX N41 c; ELIZABETH B.JOHNSTON HARRTSON & JOHNSTON ATT'O RN E YS AT WIN CHESTE RGI:NIA 2260; 2: SOUrN LOODJCK 57R_c' October 6, 1986 Mr. W. H. Bushman Virginia Department of Highways and Transportation P. 0. Box 248 Edinburg, Virginia 22824-0278 Re: Regency Lake Estates Frederick County, Virginia Dear Mr. Bushman: MAILING ADDRESS: P. O. BOX 80S TELEPHONE AREA CODE 703 667-126E 789) ��,, , RE'FREDERICK COUAdmins , 'Ors U SY- "f b 1. In response to your letter of September 30, 1986, please find enclosed herewith a copy of the revised right of way agreement. Please advise whether this complies with your requests. I have enclosed an original of the agreement for execution if the agreement is satisfactory. Sincerely yours, H. K. Benham, III HKB,III:krb Enclosures �lbN5b91 cc: Mr. John R. Riley, Jr. Gilbert W. Clifford & Associates o OCT1986 NMr. Ron Rooze ofCE/vj AND OF pl c MflP s.-9c- COUNTY of FREDERICK May 5, 1994 Mr. Jim Casterline Oakwood Land Development Corporation 2225 South Holden Road P.O. Box 77013 Greensboro, NC 27417-7013 Dear Mr. Casterline: John R. Riley, Jr. County Administrator 703/665-5666 FAX: 703i 667-0370 I am writing to ask for your consideration and action on a proposal that will be mutually beneficial to your company, the residents of Regency Lakes, and Frederick County. When the original Regency Lakes site plan and master development plan was submitted in 1986, it was approved with the understanding that a traffic light would be required for Route 7 and Regency Lakes Drive at some point during project development. It was acknowledged and understood that when the Resident Engineer for the Staunton District of the Virginia Department of Transportation indicated traffic levels exist which justify this traffic light, then it would be installed by the developer or the Virginia Department of Transportation at the developer's expense. Mr. William H. Bushman, Resident Engineer for the Staunton District, has informed Frederick County that the need for a traffic light now exists at this intersection. The combination of the level of traffic generated by Regency Lakes development and the projected levels of traffic the proposed Sheetz convenience store will add to Regency Lakes Drive, has established the need for signal light control. It is important to note the original approval agreement of your development required that the Regency Lakes owners bear 100% of the costs associated with providing the traffic light. Sheetz, Inc. has recognized the impact their proposed development will have on the level of traffic on Regency Lakes Drive and has stepped forward and agreed to pay half the cost for installation of the light. This proposal from Sheetz, Inc. is very generous and one we believe you will want to grasp because of the savings to your company. 9 Court Square P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page 2 Mr. Jim Casterline May 5, 1994 I am enclosing a copy of the agreement for your review. I would appreciate it if we could work out an agreement for the funding of this traffic light as soon as possible. I look forward to your earliest reply. Sincerely, John R. Riley, Jr. County Administrator JRR/Icb enclosure Edinburg Residency Vr-"T T E L : 1-7CD --- —` - �-5h0 Ma,l 4 +4 113 Flo .007 P .O1 gilbert w. clifford & associates, inc. 114CORPORArCO 1972 ON AMA$ Corporate office: 150C OICe Greentivlch Orive • Fredericksburg, Virginia 22401.4M8 • (703) 898-2115 Winchester Office: 20 South Cameron Street • P.O. Box 2104 • Winchester, Virginia 22601 • (703) 667-2139 May 300 1986 Mr. Bill Bushman VDW&T Box 278 Edinburg, VA 22824 RE: Regency Lakes Estates I Dear 81 It, In accordance with the various -comment letters received -and included with your lett>r�'.q.L( May 29, �986 to>t1r. RdbertW.,Watkibs,`��re.'offer the foll**fpg reply We address these 1Tms 1n n� partfcuiar`ocder:�? ''�-..�'aea� trassf Gam» lss��• •;�, , ,-�' '� We understan t-thatthi hydrologi y Use have: been dispensed.,with and that' .4et remoi✓ns is the legal issue as to how dedicati©n of-lbe+oadwawill be iccompliaMd.�F' we understand yait,:1ioiicy with- regard;. (a two access points ;for..;ftie. proposalNRegency Neigfits'Subdivi'sion. a will, propose dedication 06ments'consistent` with those sample . docurrients previously.. forwarded* to us and the" owners 'ettorneg is working on this of 1hi s time. This will allow for on easement crossing of the dam in lieu of fee simple dedication. It is proposed that prior to occupancy of the first lot in the subdivision the loop road around the lake will be graded and an aggregate base material Installed so as to allow for a passible condition for subdivision traffic in the event of dam failure. A permanent easement or right-of-way along this road will be provided so as to allow the right of usage by subdivision owners. X;?�- V0Pz1Pt- The owner acknowledges the fact that a stop light will be DOAAD OF 01RECT0R3 Thomas J. O'Toole, P E. Charles E. Maaaox, Jr., P.E. Earf R. Sutnerlana. a E. P. Duane Sro• ri. C.L.S. William L. WrlQht. Lacaralcry Oirec;or Edinburg Residency VDI-IT TEL: g. W. clifford & associates, Inc. May 30, 106 Page 2 May 4 . ` 4 1 18 Flo . 007 P . 02/C required at some later point in project development. It is acknowledged and understood that when the Mighway Resident Engineer indicates traffic levels exist which justify this stop light, then it will be Installed by the developer or the department at the developers expense. A note to this effect has been added to the plans to satisfy County requests on this matter. 3- Rt. 7rY? rcrW-A- In order to meet your requirements, the east bound tans has been provided with a full 200 foot toper and 200 foot stacking lane. The width of the turning lane on the east bound and decell lane on the west bound lone have been changed to 12 feet from 10 feet. We have provided a 3 to i taper on the west bound lone as requested. The turning radius on the east side of the project intersection was shown to be 15 feet in order to maintain the road improvements within the existing right-of-way. A 40 foot radius will require the addition of right-of-way. It is not known at this writing if such an acquisition is possible, however, we are checking. It should be pointed out that the purpose of the pavement widening and traffic control stripes was to allow for adequate turning radius on a single lane end condition. With a 16 foot single lone into the project, we believe adequate radius exist with the 15 foot radius shown. We do acknowledge that a larger radius would be better and we are attempting to work this out and will reply as soon as possible. d-C$mmef rfal Rnlrartcla- The commercial entrance design standards have been revised to conform to your request. Also the location of these entrances are to be fixed persuant to the 25 footset back from curb return points. The lane configuration at Edinburg Residency war—T TEL: 1-703-984-5607 Mau 4,94 13:18 No.007 P.03%: w. ciifford & associates, inc. May 300 1986 Page 3 the entrance has been revised persuant to your request. The existing culvert and guard roil at the crossover point on Rt. 7 have been shown as not existing in accordance With actual field conditions. 5- B*?ft C& AVd- We acknowledge the fact that the degree of curvature at the first horizontal curve on the entrance road is minimum In nature. We have discussed this situation with the owner early on in the design and he has attempted to obtain additional right-of-way to increase this curve radius and has been unsuccessful. We understand that the geometric design as proposed including additional curb and gutter as revised on the attached plans is satisfactory to meet urban design conditions and is therefore satisfactory for this project. cf- fstlats J WW h'IOYA- We have revised Estate Drive to shown a 22 foot instead of a 20 foot width in accordance with your request. 7- fxlstfng 67111t18.s 51twtIm- We acknowledge your concern with respect to gas main and electric line locations with respect to roadways. The contractor has been informed of special conditions relating to this situation and a preconstruction conference on this project will be held, including represenatives from each utility as well as the Ya. Dept. of Highways to further coordinate this issue. e- wllty Re1V1S1O e- Please note the attached letter dated Hay 30, 1966, to Mr. Edinburg Residency 'J TEL : 1-703-984-5607 171-1 -1 .'?=1 13 : 18 No .007 P .Oa., rr. clifford & associates, Inc. 'rlay 30, 1986 Page 4 Wellington Jones which itemizes certain utility changes which have been made but which not affect your situation except for you to know that they exist. 96 Dam P/Ma. Certain minor revisions to the dam plans have been made consistent with comments made from the hydrology section. The 50 foot spillway has been retained in lieu of the 40 foot for conservative design purposes. !Q- Parma! Des/P2r We acknowledge a letter from Mr. Don Keith, of May 2% 19e6, which establishes certain design sections for pavement on this project persuent to a traffic analysis performed by the YDH&T Traffic section in Richmond, Ya. We understand that these design sections are tenetive and are given to the owner for the expressed purpose of budgeting for construction costs. Actual sizing of pavement would be done after CeR Tests are available. We understand that your office must run. the CSR's, and this would be just prior to the point of establishing sub -grade on this project. Attached Is a summary list of our original design and also what you propose as a design section. Due to the substantial difference between these two pavement designs and the attendent Increase cost, we expect more dialog between the developer, the engineer, and the Highway Dept. to continue an this subject. Since this is normally a matter which is ironed out during the construction process, it is our understanding that this matter need not be decided out prior to conditions of the site plan approval by Frederick County, Ya. For this reason, the owner desires to proceed with CeR tests and perform additional design studies prior to an actual determination of pavement design. Edinburg Residency V"T TEL: 1-703-984-5507 clifford associates, inc. 300 i 9e6 Page 5 May 4,94 13:18 No.O07 P.05 We trust the above is a complete summery of your concerns and we trust our replies have been satisfactory. If in your review you hays any questions or comments, we would appreciate hearing from you at your earliest convenience. We are returning your red marked plans for your quick reference. We thank you for your prompt attention to this matter and we look forward to any reply you may have. \ Yice Prestoent cc: Mr. Al Smith Mr. Sob Watkins, Frederick County Planner ;Mr. Rupert Werner, Perry Engineering Co., Inc. Mr. John Dr1 ggs, Dri ggs Corp. Mr. Don Fowler Mr. Bonnie Benham Ott CEM,Jr/ j ew Edinburg P.a_;iden-ly V DEL: 1-703-984-560-1 M , 4,94 13:18 No.007 P.06/C ti7- Edinburg, Virginia 228214 (703 984-4133 y 29, 1986 Mr. Robert W. Watkins Planning Direc.a: C/O Department of Planning 8 Development 9 Court Square, P. O. Box 601 Winchester, Virginia 22601 Cam_ "— This is in regard to the need for comments from us relative to the final site plan approval for Regency Lake Estates Subdivision. Our comments here are not to be construed by any one as final approval by the Department of Highways and Transportation of this subdivision plan. Final drainage analysis and actual pavement design are incomplete and will be incorporated into the approved final design plans when available. Interim design have been furnished the developer and his engineer for planning purposes. The basic plan and most roadway features have been reviewed previously by the Department and accepted or modified for acceptance. If the dam c ncept is retained, the previously furnished agreement governing the access to Phase I must be formulated. A guide has been furnished. The proposed entrance on Route 7 must include the recomaeersded features as outlined in the memorandum from Mr. J. B. Diamo:%d, Staunton District Traffic Engineer, ecpjr attached. This includes all work associated with adjusting the median crossover and attendant turn lanes. You will note :sir. Diamond indicates the full development scheme will require the installation of a traffic signal at this location, the cost of which is the developer's responsibility. Also attached for your review are the continents made by Mr. D. L. Camper, Assistant Secondary Roads Engineer. We understand the developer and his engineer have been infcrT.*d of them previously, though to date we have not seen plans reflecting these changes. We would hope - is provides you with sufficient information to make your Judgements. If additional clarification is necessary please let us know. Sincerely, W. H. Bushman, P. E. Resident Engineer xC: Delegatc Alson H. Smith, Mr. C. E. Maddox, Mr. K. D. Walker Rev. 06/13/90 INFORMATION NEa• aD• PRIOR • ACCEPTANCE OF SUBDIVISION STREETSINTO STATE SECONDARYSYSTEM. Subdivision streets may be considered eligible for acceptance into the State Secondary System when: 3 built according to plans approved by the Department of Transportation, properly maintained since completion and rendering a public service (serving three (3) occupied dwellings or three (3) businesses per street). THE FOLIUAING WIIL BE REQUIRED TO BE FURNISHED TO THE COUNTY PIANNING DEPARTMENT AT IEAST T.u• :) *DAYS PRIOR To ADOPTION OF E RESOLUTION .E :••.• OF •a• S•. REQUESTING THE ••D• 1. One (1) copy of as -built construction plans showing: - Roadway geometrics - Drainage and drainage easements 2. Three (3) copies of the final plat with date & place of recordation, deed book number and page number 3. Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule.) 5. Maintenance fee - check payable to the "Virginia Department of Transportation". It is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 30th). No maintenance fee is required if the addition is effective July 1st. (See reverse side for schedule.) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE DEPAR'MU OF TRANSPORTATION BY THE 1ST OF THE PRECEDING MDNTH. (30 DAYS) LIP 2-LANE STREET Minimum (up to 0.25 mi.) From 0.25 to 0.50 mile Over 0.50 mile 4-LANE STREET Minimum (up to 0.25 mi.) From 0.25 to 0.50 mile Over 0.50 mile X i• SUBDIVISION STREETS C i� 1.iaA1`� $ 3,750 $ 7,500 $ 1,500/tenth of mile and fraction thereof $ 7,500 $15,000 $ 3,000/tenth of mile and fraction thereof MAINTENANCE FEE $ 375/year 750/year 150/tenth of mile and fraction thereof /year 750/year 1, 500/yeear 300/tenth of mile and fraction thereof/year A two lane street, 0.35 mile long, is processed for addition effective September 18. Therefore, surety is required for four -tenths mile and maintenance fee is required for ten months. Surety required: $7,500 Maintenance fee required: $750 x 10/12 = $625 A four lane street, 0.78 mile long, is processed for addition effective February 4. Therefore, surety is required for eight -tenths mile and maintenance fee is required for five months. Surety required: 8 x $3,000 = $24,000 Maintenance fee required: 8 x $300 x 5/12 = $1,000 ,x� t r?r+p11'��0"i'a,�s:� r�xr A' •+'j�r�'!': b yt•y:p •'=�jts ` ' tz� 1 4`• c `1��'�� :vll fi Lei r"1 F: t ''� j�X1+ .+ -F ,� THIS DEED OF DEDICATION (REGENCY HEIGHTS), made and dated this SI411 day of U'l'ba/2+ , 1986, by and between Regency Lake Associates, a Virginia partnership, party of the first part, hereinafter called the Grantor; THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee; and The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia, party of the third part, hereinafter called The Apple Cart. WHEREAS, the Grantor is the owner in fee simple of a certain tracts or parcels of land situate in Stonewall Magisterial District of Frederick County, Virginia, to -wit: All of those three (3) parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, located in Stonewall Magisterial District of Frederick County, Virginia, lying and being situate on the North side of Route 7, just East of Winchester, Virginia and more particularly described as Parcels A and C and as Regency Heights on the plats prepared by Gilbert W. Clifford and Associates attached hereto and by this reference made a part hereof, and being a portion of the properties conveyed to the Grantor herein by deeds from (1) Kinross Farm, et al, dated December 20, 1985 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 589; (2) George W. Baker, Jr., Personal Representative, et al, dated December 18, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 568; and (3) Frances E. Hulver dated December 19, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 558; as well as a right of way from HARRISON 6 JOHNSTON The Apple Cart, a Virginia partnership, et al, dated ATTORNEYS AT LAW WINCHESTER. VIRGINIA HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA December 27, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 562; and, WHEREAS, Parcel AA (see Appendix AM and a portion of Parcel A is owned by The Apple Cart, subject to a right of way to the Grantor herein, and The Apple Cart desires to join in the dedication of Parcel A; and, WHEREAS, the Grantor now desires to subdivide a portion of said land into lots to be known as Regency Heights and to evidence that the subdivision, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desire of the undersigned owners and that the said Grantor does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of Frederick County, Virginia and further to dedicate certain roads, to the County of Frederick, Virginia. NOW, THEREFORE THIS DEED OF DEDICATION WITNESSETH: A. That for and in consideration of valuable consideration, including the benefits which will accrue by reason of this dedication, the Grantor does hereby subdivide the land designated as Regency Heights, located North side of Route 7 in Stonewall Magisterial District of Frederick County, Virginia as more particularly described by the aforesaid referenced plats, and does hereby dedicate to the Grantee Parcel A, Parcel C and that portion of said Regency Heights subdivision land, designated for a road, a drive or a place, even thought the same may be referred to as a right of way, all as more particularly described on the aforementioned attached plats, and does hereby create a public right of passage over same. B. The Apple Cart joins in this instrument for the sole purpose of and does hereby dedicate and convey to the Grantee - 2 - nrs�pwb`� �.f+Iy t q7}y� v ! yi :'•r 4rt� f Jp <.. t�i r' S HARRISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA all its title to and interest in Parcel A and Parcel AA. C. All the lots, as shown on the plat attached hereto, shall be subject to the following restrictions, which are covenants real and running with the land and shall be binding on all subsequent owners of the said lots, and each deed, by recitation or by reference, shall contain these restrictions: 1. All lots shall be used for single family residential purposes only. No detached garage shall be permitted on any lot. Any utility or other out building on any lot shall be of the same material and construction as the main structure on such lot. 2. No signs or advertising of any nature shall be erected or maintained on any lot except for sale or rental signs for said lot which signs shall not exceed five (5) square feet in area. 3. No boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 4. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 5. No fence or hedge shall be constructed or planted in the front nor along the side (not applicable to corner lots) of any residence nor within twenty-five (25) feet of any street. - 3 - HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA Rear fencing and hedges shall not exceed six (6) feet in height. All fencing shall be of wood construction. 6. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 8. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup. 10. No exterior clothes lines, or hanging device, shall be permitted on any lot, except for an umbrella type with a diameter not to exceed seven (7) feet, provided, however, that the same may only be used in the rear of any building constructed on said lot and the clothes line is stored within a utility building or the equivalent when the clothes line is not in use. 11. Every owner shall provide his lot with off-street parking space of at least 450 square feet, which may include all area in any driveway located on the lot itself, to be used by the inhabitants of the dwelling house located on said lot. Parking on the street shall be prohibited and it is the intent of this restriction that parking space for at least two - 4 - .. '�t���.K� .f^3�! �♦�_ �i ::F � �r`;2 r94rLT,�'� h �S F:M1r7 e• w�a.tF .�1r � ��o� � 4 �Y� r ♦ � FY t HARRISON R JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA vehicles be provided. 12. There shall be no planting, structure, fences, shrubbery, or other obstruction to obstruct vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five (25) feet of the intersection of any street lines. 13. All split foyer dwelling houses shall have 600 square feet of living space on each floor, excluding carports, garages, and basements, and rancher style dwelling houses, shall have 900 square feet of living space on each floor. 14. All dwelling houses constructed, if said dwelling house has a chimney, and the chimney is flued on the outside of the dwelling house, then all such flues shall be entirely faced with brick or with the same material that is used on the outside of that dwelling house. 15. All lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements of the Frederick County Subdivision and Zoning Ordinances. 16. All of the covenants and restrictions herein shall remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Regency Heights shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 17. The Grantor reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these =0= ::�cfna-.°sij.+j..��"°'��,•E -a ♦y� !'�' ,, K:�:'y �t�j-tom' „t�,;.a�+�^S .,,fir T`!.4 .t.: 1Y �1,a Y�f''. '.'t,( 5�.:�.,;..:`;<{a -.' _r-'�'•.', t, HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VINGIIIIA provisions upon any other lots. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 19. The covenants and restrictions herein contained shall not impose any restraint on any land now owned or hereafter acquired by Regency Lake Associates, a Virginia partnership, other than the subdivided lots shown on the attached plats as the Regency Heights Subdivision lots. D. The Grantor reserves for itself and its assigns an easement ten (10) feet wide, along all property lines of each lot for the purpose of installing any utilities including, but not limited to, electrical lines, telephone lines, water and sewer lines and television cable lines. E. "Open Space A", "Open Space B" and "Open Space C" as noted on Page 21 of Appendix B attached hereto shall be conveyed to the Regency Heights Property Owners Association, Inc. (hereinafter called "The Association"). All rules and regulations for the use of theses three areas shall be set by The Association. The Association shall be operated by the following By-laws: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot shown on the attached plat 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 �'"�'{'T`.:'}2� �.=�"t _�-. o}• ;#. V .r 1�.�'�-cdJ� y.!'ir.. :+ r r:�;.r�' •:� � ±'••" x •:it i w:::..y t .a;" �-'• •:.� HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and continuing qualification for membership. (2) Each member shall have one (1) vote for each such lot owned by that member. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in Regency Heights. (3) Each member shall have a right and easement of enjoyment in and to the "Open Spaces" as shown on the attached plats and such right and easement shall be appurtenant to and pass with the title to each lot, subject, however, to the conditions and restrictions placed thereon by The Association or hereby. Furthermore, each lot owner's right to use the "Open Spaces" is conditioned upon his payment of the annual assessments noted below and his compliance with the rules and regulations of The Association. (4) The members of The Association shall hold their annual meeting on the first Saturday in April of each year, at which meeting the members shall elect the Board of Directors of The Association, which Board shall initially consist of three (3) members, all of whom must be lot owners. The number of Directors on the Board and the date of the annual meeting may be changed by the membership at their annual meeting. At this annual meeting, The Association shall also designate one of the Directors to be the President and the other a Secretary - Treasurer. The vote of the members shall be by majority vote of those present or represented at the meeting by proxy. The President shall have the authority to call special meetings of The Association for any purpose by giving at least ten (10) days written notice mailed to the last known address of each member. - 7 - • .Y� �rttiY•I'•:t�` j. ` A.�J�.. r * }..-�xK V+.i:,j.:� a' .c "tirr t s�i t� s: �'t� �5. . t , •�t� V ?•sc.r.+.:�•i.,� r .F.w::•...r..i,.,�,. 1 t• �•s.• ... •r •J' HARRISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA (5) The Association, if authorized by members holding two-thirds of the members' votes, may dedicate or convey to any utility or public entity any of the Association's real estate. (6) An annual assessment, beginning in 1987, shall be made by The Association for the purpose of maintaining, im- proving and perpetuating the "Open Spaces" and the recreational facilities thereon and of maintaining street light service to the subdivision. Expenses of maintenance, improvement and perpetuation shall include, but not be limited to, the payment of real estate taxes, insurance, repair and replacement of facilities, legal and accounting expenses and other expenses necessary to operate The Association. The annual assessment shall be owned by the owner of record of each lot as of January 1 of the year of the assessment. The annual assessment for 1987 shall be Fifty Dollars ($50.00) per lot and shall be payable on or before the first day of June, 1987. The amount of each subsequent annual assessment and the time at which it shall be payable shall be determined by The Association at its annual meeting. The amount of the annual assessment shall be set at an amount intended to accomplish the purposes noted above, including the creation of a reserve for anticipated expenditures and emergencies. The Association shall notify each lot owner in writing at least thirty (30) days prior to the assessment being due. Failure to pay an assessment within thirty (30) days after the mailing of the notice shall result in the incurring of interest by the lot owner of twelve per centum (12%), per annum, with the lot owner being subject to the cost of collection, including reasonable attorney's fees, in the event the lot owner fails to make timely payments. All written notices of assessments shall be to the last address given in writing to the Treasurer of the lot owner. The owner of each lot in the subdivision, by acceptance of a deed thereto, is deemed to covenant and agree - 8 - -• T 4ser'i' r f *..r4"Na r HARRISON 6 JOHNSTON ATTORNEY! AT LAW WINCHESTER. VIRGINIA to pay to The Association the annual assessment described above. In addition to being a personal obligation of the lot owners, the annual assessment shall be a charge and lien against the respective lots subdivided herein, but the lien shall be inferior and subordinate to the line of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, encumbering one or more of the lots subdivided herein, unless record notice to the contrary is given prior to the recordation of such deed of trust. If the owner of any lot is in default in the payment of any assessments, in addition to any other means of collection, The Association may bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertisement once a week for two (2) successive weeks, in a newspaper having general distribution in this County, and after thirty (30) days written notice mailed to the last known address of said owner. Cost of the sale shall be paid from the proceeds of sale before payment of the amount involved. No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the "Open Spaces" or the abandonment of his lot. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Vi_ rginia partnership By ze SEAL) 0 Partner EAL) - 9 - ain f`i' TiY r ✓ qy� s r f} �,.Ys,t„�.2 .+X r . < " v s �s+.� ft. .'�4 i, •..♦ .;'JP r ,r•w�. r _ . ., S y HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA THE APPLE CART, a partnership created under theaws of the Couggpwealth ,f Virginip� Partner Td BY(SEAL) STATE OF VIRGINIA, �A'�y� Par ner OF To -wit: The foregoing instrument was acknowledged before me this / ® day of LO 19 8 6, 'by A /S o,) as partner of Regency Lake Associates, a Virginia partnership. My commission expires Notary Public J S ATE c lW-OF <<i ,q To -wit: 4he forego in instrument was acknowledged before me this , if day of , 1986, by ) a�-Gz-cam /'tom.. as partner of Regency Lake Associates, a V ginia partnership. My commission expires tary Public 1 STATE OF ld _ OF 1 t, c- C.�c �.. t L , To -wit: The foregoing instrument was acknowledged before me this '= day of �. It_ NJ , 1986, by (�I �( ��(. pia as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. - 10 - t q1�� 7TMr�'Pfj� t rr :."'r4 3 � i'..'`s !� L,�..pC t .<..'�n'. ° � : r . :'�• � t•:'y".. '..4t:.:.' r F' y �.:;`' • '� My commission expires I CI CIO Notary Public STATE OF OF �i.f L;�<< IL_L <� . To -wit: The foregoing instrument was acknowledged before me this j I lU 1 day o f �l F- ��(, ��� .C-�,�) , ' 19 8 6 , by V . as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. My commission expires IOct U I � Notary Public HARRISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA l c.i T� w 1 ~ N `T � 60 38 SO. FT. PARCEL AA 0' IRF STATE RoarE i IRA, - 0,61voTES IRON ROO FDUND 0 ) P. DUANE c o . BROWNa, NO. 1285 Ao ISO LAND P1,47 .17MOb,'/NG 38 SQUARE, FEET OF LAND J ANO/NF /N MENAAE O1F ALFRE4 L . SNAPP ALFREO L : 'SNAPP dR.' L O7CATIP 1 /N .r STC�NEPIALL /`1A6-1Sr£h'1AL L7/.qrR/r�T A APPENDIk AA AA'F0fA'11X-011NrY VIRMIVIA - Alf gilbert W. cl f associates, inc. y �� ENGINEERS — LAND PLANNERS 1S0-C Old* Greenwich Drive SURVEYORS frvMrlcksCurg, V1ry1nM 22401 (703) NN•2115 Wktch*#Iw. V 20 MClu Sheet hpIMO I260I (70.1) 64 IN7-3135 i N/F DANIEL MACKLIN -- _ S 66*/657"E,r/389.94, 200.44' > rn a S 28001�51" E,90.56' ILIl u W, aV6/ 2d DRAINAGE ESM'T. o� Z S 56 42'01"W --196.42' S 4600948 W96A2 S 34*21'17" W 95.97' S 55038�43" E 123.22 102 ' :t9$ _0 31 S 23G01 /9 C, i. 17 r.: \ W, `t l 20 ---' N ap �--N23cp ,�" �: �`4`0 h N —687 , OFEH,� ' 8, „ �$ C i ,� .M _ -_ 1 I 5 41 W^-120pp, 2.r244�A �E B„ s \ 3 , "� �. SAN SE i 5G3g4 �3�y T6 W EI? r ' = ::;, l 11.32' S 760 W, 42.09, 2 �� 0247' OI, O DRAINAG € � r Cr `DR. ESl �—S 12-5p,20„ E,�"35. ES41 E t7 N / I W-160.Op'•Zt r P � 2 10" SAN. SEWER `o ,� o� •N S6802030 E.,-291.29 S56G3pp �, ,.�316730 of o ESM T._20� DRAINAGE ESM T. O E-� P, �h OPEN SPACE "q" 374.31 S 77 43 E \•, (o W = 409.22� `- ti 4.2462 Acres o 4,43:�. IV 77 2 F F ENN1S T. N ,EDWARD D COLE °► RICNARD OSTELLO FARMER N/F ' - LONNIE RIGGLEMAN ���•TK©•��, A-EGEIICY HEIGHTS P. DUANE �'..+ DATE: MARCH 26 1986 SCALE: 1"= 200' s��N SHEET N0. 1285' 1 ��9 OA- gUbert w cliff iatee. inc.21 �y r OF CFO LAND SJ¢a ENGINE[ IS — LA O 1113 Pl Sol2 I 150-C OKh Or"nwleh O,h* SOCrMen .$&l Fnd�Aek.Av,v. VIrvM4 t2101 1703) /f0-2113 WkwhooleW. VMpiw tl001 (7071 M7,21S0 2 "03�03' . /�,� ' 07'44 i. I CuRV� TA8[.E A.a • �r-a,.• ch..d ci. 3 9. t Si 7.1' 31.1.16W nV o • / .o N 501.4 / :Nmry.xpjmm m-vml vmem�l lml ll I 0..�..�.t, m SHA DEO AREA FOR DEDICAT/O/V AS "EA SEMEN T P�RcE•'L 'B 0.6964 ,4c. ARC= �PfMA/NOE,Q OF RE E 0 r 0 S bTo/9'07 PARCEL "C "" 1b°' 0.3614 Ac., • � �v Al 6 � / / Si /.e qY,�� 9 2 J Sp .S3" /59.93, b PROPOSE DAM '•:i� S 76'02'47"E- ,39.70' �: '• To 3 : S/?°SO'20"Wy TO 4 : N 76 '02 '47"W 40. 6 8' TO 6 : S SS'/9'07 "E — 60.00' �7 TO 8 : S 88'S3'20"E ^' 60.00' ARC = 328. 8 ARC = /24.5'2,' REMA/NDE� OF REGENCY LAKE ASS0C1,4TES 60' E G N C y LAKE ASSOC/AT,ES � — PARCEL "A •• 2.8082 Ac. it 13 -N 48'OB' 23"-- 1) 49. 46"' % r ,V 48' 08'23 "E . ' 23 r OL N 4/°5-/'37" WV 60. DO' yJ• \ _�• �� SALT)l v , P, DUANE O, 13 V �.� BROWNz'�..,„ Y N0. 1285 Y \ 3 t . LAND 5 0. REFERENCES: DEED BOOK 608 PAGES 14. �1 PLAT tM ACCOMPANY EASEMENT A6RFEMEN ►� O ,� „ BETWEEN ti'/� ISEGENCY LAKE ASSOCIATES s. aA' I4Y a "I ESTgTE 1 AND THE 4► VIRGINIA DEPT. OF HIGHWAYS * TRmvSPoRTAT/oN ti � ' •••'� `_• � •� STONEWALL �'MAG/ST.ER/AL b/STi?/Ci FREDER/CK COUNTY, V/RG/N/A .� i; ;� AUGUST 14, 1986 SCALE: I"=200' Revised Sept.3, 1986 _ gilbert w cliff isxee, inc. APPENDIX A 61. SS ENGINEERS — LANG PLANNERS SURVEYORS /� OV TE ISS•C OI°. G.~w6ch OnCa~on is South c.°n S~ STATE F.oMCY.4Wp. VVpinb 7J.5/ 1-7031 8954115 WhWh SIN. VIrSIM. tnof 47571 N7-5175 0 3 ssq. r r, -LI)kli �► all,- C Y Dl -fLjz .ram 1J `\ �e • r� �l � s � po A- s do .Vb crr 1 C Q �Lw cQso o U Vr-> off' FC clar T �. V7 if 4A Rev. 06/13/90 INEOR-RTION NEEDED PRIOR • ACCEPIANCE OF SUBDIVISION STREETS INTO STATE SlW6,50ORY OW-19W Subdivision streets may be considered eligible for acceptance into the State Secondary System when: 3 built according to plans approved by the Department of Transportation, properly maintained since completion and _- reordering a public service (serving three (3) occupied dwellings or three (3) businesses per street). THE Fflff#AXA'4^ _ 1A BE EMUSHED TO THE COUNTY PIANNING DEPARTMENT AT IZAST T.11'TY (30)'DAYS PRIOR To ADOPTION OF E RESOLDTION. THE BOARD OF SUPERVISORS REQUESTING THE ADDITION: 1. One (1) copy of as -built construction plans showing: - Roadway geometrics - Drainage and drainage easements 2. Three (3) copies of the final plat with date & place of recordation, deed book number and page number 3. Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule.) 5. Maintenance fee - check payable to the "Virginia Department of Transportation". It is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 30th). No maintenance fee is required if the addition is effective July 1st. (See reverse side for schedule.) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF TBE DEPARTMENT OF TRANSPORTATION BY THE 1ST OF THE PRECEDING MONTH. (30 DAYS) i 2-LANE STREET Minimum (up to 0.25 mi.) From 0.25 to 0.50 mile Over 0.50 mile 4-LANE STREET Minimum (up to 0.25 mi.) From 0.25 to 0.50 mile over 0.50 mile WW 19 SUBDMSION STREETS i�� 1.7wM`1 $ 3,750 $ 7,500 $ 1,500/tenth of mile and fraction thereof $ 7,500 $15,000 $ 3,000/tenth of mile and fraction thereof MAINTENANCE FEE $ 375/year 750/year 150/tenth of mile and fraction thereof/year 750/year 1,500/year 300/tenth of mile and fraction thereof/year A two lane street, 0.35 mile long, is processed for addition effective September 18. Therefore, surety is required for four -tenths mile and maintenance fee is required for ten months. Surety required: $7,500 Maintenance fee required: $750 x 10/12 = $625 A four lane street, 0.78 mile long, is processed for addition effective February 4. Therefore, surety is required for eight -tenths mile and maintenance fee is required for five months. Surety required: 8 x $3,000 = $24,000 Maintenance fee required: 8 x $300 x 5/12 = $1,000 ter'"' w 2i L� y �AciN 1 i I COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984-5600 July 23, 1993 FAX (540) 984-5607 Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. Fred. Co. Zoning Administrator Route 7 P. O. Box 601 Frederick County Winchester, VA 22604 Dear Wayne: As requested we have made an inspection of the referenced projects to determine their eligibility for addition into the Secondary Road System. As you know from our recent meeting several outstanding items need to be completed and/or repaired. I would like to point out however several of the items we have listed below were brought to the attention of the original developer in a punchlist letter from us in August, 1988. For your use I am providing you with a copy of the letter and marking the following items with an asterisk which were on his original punchlist. Regency Lakes Drive (From Route 7 to Regency Lakes Drive East) • Pave or prime and seal the entrance roadway at Station 9+75 (right side). Regency Lakes Drive (East) • Install entrance to tennis courts to VDOT standard with 20' radii, prime and seal or pave roadway and establish vegetation (Station 83 + 10.±). I"— A_ vpaiFedaad- • The riprap placed adjacent to the edge of pavement on the east side of the intersection of Regency Lakes Drive East and Lake Wisdom Drive and the logs/poles adjacent to the edge of pavement on the west side of Regency Lakes Drive East at the top of the dam will need to be removed. Lake Wisdom Drive • Severe cracking has occurred in the cul-de-sac pavement. This area should be investigated to determine the cause of the pavement failure prior to the roadway being overlaid. WE KEEP VIRGINIA MOVING Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. July 23, 1993 Page #2 • The pavement settlement and cracking at approximate Stations 1+50, 2+00 and in front of Lot No. 2 will need to be repaired. Lake Sever Drive • The pavement appears to be cracking along the edge of the roadway near the end of the cul-de-sac. This will need to be repaired. • Lots No. 48, 51 and 52 need private entrance culverts. • The pavement settlement in front of Lot No. 39 needs to be repaired. Chelan Place the approved "iefii 8886011- • Private entrance culverts to Lots No. 57 and 58 should be disconnected and the side ditch restored and re -vegetated. Geneva Place • e. • Tke side disehas Fit I Ate Ne. 66, eie01: • Additional asphalt needs to be placed around the water valve boxes at the intersection with Lake Sever Drive. Old Pond Way • The basketball goal needs to be removed from the right of way. • General HOW Npaimd. Mr. W. Wayne Miller Ref: Regency Lakes & Regency Heights Subds. July 23, 1993 Page #3 As you know, another means of access will need to be provided to the Regency Heights development. Therefore, in addition to the above items the issue of completion of the loop road around the lake will need to 'be addressed. We have forwarded the agreement you provided for the dam crossing onto our Central Office to determine is validity. I will let you know when we have received their comments. In the meantime should you have any questions concerning the above, please let me or Mr. Steve Melnikoff (703-722-3460) know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. Steve Melnikoff Mr. John Riley Mr. Ed Strawsnyder J 31 - �to __,_ plal -1 -33 OT- 161 I C,( 'r Le Cur 7� -VKT' �o c) e� r -4OF-AY or -4 lip �, 4u ------'� 1 "=�� " (07 /D 7Y �?-' C� _ { - � - (s 4E . _ z � //o ;42 � - 1( C243 L07- toco I Zj /- / 3,5 Z 0 (— 13el, nor 0 7- i rc cp� - 1-1 1 -1-1 - I a �13.7 t 0 1- ci 4'l r � I�/�— �c�q—�113 Yrs o56 T ill l - _ Oo7 - _ c)47�-� .'' rig �� _ L/7-V4 7� _�-7 c, _ &or /(,o y' __'©r1 4o F / 70 IS/113 A< , 7- XS 7 Jm,,,,"� loS �ln I -/ff 3 Vim. j77( _ ZJF- - 3 Z Zor Z) Z cy- -�7 304— 3 C;� 7_..._. 173 _ �' Zoi 2;2A 3 -7t, 0...A_ 3CA 31-jCo _ 10 5in �- 41 'Zo 3 7 - 0 Zoe s z tp(q- �7' loo -Z o r S 3 � 6 F- Y,� Sly Ili e _a . _ Zia S--. I-o S e, � Lr NO- llC L� r -r- 4 Zoe 7 Nx �'7(YA)�6 /,kJ Ch 70-t--" e( l �Upj (�,)C S, H- �� ,Ai _- - A''1C,Cl�f I f t v % (o FACSIMILE TRANSMITTAL VIRGINIA DEPARTMENT OF TRANSPORTATION NO. OF PAGES FROM: t ll - t�K i koFF.. WINCHESTER COMPLEX OFFICE TELEFAX NO: 540-722-3462 COMMENTS: s 0-{4 LL I F %1O t) N .- . tl_-) IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION, PLEASE CALL: TELEPHONE: 540-722-3460 COMMONWEALTH of VIRQI NIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 October 22, 1997 Mr. John R. Riley, County Administrator County of Frederick P. O. Box 601 Winchester, VA 22064 Dear John: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Regency Lakes Estates Route 7 Frederick County As discussed several weeks ago, we have completed our punchlist review and cost estimate for the needed repairs in portions of the referenced development. Specifically, the rights -of -way included are Regency Lakes Drive from its intersection with Route 7 to Estate Drive and all the streets in the Regency Heights Section of the development. The total length of the streets involved is approximately 1.15 mile. Due to the age and deteriorated condition of the streets, a large portion of them will need to be repaved. At least two areas of pavement will need to be removed and repaired due to subsurface failure prior to the surface overlay. Additionally several areas will need to be raised with a leveling course due to utility trench settlement. I have enclosed a copy of the project site plan with the streets highlighted which will need to be repaired and resurfaced. We recommend an overlay of Asphalt Concrete Type SM-1 at 110 lbs. per s.y. (1") throughout the indicated areas. This mix is very fine and should afford a very pleasing appearance and ride. This thinner application will also afford some cost savings over our traditional overlays. I have also attached a copy of an earlier punchlist letter dated July 23, 1993 to Mr. Wayne Miller which includes several items that still remain to be addressed. Several of the items are related to the aforementioned pavement repairs. I have marked through the items which have already been addressed or no longer apply. To complete the paving repairs/overlay and other outstanding items in our earlier punchlist, we estimate the cost to be approximately $65,000.00. Please keep in mind once this work is completed an alternate means of access needs to be provided before we can accept any of the streets in the Regency Heights development into our Secondary System. Please give me a call if you have any questions. Sincerely, 61Z Robert B. Childress, Transportation Engineer RBC/rf Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney,Mr. H. E. Strawsnyder WE KP VIRGINIA MOVING o� I IAMNISON i JOHNSTON AIIOIMII• At tAW .IMCMISItA. YI18I01A #5412 REGENCY LAKE ASSOCIATES TO: RIGHT OF WAY AGREEMENT VIRGINIA DEPARTMENT OF TRANSPORTATION ************************************** CK653-rc101 THIS RIGHT OF WAY AGREEMENT, made this day of IY\ n_T_, 1987, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WITNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in -the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 569. The easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to Create in the Grantor any contractual right to a degree, standard or term of t TOM 1 JOMMftOM MOOKITI AT LAW +cMgttb aNau ' ex653Ps702 maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or as'it may be altered or amended in the future. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and•of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) for the maintenance, repair and replacement of said dam and said roadway pursuant to -the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be. reviewed annually by the Department, which shall notify the Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. `It shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the event of a dispute as to a proper amount, the Grantor may appeal the decision of the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide - 2 - NA1112ON t JONNNION ATIGNIOIH Al tAi t1NA111Af1A, lI1,91014 BK653PG703 ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for oubl.ic access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam: 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - ANI MON 8 JONN/TON Attarnt AT LAW j •IMCMItTlt• YIt tINtA BKS53PG704 dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easement,is an element of maintaining the surface, base, shoulders and guard rails of said roadway. . 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of -the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's Highway System. 11. The obligation of the Grantor herein (in addition to being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and sealst REGENCY LAKE ASSOCIATES, a Virginia artnerst}ipi Fiscal Division C. ll De: f By . 0I ;SEAL) Partner- V gy SEAL) Pair ner VIRGINIA DEPARTMENT OF *H58f aihW TRANSPORTATION By 4doatu 01 (S L) DEPUTY COMMISSIONER Office of Attorney General FREDERICK COUNTY L 'MEAL) Date:IQ .. q • Y . •1 HARRISON A JOHNSTON ATTRRNTT11 AT UN NINCNpTU. TWAINIA STATE OF VIRGINIA, AT LARGE, OF ��):. �._t�!�� Ali �o� �i�:l 0 5 The foregoing instrument was acknowledged before me this �yl• day of A of _, 1987, by A/3If as partner of Regency Lake Associates, a Virginia partnership. My commission expires �41✓.: le, / 41Y Z'. �i.;: ,.A �'� Notary Public STATE OF VIRGINIA AT LARGE, OF To -wit: c he foregoing instrument was acknowledged before me this (o Y1 day of � , 1987, by as partner of Regency Lake Associates, app irgini.a,pa� tngrbjtlp. My commission expires Not y Publ a•„1•/II,• :Tt'T STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this ,15"Lday of • 1987, by 104C4.I_Jrl as ,�, �jrr..+�a.ce of the Virginia Department of Big bways -anA Transportation. My commission expires �` /9P7 air. a at .). Notary Publi STATE OF VIRGINIA, AT LARGE, OF - r�p�0.urlG. , To -wit: e foregoing instrument was acknowledged before me this day of , 1987, by V , Cr- ag Aof Frederick County. My Ammission expires 3 I Votary Public 5 - i • bK653PG706 ' evrevs rRetr Gl OYN• �fL�:ra'eYi 6//'J/• i �• SHADED AREA FOR DED/C.9rloly AS — EASEAfEN - s rs•�9'o7 E • co oo' I � PARCEL '0.3614 /1 �N 9 10• ¢ 3 v /Sy. 73 , 1 Rgkc5L ���ARVCC►363.24' 4. C- /37.84' RE/+�//voE,P of REGENCI' LAKE ASSbC/iITES rot: S 7(, 0?'4i'E-� jf io' /o -/ AO 4: iY7G'01'a7-�+.• 40.68' S TO 6 r S SS'/9'07'E G0.00, j�7 TO 8 : S 88'SJ'10'E ^• 60.p0' �—ANC • 326. //' .--ARC /24.S'1' REMA/ND£�Q OF Rf6fNCY l4n- AS.fOC/AlES 2.8082 Ac. T , • 4d'Gls'lJ'B � Ss �� N N 4d•Od'd•i'E 'is tr'pot 11.1s. 3 Ski Vo o 60.00, a1 �. P. DUNE '�c+ BROW NO. 1285 �'•� _��0 ' 1 NIIC REFERENCES i DEED VWK COS PAGES SSs, rot, 5-(,8, frl f Sep PLAT TO ACCOMPANY EASEMENT AGREEMENT ^� S BETWEEN ti w REGENCY LAKE Assocmrrs A 411v �r7A?lye w1 h � 1 AND THE rE1IU VIRGINIA DEorr' OF HIGHWAYS t b?,q)jSPoRTATION STONEW.41L EfAG/STER/AL O/STR/CT FRBAER/CK C0vNTY,Y/RG/N/A • h AUGUST 14, 1984 41 " � 1 ' Revisal Sc�RJ�198� � •y. ' 0 p 3• cube" ellffp Iw*. Ilse. es•se'�OW APPENDIX q 6/ S1 •wOw1�w1 - SURVIVORS w� „ rOM... Cr.�•w, w.. S�rATE Ro(!TE 7 • N 1Mcp.wro.r.w..wp,... /.M.,Ilrrwr� Yq,••Y �Iy/ 11�1. •1116 •wrNw rrprr YM. PN1 MI•�1.1 �>, I • A!%e DKG53P T I[LWlt'ACi/N,i CC., /N: ly ,r Ex. 645 M. J . t pRry� REG -4 v � E NC ;I O' ne. .vr CRESS I IQ a . ` ' ItEj 54"E Z V-- •' E 1 • ' •� • N41'SI'37`W ' ' •�N/ REG�N� ✓� i - Curtv[ WILE 1't a . . A T dlJY. CRARD U!.: fd,:_Ini 1: 2 WM'34'. trrlr2G' _"WO,S 11CiIF jna �332�f J11.� _�1l YSD'tJ`iS7W c11.M lSli1 sFk-e Nrw- XE 7 SFWB . 22S.V 'VMM' Ltl7'11'5!'E uror3T' 440b:r ICH—M 1o1a /11.40. nii'a; i• r r Wert:r• I Fo FVO En.IJ' 32f.40• cn.c: 31`!'C c :r2ro2' FDOW w4s 11.37 lnslr t Zvi z•r:rE T WS71 JSS. 401.f7 01 FjS1fii'O 4'A�'S�4W tst.ro I to s w•eJ'1rr P. D U A N E a V �4 DROYIt%� Y 40` INGRESS -EGRESS tAXEW'Vr 110. 12ES v, vaJA Isle IOAJ •1 REGENCY MkC ASSOCIATES ?�" FA IDER/CK COfINlYj YIRWXi1 .. LAHO 6J JOKY 31,p 11" SCs1 t l r•.sos' rub.N W. citrr 4'14� 11►ta, Inz APPENDIX B � tM9Y•Llll� .- (ANO RA1MalJtJ • W111110a1 �t F..r� t+wv M•.. �NFi Ow. W+wlr Onn ►.M.M\Mw.q Y.�.a. IfM1 M/I PM itll ) �•►.Y.•IV. r►}•ol b..l P�11 M/111 • III::'. •'� III' VI HM:K C'7VIIIy. 5C1. .. //- .. /)Jne• i�-• m%►/�•,it ►V v.Y �• 1•+.�Lr W w/N W Wh..W W aJu.WN.•byHa.1 UMIJI v►W+J Y MbIC Cf) p 1.cwJ. C f-- IARRISON A JOHNSTON AITONNIVI AT LAW .I MCMCNTCN. YINNIMIA #5412 REGENCY LAKE ASSOCIATES TO: RIGHT OF WAY AGREEMENT VIRGINIA DEPARTMENT OF TRANSPORTATION i',l PK653•rc701 THIS RIGIIT OF WAY.AGREEMENT, made this 4•if4 day of P\ n4 , 1987, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WITNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 568. The easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to Create in the Grantor any contractual right to a degree, standard or term of I 4180N / JOHNSTON -flesmIT/ 1T &AW 4CM18194. W1144"M ON653PG702 maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or as'it may be altered or amended in the future. r 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and,of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as.to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from bank authorized to do busyness in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) for the maintenance, repair and replacement of said dam and said roadway pursuant to -the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be, reviewed annually by the Department, which shall notify the - Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. It shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the event of a dispute as to a proper amount, the Grantor may appeal the decision of the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide - 2 - M HARRISON A JOHNSTON A1r0INrrS AT LA* OINONprts. KIt11AlA BX653PGT03 ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam: 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from t'e construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the' Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - BK653PG704 , dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easement,is an element of maintaining the surface, base, shoulders and guard rails of said roadway. , 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's Highway System. 11. The obligation of the Grantor herein (in addition to being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia artners i • � C • �: / ✓' h' %7 (SEAL) Partner By SEAL) Fiscal Division te: Office of Attorney General L Date: ANQ13ON i JOHNSTON A11110/11 Al tAl/ � qN/N//1/1. YIUINIA VIRGINIA DEPARTMENT OF *MXHMh bB TRANSPORTATION By, (S L) DEPUTY COMMISSIONER FREDERICK COUNTY EAL) 1 - 4 - 0 NANNISON t JOHNSTON ATTONNCTS AT LAW •INCNCNTCN. •IN •INIA STATE OF VIRGINIA, AT LARGE, OF The foregoing instrument was acknowledged before me this �Vl• day of L 4 , 1987, by A/z, n.) as partner of Regency Lake Associates, a Virginia partnership. My commission expires N 4'✓.3.�1�,� /���� Notary Public STATE OF VIRGINIA AT LARGE, OF �1vetee_ To -wit: c he foregoing instrument was acknowledged before me this ,•,,, Io � day of ll� � , 1987, by 'A t.<v 1 >�lt1.11�...,..+_l_�.. as partner of Regency Lake Associates, a irgini.a_t>a. tnq�rsKip; My commission expires 7 ""147d Not y ubl t:,,,l,l,,,,;;;,.• STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this �s��day of 1987, by fGLL • as of the Virginia Department of -94-hways and Transportation. My commission expires o�G /9o'7 . GLtD GLt �. Notary Publi STATE OF VIRGINIA, AT LARGE, OF r �p�iu,G�L , To -wit: e foregoing instrument was acknowledged'before me this LVJ,- day of 1987, by V �, as 401,0111%aaof Frederick County. My mmission expires z WoL Votary Public 5 - • bK653PG706 ' • J C5'0/9 07 "r • t evlevs rRecx 6000 �•.. -►.�. a�.../ cl s..••. PARCEL "CIO qv .. ..' , • •..• 0.3614 AC.• �v d -- - --- - SHADED AREA FOR DEDIC.orioly AS EA SEti1EN T 1 PARC6L NB" ARC s 363.24' 0. 6964 4C. ARC- /37.8G' RE/ft'f/�oER of REGENCY LAKE .OS"C/ATES M 4W*4f'73'B 49. 41V IV •RS• OB'Z3 •E N 4,"S1'37OW, 60.00, . ••rro1:S76jo1'47E^•Jf7o' ro M 4 : A' X •01 47'N' 4d.66• . S TO 6 j S SS'/9'07'E 60.00- 17 TO 8 : S 88•573'20'E — 60.00' —ARC • 318. //' —ARC • /14. S2' REMA/NOE',Q OF ,f--a,VC!' L.4A'E o4lt C/AlES PARCEL 'A" I 2.608Z AG. 7�p • r Ss 15 .OB 1 �'�41 E.t' 1000, 1L�TALTH. o� P. DUANE 13 u BROWN • NO. 1285 REFERENCES 1 DEED [TOOK 608 PAGES SSB, rrz, 568, 5-71 ¢ sop R.ti' cil�R/tR� PLAT TO ACCOMPANY EASEMENT 46AELMEN o BETWEEN REGENCY LAKE ASSOCIATES �AArE r� AND THE VIRGINIA OEPT:' OF HIGHWAYS TR/iNSPORTAnoN i"VI STONEWALL MAG/STER/AL O/STR/CT fREpER/CK C0oNTY.Y/RG/N/A AUG..UST 14, 1994 ' 1 S4AI.E: 1"sI00' rr Revise4 Se1t.J,1986 0 8. su"n W. c11f1U • &J iclwo, luc. =..s gs•se'�'w �r .� APPENDIX A otM.l.O�. „ Mr• C.••.• M.b. STATE ROUTE 7 ' /ws o«. o..«.•.o... 1•M.i«•N.n� �bpwY IIMt II0..NIt.1 •r.....r.• .raw. LNG INN, NI.�1i Iole alt653PG7 7 wsrrc MAk: µ:. J:swreocriNs ee.,iN: i l�- ,rr O,rs Lrw� —•. Y I t pRr`E RE I GE —10 NC 4 ' Q 836.6>r 2 ' KE^ S4N29•sx"E '/ a.LIPrf - CURVE WEE RADIUS . . A1c Cx. Z7_A.:,R 1 : K37'34" _ 21CO.p0' G332F _n.N. 311.67 _CHARD 631.0Y V SD to's t UD•Jf1L' JlS.�7 iSl./N JS1G1 S?L8D' M � Sd'E a sfrr;a• . 440= 41 .0 22S.V -0.iRA_y n-jj:jf e L*S PrSJ' • 440.CeT 1OHM 104.71 �T.4A' N 7!'.: T.^£ s >r oru• looaocf anIr 3zr.41• vi.co G 2:Ira2' SDo Do 1144t 11.33 MTJ► J 6c•FZ'I�'E 1 rdsT12• JSS. 4D4A3 tse.ro 1 u S►►Q" f 1 S .-Loll' I POE �2G0.00' HEIGHTS` f I f a o P. DUANE DROWN y ' /� o wing �+...^+ EO' INGRESS -EGRESS CAMMENT NO.128S rh.ru'/f Mt rant io, . REGENCY LAKE ASSOCIATES sravt.vAtt plisxicrvQ�V- i/l wirotlLK co vrro sCALLVIA1I"`i1p0• LAliD 6. ww 3iA va: rtlb�ri �►. cittt ' � !J►itas• ltsa ' APPENDIX B • tlfyMtlJit - IAN� JIJNIIatJAt t+lAYtl Cift tt ►w. C-wr �.� If.wlfff...t oN1 JYttt so fill M►NYffn. Yr�w taf.f Infl..f tt■ •IIY1N'A rit' u1 iwK cwt4ty. scar. )/y�f In•• m/y��tl, Poy ec a p•dvaJ M. n.. al tqe ..1Y d'y of .Ile i. 1•-'.1! !mot.. v.l wlu, v.ww:IW d w�..wl.•oanwli- r MI.CIM.1. a - r COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: John R. Riley, Jr., County Administrator FROM: Wayne Miller, Zoning Administrator SUBJECT: Regency Heights Subdivision Streets DATE: June 25, 1993 Following our conversation on June 22, 1993, I have accomplished the following toward getting the streets in Regency Heights into the state system; 1. Drove the streets to determine general overall condition. These streets are probably in better shape than any streets in the county. The ditches are sodded and most all culverts seem to be in good shape. There is one depression bump that will need fixing and there is very little if anything else to be done there. I believe I could get Bob Childress to accept them as they are. 2. Located the recorded deed of dedication and plats in the clerk's office and have copies in my possession. 3. Talked to Bob Childress and have an appointment with him next week to survey all the streets and develop a "plan of attack and acceptance". (see attached) 4. Ordered the quitclaim deeds (land use permits) from the appropriate utility companies. 5. Briefed the County Engineer and alerted him to his possible involvement. At this point there is little else I can do until I get with Childress. We have agreed we can overcome the dam issue but the sticking point will be the lack of the loop road so that there is access to the development other than over the dam. I will work toward another solution, even 9 North Loudoun Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 Page -2- Regency Lakes Memo June 25, 1993 if only a temporary one, and hope that the new Regency Lakes owners will build the loop road with the speed of light. I will keep you posted on our progress with this project. WWM/slk attachment Edinburg Residency VDOT TEL: 1-703-984-9761 t Jun 24,93 10:44 No.006 P.01 COMMONWEALTH OF VIRCIMA DEPARTMENT OF TRANSPORTATIOrNA �s� The Edinburg Residency N1993 EIVED;B PLAriNAt Lo June 24, 1993 c. Mr. W. Wayne Miller, Zoning Admin. Ref: Regency Lakes Frederick County Route 7 i P. O. Box 601 Frederick County Winchester, VA 22604 Dear Wayne: - k This is to follow-up on our telephone conversation this morning concerning the addition of the referenced development's streets into the State Secondary Road System. I would be happy to meet with you to review the streets to determine their acceptability. However, since the project has laid dormant for the last several years I would first like the opportunity to review our files so I may be better able to answer any questions you have. I will give you a , call the first of next week so we can arrange a mutually convenient meeting tithe. In the meantime should you have any questions, please let me know. i Sincerely, William H. Bushman ! Trans. Resident Engineer Nt F By: Robert B, Childress Hwy. Permits & Subd. Spec. Senior i RBC/rf xc: Mr. Steve Melnikoff • P. C1. BOX 278 EI)1N1iiIliCr, VA 22824-0278 • (743) 984-4133 • Fax (703) 984-9761 ! Edinburg Residency VDOT TEL: 1-703-984-9761 t Jun 24,93 10:44 No.006 P.01 COMMONWEAUFFI OF VIRGIMA DEPARTMENT OF TRANSPORTATIOrN 4� The Edinburg Residency N1993 EFr EIVED,NIN June 24, 1993G Mr. W. Wayne Miller, Zoning Admin. Ref: Regency Ickes Frederick County Route 7 P. 0. Box 601 Frederick County Winchester, VA 22604 Dear Wayne: M This is to follow-up on our telephone conversation this morning concerning the addition of the referenced development's streets into the State Secondary Road System. I would be happy to meet with you to review the streets to determine their acceptability. However, since the project has laid dormant for the last several years I would first like the opportunity to review our files so I may be better able to answer any questions you have. I will give you a , call the first of next week so we can arrange a mutually convenient meeting time. In the meantime should you have any questions, please let me know. i Sincerely, William H. Bushman Trans. Resident Engineer Nt F By: Robert B, Childress �J Hwy. Permits & Subd. Spec. Senior i RBC/rf xc: Mr. Steve Melnikoff • P. O. BOX 278 EI)INOURG, VA 22824-0278 • (703) 984-413:1 • Fox (703) 984-9761 ! COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION The Edinburg Residency June 24, 1993 Mr. W. Wayne Miller, Zoning Admin. Frederick County P. O. Box 601 Winchester, VA 22604 Dear Wayne: Ref: Regency Lakes Route 7 Frederick County This is to follow-up on our telephone conversation this morning concerning the addition of the referenced development's streets into the State Secondary Road System. I would be happy to meet with you to review the streets to determine their acceptability. However, since the project has laid dormant for the last several years I would first like the opportunity to review our files so I may be better able to answer any questions you have. I will give you a call the first of next week so we can arrange a mutually convenient meeting time. In the meantime should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer;nYq avt� By: Robert B. Childress r Hwy.Permits & Subd. Spec. Senior' fir° �� ��ar�rvt� p AND rjFVELCpf4Efta RBC/rf xc: Mr. Steve Melnikoff • P. O. BOX 278 • EDINBURG, VA 22824-0278 • (703) 9844133 • Fax (703) 984-9761 Ts � • COUNTY of FREDERICK Departments of Planning and Building 1 703/655-5650 November 19, 1986 Charles E. Maddox, Jr. P.E. Gilbert W. Clifford & Associates, Inc. P.O. Box 2104 Winchester, Virginia 22601 Dear Mr. Maddox: This letter is to confirm that the action taken by the Frederick County Planning Commission on November 5, 1986. Approval of the final subdivision plat of Regency Heights for the subdivision of 72 single-family detached traditional lots with access right -of way and open space. This property is located on the north side of Route 7, east of Winchester, in the Stonewall Magisterial District. Before the staff can sign your final subdivision plats, we will need to receive all plat fees and a bond or letter of credit. The staff will also need to review the deed. If you have any questions regarding this matter, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa 4 rn„rt Gniare - P_n. Box 601 - Winchester. Vireinia - 22601 I COUNTY of FREDERICK TO: W) Departments of Planning and Building M E M O R A N D U M 703/655-5650 Highway Department , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: July 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Regency Heights , or their representative, Duane Brown, CLS of Gilbert Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible. - THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature (_ /;� �. /I ,2 Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERIC o�-� 1.1-J.11,� 1 rUL 13 19&6 TO: 0 R A N D U M Departments of Planning and Buildir 703/655-56 Highway Depar'frtenT — — _. - VT 11 ' . ATTN: Mr. William H. Bushman Sanitation Authority ATTN: Mr. Wellington Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: July 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Regency Heights , or their representative, Duane Brown, CLS of Gilbert Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible., THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Authority has no comment. 1.0 Signature Date 'e Ae -�b 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK M E M O R A N D U M TO: Departments of Planning and Building 703/655-5650 Highway Department , ATTN: Mr. William H. Bushman ,----._ Sanitation Authority , ATTN: Mr. Wellington Jones-;-,8 Greenwood Fire Company , ATTN: Mr. Walt Cunningham;`, ATTN: Planning Department , ATTN: Mr. Robert W. WatkiAls Zoning Department , ATTN: Mr. Stephen M. Gyurisn FROM: Robert W. Watkins, Director DATE: July 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Regency Heights , or their representative, Duane Brown, CLS of Gilbert Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible. - THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: It appears to be in accordance with our request. However, to date we have not received the revised clans as Dreviously reauested in our letter dated June 16, 1986. w r' JUL 1986 c�ba r NE: Q'e�� DEPT. Signature Date 7-&-e 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartments of Planning and Building M E M 0 R A N D U M 703/655-5650 Highway Department , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin Robert W. Watkins, Director DATE: June 23, 1986 SUBJECT: Review Comments On: Conditional Use Permit X Final Subdivision Plat We are reviewing the enclosed request by Regency Heights or their representative, Chuck Maddox 667-2139 Will you please review the attached and return your comments to 6 possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: , Approved for water and sewer. Signature Date Site Plan 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartments of Planning and Building M E M O R A N D U M 703/655-5650 Highway Department , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 23, 1986 FCSA SUBJECT: Review Comments On: Conditional Use Permi"nr-n nnsmm n X Final Subdivision �F;Zt SUN '2, 1386 We are reviewing the enclosed request by Regency Hei or their representative, Chuck Maddox 667-2139 BY" Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 4' l Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/655-5650 M E M O R A N D U M TO: Highway Department , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: July 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Regency Heights , or their representative, Duane Brown, CLS of Gilbert Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible. - THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 SUBDIVISION REQUEST Regency Heights Final Subdivision Plat Zoned RP (Residential Performance) LOCATION: North side of Route 7, east of Winchester MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Mobile Home Park PROPOSED USE AND IMPROVEMENTS: Subdivision of 72 single-family detached traditional lots with access right-of-way and open space. REVIEW EVALUATIONS: Highway Department - No objection. See attached letter of October 21, 1986. Dam crossing agreement has been provided. Sanitation Authority - Approved for water and sewer. Greenwood Fire Company - No problems. As per site plan approval comments. Planning and Zoning - No objection. Overall subdivision plat is in conformance with the approved Master Development Plan. Dam agreement surety will need to be posted prior to plat recordation. STAFF RECOMMENDATIONS: Approval. r A>: FCC. ONOV � 198n .. FINAL PLAT AEGENY HEIGHTS BY STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA ;� e b � .:� .•�• • ) .�) � ;\,lam l� } �� (� v � i., P`pi.i J � L; '� , A. i y _�� f(, ! . i . �.� 1) � ,' �� �\�� 'fie i • � \�.� r / /mow 'i1 16 -71 It :» `eek VICINITY MAP SCALE::• I' APPRO Frederick County Sanitation Authority Date Planning Commission Date Subdivision Administrator (( -7 Date "" �7 Va. Dept. of Highways Date \\-20 _fi3( OWNER'S CERTIFICATE The above and foregoing subdivision of the land of REGENCY LAKE ASSOCIATES as in the accompa 'ng plats is with the •consent and in accordance with the .desires of the under g ed•owners -proprietors, and trustees, if any. AI All streets as showerein are hereby dedicated to the public use. All property owners in REGENCY HEIGHTS are required to belong to the REGENCY HEIGHTS Home Owners Association. The Association is the owner of all -areas shown as open space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this mainten- ance. This fee and all other rules of the Association are set forth in the Restric tions and Covenants attached hereto. A copy of the Final Master Development Plan for Regency Lakes Estates is on file at the Frederick County Department of Planning and Development . SURVEYOR'S CERTIFICATE I hereby certify that the'land contained in this subdivision is a portion of the land conveyed to Regency Lake Associates by deed dated December 18, 1985, said ered recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 608 at page 568. M1' . P. -Duane Brown, C.L.S. DATE: MARCH. 26, 1986 COVER SHEET u%DN04N„�,a SHEET 1285 glIbert W. cliff Won, Inc. OF ENGINEER LA ND 150-C ow. nroenwkA on.. SURVEYORSPLANNERS 20 sous Cw Aft" •tit 21 Fnd*ftk.0urp• VlrVna 22401 (sot)1f6•21t6 vMdMt*r M. ZZeo1 2 Ees » o+f rY CURVE TABLE NO. o RADIUS ARC TAN. CHORD CH. BEARING 1 09004'06" 405.001 64.10' 32.12' 64.03' S7f 30'44"E 2 18027'42" 2,000.00' 644.43' 325.03' 641.65' S57044'50"E `3 5Y 02'26" 375.00' 360.24' 195.38' 346.55' N50°32'32"E 4 35°39'18" 375.00' 233.36' 120.601 229.61' S8e 06'36"E 5 50° 02'28" 200.00' 174.68' 93.35' 169.18' S4f 15'43"E 6 37043'02" 200.001 131.66' 68.31' 129.29' SOt 37'02"W 7 550 58'48" 220.00' 214.95' 116.93' 206.50' S0401612PE 8 09004'06" 380.00' 60.14' 30.13' 60.08' S71030'44"E 9 Oe 51'00" 1,975.00' 29.30' 14.65' 29.30' S66°33'11"E 10 0202V46" 1,975.00' 81.45' 40.73' 81.44' SWj6'48"E 11 Ot 21'46" 1,975.00' 81.45' 40.73' 81.44' S62035'02"E 12 02021'46" 1,975.00' 81.45' 40.73' 81.44' S60*13'16"E 13 02021'46" 1,975.00' 81.45' 40.73' 81.44' S57051'30"E 14 Of 21'46" 1,975.00' 81.45' 40.73' 81.44' S55029'44"E 15 Of 21'46" 1,975.00' 81.45' 40.73' 81.44' S5r 07'58"E 16 Of 48'47" 1,975.00' 62.49' 31.25' 62.49' S51°02'42"E 17 49000'21" 25.00' ;21.38' 11.39' 20.74' S25g38108"E 18 8f 5432" 50.00, 71.48' 43.39' 65.55' S4t 05'13"E 19 68013'00" 50.00' 59.53' 33..86' 56.08' N62051101"E 20 440 36' 30" 50.00' 38.93' 20.51' "3T. 95' N06° 26' 16"E 21 8f 38'08" 50.00' 71.24' 43.19' 65.37' N5r 41'03"W 22 47024'13" 25.00' 20.68' 10.98' 20.10' N73°48'00"W 23 Of 42'25" 2,025..00' 60.33' 30.17' 60.33' N50*57'06"W 24 Ot 13'32" 2,025,.00' 78.66' 39.33' '78.65' N520550�"W 25 02013'32" 2,025.00' 78.66' 39.33' 78.65' N55008'37"W 26 02013'32" 2,025.00' 78.66' 39.33' 78.65' N5702210911W 27 Of 13'32" 2,025.00' 78.66' 39,33' 78.65' N59035'41"W 28 02013'32" 2,025.00' 78.66' 39.33' 78.65' N61649'13"W 29 02°3$'51". 2,_025.00' 93.57' 46.79' 93.56' N6401512411W 30 88036'09" 25.00' 38.66' 24.40' 34.92' N21016'45"W 31 05024'00" 350.00' 32.99' 16.51' 32..98' N25043'19"E 32 18628'37" 350.00' 112.87' 56.93' 112.38' N37039'38"E 33 22018'49" 350.00' 136.31' 69:03' 135.45' N58003'21"E 34 98051,001, 25.00' 43.13' 29.19' 37.98' S6r 21'.45"E 35 48011'23" 25.00, 21.03' 11.18, 20.41' S12009'26"W 36 48011'23" 50.00, 42.05' 22.36' 40.82' S12009'2611W 37 62049'42" 50.00' 54.83' 30.54' 52.12' S4Y 21'06"i 38 54°34'29" 50.00' 47.63' 25.79' 45.85' N77°56'49"E 39 62035'49" 50.00' 54.63' 30.40' 51.95' N19°21'40"E 40 48011'23" 50.00, 42.05' 22.36' 40.82' N36°01'56"W 41 48°11'23" 25.00' 21.03' 11.18' 20.41' N36001'56"W 42 98051'00" 25.00' 43.13' 29.19' 37.98' N37029115"E X.LTIul REGEIICY HEIGHTS '} �'r � P. DUANE DATE MARCH 26, 1986 CURVE DATA 8N SHEET NO. 1285 2 O 4 gilbert W. ch*ffiatee, Inc. J OF CA ND yJ� ENOINEE S - LAO fKNN AERf 21 FM'dMek.4ury. VbglnN 22t01 (70J)999.2115 Wlndmbw. Vkg1n�. 22901 (70 CURVE TABLE NO. Q ., RADIUS. ARC TAN. CHORD CH. BEARING 43 23020'30" 350.00' 142.59' 72.30' 141.60" S81°25'01"E 44 030'21L491, 350.001 21.16' 10.58' 21.15' S68°00'51"E 45 90000,001, 25.00' 39.27' 25.00' 35.36' S21016'57"E 46 09023'13" 245.00' 40.14' 20.11' 40.09' 819°O1'27"W 47 20020'57" 245.00' 87.01" 43.97' 86.56' SO4'09'22"W 48 10026'30" 245.001 44.65' 22.39' 44.59' S11014'22"E 49 620 49' 11" 25.00' 27.41''� 15.27' 26. 06' SW 56' 59"W 50 40035'54" 50.00, 35.43' 18.49' 34.69' S2e 03'38"W 51 48037'53" 50.00' 42.44' 22.59' 41.18' S18°33'15"E 52 4803753" 50.00' 42.44' 22.59' 41.18' S67011'08"E 53 48037'53" 50.00' 42.44' 22.59' 41.18' N64°10'58"E 54 48037'53" 50.00' 42.44' 22.59' 41.18' N15°33'05"E 55 23029'54" 50.00' 20.51' 10.40' 20.36' N20030'48"W 56 26014'38" 195.00' 89.32' 45.46' 88.54' N19608'26"W 57 29044'10" 195.00' 101.20' 51.77' 100.07' N08050'58"E 58 90°00'00" 25.00' 39.27' 25.00' 35.36' N68043'03"E 59 16050'16" 175.00' 51.43' 25.90' 51.24' S57051'49"E 60 33012'12" 175.00' 101.41' 52.18' 100.00, S32050'35"E 61 33031'10" 175.00' 102.38' 52.70' 100.93' S00031'06"W 62 04°11'52" 175.00' 12.82' 6.4l' 12.82' S19d22'37"W 63 48011'23" 25.00' 21.03' 11.18' 20.41' S45034'14"W 64 41038'54" 50.00' 36.35' 19.02' 35.55' S48050'29"W 65 49021'22" 50.00' 43.07' 22.97' 41.75' SOr 20'21"W 66 47011'07" 50.00, 41.18' 21.84' 40.02' S44°55'54"E 67 72018'52" 50.00' 63,11' 36.54' 59.00' N75°19'07"E' 68 65°52'31" 50.00' 57.49' 32.39' 54.37' N06013'26"E 69 48611'23" 25.00' 21.03' 11.18' 20.41' N02037'08"W 70 13033'22" 225.00' 53.23' 26.74' 53.11' N14°41'52"E 71 12037'27" 225.00' 49.58' 24.89' 49.47' N01036'27"E 72 78°27'47" 25.00' 34.24' '20.411 31.62' N34031'37"E - 73 48011'23" 25.00' 21.03' 11.18' 20.41' S82d08'48"E 74 24002'05" 50.00, 20.97' 10.64' 20.82' S70004'09"E 75 47011'06" 50.00' 41.18' 21.84' 40.02' N74619'16"E 76 47011'06" 50.00, 41.18' 21.84' 40.02' N27008'10"E 77 41013'44" 50.00' 35.98' 18.81' 35.21' Nk7604115"W 78 47011'06" 50.00' 41.18' 21.84' 40.02' N61016140"W 79 47° 11'06"• 50.00' 41.18' 21.84' 40.02' Pe 32' 14"W 80 22°22'33" 50.00' 19.53'.. 9.,89' 19.40' S36d45!24"W 81 48°11'23" 25.00' 21.03' 11.18' -20.41' SW 39'49"W 82 78027'47" 25.00' 34.24' 20.41' 31.62' N67°00'36"W 83 12°37'27" 225.001 49.57' .'24:89' 49.47' N34005'26"W 84.t 1702024" 225.00'- 66.3.61 34.44' 68.09' N49006'21"W P. DUANE Y. C'r BROW a wN�... NO. 1285 L4ND Sv AEGEI]CY HEIGHTS DATE: MARCH. 26, 1986 CURVE DATA SHEET gilbert W. clitt iatee, inc. 3 OF ENGINEERS - LANO PLANNERS 21 150C Old. On.nwleb Orlr. SURVEYORS foum c- Fnd.Aok.burg. Vlrylnl.22401 (703) 990-2115 Wkxb..t.r. "me 2MI Q911 "I CURVE TABLE NO. 0 RADIUS ARC TAN. CHORD CH. BEARING 85 08028'24" 225.00' 33.27' 16.67' 33.24' N62002'45"W 86 09009'28" 400.00' 63.93' 32.04' 63.87' N7005114111W 87 10024'14" 400.00' 72.63' 36.42' 72.53' N80°38'32"W 88 09020'13" 400.00' 65.18' 32966' 65.11' S89-°29'14"W 89 83014'37" 25.00' 36.32' 22.21' 33.31' N53033'34"W 90 48011'23" 25.00' 21.03' 11.18' 20.41' N12009'26"E 91 38030'49" 50.00, 33.61' 17:47' 32.98' N16059'43"E 92 64001116" 50.00' : 55.87' 31.26' 53.01' N34016'19"W 93 71018'36" 50.00' 62.23' 35.87' 58.29' S78°03'45"W 94 64001'16" 50.00' 55.87'- 31426' 53.01' Sle 23'49"W 95 38030'49" 50.00' 33.61' '17.47' 32.98' S40052'13"E .. 96 48011'23" 25.00' 21.03' 11.18' 20.41' S36°01'56"E 97 83014'37" 25.00' 36.32' 22.21' 33.21' S29°41'04"W ,. 98 090 20' 13" 400,00' 65.18' 32.fi6' 65.11' S666 38.' ,VW 99 10°32'14" 400.00' 73.56' 36.89' 73.46' S56°42'02"W 100 10032'14" 400.00' 73.56' 36.89' 73.46' S46009'48"W 101 11°43'44" 400.00' 81.88' 41.09' 81.74' S35001'49"W 102 06008'38" 400.00' 42.89' 21.47' 42.87' S26005'38"W 103 83041'28" 25.00' 36.52' 22.39' 33.36' S64052'03"W 104 02°45'34" 430.00' 26.71' .10.36' 20.71' N74°40'OC"W AREA SUMMARY Area in Lots 20.5344 Acres_ .. Area in R/W 4.3231 Acres Area in Open Space �t9;;:0314' 'Acres Total Area Subdivided 33.8889 Acres Number of Lots 72 Average,Lot Size .. 12,423 Sq. Ft. REGEIICY HEIGHTS c� P. DUANE , DATE: MARCH, 26, 1986 CURVE DATA BROWN ' SHEET NO. 1285 gilbert w cliff I sates, Inc. 4 �j �► OF LAND 5� ,sacw o. Orrlch ENOINEERS - LAND PLANNERS Dn.. SURVEYORS 2 ..n io Soo.1 n Canaan K. Fna.rlck.Aurg• vagina 22401 17031 $96.2115 warce..ar, Vlrolme 22601 (7031 N74139 �^y _ DEv��oPMENz 713.77 -TvRE 0►Z� E N\ 12 13,685 sq.ft. - E — N 'o g %75 — 10 SAN. SEWER ESM'T N F I 12,844 sq. ft. N L N 23052'19" E 3 1.71.95' ^ o — — — — — — aN 1ED, too3 I t v o Z � � 13, 250 sq.ft. I QF 1 N _ Z t N 26014'05" E W 167.53' O(N — — — — ---� I! 4 1 12,804 sq.ft. I N 28035'51" E LL Min. Front Setback ='35" (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' hLTl� ph�r P. DUANE DATE: BROWN 1.6 NO. 1285 0 160.00' (See Sheet 6 of 21) N 0 O l DRAINAGE ESM'T. L CIO rn l 0 rn All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGENY HEIGHTS MARCH 26, 1986 7SCALE: 1"= 50' gilbert w inc. •`� ENGINEERS — LAND PLANNERS �N11 SURVEYORS 6j� 150-C Old* Greenwich Drive 20 South Cameron 86" Fredericksburg, Virginia 22401 (703) 998-2115 Winchester, Virginia 22601 (703) 667-2139 SHEET OF 21 1 (See Sheet 5 of 21) N 2803551it E • _ 16000_—� 12,704 sq. ft. Q N O W QCL N L WCL N 30,57 37 F . 164.86r ir) 12,952 sq. ft. I L I � 3 N 33019,3' E �— f J o � 166.63' _ 0 _ _ (01 2 12,969 sq. ft. W 0 N 35o41r09 J F I ((/ QN I A 12,756 sq.ft. ' I to AJ I I . N 38o0255rr � J . 9 (See She., 7 of 2/) 16 , Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback .= 2S' Easement along all Rights -of -Way .and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. ALTIJ HEGEnCY HEIGHTS ©� P. DUANE ��'� DATE: MARCH 26, 1986 SCALE 1"=50' BROWN Y SHEET NO, 1285 gilbert W. c11ft iatee, inc. 6 OF Q ND 150-C owe or..�,..kh Dd,. ENaNEE"sVmEEYORS Neas 20 south c«eaew $6101 21 feedeAekebur0. VIrginle 22401 1703) M-2115 - Wkxhe.l.r, Vlrgime 22l01 (102) 667-2129 N (See Sheet 6 of 21] n M `` N 3go02's „ C 16p92� ,3 E � O � � plti of 9 I 12,2Z 61 sq. ft 4002 1s 17 10 U N N w 10,024 sq�ft. la L z (n o �I 1 W 0 1CL p6,yc o. N 911�- p^68 \ 19 w' f 1 \ 1 21,262 sq. f t. I 1 I i3 �w 1 I ir1 a, 1 O cV -J -09 g/'f— � N / F ROBERT A. NASH Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25.' Min. Side Setback a 10' ' P. DUANE G'.� DATE: . NO. 1285 Fp 5J /LU U 2 Mr Q 2 t 2�1 5rggt l--ee . All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGEIICY HEIGHTS MARCH 26, 1986 SCALE: 1"=50' CUbert w t litf sates, inc. ENGINEERS — LANOPLANNERS SURVEYORS ND F:°k.ro° aongia�nebur9.vl 1 40I I?w►sae•:»s Winsch.a.. V„om2ei o7 SHEET 7 OF 21 1 N o " N. Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback =. 107, (See Sheet 9 of 21 ) Y.: r-12$3j 1 15 ' 10,640 sq. ft. Co /20' DRAINAGE M� ca ESM'T _ \ 1 14 11,066 sq. ft. v / 10' SAN. SEWER ) ESM'T. 3 13 _a CD 14,189 sq.ft. ToOX '0 o ° 26,444 sq. ft. �` v o N Cl)a ..Sy Z r 20' DRAINAGE C''. j a 0) ESM'T. 3,9 1109, Stj All Lots are Single Family Detached- Traditional. ^y194 P06' All Lots are subject to'a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' N / F Utility Easement along all Property Lines. ROBERT A. NASH AEGEIICY HEIGHTS o r� O� P. DUANE DATE 'AZ3ZIMIstes, MARCH 26 1986 SCALE: 1"=50' .� :. ROVJN Bc�.- p" �� SHEET N0. 1235 0 �t�ert w Inc. 6 OF �A�iFO SJ�ENGINEERS —LAND PLANNERS 2 1 LAND suavflrona 150-C oie. or.«,.rlen on.. m sw,a, Carn.ron w.w Fr*d*Ack.eur0. VJrgfni. n401 J703) 999-2119 W1r4h x1*r. vtrOUu. 22601 (7031:;,T.- to I W N o Li (D d Q W (See Sheet 10 of121) 29 •'; i''s •%! N 27004'01" E ti145.99' I 19 I 28 I I 11,490 s' q_. ft. L N 29_IT_33" E 18 10,865 sq.ft. N 311310"E J , �1 3 131.09' - M ' 17 to I- I 10,517 sq.ft 2 I 1 - m cV 33044'.3; E J v- 128.5_0 V N a 16 ' 10,442 sq. ft. oJE � 1 N 0 129.31 (See Sheet 8 of 21) Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 25' Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. IkLTII REGENCY HEIGHTS P. DUANE DATE: MARCH 26, 1986 SCALE: 1= 50' n BROWN NO.128 J SHEET gilbert w C1if! iates, Inc. 9 OF EAND 5J� 150-C OIM Greenwich DriveENOINEE SURVEEYOR— LAND s NERs Fredericksburp, Virginia 22401 170�) 19l-211S 20 South Carmron straw WI.Vw 2M N7 21 VE`OpMENT�! E pE .�_F"jUR Oar 713•77 OPEN S 10' SAN. SEWER " J 20' ESM T N 23001'19° E ,-,228W 10018�3.70' 1I I 70.00 )p I...]<, Z22;o23No8,818 ft. c 18,400 sq. ft. ` Q .A LJ L__J Min. Front Setback = 35' (unless otherwise specified) Min; Rear Setback = 25' Min. Side Setback = 10' 10' 43.76' _70.00: J20' DRAINAGE I ESM'T 21) 75.00' 10, 24 N 19)000sq. ft / o hJ J :��-- 2-0' N 23° 01' 19" E—260.00'_ LAKEWAY DRIVE (50) R/W) 61.87 80.00' SEWER ESM'T F - - F - - --V? 120 I m:111m I 21 �� �. 10 571 sqft. old 8,502 sq. ft. M' _J 91_53' 54.45' OPEN*.` -SPACE B N 27004'01 E .... (See Stt4t 21 of 21) (See Sheet•.9 of 21) 10 All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGERCY HEIGHTS I I P. DUANE r'. DATE: MARCH 26, 1986 SCALE: 1"=50' u BROWN 8...�� 1 SHEET gil rt w cliff eocfates, inc. 10 Q� C �iCQ J�a O - ENGINEERS - LAND PLANNERS O ` ZA N D 5 150-C OW* Gra vdM Orlva .SURVEYORS 20 South Cameron fYMI 21 Frnd*dckrEvr9. VIr9Inla 22401 (702) 199.2113 . WWn h-#1.r. Vbprma 22901 (703) 9974109 OPEN SPACE IICII (See Sheet 21 of 21) N 34021'17" E 95.97' N 46D094 96.42 r _ 25 co I �� I 26 q. ft. o oQ,So I ad to S ZI V.I 10,490 sq. ft. -o _J -- G�aNj/ 27 \9642� �111) 2 — 10,490 sq. ft. �3 20'ESM TC GE�\ ti C� 99 y LA KEW Q '4Y 98 31 32 (50 p 3 3 ' N w G co 0 72 CD c11 O N 1 11365 sq.ft. 71 34 12,,401 sq. ft. 0 2 -10.) / 70 � to 34021' 1711 E w 43.01' �� 9,051 sq. ft. d 99�\ W .:` ePC3!& / O (See Sheet 20 of 21) Min. Front Setback = 35' (unless otherwise specified) -Min. Rear Setback = 25' Min. Side Setback = 10' ��SNLT$ oW P, DtlANE DATE: sROWN n NO, 1285 a4 La Kin `'J All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGEnCY HEIGHTS MARCH_ 26, 1986 SCALE: 1"=50' SHEET gilbert w Qo iatee, Inc. 11 ENGINEERS — LAND PLANNERS O 1 SURVEYORS Fr dtiAcksbu g. VIrg hs n o1 1703) SASQtu wM&&91w. Virgin i 2t (70�07 M7d1M9 � 6, 2�1 sue., iti C,qP 0 , % -0 F A cx a,Lo2 / 5 s 14,585 sq. ft. o 29:, \ 31. \I2,926 sq. ft. -\I2,926 sq.ft. / 20' DRAINAGE ESMrT. ly ' �9 '111, , �• �. 87o44r1J E. 2 28 N 0 N \ 12,119 sq.ft. I �r N p c�Z O'\ d t U) yi 98- LAKE..- - Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' ����,t►LTH p�,�r P, DUANE - �r DATE: a BROWN NO. 1285 91 O 90 N VLO I w e, N U Q to c J 1 - 1l Z Z 89 Q t ou K/W) (See Sheets 11 & 19 of 21) r4J —7 2 cm 0 32 to 12,119 sq. ft. / , b N All Lots are Single Family Detached- Traditional All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGERCY HEIGHTS MARCH - 26, 1986 SCALE: 1"= 50' SHEET g;Ubert w cliff I latee, inc. 12 OF FQ — LAND ENGINEERSA D PLANNERS 21 LA �D ��� LAND '. 150-C OW OrNn.kh Drive 20 South carnaon !MI Fredericksburg. Virginia 22401 1702) AN-2115 Winchester. VIrglnra 22601 (7021 N7-2170 4 � � O �1 N tr) v O 0 j O OD a w O - w .. �. N ° t0 Q L N � O W o Y io 1 $2 J C w �n cc 0 W W CA °4 20 12 Vol 0: lsee j / I 33 I 18,128 sq. ft. 1 I i 14,402 sq. ft. N 23043'03" E 180.03' •s (See Sheet 14 of 21) I of 1L Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 25' Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. AEGEIICY HEIGHTS P. DUANE DATE: MARCH 26, 1986 SCALE: I"= 50' BROWN NO, 1285 SHEET 1 O� o �3 vAlbert w cliff I In"s, Inc. 13 yea OF ND C'& ENGINEERS L ORtPLAWMAS tso-C Owe Greenwich DMe Zd feuN Canwen iMreet :ndenekeburp, wromi. n4a1 (») $w-x»�..N s ww�ar, v na nso� -1 2 3- 21 ( See Sheet 13 of 21 ) %) 180.03' 0 r--- — — — —� 2. 2 -- g 37 ( o / W QD .14,402 sq. ft. o LL 2 I�Z� z W Leo Lz `-�N 23043'03° 1n 180.03 N - � j r I 38 i ° Ir t0 ` 15,775 sq. ft. I m a m 85 I I p Qo I � cn 14J 184.50' 5 1 W �84 / ` 39 19,884 sq. ft. } 0 83 //0\ 04N 4\ I � 10' SAN.SEWER //� \ 9o3gs ESM'T. /4O > �� \ I 2 C10,217 sq. ft C� (00,3,, J ?• ti / 0 co 41 < � a it \10,301 sq. ft. s J 079 05 ' N \Zg 00 78 e� `5 of 2�1 sre lsee Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' SpLTli p�`r All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGENY HEIGHT'S P. DUANE DATE: MARCH 26, 1986 SCALE BR OWN NO. 1285 o gilberc w cliff I intee, ina ENOINt[ W ND SJ� 1SO•C OIN OnNmden Orh. SURVEYORS °�HERs fnWMckrOurg. VbVn14 22401 t703) M6-211S WNM•sIN. Vlrpin2 I"= 50' SHEET 14 OF 21 v F .s ti Ad v ° $hggi ,6 Ot lsgg • 74 10' UTILITY 7oyA 49 ES M T. .. I ,4. °t 2\1 Shggi lsgg : 0,- O N i9 00 i 42 1111-657 sq.ft. �. N 0 :: 1p0-:9.,'� ?. 75 ' N N JC0 \ 9,334 sq, ft. O%° � -44 43 1 10 U4 ` 16,682 sq. ft. � \ I / ft ERT A 9g�6, �i0.00 R09, IVgSH Min. Front Setback = 35' (unless otherwise specified) All Lots are Single Family Detached- Traditional. Min. Rear Setback = 25' All lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. O O 0 Z 0 a I o'yis�'LTJf v�r AEGEIICY HEIGHTS P. DUANE �G'� ; DATE: MARCH 26, 1986 TSCALE: 1"=50' V%^�,c�u,;vN�+oa...,..y I SHEET 0. NO. 1285 xUbert w clitl ietee, inc.15 OF 3��F0 LAND ISO-C Ole Or.an.rlen Od.a ENSURVEYORS — IANO ►LANNERs SURVEYORS T20 aa+rrr C..ren 96,00 21 Ended ks". Virginia 22401 1703) AW2115 . Wind afar, Virginia 226011 (707) ff?4 3S ( See Sheet 19 of 21 ) \ N Z,y`0958 0 o+at- N / 0 CO, V 5 a 5 0 10 9,208 sq.ft. 59 N 4003319 M 138.27 I N 54 ) ,O (o ,,�8,493 sq. ft. 300 r� / N / 53 \ �l N \ 0 , N \8,340 sq. ft./ 4, 0 Min. Front Setback = 35' �� z,9C� (unless otherwise specified) 6 yP O Min. Rear Setback = 256 6 T2 O �i Min. Side Setback = 10, 9065 ,/ 71 •s3. 02833 M /\ \ 5 2` 70 /4 G 73 $y v 26.25 % 10,506 sq. ft > 74 oSQ� O 68 47 67 W / 48 ��w-� 13,730 sq. ft. °� �N,, 0 r, O o 13,044 sq. ft. \A- \\ \� (See Sheet 15 of 21) .._. r N � m CD d 150.86 r S 39 All Lots are Single Family Detached-. Traditional. All Lots are subject to a 10r Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Propertu Lines. ' 111.96, 74/ GYN//94.76 N/F - ROBERT A. HASH o!RLTN0�� AEGEIICY HEIGHTS 4� P. DUANE ��'r DATE: BROWN� y ..__ NO. 1285 LAND SJ� � 150-C OW. MARCH 26, 1986 SCALE: C=50' SHEET gilbert W. cliff 1 latest inc. 16C ENGINEERS — LAND PLANNERS Of SURVEYORS 1 21 Gn- Md. Drlr. 20 South Crn.r" 96%0 up. 171,0 . 22.01 (703) 596.2113 WI'd Oster. Vtrglm. 22601 (703) "7,21M N 1 1 0 N CD N lu a�4) L w 4' CI v C 10 m to W U a U) z h et 1a of See S e �.r N 21o2s 3t, "= IA6• SEWER to S "sM 51 9,265 sq.ft \.;. \: r20 DRAINAGE w N 0 to N t 52 0 N ro 9,720 sq. ft. I 50 6 C �\ .�\`� / 63 3q T 5 OD I d 191003 sq. ft. I 66 �gp0R65 3W °2" S 2s 1v E J wAR�w� 26.25 N 211 5 3i \ 69 49 \ 68 I 20,788 sq.ft. w �{ {: w n d. M 0 206.90' S 39°09'4/" W "-'//94.76' NJF ROBERT A. NASH Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Alin. Side Setback = 10' - r� o P, DUANE �'.-� DATE: BROWN��� NO. 1285 LANO (Sge 211 Sheet 16 of All Lots are Single' Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage ,Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGENY HEIGHTS MARCH 26, 1986 TSCALE: 1"= 50' SHEET SUbert w mmiates, inc. 17 OF ENGINE[ 86— teAtlOR> NERS 21 NM 20 tooth Cwnoron 11411 22Mt 170.1 qt-277t W Nr Vlr7-2120 ( (See She \',2 of 21) 110'—►2C_ (� �9 \ 62 jam , emu► O F 47 s'S o,� �`p- 10,690 sq. 19 15,223 Sq. ft. IId SAN. SEWER O 49 ESM T. '; 57 47o�j4gn'� Qv emu' 20' DRAINAGE co \.- ESM'T. eso rY % CD � I O 60 \ /57 / w 1�,,`� I `tip. 55 / co m\� 11,849 sq. ft. \' �. 10,835sq.ft/53 hi LU 00 in LLJ 0 CY o :�� \15,552 sq.ft. I of 21 �:::1472 sq. ft.� y 20� N 10' SAN, SEWER .._ ESM T. a 1028 4.18 N 2 <n 17 Df Q11. (see sh Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback a 25' Easement along all Rights -of -Way and a 10' Min. Side Setback = 10° Utility Easement along all Property Lines. AEGENY HEIGHTS 1 0� P. DUANE �G' DATE: MARCH. 26, 1986 SCALE: I"=50' BAROWN 04 x6�;Ni` I SHEET 01� N0. 1285 �o gilbert w cliff iatee, Inc. 18 OF F� v� ENOINEERS _ LAND PLANNER! 21 L4 ND tso.c Oa. Greenwich DriveSURVEYORS :o sin C+rnwron $6,044 Frrd.rfckr0urp. Virginia 22401 (703) AW2115 WMM+rNr. vi.oM. 22601 (703) 647-MU 44 i i 10 Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' ' P. DUANE , BROWN q N0. 1285 ND S�0.p 42 -RV0 �y � 9r h�D p 65 \I2,758 sq.f 10' SAN. SEWER ESM'T. �D 20' DRAINAGE ESM'T. See Sr Ay\J;;. /ao8i W I 64 i -�o 111,797 sq.ft I 63 116 i 9,573 sq. ft. �'` L — .— ---.� � N F— ' S 23043'03" 48 (D r& RAW) - 0. J L pGE C Q 30.00' 0 o1 tci ,;�- i 7 56 � I'tl . `12,596 sq. ft. I ti S:; r N 23O43'O_3" E ' 109.58' (See Sheet 16 of 21) All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a -10' Utility Easement along all Property Lines. 3l0 �I0 �i �� v W W >� X oco AEGEIICY HEIGHTS DATE: MARCH 26, 1986 SCALE: I"=50' SHEET gilbert w cliff iates� Inc.19C lNOINEERS — f.11ND PLANNERS O r ISO-C OIM Ommnwden DA.. SURVEYORS 20 South Canon 86-001 21 Fnd.Ack.Aurg. Virginia 22401 4703) e98•2113 Wkwh+•t... V1,0ma =6011 po» 647411139 .o a 1 (See Sheet' /' of 2/) 43.01' • 0 ti �1 'mo 1. % Q` I Q � F 36 (v 'Po.h 011 Oki69 0 PG •+t-% 90i FJ- C., 112,399sq1t� 37 i PQ`� 41 4 1 0 110, JSAN. SEWER 40 O /8 847 sq. ft. W ro \ ,�/ 20 DRAINAGE 8 \�'' ! �►� \ U •� ( 68 ' ESM�T /�6'e 9`5�. , .;; z;6 20 N 0 13,799 sq. ft. \o 67 Z f 9,630sq.ft of ..'� 1:\.\ `yes i67 00 (See Sheet 18 of 21) Pain. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 25' Easement along all Rights -of -Way and a 10' Min. Side Setback t t0 Utility Easement along`ail Property Lines. t1�-f,ALTH AEGEnCY HEIGHTS P. DUANE c� DATE: MIARCH 26, 1986 SCALE: 1'�= 50� 0. gus.... � SHEET N0, 1285 �. gslbert w. cliff I it3tee. inc.20 OF ENOINEIR LAND 5�� 1 so-C Okla Greenwich Dori. SURVEYORS p South �� � 2 Fredericksburg. Virginia 22401 )703) sss-Zits Winchester. Virginia N/F DANIEL MACKLIN 44 F200.44' FA S 28001'51" E,90.56' w CLco) 2.,�,i v Ognn Cut) 28 2d DRAINAGE ESM'T. it z to S 5604201"W ---96.42' S 46009'48"W,96A2 S 3402 ['17" W — 95.97' ... .... S 5503843�'E — 123.22' 102 31 S 230 a . .... ....... 2.300. M , V.. I f 8 1 W-12 .00''2 2 . ...... ...... . 1 .00 4 038 11,111 U3 t, 9_38 /of 'A 0.3 3 IV. SEw 2 Ep ESM -icy 7600 , T., Ul 247-11 0 z " W--42.09, qz ,_ 76-02 ' , RO' DRAlIV4GE Sla —bR— SM'T- 4 —35.01, ES lz —S jao5o,, E E! 0,, 411 W-160.00, U_ .. ..... .... 10 SAN. SEWER S6802d3O"E-291-29 S561)�:!;,!�,' .. ..... .. . !�� 11 .... ....... ......... h ESM'T. 20' DRAINAGE ESM'T. E OPEN SPACE 'A" S 7.T;j443 4.2462 Acres 40_9.2 IV 77'�. t4/IF IF FARMER N / F LONNIERIGGLEMAN P.DUANE DATE: BROWN NO. 1285 1> FO L4ND 150-C Okk FndMekN R-EGERCY HEIGHTS MARCH 26, 1986 SCALE: I"= 200' SHEE g-Ubert w. cliff inc. 21 OF ENGINEERS - LA NO PLAWWRS I Och Oftve SURVEYORS South C­~ a6vot 21 r9lnta22401 (703)898-2115 Vftoch"lor. Vkgtnm 22601 _ (703) "I-M39 I +1 • � r ,/t �"!� �V � 7 ,yfFf -'!., _ ��,,� C ✓T �"i`i `F"'���t�`��.�"`r r•^Jy'�5��� • +'�` E„�'��!'wK7,;.. � _r.. �.� tri..: � ��r� F' ' ,rr. J 4� _, c Ici:� aS t Y r .� „xr :sf+' Ft�" i S' ., � t X t .; v"' • Y( F;� � � S h c t Y s?^sA G,. .�:-yC ,2 ;r .� R THIS DEED OF DEDICATION (REGENCY HEIGHTS), made and dated this Sq-11 day of se�'44.%z_ , 1986, by and between Regency Lake Associates, a Virginia partnership, party of the first part, hereinafter called the Grantor; THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee; and The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia, party of the third part, hereinafter called The Apple Cart. WHEREAS, the Grantor is the owner in fee simple of a certain tracts or parcels of land situate in Stonewall Magisterial District of Frederick County, Virginia, to -wit: All of those three (3) parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, located in Stonewall Magisterial District of Frederick County, Virginia, lying and being situate on the North side of Route 7, just East of Winchester, Virginia and more particularly described as Parcels A and C and as Regency Heights on the plats prepared by Gilbert W. Clifford and Associates attached hereto and by this reference made a part hereof, and being a portion of the properties conveyed to the Grantor herein by deeds from (1) Kinross Farm, et al, dated December 20, 1985 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 589; (2) George W. Baker, Jr., Personal Representative, et al, dated December 18, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 568; and (3) Frances E. Hulver dated December 19, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 558; as well as a right of way from HARRISON 6 JOHNSTON The Apple Cart, a Virginia partnership, et al, dated ATTORNEYS AT LAW WINCHESTER, VIRGINIA HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA December 27, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 562; and, WHEREAS, Parcel AA (see Appendix AA) and a portion of Parcel A is owned by The Apple Cart, subject to a right of way to the Grantor herein, and The Apple Cart desires to join in the dedication of Parcel A; and, WHEREAS, the Grantor now desires to subdivide a portion of said land into lots to be known as Regency Heights and to evidence that the subdivision, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desire of the undersigned owners and that the said Grantor does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of Frederick County, Virginia and further to dedicate certain roads, to the County of Frederick, Virginia. NOW, THEREFORE THIS DEED OF DEDICATION WITNESSETH: A. That for and in consideration of valuable consideration, including the benefits which will accrue by reason of this dedication, the Grantor does hereby subdivide the land designated as Regency Heights, located North side of Route 7 in Stonewall Magisterial District of Frederick County, Virginia as more particularly described by the aforesaid referenced plats, and does hereby dedicate to the Grantee Parcel A, Parcel C and that portion of said Regency Heights subdivision land, designated for a road, a drive or a place, even thought the same may be referred to as a right of way, all as more particularly described on the aforementioned attached plats, and does hereby create a public right of passage over same. B. The Apple Cart joins in this instrument for the sole purpose of and does hereby dedicate and convey to the Grantee - 2 - HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA all its title to and interest in Parcel A and Parcel AA. C. All the lots, as shown on the plat attached hereto, shall be subject to the following restrictions, which are covenants real and running with the land and shall be binding on all subsequent owners of the said lots, and each deed, by recitation or by reference, shall contain these restrictions: 1. All lots shall be used for single family residential purposes only. No detached garage shall be permitted on any lot. Any utility or other out building on any lot shall be of the same material and construction as the main structure on such lot. 2. No signs or advertising of any nature shall be erected or maintained on any lot except for sale or rental signs for said lot which signs shall not exceed five (5) square feet in area. 3. No boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 4. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 5. No fence or hedge shall be constructed or planted in the front nor along the side (not applicable to corner lots) of any residence nor within twenty-five (25) feet of any street. MM HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA Rear fencing and hedges shall not exceed six (6) feet in height. All fencing shall be of wood construction. 6. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 8. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup. 10. No exterior clothes lines, or hanging device, shall be permitted on any lot, except for an umbrella type with a diameter not to exceed seven (7) feet, provided, however, that the same may only be used in the rear of any building constructed on said lot and the clothes line is stored within a utility building or the equivalent when the clothes line is not in use. 11. Every owner shall provide his lot with off-street parking space of at least 450 square feet, which may include all area in any driveway located on the lot itself, to be used by the inhabitants of the dwelling house located on said lot. Parking on the street shall be prohibited and it is the intent of this restriction that parking space for at least two - 4 - a`.�!'ib ,ytlG• .� t . ,,; W..r _� y . . , - HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA vehicles be provided. 12. There shall be no planting, structure, fences, shrubbery, or other obstruction to obstruct vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five (25) feet of the intersection of any street lines. 13. All split foyer dwelling houses shall have 600 square feet of living space on each floor, excluding carports, garages, and basements, and rancher style dwelling houses, shall have 900 square feet of living space on each floor. 14. All dwelling houses constructed, if said dwelling house has a chimney, and the chimney is flued on the outside of the dwelling house, then all such flues shall be entirely faced with brick or with the same material that is used on the outside of that dwelling house. 15. All lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements of the Frederick County Subdivision and Zoning Ordinances. 16. All of the covenants and restrictions herein shall remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Regency Heights shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 17. The Grantor reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these - 5 - •:.�+��s l�af'j ?+2i�f rr��;x��` r� � Ys,�iL4.i`..y`JC. � .•,ry, v:.F �..i ,1.� .4 �a� -'f �.:t 4�F�": •T ,. �� 7� ... . HARRISON 6 J13HNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA provisions upon any other lots. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 19. The covenants and restrictions herein contained shall not impose any restraint on any land now owned or hereafter acquired by Regency Lake Associates, a Virginia partnership, other than the subdivided lots shown on the attached plats as the Regency Heights Subdivision lots. D. The Grantor reserves for itself and its assigns an easement ten (10) feet wide, along all property lines of each lot for the purpose of installing any utilities including, but not limited to, electrical lines, telephone lines, water and sewer lines and television cable lines. E. "Open Space A", "Open Space B" and "Open Space C" as noted on Page 21 of Appendix B attached hereto shall be conveyed to the Regency Heights Property Owners Association, Inc. (hereinafter called "The Association"). All rules and regulations for the use of theses three areas shall be set by The Association. The Association shall be operated by the following By-laws: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot shown on the attached plat 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 HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and continuing qualification for membership. (2) Each member shall have one (1) vote for each such lot owned by that member. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in Regency Heights. (3) Each member shall have a right and easement of enjoyment in and to the "Open Spaces" as shown on the attached plats and such right and easement shall be appurtenant to and pass with the title to each lot, subject, however, to the conditions and restrictions placed thereon by The Association or hereby. Furthermore, each lot owner's right to use the "Open Spaces" is conditioned upon his payment of the annual assessments noted below and his compliance with the rules and regulations of The Association. (4) The members of The Association shall hold their annual meeting on the first Saturday in April of each year, at which meeting the members shall elect the Board of Directors of The Association, which Board shall initially consist of three (3) members, all of whom must be lot owners. The number of Directors on the Board and the date of the annual meeting may be changed by the membership at their annual meeting. At this annual meeting, The Association shall also designate one of the Directors to be the President and the other a Secretary - Treasurer. The vote of the members shall be by majority vote of those present or represented at the meeting by proxy. The President shall have the authority to call special meetings of The Association for any purpose by giving at least ten (10) days written notice mailed to the last known address of each member. - 7 - HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA (5) The Association, if authorized by members holding two-thirds of the members' votes, may dedicate or convey to any utility or public entity any of the Association's real estate. (6) An annual assessment, beginning in 1987, shall be made by The Association for the purpose of maintaining, im- proving and perpetuating the "Open Spaces" and the recreational facilities thereon and of maintaining street light service to the subdivision. Expenses of maintenance, improvement and perpetuation shall include, but not be limited to, the payment of real estate taxes, insurance, repair and replacement of facilities, legal and accounting expenses and other expenses necessary to operate The Association. The annual assessment shall be owned by the owner of record of each lot as of January 1 of the year of the assessment. The annual assessment for 1987 shall be Fifty Dollars ($50.00) per lot and shall be payable on or before the first day of June, 1987. The amount of each subsequent annual assessment and the time at which it shall be payable shall be determined by The Association at its annual meeting. The amount of the annual assessment shall be set at an amount intended to accomplish the purposes noted above, including the creation of a reserve for anticipated expenditures and emergencies. The Association shall notify each lot owner in writing at least thirty (30) days prior to the assessment being due. Failure to pay an assessment within thirty (30) days after the mailing of the notice shall result in the incurring of interest by the lot owner of twelve per centum (12%), per annum, with the lot owner being subject to the cost of collection, including reasonable attorney's fees, in the event the lot owner fails to make timely payments. All written notices of assessments shall be to the last address given in writing to the Treasurer of the lot owner. The owner of each lot in the subdivision, by acceptance of a deed thereto, is deemed to covenant and agree Mm to pay to The Association the annual assessment described above. In addition to being a personal obligation of the lot owners, the annual assessment shall be a charge and lien against the respective lots subdivided herein, but the lien shall be inferior and subordinate to the line of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, encumbering one or more of the lots subdivided herein, unless record notice to the contrary is given prior to the recordation of such deed of trust. If the owner of any lot is in default in the payment of any assessments, in addition to any other means of collection, The Association may bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertisement once a week for two (2) successive weeks, in a newspaper having general distribution in this County, and after thirty (30) days written notice mailed to the last known address of said owner. Cost of the sale shall be paid from the proceeds of sale before payment of the amount involved. No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the "Open Spaces" or the abandonment of his lot. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia partnership By HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA artnef artner --( SEAL ) EAL) HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA THE APPLE CART, a partnership created under the Aaws of the I C,om�norwealth f VirginiR By 7J_-t822. (j ilNt,,_j4I (SEAL) Partner By //; :2 (SEAL) STATE OF VIRGINIA, ��''�J Par ner OF To -wit: The foregoing instrument was acknowledged before me this 14014�' day of L� �� , 1986, by A/,so,J , as partner of Regency Lake Associates, a Virginia partnership. My commission expires S ATE OF 4 To -wit: 4he foregoin instrument was acknowledge, before me this ;��. day of �itr ; , 19 8 6 , by Ll 4v& -e_' /iC d , as partner of Regency Lake Associates, a Vi` ginia partnership. My commission expires tary Public STATE OF CAOF J To -wit: The foregoing instrument was acknowledged before me this day of 1 1�� ��._����% , 1986, by J as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. - 10 - My commission expires (� (t- Notary Public STATE OF OF To -wit: The foregoing instrument was acknowledged before me this j(-6 rtt I'lu _ day of �I F-v�(,�ti�.��(`) ,' 1986, by as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. My commission expires C I C(C( o Notary Public HARRISON d JOHNSTON ATTORNEYS AT LAIN WINCHESTER, VIRGINIA I E SSS°/9'07'E— CURVE Ne, � Redi .rs Arc. Tow• Ci.er`i GI., Bse •/ws / 7f, 84' /4/.4" '09 � 2 /o3ro3' o 0 3 9.7 25/ 7/' / / n/O '/ E eoo'oo30,O 7 /2' o, 42, .C' o - / o N S o/ / / v %/• /' x G O / '4 S 40 '. -91,500 //3 // ' ' p, ' o. o ' S 'S /0 ' / I / 'o Goo' �' Za. 2' 37 o eo SNA DED AREA FOR I DED/CAT/O/V AS .EA SEMEN T cEL .8.. AR�36 u 0.6964 4c. ARC- /37.,J, • /PfMh'/NOER OF REGENC 60.00 PARCEL ..C_. 0.3614 Ac.,, 3 PROPOSE DAM ` T02: S76'OZ'47'E- 39.70' ;''.'•` To 3 : S12°S0'20"w - 6'O,O/' IQ 3 TO 4 : N 76 e02 47"w 40. 68' TO 6 S SS°/9'07 "'E — 60.00' 7 TO 8 : S 88°S3'20'E 60.00' ARC = 328.11' ,8 SRC = /24.sa1' REMA/NOE-,� OF /PfGENC,K LAKE ASSOC//4TfS Y LAKE ASSOC/f►TES � RARCEL 'A .. 2 r 8082 Ac. ' I N 49009'23 1 49. 45 N 480 08'23'E 60.00'- . 08 N 60.00, 4 2 o►� N � E �o it • v `•� P,. DUANE N0. 1285 r. G414D Sv REFERENCES: DEED BOOK 608 PAGES yl 6581 S'621 ,56811 571� 6'89 , E n `f `� `�`'~�" PLAT TO ACCOMPANY EASEMENT A6REEMEN ►k9 o BETWEEN Alhc ,,�++,, �' REGENCY LAKE ASSOCIATES B, GENrkye '< EST4rE .; AND THE VIR6INIA DEPT. OF HIGHWAYS TRANSPDRTATIOIV STONEW/4L L '"MAG/STER/AL ' b/S TiP/CT FREDERICK COUN7-6 V/R6/N/A AUGUST 14, 1986 SCALE:I"=200 Revise4 Sept. 3,,1986 O <<' gilbert w. cliff associates, inc. --• '';s Ss°s8'¢6�� `� APPENDIX A rpl. SZ ENGINEERS — LAND PLANNERS SURVEYORS OUTS Iso•C OldCk. ,g. VI, inI Dnrr 20 Swth2MI Celn W SM1 $Ti4TE rrw.nc..e,.r°. vlrylnl. zzao. I703l 8as•au wlncn.a., v1,9Inl. nw� (7o3� aY•:gY � If A 33s�• Fr, ' r {j �t ry; Ilk' t `i N -38 SQ. P-7 6c_ ;l' �PARCEL AA _ 0' IRF STATE Rou7E 7 IRF - DENOT.ES IRON ROO =6UN,0 I I F. DUANE C . BROWN NO. 1285 Ao CFO LANDS � PZA7 SNOFIIINF 38 SQUARE FEET OF LAND STANVING IN THE IMPIE OF AL FRED L . SNAPP SR- - & AL FRED L : `SNAPP JR.' LOCATEY7I IN' + STON£f Al Z-1AR/STERIAZ VISTRI,-1' h APPENDIX AA I'MYRICk' COUNTYV1,VF11V1A gilbert w cl f6l associates, inc. ENGINEERS — LAND PLANNERS ISO-C Olds Greenwich Drive SURVEYORS 20 South Carrier Street Fredericksburg, Virginia 22401 (703) S98-2115 on Winchester, Virginia 22ti01 (703) 667-21392173 FINAL PLAT AEGERCY HEIGHTS STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA EQENG ' IGN'l�S. •J� to ' i'. � j/, . � `) � +/ /i a. • � �i �''\ ao:r � g• m .i•S i oo VICINITY MAP APPRO :Frederick County Sanitation Authority Date f Planning Commission Date1Z Subdivision Administrator i � Vl Date ¢- Va. Dept. 'of" Highways ✓ Date` OWNER'S CERTIFICATE The above and foregoing subdivision of the land of REGENCY LAKE ASSOCIATES as n the accompa 'ng plats I 'with the consent and in accordance with the .desires o the under,g ed owners,.proprietors, and trustees, if any. All streets as showiY herein are hereby dedicated to the public use. All property owners in REGENCY HEIGHTS are required to belong to the REGENCY HEIGHTS Home Owners Association. The Association is the owner of all areas shown as open space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this mainten- ance. This fee and all other rules of the Association are set forth in the Restric- tions and Covenants attached hereto. A copy of the Final Master Development Plan for Regency Lakes Estates is on file at the Frederick County Department of Planning and Development. SURVEYORS CERTIFICATE I hereby certify that the"land contained in this subdivision is a portion of the land conveyed to Regency Lake Associates by deed dated December 18, 1985, said dEred recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 608 at page 568, ���►T!i'� O�a� P . Duane Brown, C.L.S. 0 P..DUANE �'... DATE: MARCH.26, 1986 COVER SHEET BROWN�> r SHEET N0. 1285 �►� gilbert W.cliff iatee, Inc. 1 �� -ate OF ENGINEERS — LAND PLANNERS =AND SJ�a 150.0 OM* Or"nwkh DM* SURVEYORS 20 South CM»ron Sb et 21 M Frodeksburg. VlrgInh 22401 1703M-2115 wMeh"W Y m. Z?60 WOV-0]! 9 CURVE TABLE NO. 6 RADIUS ARC TAN. CHORD CH. BEARING 1 09004'06" 405.00' 64.10' 32.12' 64.03' S7f 30'44"E 2 18027'42" 2,000.00' 644.43' 325.03' 641.65' S57044'50"E '3 55002'26" 375.00' 360.24' 195.38' 346.55' N50°32'32"E 4 35039'18" 375.00' 233.36' 120.601 229.61' S84°06'36"E 5 50° 02'28" 200.00' 174.68' 93.35' 169.18' S41°15'43"E 6 37043'02" 200.00' 131.66' 68.31' 129.29' S02037'02"W 7 55058'48" 220.00' 214.95' 116.93' 206.50' SO4°16'21"E 8 09004'06" 380.00' 60.14' 30.13' 60.08' S71030'44"E 9 00051'00" 1,975.00' 29.30' 14.65' 29.30' S66033'11"E 10 020 21' 46" 1,975.00' 81.45' 40. 73' 81.44' SW 56' 48"E 11 02021'46" 1,975.00' 81.45' 40.73' 81.44' S62°35'02"E 12 02021'46" 1,975.00' 81.45' 40.73' 81.44' S60°13'16"E 13 02021'46" 1,975.00' 81.45' 40.73' 81.44' S57051'30"E 14 Of 21'46" 1,975.00' 81.45' 40.73' 81.44' S55029'44"E 15 Of 21'46" 1,975.00' 81.45' 40.73' 81.44' S53007'58"E 16 Of 48'47" 1,975.00' 62.49' 31.25' 62.49' S51002'42"E 17 49000'21" 25.00' 21.38' 11.39' 20.74' S25°38'08"E 18 8r 54'32" 50.00' 71.48' 43.39' 65.55' S42°05'13"E 19 68013'00" 50.00, 59.53' 33..86' 56.08' N62051!01"E 20 44036'30" 50.00' 38.93' 20.51' '57.95' N06026116"E 21 8f 38'08" 50.00' 71.24' 43.19' 65.37' N53°41'03"W 22 47024'13" 25.00' 20,68' 10.98' 20.10' N73°48'00"W 23 '' Of 42'25" 2,025.00' 60.33' 30.17' 60.33' N50°57'06"W 24 Of 13'32" 20025,.00' 78.66' 39.33' 78.65' N52°55*'05"W 25 02013'32" 2,025.00' 78.66' 39.33' 78.65' NW 08'37"W 26 02013'32" 2,025.00' 78.66' 39.33' 78.65' N57022'09"W 27 Of 13'321' 2,025.00' 78.66' 39:33' 78.65' N59035'41"W 28 02013"32" 2,025.00' 78.66' 39.33' 78.65' N61649'13"W 29 02038'51" 2,025.00' 93.57' 46.79' 93.56' N64015'24"W 30 88036'09" 25.00' 38.66' 24.40' 34.92' N21°16'45"W 31 05024'00" 350.00' 32.99' 16.51' 32.98' N25043'19"E 32 18028'37" 350..00" '112.87' 5.6.93' 112.38' N37039'38"E 33 22°18'49" 350.00' 136.31' 69.03' 135.45' N58003'21"E 34 98051'00" 25.00' 43.13' 29.19' 37.98' S61021'45"E 35 4801.1'23" 25.00' 21.03' 11.18' 20.41' S12009'26"W 36 48611'23" 50.00' 42.05' 22.36' 40.82' S12009'26"W 37 62049'42" 50.00' 54.83' 30.54' 52.12' S43°21'06"E 38 54034'29" 50.00' 47.63' 25.79' 45.85' N77056149"E 39 62035'49" 50.00' 54.63' 30.40' 51.95' N19021'40"E 40 48011'23" 50.00' 42.05' 22.36' 40.82' N36001'56"W 41 48011'23" 25.00' 21.03' 11.18' 20.41' NW 01'56"W 42 9e 51'00" 25.00' 43.13' 29.19' 37.98' N37029'15"E sxLTN p�L REGEMY HEIGHTS �'.•• � P. DUANE DATE: MARCH 26, 1986 CURVE DATA 8WN SHEET N0. 1283 4 CUbert W. cliff atee, inc. 2 OF LAND ENGINEERSAND PLANNERS 21 FeAesEO. VlnN 401 (703) $98.2115 dikwyl22 WkiM.Nr. Vky4i �/ ( ,21i! 0 CURVE TABLE NO. Q RADIUS. ARC TAN. CHORD CH. BEARING 43 23020130" 350.00' 142.59' 72.30' 141.60' S81°25'01"E 44 030 27r49" 350.00'_. 21.16' 10.58' 21.15' SW 00'51'.'E 45 90000,001, 25.00' 39.27' 25.00' 35.36' S21016'57"E 46 09023'13" 245.00' 40.14' 20.11' 40.09' S19001'27"W 47 20026'57" 245.00' 87.01' 43.97' 86.56' SO4°09'22"W 48 10026'30" 245.00' 44.65' 22.39' 44.59' S11°14'22'!E 49 62049'11"` 25.00' 27.41"4. 15.27' 26.06' Sle 56'59"W 50 40°3554" 50.00' 35.43' 18.49' 34.69' S26°03'38"W 51 48037'53" 50.00' 42.44' 22.59' 41.18' S18033'15"E 52 4803753" 50.00, 42.44' 22.59' 41.18' S67011'08"E 53 48037'53" 50.00' 42.44' 22.59' 41.18' N64°10'58"E 54 48037'53" 50.00' 42.44' 22.59' 41.18' N15033'05"E 55 23°29'54" 50.00' 20.51' 10.40' 20.36' N20030'48"W 56 26014'38" 195.00' 89.32' 45.46' 88.54' N19608'26"W 57 29°44'10" 195.00' 101.20' 51.77' 100.07' N08050158"E 58 90°00'00" 25.00' 39.27' 25.00' 35.36' N68643'03"E 59 16050'16" 175.00' 51.43' 25.90' 51.24' S57051'49"E 60 33012'12" 175.00' 101.41' 52.18' 100.00, S32050'35"E 61 33031'10" 175.00' 102.38' 52.70' 100.93' S00031'06"W 62 04011'52" 175.00' 12.82' 6.41' 12.82' S19022'37"W 63 48011'23" 25.00' 21.03' 11.18' 20.41' S45°34'14"W 64 41038'54" 50.00' 36.35' 19.02' 35.55' S48°50'29"W 65 49021'22" 50.00' 43.07' 22.97' 41.75' S03°20'21"W 66 47011'07" 50.00' 41.18' 21.84' 40.02' S44055154"E 67 72*18'52" 50.00' 63.11' 36.54' 59.0.0' N75°19'07"E 68 65°52'31" 50.00' 57.49' 32.39' 54.37' N06013126"E 69 48011'23" 25.00' 21.03' 11.18' 20.41' N0203710811W 70 13°33'22" 225.00' 53.23' 26.74' 53.11' N14°41'52"E 71 12037'27" 225.00' 49.58' 24.89' 49.47' N0103612711E 72 78027'47" 25.00' 34.24' 20.41' 31.62' N3403113711E 73 48011'23" 25.00' 21.03' 11.18' 20.41' S82008148"E 74 24002'05" 50.00' 20.97' 10.64' 20.82' S70004'09"E 75 47011'06" 50.00' 41..18' 21.84' 40.02' N74°1911611E 76 47011'06" 50.00' 41.18' 21.84' 40.02' N27008'10"E 77 41013'44" 50.00' 35.98' 18.81' 35.21' Nt7°04'19"W 78 47011'06" 50.00' 41.18' 21.84' 40.02' N61°1614011W 79 47° 11' 06" 50.00' 41.18' 21.84' 40.02' Or 32' 14"W 80 22022'33" 50.00' 19.53'. 9,89' 19.40' S36°45'24"W 81 48011'23" 25.00' 21.03' 11.18' '20.41' S49°39'49"W 82 78027'47" 25.00' 34.24' 20.41' 31.62' N67°00136"W 83 12037'27" 225.00' 49.57' .'24.89' 49.47' N34605'26"W 84 17024'24" 225.00'- 68.36' 34.44' 68.09' N4900612111W AEGEMY HEIGHTS r o o� P. DUANEG' DATE: MARCH. 26, 1986 CURVE DATA BROW SHEET NO. 1285 gilbert W. cliff ietee. inc. 3 OF iCQ NQ ��� ENGINEERS - LAND PLANNERS SURVEYORS 21 160-C Old. Greenwich Delve Fndelleke0ur0. Vlrglnla 22401 (707) S1M-2113 20 South Cam Wa is 49 r, Vlplma 22001 (703) iir4n I CURVE TABLE 13 NO. RADIUS ARC TAN. CHORD CH. BEARING 85 08028'24" 225.00' 33.27' 16.67' 33.24' N62°02'45"W 86 09009'28" 400.00' 63.93' 32.04' 63.87' N70"51'41"W 87 10024'14" 400.00' 72.63' 36.42' 72.53' N80038'32"W 88 09020'13" 400.00' 65.18' 32066' 65.11' S89029'14"W 89 83014'37" 25.00' 36.32' 22.21' 33.31' N53"33'34"W 90 48011'23" 25.00' 21.03' 11.18' 20.41' N12009'26"E 91 38030'49" 50.00' 33.61' 17.47' 32.98' N16"59'43"E 92 64001'16" 50.00' 55.87' 31.26' 53.01' N34"16'19"W 93 71"18'36" 50.00' 62.23' 35.87' 58.29' S78003'45"W 94 64" O1' 16" 50.00' 55.87' 3L26' 53.01' Sle 23'49"W 95 38030'49" 50.00' 33.61' 17.47' 32.98' S40"52'13"E 96 48011'23" 25.00' 21.03' 11.18' 20.41' SW 01'56"E 97 83"14'37" 25.00' 36.32' 22.21' 33.21' S29041'04"W ,. 98 090 20' 13" 400,001 65.18' 32.,66' 65.11' S660 38,'. 1,6"W 99 10032'14" 400.00' 73.56' 36.89' 73.46' S56"42'02"W 100 10"32'14" 400.00' 73.56' 36.89' 73.46' S46009'48"W 101 11"43'44" 400.00' 81.88' 41.09' 81.74' S35001'49"W 102 06"08'38" 400.00' 42.89' 21.47' 42.87' S26005'38"W 103 83041'28" 25.00' 36.52' 22.39' 33.36' S64052'03"W 104 02"45'34" 430.00' 20.71' 10.36' 20.71' N74040'0C"W AREA SUMMARY Area in Lots 20.5344 Acres- .. Area in R/W 4.3231 Acres Area in Open Space ::9.0314 Acres Total Area Subdivided 33.8889 Acres - Number of Lots 72 Average Lot Size lt,423 Sq. Ft. o4�SALTNo��t REGEIICY HEIGHTS c� R DUANE �G' DATE: MARCH 26, 1986 CURVE DATA VD BROWN 1 SHEET K 1285 gilbert w cliit I iatee, ine. q OF ENGINEERS - LAND PLANNERS 2 FO LAN J M 150-C Ole. Or"nwgDrhr. SURVEYORS 20 South C"oron St wl Fr.4.nck.bur0. Virginia 22401 (703) $964113 Wlnch.at.r, Virginia 22601 (7031 "74120 713.77 .501,00 /V\ s • ` •` \'' / 12°50 0 it Q N Wo Q N a. - N N Z t W U) _a ow W 13,685 sq.ft. N 13P0 915 _ 10' SAN. SEWER ESM'T _ I N I 12,844 sq.ft. L- — — — --� N _ — -- N 23052'19" E 3 171.95' o — -- — — o� 3 QD I t° 1 Z13, 250 sq. ft. I , I I N 26014'05" E 167.53' 0 4 ti I 12,804 sq.ft. I N 28035151" E 160.00'�—�— V, (See Sheet 6 of 21) Min. Front Setback - 35'.. (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' o r� P. DUANE �� DATE BROWN 0 -J 0 O N_ to DRAINAGE ESM'T. All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGERCY HEIGHTS MARCH 26, 1986 SCALE: 1"= 50' SHEET 0� NO. 1285 gilbert w cl ZmMiates, inc. 5 OF I, 5J� ENGINEERS — LAND PLANNERS L4 ND V 150-C Olde Greenwich Drive 20 South Cameron tYisef 2) Fredericksburg, Virginia 22401 (707) 896-2115 Winchester, Virginia 22601 (709) 867-2/J9 I (See Sheet 5 of 21) N 28035'51'1 E 16000-� r -- 5 \ 12,704 sq. ft. Q N W Q _0 N a w.Cf) , a 0 °' Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' P. DUANE ��' DATE: BROWN WWI N0. 1285 L_ 3p 7'37` E 1� 164.86r I i0 � 6 _ ^ 12,952 sq. ft. ro f I f 3 N 330 91 #2 E J 166.63' O � _ clO I Z 12,969 sq. ft. IV 35°41'p9 E J r _ 165.32' 13 12,756 sq.ft. ' I CO) • I 15 � / �r (See Sheet 7 o/ 2�, All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way .and a 10' Utility Easement along all Property Lines. REGEIICY HEIGHTS MARCH 26, 1986 SCALE. 1"=50' giibert w cliftiatee, Inc. ��O L4ND 5lsi; 150-C Ol le Greenwich Drive ENOIt1EE Sa(VEYORSPLANP1ENa ,g south F ederieksburg. Virginia 22401 (703) M-211S Wkrchwster, Virginia 22601 SHEE OF 21 n R 0 in m r to (See Sheet 6.of•21) \ txeo �oni,I oI 9 to 2' I 12,261 sq. ft. _ N 4 0 024' 4 \ \/ W N 10 a a 100, 0 024 s ft. � s !co' 4/ Is / 1 w to a 1 I 0 cvn 0. A, w, f w rn� w: Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25.' Min. Side Setback = 10' ' k DUA N E °W 01 . 1285 ' O L4 ND 1 19 1 \ 1 \ II � 21,262 sq. ft. I O N Irno Iz -J 39 o09 g/ �'� o• N /,F ROBERT A. NASH All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. HEGEIICY HEIGHTS DATE: MARCH 26, 1986 SCALE: 1"=50' 3 0 ''L'EJ 22 'Mr W 2 ot Z�l � yrggt l`�eg cUbert w A Won, ine. ENGINEER{ — LANO,/LUMPIS SUIIVEVORS DrIvt 20 South Cameron Sheet 22401 (703) 999-211S Wind aslar, Virgin; 42901 (M!) 967.2139 SHEET 7 OF 21 N Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback 10', o � O (0 O a, m � /,2! d Q / LIJ (See Sheet 9 of 21) Ai _ . r•. 1 15 10,640 sq. ft. , 20' DRAINAGFy ESM'T N / 14 C11,066 sq. ft. I J N Co I 1 �21 / Id SAN. SEWER ) ESM'T. 3 I M 19 20 ` �,\ I4,I89 sq. ft. U) 0 I NI j 12 ir) I AJ 26,444 sq. ft. ��~` v o Ai 0 o) f W 20' DRAINAGE a ES M'T (dI All Lots are Single Family Detached- Traditional.^yjy4 T 6 All Lots are subject to a 10' Slope &, Drainage Easement along all Rights -of -Way and a 10' N / F Utilitg Easement along all Property Lines. RO B E RT A. NAS H AEGEIICY HEIGHTS r� O� �.�. rr= P. DUANE DATE MARCH 26, 1986 SCALE: I50' 0� Bad O..7,1111�. �.,.., SHEET NO. 1235 n 4 . gilbert w cliff intes, Inc. 8 OF Q ND ENGINEERS — LAND PLANNERS SURVEYORS 2 I 150-C Old* Greenwich Drive 20 South -cameo" Sheol Fradarloklburg, Virginia 22401 1702) M-2115 wkwch+aNr, VlpUwa 22W1 (M) M7,t3S Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' C� P. DUANE DATE: BROWN •-• NO. 1285 LA ND 5�� 150-c oa. on FnderlekWura 3 ir LO v (See Sheet 10 of121) 29 � • r''1 �� N 27004'01" E ti145.99' 1 19 a 28 I 11,490 sq. ft. CD L _ _ J N 29017 33" E 136.88' o 1s to I 10,865 sq. ft. ' �� N l� N 31,3f_05"E _ 3 131.09' M 17 10,517 sq.ft % 1 - -J m N 3°44'3T" E w Lt1 _0 a 16 co 10,442 sq. ft. o a I o7 50 I29 3� ' (See Sheet 8 of 21) All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. REGENCY HEIGHTS MARCH 26, 1986 SCALE: I"=50' SHEET Gilbert w cliff sates, Inc. '9C ENGINEERS — LAND p�N R6 b O r Y2�fURVEYORB 2I d 224 tG South �4 01. (70.1) �W21/5 WMrcM�Nr, VI rw Z2W1 (M) 64 7-2139 OPEN SPAG 10'SAN. SEWEI% ESM'T N W 0 10 �-20' N 23001'4' E —228 0 85.70' 70.00' 22 z 23 0N . 100, �< 8818 f t. 19 18,400 sq. f t. 0 CL L r. W F- 0 LAJ 10' 43.76' L —70.00— __--J26 DRAINAGE 1 11 ESM'T 21) 10 75.00' -7 24 / z — 0) ro 0 19,000 Sq f t IO"D C� 20' 75.00' N 23001'19' E-260.00'_— LAKEWAY DRIVE (50' R/W) 61.8 F-- F -- 20 21 M. 1) 101 571 sq. ft. I ia Ok 8,5 0 2 s q. f t ►KC); 0�::; L N 27004'01 'Ci (See Sheet 9 of 21) 10'SAN. SEWER ESM'T OPEN . .....PACE B11 See St t 21 of 21) All Lots are Single Family Detached Min., Front Setback = 35' - Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 25' Easement along all Rights -of -Way and a 10' Min. Side Setback = 10' Utility Easement along all Property Lines. REGE11CY HEIGHTS P. DUANE DATE: MARCH 26, 1986 SCALE: I =50' BROWN 'NO. 128 SHEET a;Ubert w. soclates, Inc. 10, OF LAND ENGINEERS — LAND PLANNERS 21 150-C OW* Or�wlch Drtv* SURVEYORS 20 South Canwon Sb%A Fredwick.sburg. Vlrqln�� 22401 q") 10".2"S Wlneh.str, V1,94ma 22601 — ol M-W, OPEN SPACE °CII (See Sheet 21 of 21) N 34021'17° 'E 95.97' N 46O0g0 E 9g 42, 4818 NSGO M 25 3 9642� CD N I �I N 110,881 sq. ft. o 127 01 26 ZI v1-1 10,490 sq. ft. /n° o / / 00 L M a/ 10,490 sq. ft. �3 Ai LA KFWAY ORI C - VE 1r \ \ \ 3 %w0 O072 J N 7IIn ,sq. . \ / \ 12,401 sq. ft. Cn I L — —/ �'S 0,04 / 0, \� m 34021'17° / 70 w 43.01 �l 9,051 sq. ft. U \ a- Z 9aoo3y��� O 3�0 (See Sheet 20 of 21) Min. Front Setback = 35' (unless otherwise specified) ,Min. Rear Setback = 25' Min. Side Setback = 10' Jig J P. DUANE �r ROW 0-9 NO. 1285 4 O a LAND SJ4 `v 20' DRAINAGE ES M'T. ry m If I `d All lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGEnCY HEIGHTS DATE: MARCH. 26, 1986 , SCALE: I"= 5d • 1 SHEET gilbert w Azmm inter, Inc. I Ic ENGINEERS — LAND PLANNERS _ 21 I 1S0.rN C OW* Gnwleh Drtw SURVEYORS 20 South Cs,nKM en SI ,..Ack*0ur0. VI In1a 22401 1703) S6N-211S WWch.*W. Vk•01,w 22601 (702) N7-2139 0 so diq P C 5Q 2� oo �6\ �.• OQ���reON `seen 30 5 s 14,585 sq. ft. 9 � 29 \12,926 sq. ft. 2 �O 10 \ T 1 � a 28 NCO \ 12,119 sq.ft. O, \ I 93 \ IN. IN, � 31 \12,926 s q. f t. / !o 20' DRAINAGE ESM'T. IV L F 9r E _ r 91 0 � o CC 0 L er _ 90 � 2 N v U) ( 32 / , .:k,7 12,119 sq. ft. o� N n w N I t I / N � Q °Z YZ - Z Z 89 x88 LAKES RIVE I (50' R/W) Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' (See Sheets 11 81 19 of 21) All Lots are Single -Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. fo.*101,TH0�' AEGE11CY HEIGHTS r� P. DUANE �'.. DATE: MARCH 26, 1986 SCALE: 1 50' VBROWN .4 I SHEET o NO. 1285 � � gilbert w cliff I fates. Inc. 12 OF FQ ILA ! , ��� ENGINEERS UR L"D MNERS 21 W N0 IWC OW Greenwich Dd" 20 Sara Carn.ran Still Fr*d*ACk*bur9. V1r91n1* 22401 1703) •96-211f Wi wh+ohr. Virgin 22601 (70316474139 2� 1 See Sheet \2 01 ti i e l ro N 0 / I IOI 33 18,128 sq. ft. I 1 0 O j 4° N 33 35 4 187.52 Ti Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' Z � 34 I � �. 8 I 16,035 sq. ft. I °` co L� 3-4303" E —180.03_- O1 0 35 I 00 to 0o o I 14,402 sq. ft. °D I I W w Lti "co R' N 23043'03" E c°o Q 180.03' 0 W m 0 co t0 (n P. DUANE .+ DATE: BROWN NO. 1285 4~ 9 �3�F0 5���{v LAND150-C oae On FnMAokWA"* 0 36 I o Q 10 CD 14,402 sq. ft. I �� N 23043'03" E 180.03' (See Sheet 14 of 21) All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of —Way and a 10' Utility Easement along all Property Lines. REGEIICY HEIGHTS MARCH 26, 1986 SCALE: I"= 50' SHEET cUbert w chit sates, inc. (3C ENOINEERS — LMO. • 0 f suRVaYO C R 21 ao sewn c.m.roe ar..1 12401 pw► 862115 WMeMskr, v rirtOt M7 N 0 ID 10' SAN. SEWER ESM'T._ L Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' t?6LTlf p�,�� P. DUANE �c� DATE: BROWN NO. 1285 L4ND S� 130•Cowe Fr.a.elek.s ( See Sheet 13 of 21) 180.03' 37 > I 14,402 sq. ft. I a o°' LL 2 � �.J N' 23 4,3 180.03 W 0 > 38 I I 15,775 sq. ft. _ _ I 184.50 39 19,884 sq. ft. AV � \ I T sq. ft ;s . beef • `y o` Z\1 `see S 1 1 All Lots are Single Family Detached- Traditional. . All Lots are subject to a 10' Slope & Drainage Easement along `all Rights-df--Way and a 10' Utility Easement along all Property Lines. HEEEIICY HEIGHTS MARCH 26, 1986 SCALE: I"= 50' ' SHEET gilbert w 44z"Mlatez, Inc. OF EN61NEE1SYRVEUY LAND 0r Greenwich Drive- 20 s.�,w Can.een sr.N ORS 21 mi. Virginia 22401 p0.7) SSS•211S WW4h**W. Virgin. 2 1 ) _ffa E y v ° O- •oa Z et Jr Ot ? �� m Sre J ' lsee • „ B 10' UTILITY og4 49 ESMT. Sheet ,4 Ot SO lsee O N 0 6 I 1 42 11,657 sq.ft. 75 45 S _ I N N tag \ 9,334 sq. ft. 44 y 9,333 sq. ft. \. S3J.4 43 1 0 (I Nw: \ 16,682 sq. ft. I % 3900,9 ROeER iFii000, i A. NQ SH Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' o���,t►LT J 101�c•�� All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along'all Property Lines. AEGEIICY HEIGHTS h h) W r.*- P. !AFf*d@ftk*".V1r91n1&22401 DATE: MARCH 26, 1986 SCALE; 1"=50' ��,D�� SHEET NO. gtlbert w cliff inter, Inc. 15 OF ,,ENGINEERS — LAND PLANNERS 21 L160-C Olds Onwnwloh Drne SURVEYORS South Cornwell Still p03) SM•2115 wNbeho ter. Worwo ZNOI (M) 0 41b N 0 0 m ( See Sheet 19 of 21 ) ...: ,t 109' 15 / \ 10 55 IV, " M /01 � 9,208 sq.ft. N a ti N 40033�19" E 2 M 138.27' 54 � ,8,493 sq.ft. F 53 \8,340 sq. ft. NG O' ti v, Ui P-L ��� ,p Fsa �t$1 Min. Front Setback = 35'(unless otherwise specified) 6© Min. Rear Setback = 25' 66 / hlin. Side Setback - 10* /% 71 s3 N 90 g5 S Z1oZ833 W / a 70 46 10,506 sq. ft a' \ _0 68 47 \P 67 / \ N \ N / 48 \ o 13,730 sq. ft. �- 1 ���-- 0 / 13,044 sq.ft. \AWN_'-\ t.... < 00 c^ m00) 0 o d to --- L m /30.86 All Lots are Single Family Detached- Traditional. All Lots are subject to a 10, Slope & Drainage Easement along all Rights -of -Way and a 106 Utilitu Easement along all Proaertu Lin O�ALTN C�V` P. DUANE BROWN �'� N0, 1285 4'- O J LAND 5J� (See Sheet 15 of 21) S 3.910941 W -\--//94.76 N/F ROBERT A. NASH es. AEGEIICY HEIGHTS )ATE: MARCH 26, 1986 SCALE: C=50' SHEET gilbert w cliff 1 iateer Inc. 16 OF C ENGINEERS — LAND PLANNERS SURVEYORS �. V1r9fn s 22401 poa) ew-2ns wlnen..t.r. wr91rws 20 �1 (70 1 ea� 14 lot SP,14. 51 SS r50 — of 211 (See Sheet . 20' IT AGE ES M 19,003 sq. ft. I O J � 49 \ \ 20,788 sQ. ft. \ ?IV CL M O 206.90, 1111 S 39 °09'4/" W--"1194.76' N/F ROBERT A. NASH w Min. Front Setback-= 35'. (unless otherwise specified) Min. Rear Setback = 25° Min. aide Setback = 10" th-V x Ofi�. C� P. DUANE-DATE BROWN N0. 1285 � 52 � 9,720 sq. ft. � a 21o2f3 33_W oR1vE sA Ew R/Wl �50 26.25 of 211 lSee Sheet 16 All Lots are Single Family Detached- Traditional. Al? Lots are subject to a 10' Slope 8c Drainage ..,Easement along all Rights -of --Way and a 10' Utility Easement along all Property Lines. HEGEIICY HEIGHTS 17, 21 O 1 1 MARCH 26, 1986 SCALD: I"= 50' - SHEET Gilbert w cliff sates. Inc. ENOINEE/IsuRV�ORRs F 20 fount Canwran •YMt ��01 701 eNd115 N 110'::\E— •;�N (See S 20'—o 021'17" E, of 21) 20 ... 62 0 %> 10,690 sq.ft. 61 15,223 sq. ft. 10' SAN. SEWER` ESM'T. ' --=470074g 51 11= —20' DRAINAGE IESM'T. 1 52 60 II 849 sq ft K. Ilk / \�. SST 0S��t 2500 4 / 57IVY / y _ 835 sq., 20 UJ N N :.is t� 01 �3,472 sq.ft. ., \15,552 sq.ft. o0,21 �': q' 1�e 10SAN, SEWERT. ESM `..: steel Min. (Front Setback - 35° (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback = 10' All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope &, Drainage Easement along all nights -of -Way and a 10' Utility Easement along all Property Lines. o�,-i?,LTN�. �r AEGEnCY HEIGHTS rl F. DUANE �'.• DATE: MARCH. 26, 1986 SCALE: I"= 50' BROWNSHEET N0. 1285 O gilbert w cliff istea, Inc. 18 OF ENOMEE11S — LAND PLANNERS 21 O LAND 5J 150•C DIM Oreen ich D&O SURVEYORS 20 South Cameron Street Fndertoksburg. VWg1n1a 22401 (70.1) SW2115 W nch*slor. V1rglma,22$01 (707) 607-21311 of 2`1 CJv 42 \ Q�P6`y g o5, O 5 \` 16 � 2 •�� :�� - 65 � 4 10' SAN. SEWER —�' y,�\I2,758 sq.ff� ESM'T. 00 20 DRAINAGE —� ESM'T ami o\ 2\1 N. Sreet 20 \ �•��� ` 82 ® v� `see \ ` y\ `\ • . 10'`� 4 / I 0 64 0 3 tG � _��°' 11,797 sq.ft. I 9� 63 Flo I o " 9,573 sq. ft. �'` L U-) PAO\ 48 30.00' �. Q S� 23043'03° 48 �5�1 R/ N) �s GE mA s� r Min. Front Setback = 35' (unless otherwise specified) Min. Rear Setback = 25' Min. Side Setback 10' ' P. DUANE BROWN NO, 1285 LAND 0 TO, J Q\, P 30.00' 56 P s \ 12,596 sq. f 1. I �1 N 23043'03" E 109.58' All Lots are Single Family Detached- Traditional. All Lots are subject to a 10' Slope & Drainage Easement along all Rights -of -Way and a 10' Utility Easement along all Property Lines. AEGENY HEIGHTS DATE: MARCH 26, 1986 SCALE: I"=50' SHEET gnlbert w clitt iatee, inc. 19 OF .... ENOINE[iURVE�YORf 21 NFRi . 150•C Olh Greenwich Drive. - 20 Sw1b CanMen Sb*M FhtlMeks0ur0, Virginia 22401 (702) 595.2115 WlnM+lMi, VlrphW n001 (702) N74125 N O N v- O 1 I N 34-211 43.01 (See Sheet // of 2/ F -\ 'a��$ I F 69 I / / cal I N 112,399sq.ftj 37 a- to aOD 68 iL 0 13,799 sq. ft. z W CL 10' O .00' ee 36 d,4 6�h G0011 oh P i9 �� Qv rt•�'\o C t r4 °i 41'r ?�•, 0, 10' SAN. SEWER ESM'T. 40 / 66 ¢' 38 /8,847 sq. ft. \ ; 39 .� < <il `• v-20' DRAINAGE 8�03, E S M'T \s9 9� ,,�/ �.. ,`•. k 20 67 lb 9,630 sq.ft ;, �' ` of 0 I �9 �`; `'' •: 4�. \fee as R%. (See Sheet IS of 21) Min. Front Setback = 35' All Lots are Single Family Detached- Traditional. (unless otherwise specified) All Lots are subject to a 10' Slope & Drainage Min. Rear Setback = 25' Easement along all Rights -of --Way and a 10' Min. Side Setback 10', Utility Easement along'all Property Lines. 4ShLTJ1 AEGEIICY HEIGHTS- . F. DUANE �'• DATE: MARCH 26, 1986 SCALE: I"= 50' BROWN am.... I � NO, 1285 gilbert w 40�mlatee, Inc. LANDS ENOINEERS — LANO PLANNERS SURVEYORS 1 SaC Ow. Ora*mvkh Drive 20 South Canw..an sa Fradarkks0urg. Virginia 22401 (7ot) 996-4556 windweteJ, vi SHEET 20 OF 21 N/F DANIEL MACKLIN S66,71657 ,?00.44' "I �A v % 4J10 cruy V6 S 28001'51" E,90.56' 28 20' DRAINAGE EMIT. ov z S 56042'01"W —96-42' _0 20" lco .V N - or—. Cl. 43 Ul ,7 U3 10' SAN. SEWER ESM'T. 0� P. DUANE BROWN NO. 1285 CFO A ND S 46009-48 W —96-42 — S 34021'17" W 95.97' ... ... S 55O3843" E 123.22' 102 1, 31 S2,300-1 19'W`��:!J, —6874' 58 1 1 I� V.00 P > 9-30.1 10,S41 *381388 % *\ N. Sewe91l.a2t 2 IV 7600,,4j�,.,, esler I S 76'0024 7, WW_N-14620..009U, to OVSM%T. 12050#20 'e35.01, ES ?41I.IV4GE r Cl) • Z S56 08 a 01, Sl6so2d3d'E-291-2 018E. 3.7 20 DRAINAGE ESM T. OPEN SPACE A S77 43 Cl) 4- 4.2462 Acres 004#43 N 7NSF NSF T'' COI-E IRICVAARID R OS TEL_ lFp,lRME LONNIE RIGGLEMAN REGEnCY HEIGHTS E: MARCH 26, 1986 SCALE: I"= 200' 1 SHE gUbert w. cliff iates, inc. 21 OF ENGINEERS — LAND PLANNERSMe Gro&nwlch Drive SURVEYORS 20 South co"wroft $41,601 21 cksburg. Virginia 22401 (703)828-2115 Wind now. virgin. ZNOJ (703) &S7-T139 R; � �, .,r � Q '. � L, Cn Cf.�.. ._:- �'- A �: � . � � ice'' `. ry+ y//% . _..� f�^ti -a �,": ,+ V '''y3 c-,', _ e: I& THIS DEED OF DEDICATION (REGENCY HEIGHTS), made and dated this S11-11 day of1986, by and between Regency Lake Associates, a Virginia partnership, party of the first part, hereinafter called the Grantor; THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee; and The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia, party of the third part, hereinafter called The Apple Cart. WHEREAS, the Grantor is the owner in fee simple of a certain tracts or parcels of land situate in Stonewall Magisterial District of Frederick County, Virginia, to -wit: All of those three (3) parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, located in Stonewall Magisterial District of Frederick County, Virginia, lying and being situate on the North side of Route 7, just East of Winchester, Virginia and more particularly described as Parcels A and C and as Regency Heights on the plats prepared by Gilbert W. Clifford and Associates attached hereto and by this reference made a part hereof, and being a portion of the properties conveyed to the Grantor herein by deeds from (1) Kinross Farm, et al, dated December 20, 1985 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 589; (2) George W. Baker, Jr., Personal Representative, et al, dated December 18, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 568; and (3) Frances E. Hulver dated December 19, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 608, at Page 558; as well as a right of way from The Apple Cart, a Virginia partnership, et al, dated HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA I HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA December 27, 1985 and recorded in.the aforesaid Clerk's Office in Deed Book 608, at Page 562; and, WHEREAS, Parcel AA (see Appendix AA) and a portion of Parcel A is owned by The Apple Cart, subject to a right of way to the Grantor herein, and The Apple Cart desires to join in the dedication of Parcel A; and, WHEREAS, the Grantor now desires to subdivide a portion of said land into lots to be known as Regency Heights and to evidence that the subdivision, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desire of the undersigned owners and that the said Grantor does further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of Frederick County, Virginia and further to dedicate certain roads, to the County of Frederick, Virginia. NOW, THEREFORE THIS DEED OF DEDICATION WITNESSETH: A. That for and in consideration of valuable consideration, including the benefits which will accrue by reason of this dedication, the Grantor does hereby subdivide the land designated as Regency Heights, located North side of Route 7 in Stonewall Magisterial District of Frederick County, Virginia as more particularly described by the aforesaid referenced plats, and does hereby dedicate to the Grantee Parcel A, Parcel C and that portion of said Regency Heights subdivision land, designated for a road, a drive or a place, even thought the same may be referred to as a right of way, all as more particularly described on the aforementioned attached plats, and does hereby create a public right of passage over same. B. The Apple Cart joins in this instrument for the sole purpose of and does hereby dedicate and convey to the Grantee HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA all its title to and interest in Parcel A and Parcel AA. C. All the lots, as shown on the plat attached hereto, shall be subject to the following restrictions, which are covenants real and running with the land and shall be binding on all subsequent owners of the said lots, and each deed, by recitation or by reference, shall contain these restrictions: 1. All lots shall be used for single family residential purposes only. No detached garage shall be permitted on any lot. Any utility or other out building on any lot shall be of the same material and construction as the main structure on such lot. 2. No signs or advertising of any nature shall be erected or maintained on any lot except for sale or rental signs for said lot which signs shall not exceed five (5) square feet in area. 3. No boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 4. No animals of any kind (including livestock, poultry or birds) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 5. No fence or hedge shall be constructed or planted in the front nor along the side (not applicable to corner lots) of any residence nor within twenty-five (25) feet of any street. - 3 - HARMSON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA Rear fencing and hedges shall not exceed six (6) feet in height. All fencing shall be of wood construction. 6. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 8. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup. 10. No exterior clothes lines, or hanging device, shall be permitted on any lot, except for an umbrella type with a diameter not to exceed seven (7) feet, provided, however, that the same may only be used in the rear of any building constructed on said lot and the clothes line is stored within a utility building or the equivalent when the clothes line is not in use. 11. Every owner shall provide his lot with off-street parking space of at least 450 square feet, which may include all area in any driveway located on the lot itself, to be used by the inhabitants of the dwelling house located on said lot. Parking on the street shall be prohibited and it is the intent of this restriction that parking space for at least two - 4 - HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA vehicles be provided. 12. There shall be no planting, structure, fences, shrubbery, or other obstruction to obstruct vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five (25) feet of the intersection of any street lines. 13. All split foyer dwelling houses shall have 600 square feet of living space on each floor, excluding carports, garages, and basements, and rancher style dwelling houses, shall have 900 square feet of living space on each floor. 14. All dwelling houses constructed, if said dwelling house has a chimney, and the chimney is flued on the outside of the dwelling house, then all such flues shall be entirely faced with brick or with the same material that is used on the outside of that dwelling house. 15. All lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements of the Frederick County Subdivision and Zoning Ordinances. 16. All of the covenants and restrictions herein shall remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in Regency Heights shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 17. The Grantor reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these 5 - HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA provisions upon any other lots. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Grantor herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 19. The covenants and restrictions herein contained shall not impose any restraint on any land now owned or hereafter acquired by Regency Lake Associates, a Virginia partnership, other than the subdivided lots shown on the attached plats as the Regency Heights Subdivision lots. D. The Grantor reserves for itself and its assigns an easement ten (10) feet wide, along all property lines of each lot for the purpose of installing any utilities including, but not limited to, electrical lines, telephone lines, water and sewer lines and television cable lines. E. "Open Space A", "Open Space B" and "Open Space C" as noted on Page 21 of Appendix B attached hereto shall be conveyed to the Regency Heights Property Owners Association, Inc. (hereinafter called "The Association"). All rules and regulations for the use of theses three areas shall be set by The Association. The Association shall be operated by the following By-laws: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot shown on the attached plat 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. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and continuing qualification for membership. (2) Each member shall have one (1) vote for each such lot owned by that member. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in Regency Heights. (3) Each member shall have a right and easement of enjoyment in and to the "Open Spaces" as shown on the attached plats and such right and easement shall be appurtenant to and pass with the title to each lot, subject, however, to the conditions and restrictions placed thereon by The Association or hereby. Furthermore, each lot owner's right to use the "Open Spaces" is conditioned upon his payment of the annual assessments noted below and his compliance with the rules and regulations of The Association. (4) The members of The Association shall hold their annual meeting on the first Saturday in April of each year, at which meeting the members shall elect the Board of Directors of The Association, which Board shall initially consist of three (3) members, all of whom must be lot owners. The number of Directors on the Board and the date of the annual meeting may be changed by the membership at their annual meeting. At this annual meeting, The Association shall also designate one of the Directors to be the President and the other a Secretary - Treasurer. The vote of the members shall be by majority vote of those present or represented at the meeting by proxy. The HARRISON s JOHNSTON President shall have the authority to call special meetings of ATTORNEYS AT LAW WINCHESTER, VIRGINIA The Association for any purpose by giving at least ten (10) days written notice mailed to the last known address of each member. - 7 - HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA (5) The Association, if authorized by members holding two-thirds of the members' votes, may dedicate or convey to any utility or public entity any of the Association's real estate. (6) An annual assessment, beginning in 1987, shall be made by The Association for the purpose of maintaining, im- proving and perpetuating the "Open Spaces" and the recreational facilities thereon and of maintaining street light service to the subdivision. Expenses of maintenance, improvement and perpetuation shall include, but not be limited to, the payment of real estate taxes, insurance, repair and replacement of facilities, legal and accounting expenses and other expenses necessary to operate The Association. The annual assessment shall be owned by the owner of record of each lot as of January 1 of the year of the assessment. The annual assessment for 1987 shall be Fifty Dollars ($50.00) per lot and shall be payable on or before the first day of June, 1987. The amount of each subsequent annual assessment and the time at which it shall be payable shall be determined by The Association at its annual meeting. The amount of the annual assessment shall be set at an amount intended to accomplish the purposes noted above, including the creation of a reserve for anticipated expenditures and emergencies. The Association shall notify each lot owner in writing at least thirty (30) days prior to the assessment being due. Failure to pay an assessment within thirty (30) days after the mailing of the notice shall result in the incurring of interest by the lot owner of twelve per centum (12%), per annum, with the lot owner being subject to the cost of collection, including reasonable attorney's fees, in the event the lot owner fails to make timely payments. All written notices of assessments shall be to the last address given in writing to the Treasurer of the lot owner. The owner of each lot in the subdivision, by acceptance of a deed thereto, is deemed to covenant and agree - 8 - to pay to The Association the annual assessment described above. In addition to being a personal obligation of the lot owners, the annual assessment shall be a charge and lien against the respective lots subdivided herein, but the lien shall be inferior and subordinate to the line of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, encumbering one or more of the lots subdivided herein, unless record notice to the contrary is given prior to the recordation of such deed of trust. If the owner of any lot is in default in the payment of any assessments, in addition to any other means of collection, The Association may bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertisement once a week for two (2) successive weeks, in a newspaper having general distribution in this County, and after thirty (30) days written notice mailed to the last known address of said owner. Cost of t e sale shall be paid from the proceeds of sale before payment o the amount involved. No owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the "Open Spaces" or the abandonment of his lot. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia partnership artn - BSEAL) / Partner HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA HARRISON S JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA THE APPLE CART, a partnership created under the flaws of the Commozwealth >; f Virginia By. %,� 'e22; 2/ .F3 ivw- 4 _ (SEAL) Partner gy r (/ :(SEAL) STATE OF VIRGINIA, A-11AA-f Par ner �. OF To -wit: The foregoing instrument was acknowledged before me this (� day of �� ,� J 1986, by A/so,l) fi- r►%' , as partner of Regency Lake Associates, a Virginia partnership. My commission expires STATE OF v •2fc ✓; OF )� 2/ZeK 4 To -wit: 4he foregoin instrument was acknowledged before me' this f 4c' I day of 1986, by d, as partner of Regency Lake Associates, a Vi ginia partnership. My commission expiresd 2&� tary Public STATE OF ,` , kI_vj OF L U To -wit: The foregoing instrument was acknowledged before me this day o f i` k4 7�q >^-1� ,L% 1986, by as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. - 10 - My commission expires �1 lr' Notary Public STATE OF '�S L OF iJ i,u c ��_ti , To -wit: The foregoing instrument was acknowledged before me this I ( day of 1986, by t as partner of The Apple Cart, a partnership created under the laws of the Commonwealth of Virginia. My commission expires oc! u r t. Notary Public HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA S S-5°/9'07 ",F 60.00, CURV9 7-4846 Ne. O Redivi Arm ' " -Ton. C:+erd G!w Bsa•fws 2 /o3eo3' "2oo.06' .7 .' 2 54 /' 313,/ O ' '/ .° . . / . . f . .. •� . �' •� C'/ / 263.tee' ' • ' N . ge -0-7. / f / . • I 0.0' • I 0936.32 • • • ,l♦ 4 . O G • N RE/1'>A/HOER OF REGE/VC r LAKE -VSS'6C/.4TES v ¢ -03 / TO2 :_S 76..02'47"E-•-.39.70' 2 TO 3 : S/?°SO'ZO"w - 3"O.O/' 510 10 3 TO 4 : N 76 e02'47"W 40. 68' i , , \y, t. O(+� REMA/NDER OF /PE6ENCY L,9KE ASSOC1,4TES - —3. 866/ ACRES 11 13 N 4$°09' 23 "E '17 s� IV 480 08'23 "E N 4/05-l'37"W. 60.00, s I � a IVAa Try2 o e TE ROUTE 7 r- g„ 5 � i %•1� /Z Ott �•;, P, DUANE ,13 V �.� Bck...,�Nieg..w,r. 5- NO. 1285 Fo Galva S�0? REFERENCES - DEED BOOK GOB PAGES s58, S'62, 5-680 s71 � s89 4v4 c R.M. C44R/SR, /PN. c.R:tR, Jfc. , PLAT SHOWING .. ✓. c.�xh;Fe ES 3.8661 ACR STANDING IN THE NAME OF REGENCY LAKE ASSOCIATES L 0C.4 rE.0 /N STONEWALL /NAG/ST.ER/AL D/S TiP/CT FREDERICK CO(/NrY.I VIRGIN/A JULY 8, 1986 SCALE:1"=200' gllborc w rain I iaxos, ine. ENOINEE SUNVEYONSPIANNERS 20 S°Wh C o, vry"iwol�te° ioi c�w� efts sns Winchester, vlrylMs Z MI S b'5°/9'07 "E 60.00, ,m7777 77-777;7,7 Culrvg TAst d �, /��q!► 6 Ns, di Radl.•s "A.a: ; Toe. C/�ird CL Osa•/ws I / • • 7 /4 • B • /4/ • • '09'� i�, i / a o Of" • ' I I , ' • I r \ \ -- %59.93' o.o ' '1K. • -,¢' T02: S76♦02'47"E^-39.70' t 2T03:S/2♦50'20"W-,S0.0I' ' /0 3 TO 4 : N 76 ♦02'47'W — 40. 68' l � REMA/NOER OF REGENCY L/lAE 4SS0C/ATES -N- 60, REMAINDER OF REGENc y LAKE ASSOC/.9TES � ',�.3. 86 6 / ACRES N 4$009'23"E ss 13 49.145' IV 490 08'23 "E a O$ 60.00'� N/F N 4/°S'/'37"W. Fa 00' 3 5p ;.` .w 1 � `w i�I . 9. ,.q .jQ r�A F. DUANE 13 • N0. 128 � J 03 7�0 L4NO T° �2 303$ REFERENCES: DEED BOOK 608 PAGES SsB, S'62, S60, S'7I � 589 64 5.2' TE RoUTE 7 150-0 OWe Onenwh:h Di1w FredeAeksMuO, Vkpinte 42b1 (703) SSS-2115 'v*r R.M. CAgR1k*Ry R.N. c..4 jR' R, JR• CA I.R/i'Q PLAT SHOWJNG 3.86(01 ACRES STANDING IN THE NAME OF REGENCY LAKE ASSOCIATES L OC44Ed /N STONEWALL MAG/STEM/AL O/STR/CT FREDERICK COUNTY VIRGIN/A JULY 8, 1986 SCALE:I"=200' gilbert w cliff i"es, inc. ENOINEFRS LAND PLANNERS SURVEYO—RS 20 South'r7g n Winchester, Vironts t1601 O) 00 .i Try � \ I / ,! •�Ef • � 1 ' AtWee I d> 3 n%/F &0 p -" •GSA* / /-JO C4MMERC/AL � . � � ,,... ' ► , ' ,, Q� _ _ .. ENTRANCE ' 'OTE: ION 'RA [TOR 60 ALt "iPOADiY.4Ys. �, i iQ/!Y vq IT Aod • ,� 71 . lb Z i lF 2- 30 COi►•rERuAL �. , :GRAD/NG Ti7 Tf/E� � � ,,,,.•."...... � A,{ Ja14� e.. �, STD oARo ' 1, • . F.4/rvtFo .._ _ 'z CURB .f GUTTERI GLow - A.t 1 a ' Y�ve 184 RECONNECT P �� • 8+ Taavwo LEE<SAN SElYE�P .E'a {/ ' O/'� .� S1RYICE TO a Q�' /O~r✓ , CuL✓ERT NE.'sEty f m.41N it I S0 58'6" 5.R -7 w. L. 61.52 _ ._._ r_ _......._ o✓E EX. G v� ,,� 70' I /00 rev AREA/ 1 1 � 1 i Ea.loO�R✓1aU � Fite o rb , fj AacC #I rb J PAINTED �� —�J -� PA/i✓l ��� McLLOW TRAfF/C (. STiPIPE LZ T 145 ' FLOW i4RR �'✓s I _ �`C�s� h , /�- ENTRANCE STR/PE DETAIL HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA THIS RIGHT OF WAY AGREEMENT, made this day of , 1986, between Regency Lake Associates, a Virginia. partnership, of the first part, hereinafter called the Grantor; Virginia Department of Highways and Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WITNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described a8 Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 568. The► easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to create in the Grantor any contractual right to a degree, standard or term of HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA maintenance any greater than that allowed then as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or as it may he altered or amended in the future. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from a bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum Amount of Thirty-five Thousand Dollars ($35,000-00) for the maintenance, repair and replacement of said dam and said roadway pursuant to the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be reviewed annually by the Department, which shall notify the Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. it shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the event of a dispute as to a proper amount, the Grantor may appeal the decision of the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event. that the road constructed across the top of said dan, becomes inipassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to thy, satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam. 5. The Department shall have such arcess to the -dam and surrounding areas as is re-asonably necessary for the purpose of I maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA clam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from th,? highway to the lake and o t -her area not included in the easement is an element of maintaining the surface, lbase, shoulders and guarcl rails of said roadway. 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless f-or any liabil4tV for maintenance of the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's Highway System. 11. The obligation of the Grantor herein (in addition to being a personal obligation of the Grantor) shall run with the ownership of said Parcel B (described by the attached plat) over which said dam and roadway is constructed. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia partnership Fiy(SEAL) Partner (SEAL) Partner VIRGINIA DEPARTMENT OF HIGHWAYS AND TIRVINISPO11TATION EVA FREDERICK COUNTY (SEAL) - 4 - HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this day of -, 1986, by 1 as partner of Regency Lake Associates, a Virginia partnership. my commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF To -wit: The foregoing instrument was acknowledged before me this day of 1986, by 01 as partner of Regencv Lake Associates, a Virginia partnership. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wit: The -foregoing instrument was acknowledged before me this day of , 1986, by as of the Virginia Department of Tlighways and Transportation. My commission expires STATE OF VTRGTNIA, AT LARGE, a S: Notary Public OF , To -wit: The foregoing instrument was acknowledged before me this day of , 1986, by of Frederick County. - 5 - my commission expires HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA Notary Public RAYO PETHTEL. COMMISSIONER E DGAR WfON, JONESVI %I.E BRISTOL DISTRICT STEPHEN A. MI'K'ELWHITE, ROANOKE SALEM r fi JAMES L. DAWOSON. JR.. LYNCHBURG. LYNC M PHILMORE HOWIETTE. RICHMOND, RICH D C. ROGER MAIBON. VIRGINIA BEACH, SL'FF RS H R HUMPHREYS, JR., WE£MS. FREDERICK f) CONSTANCE R KINCHELOE. CULPEPER. CULP ROBERT INSMALLEY. BEAR YVILLE. STAUNTON JOSEPH M GUIFFRE, ALEXANDRIA. NORTHERN YIR T. EUGENE SMITH, MrLEAN. AT LARGE URBAN ROBERT A. OUICKE. ALACKSTONE AT LARGE -RURAL ��kJ * DISTRICT OCT 1986 is "ECEIVED ISTUPT. OF PLANNING TR�410 DEVELOPMENT PffMONWEALTH of VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET RICHMOND, 23219 Edinburg, Virginia 22824-0278 September 30, 1986 (703) 984-4133 g Mr. H. K. Benham, III C/O Harrison & Johnston Attorneys At Law 21 South Loudoun Street Winchester, VA 22601 Dear Mr. Benham: Ref: Regenc Fr OSCAR K MABRY DEPUTY COMMISSIONER J. M. WRAY, JR. CHIEF ENGINEER J.T. WARREN DIRECTOR OF OPERATIONS JACK HODGE DIRECTOR OF ENGINEERING SALLY H. COOPER DIRECTOR OF RAIL AND PUBLIC TRANSPORTATIONJ. G. RIPLEY DIRECTOR OF PLANNING AND PROGRAMMING ALBEATW. COATES. JR. DIRECTOR OF ADMINISTRATION J, W. ATWELL RECTOR OF FINANCE 123ds LvG FREDERICK COUNTY Administramrs Uhtce `"• : aj�e EstaAgs riC— Zz This is in regard to the proposed agreement on the above subdivision you sent us with your letter of September 4, 1986. The agreement has been reviewed by our Secondary Roads Division and the Attorney General's Office. The following are suggested areas to be modified: 1. Frederick County should be made a party to the agreement since the Board of Supervisors is responsible for officially adding the applicable roadways to the Secondary System. The County is responsible for approving the development plats and the County will have oversight responsibility for interim facilities' maintenance prior to addition to the Secondary System. In addition a provision should be included holding the Department of Highways and Transportation harmless for any liability prior to the roads being added to the Secondary System. 2. Change part of paragraph two as indicated on the attached Xerox copy. Furthermore, the subsequent phrasing in paragraph two as to the establishment of an arbitrator to set the surety amount should there be a disagreement. The Department of Highways and Transportation must be removed due to a State Supreme Court ruling - See Deal v. Commonwealth, 224 Va. 618 (1983). 3. Correct the spelling in paragraph three ("extent" rather than extend). 4. Add the underlined to paragraph seven at the end of the sentence: . . . may discontinue maintenance of the roadway over the dam in accordance with applicable provisions of the Code of Virginia. TRANSPORTATION - AMERICA'S LIFELINES Mr. H. K. Benham, III September 30, 1986 Page 2 5. Bonding on alternate access route to ensure availability should be included. This amount could be determined using the formula in the Department's Subdivision Policy and secured in an appropriate manner until a State maintained alternative is available. The changes suggested here are reflective of the original draft submission. Your subsequent draft agreement removing the associates as a party in being reviewed now as expeditiously as practicable. By copy of this to the developer and his engineer we are apprising them of this review. Do not hesitate to call if there are any questions. Sincerely, W. H. Bushman Resident Engineer WHB/rh Attach. xc: Mr. Alson H. Smith Gilbert W. Clifford & Associates Mr. Paul F. Cecchini Mr. Donald E. Keith Mr. K. D. Walker Mr. John R. Riley, Jr. HARRISON 8 JOHNSTON BURR P. HARRISON 1904 1973 ATTORNEYS AT LAW WILLIAH.K.BENHAMMA.JOHSTON WINCHESTER,VIRCINIA 22601 H. K. BEHAM m BILLY J. TIS INGER THOMA.S A. SCHULTZ, JR. RONALD J. BROWN 21 SOUTH LOUDOUN STREET BRUCE E. DOWNING ELIZABETH B.JOHN5TON September 4, 1986 Mr. W. H. Bushman Virginia Department of Highways and Transportation P. 0. Box 248 Edinburg, Virginia 22824 Re: Regency Lake Associates Frederick County, Virginia Dear Mr. Bushman: MAILING ADDGRESS: P. a BOX 809 TELEPHONE AREA CODE 703 667-1266 �cb, 0. Enclosed herewith please find initial draft of instrument to convey easement over dam within the Regency Lake area. Also enclosed please find first draft of Deed cif medication for remainder of road from Route 7 through Regency Lake property to Regency Heights Subdivision. These instruments are sent for your review and comments. _ By copy of this letter I am sending copies to the other parties involved. Please advise whether easement and Deed of Dedication should be both to the County of Frederick or to the Department of Highways or as presently typed. Looking forward to hearing from you, I am Sincerely yours, H. K. Benham, III HKB,III:krb Enclosures ,�ti��yrF'�"�; cc: Mr. Ronald W. Rooze -v r_•``'� Mr. Alson H. Smith�� 11 Mr. Scott Marsh's HARRISON C JOHNSTON ATTORNEYS AT LAW WINCHLITLA. MOM TIiIS RIGHT OF WAY AGREEMENT, made this day of , 1906, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantorl Virginia Department of Highways and Transportation, of the second part,' hereinafter called the Departmentl and Regency Heights Property Owners Association, Inc., a Virginia corporation, of the third part, hereinafter called the Association. WITNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 606, at Page The easement granted hereby is made upon the following terms and conditions: 1. The Department.shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for lany maintenance, repair or replacement of the dam across which Iisaid roadway is constructed. Further entry into this Agreement MBNISON L JOHNSTON ATTORNEYS AT LAW WINCNLRTER. VIRGINIA by the -Department shall not be construed to create in the Grantor or the Association any contractual right to a degree, standard or term of maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it'now exists or as it may be altered or amended in the future. 2. The Grantor and the Association covenant that they will be responsible for any maintenance, repair or replacement of said dam and of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as t? any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation, the Grantor and the Association hereby covenant and agree to provide and maintain an irrevocable letter of credit from a bank authorized to do o business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000•.00) for the maintenance, repair and replacement of said dam and said roadway•pursuant to the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount shall be reviewed annually by the Department, which shall notify the Grantor and the Association if the amount of said irrevocable letter of credit or surety bond is determined to be insufficient for its purposes. It shall be the responsibility of the Grantor and the Association to maintain said irrevocable letter of credit or surety bond so. e-OAd syshr•-y .shows oa A101.'c,wd.'It A AW.4CAod sez..�s.as long as"thia-Agreement-remains in-eff-eat-and-that-this- �/ sso 301E S fie Y6 4 t0- A NY 20 .a r.4- .aCc F,v F6d '-4 A0 -Agreement shal-l-no-longer-be-ire-efgev lf--s-aidr-revocable vicecc S«or+.1 � ,-1 3yoT-... ?o.c. wd,- Ae.y a vc.�r .�nl.i s ,r siod �Vo�clL�f c� �'•1.d.a, -letter--af-credo-ter,-auraaty-bond-au�-RRo malsa44ned, In the event of a dispute as to a proper amount, a third party expert shall be appointed by the local Circuit Court Judge.to assess — 2 - WRISON i JOHNSTON ATTORNET! AT LAW WINCNESTE4. VIRGINIA the proper amount of the irrevocable letter of credit or surety bond. 3. The Grantor will reserve the sixty (60) foot wide ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable the Grantor will maintain said easement to such extenrand to such a condition, acceptable to the Department,'that it can be used as a road by automobiles at any and all times. 1 4. The Grantor and the Association shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam. 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor and the Association shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the Department, so neglected.or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the - 3 - SON R JOHNSTON rGANLTD AT LAw NL1TLA, TI26INIA Department may discontinue maintenance.of the roadway over the dam. 8. Drainage of water from the highway to the lake'and other areas not included in the easement 'is an element of maintaining the surface, base, shoulders and guard rails of said roadway. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia partnership By ( SEAL ) Partner i By (SEAL) Partner VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION By, (SEAL) REGENCY HEIGHTS PROPERTY OWNERS ASSOCIATION, INC. By, (SEAL) Presiaent STATE OF VIRGINIA, AT LARGE, OF , To -wits The foregoing instrument was acknowledged before me this day of , 1986, by , as partner of Regency Lake Associates, a Virginia partnership. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wits. The foregoing instrument was acknowledged before me this - 4 - day of , 1986, by , as partner of Regency Lake Associates, a Virginia partnership. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wits The foregoing instrument was acknowledged before me this day of , 1986, by , as of the Virginia Department of Highways and Transportation. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wits The foregoing instrument was acknowledged before me this day of , 1986, by , as President of Regency.Heights Property Owners Association, Inc., a Virginia corporation, on behalf of the corporation. My commission expires Notary Public i HARMON i JOHNSTON AMAMI AT LAW WINQHL/TLA. VIRGINIA 5 • 1 . SHA DE'O AREA FOR DED/CAT/O/V AS--�- •EA SEMEN T P4RC64. �I �ARC-36,3. 0.6964 Ac. ARC= /3ZS J. 1 Y 1• 1 NOE � w , 60.00' "� I • PARCELL 7 :..1 ti• 9 sO' 2 � 3 ' e v I. PROPOSE PAN 1'02: S76'OZ'47"E^►3P.70' :.;,.. ,3 TO 4 : N 74 *02'" �47" — 40.18 7 70 8 : S 88•S3'20"E — 60.00' ARC 328. no 8 ARC a 124.S•2' i REMA/NDE/� OF REGENCY LAKE ASSOC1.44ES 1 N RE/Yu/ R oF REGENcr' LAKE ASSOC/ATE.S 1 PARCEL 1 2.8082 AG. I 1 49. ¢S'to ' Al 48.08'23 "E' O� �� pj•rg,oP- 60.00'1 .•�. n/ � ' N 4/0S/037" 60.00, Hti L• r 12 P. p,. DUANE C'.+ J3 BROWN NO. �'• � N0.1285 . r ��O L4ND r) AEFERf:NCES : DEED BOOK 608 PAGES 558, s02, 568, S71 Soo R. PiAT TO A C�OIa�1 PANY EASEMENT AGRFEMEN 0 . BETWEEN ti N o REGENCY LAxs ASSOcIATES o%TXv� ^) h ,� AND THE lb sr''rE� o n VIRGINIA DEPT. OF HIGHWAYS $ TRANSPORTATION �, •� is STONEWALL M.4a1swR/AL D/STi?/CY '� :�► FREDER&K cauNry, V/R6//V/A AUGUST' 141'1986' SCALE:1"s200' • .'�` � v Revis�4 Sept 3/ 1986 1iR' ' 0 O p Cilbort w clll[ . i►Yrocie,tes. inc. "APPENDIX A 1 Y 4 [NOINLI `YAr! D PLU MS 1$0-c 01" Oi...n�lcll Oe.. 70 aml 11031"s21 MATE ROUTE !� �,.w.lc..er•o. vrolwl. »al Itul ow.n,o wrmn..w. r1.yM.>7{01 ue» wr.>tuo L.. N,.'f . Yt'.wwNESrd'R MALL I C. ' E%Sit:!/Y/C L CYWTRACr/NG CC.� ANC. .Is reor. GAS LIME + 1r 3' • e� 11 z 4 r EG 30, v (k �` ' ' ;� 6 L0M SS - GRESS (� W 4 ` I EASE Nr ' 14 $41'29' 52"E 330.5'1' WI 1 Lvpityl / y 1-010 11* . OY 4 / N 41 •SI'37"W r �' •p�L. C. '�S►N•iRrZ A 4�t / CURVL FABLE' rltt ' ' ' "vita. "ARC ARC TJW. G10RD C0.7 8ruji i 1:.IC3a'3t:': 2190.00' *4331S4 318./ _ .631.01 W St1'10 SS W ' 33500' 4l1.04 SS7.64 MOV N W3 30' E 3 Nle'3d' ° '14000 " 417.0 • 225.70' '40144 31'31'S4'E 4 13 0r3J" 440.M 1021.33 1ORAS 7.40 N7r'SCn'r t WOW' 1000.00 42133' 325.48' 419.00' 57*31'Jt;'E ' G V22'02' .500.00 fAG.4i l4+3J IdS.3� S K'.82'10'E 1 !Orly ' ISS. 404Of3 tSV t 63.3 S10'�3 13'r 1 S Son, 1 "E /EAO . 260.00' LINES �t a Is ' 7. si►Ytp 0 4 0 �1'� P. DUANEROWN q V i4•�/ 8�to�a. a��.,.u., � • /� owing 60' INGRESS -EGRESS trASE/NENT NO. -1285 t►hrou5A the /and 00, �2 RzG,FNCY LAKE ASSOCIATES • FREOMCK rC0//NrY� L M�t+6/iTER/AL wS /c V/RG/NA4 •- QHD JAY 31j 1104 SCALL: / 8400 CUbort w. ,n:lltt latto�. lne— APPENDIX B 9040M[[A[ — LWD t+L,ANNIMB 1t" ON• cromw" DAw tW1Y[YOR[ t0 titww t,wwan •� /gs•,kt•bho$. YYOIeY t7.Ot (f0[) M.11 1 WM+dr•+a. tit..td• n..+ p01 NPf+70 HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA THIS RIGHT OF WAY AGREEMENT, made this day of , 1986, between Regency Lake Associates, a Virginia partnership, of the first part, hereinafter called the Grantor; Virginia Department of Highways and Transportation, of the second part, hereinafter called the Department; and Frederick County, of the third part, hereinafter called County. WITNESSETH: That for valuable consideration, the Grantor grants unto the Department an easement, sixty (60) feet in width, over that certain strip of land, containing .6964 Acre, located just East of State Route 7 in Stonewall Magisterial District of Frederick County, Virginia, and more particularly described as Parcel "B" on the plat prepared by P. Duane Brown, C.L.S., attached hereto as Appendix A and by this reference made a part hereof, and being a portion of the property conveyed to the Grantor herein by the Estate of Joseph F. Hughes by deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 608, at Page 568. The easement granted hereby is made upon the following terms and conditions: 1. The Department shall have all rights necessary to maintain the base, surface, shoulders and guard rails of said roadway, but that approval of the expenditure of State funds for such purposes shall in no way constitute approval for expenditure of State funds to maintain the dam over which passes said roadway. The Department assumes no obligation for any maintenance, repair or replacement of the dam across which said roadway is constructed. Further entry into this Agreement by the Department shall not be construed to create in the Grantor any contractual right to a degree, standard or term of HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA maintenance any greater than that allowed them as citizens by law or by the Department policy adopted pursuant to law, either as it now exists or as it may be altered or amended in the future. 2. The Grantor covenants that it will be responsible for any maintenance, repair or replacement of said dam and of the roadway described in Paragraph 3 below, and agree to indemnify and hold harmless the Department as to any maintenance, repair or replacement of said dam and of said roadway. To secure this obligation and Grantor's obligation to maintain an alternate roadway under Paragraph 3 below, the Grantor hereby covenants and agrees to provide and maintain an irrevocable letter of credit from a bank authorized to do business in the State of Virginia payable to the Department or a surety bond in the minimum amount of Thirty-five Thousand Dollars ($35,000.00) for the maintenance, repair and replacement of said dam and said roadway pursuant to the obligations of this Agreement. Said irrevocable letter of credit or surety bond amount may be reviewed annually by the Department, which shall notify the Grantor if the amount of said irrevocable letter of credit or surety bond is determined by the Department to be insufficient for the purposes sent forth herein. It shall be the responsibility of the Grantor to maintain said irrevocable letter of credit or surety bond so long as the road system shown on Appendix A attached serves as the sole State maintained access to any road accepted into the Secondary System for maintenance and situated North of the dam. In the event of a dispute as to a proper amount, the Grantor may appeal the decision of the Department within the Department and to the Court system. 3. The Grantor will reserve the sixty (60) foot wide - 2 - HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA ingress and egress easement shown on the Appendix B attached hereto as "Regency Lakes Drive" for public access to all roads in Regency Heights Subdivision in the event that the road constructed across the top of said dam becomes impassable. The Grantor may change the location of the easement. The Grantor will maintain said easement to such extent and in such a condition, acceptable to the Department, that it can be used as a road by automobiles at any and all times. 4. The Grantor and the Association shall have such access to the easement area conveyed hereby as is reasonably necessary for the purpose of maintaining, repairing or replacing said dam, with the understanding that the work is to be conducted to the satisfaction of the Department, so as to minimize any interference with the flow of traffic or with the Department's right to maintain the surface, base, shoulders and guard rails of the road over the dam. 5. The Department shall have such access to the dam and surrounding areas as is reasonably necessary for the purpose of maintaining the surface, base, shoulders and guard rails. 6. The Grantor shall save harmless the Department from any and all liability for injury, damage or any expense whatever that results from the construction or failure to properly maintain, repair or replace said dam. 7. In the event that said dam is washed out or destroyed by any cause or is, in the opinion of the Commissioner of the Department, so neglected or maintained or repaired in such manner as to make ordinary and regular travel on said roadway unsafe, or the maintenance and repair of the surface, base, shoulders, and guard rails of said roadway impractical, the Department may discontinue maintenance of the roadway over the - 3 - HARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA dam in accordance with applicable provisions of the Code of Virginia. 8. Drainage of water from the highway to the lake and other areas not included in the easement is an element of maintaining the surface, base, shoulders and guard rails of said roadway. 9. The County joins in this agreement for the purpose of and does hereby consent to the agreements made herein. 10. The Grantor shall hold the Department harmless for any liability for maintenance of the roadways covered by this agreement until such time as those roadways are added to the Secondary System of Virginia's Highway System. WITNESS the following signatures and seals: REGENCY LAKE ASSOCIATES, a Virginia partnership By Partner By Partner (SEAL) (SEAL) VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION By FREDERICK COUNTY By STATE OF VIRGINIA, AT LARGE, (SEAL) (SEAL) OF , To -wit: The foregoing instrument was acknowledged before me this day of , 1986, by , - 4 - as partner of Regency Lake Associates, a Virginia partnership. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this day of , 1986, by , as partner of Regency Lake Associates, a Virginia partnership. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this day of , 1986, by , as of the Virginia Department of Highways and Transportation. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To -wit: The foregoing instrument was acknowledged before me this day of , 1986, by , as of Frederick County. My commission expires HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA - 5 - Notary Public CvRVE TA6L.G ' A.e •r.;. c1,..d al e...�s / ' /4 /' 78.841 /4/.7 N 'e9.6 2 /03'03' O o ' 3 9. 7 L /. 7/' / I A( O ' '/ 'C '00'00' 30,/ -I `Q ` I .O M G I / ' / ' • /♦ ' o. O. d s /O ' ' gxl 's •� O o ♦ '/ ' 0.00,' 7 0 'o / '/ •• /'t -' o• / ' 7/. SHADED AREA FOR DED/CAT/ON' AS - EA SEMEN T P.4Rc6L .B �ARC=363-26 D. 6964 4C. ARC= 13IZ86' RfiYli9//✓oE/? of S SS°/9'07'E 60.00' 'PARCEL' q 0.3614Ac,, t5 9 so. 2 S34"40'.S3" ' /59.93 ' b� PROPOSE DAM / TO2 S 76'OZ'47 Ao 3 : S/2°SO'20"W ^- SO.O/' ro 4 = N 76 ' 02 '47"AV 40. 6 8' TO 6 S 5-s,'/9'07 "E ^' 60.00' f�_:;7 TO 8 ' S 88'S3'20"E ^• 60.00' ARC = 328. //' ARC = I24. S2' REMA/N00? OF REGENCY LAKE 4SSOCIArTS 60' REGENC y LAKE ASSOCIATES ; �� PARCEL 'A 2.8082 Ac. 1 N 48°09'23"E 49.4.5' IV -A8° 08'23'E �10`°'O) n N 4I°.5-/'37"H1 60.00' O N/F n� � EsrArE � . N, M� • � I V ' C °"`III``` n. •`, Ii STATE ieoyTE 7. t 17/ 12 s"+rN DIp o P. DUANE 13 V �A� BROWN x N0. 1285� � REFEREn►CES : DEED BOOK 608 PAGES 558, S162, 568, S71 f 589 TO A MPANY EASEMENT AGRFEMEN PEAT CCO BETWEEN " REGENCY LAKE ASSOCIATES AND THE VIRGINIA DEPT!' OF HIGHWAYS $ TRANSPCRTAT/01v STONEWALL MAG/SWR/AL D/STR/CT FREDERICK COUNTY, ✓/RG//V/A AUGUST 14, 1986 SCALE: 1"=200 Revised Sept. 3, 1986 6 ffubert w. clif� te socias, inc. LAND EMOINEEN�VE SURVEYORS PLANNERS APPENDIX A t w. or"nwich On.. '!0 fount C 03) 0n NMl 30•C O FrM.rtck.wrf. Vwp1ro. re.ot ,>'03i wnttts wrnet...t«. vtrprw. mot I>'w1 N-ft�f 11 W k%1hV '•4fSTElc / OR =E \ Q - \ T +� 0" Ni I ' N 518 30'/3 W = • ' 836.89 ,ac W' S - CRESS T J w 1 t�ttir' LI L N T �/N41•SI'37"W1 v 604.85 �A —�, n1vow REGENCs JR. S41*29' 52"E 330. S/ ' — `v 6 lW �u S 5-6 `11' 1 "E OVE EAD '(, a 260.00, PON' LANES r pR1vE - 7 i• -- - CVRVF (ABLE' N0. b MDIIU " - ARC THAT. C/IARD CX, BFARIN6 L_ .JC38'34 _: 2180A0' G3329_ 318.8Y_ 15.02' N SD'f0 SS JV 33SG0' 691.04' 5n64' SX 89 N 00'3 30' E 3 54'18.38- ' -440.W* 417.08' 225.70' 401.64' N 37.31'54'E 4 arork;7 " 440.G0' f 022.33 10►4. 9B 807.40' N 71 •SC Zrr r 9CO3'2f' 1000.00 1 629.33' 32s.48' 619.00' S 59.31'36E 6 ,Zr2Z'02' S00.00 186.44' 94.33' 1 185-.39' j S "'S2'20'E T 9e 1Z' 2S5. 404.43 Y Q 'RE6ENCY HEIGHTS" pty [AerE > � 15]!. y0 iib3 S f0' f3'E 11 P/a owing 6 0' /NGR hSSS - E6RE S EASEA?ENT REGENCY LAKE ASSOC/ArEs SroNEw4,.L MAG/srERiAL ois7R1cr FREDER/GK COUNTY V/RWMAof JUCY 31,1104 SCALE: i•'=400' Silbert w ,cliff sates, inc. ENGINEERS - LAND PLANNER! mnwWh WRVEYDRS . V"w" ns01 (M) EN-llti wwwh*sbr. Vkyn"nw a �� i&&u,js oi�� o P. DUANE BROWN NO. l285 ,� LAND t'v� APPENDIX 8 D, r J+4hRp COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER July 26, 1990 Mr. Heiko Mues C/o Driggs Associates, Inc. 4061 Patter Mill Road, Suite 400 Calverton, MD 20705 Dear Mr. Mues: Ref: Proposed Entrance Regency Lakes Estates Phase I Section ."B" Frederick County Upon further review of the above referenc sit�pp ated December 28, 1988 please find our recommendations on the as markedin red and as follows: 1. The 38' radii shown at the Regency Lakes Drive and Geneva Circle intersection appears to be adequate. 2. A standard DI-3B curb drop inlet will be required on Geneva Circle in lieu of the proposed curb opening. 3. The proposed 15 C.M.P. between Lots 197 and 198 which outfalls onto the Regency Lakes Drive right-of-way will be acceptable. However, as I am sure you are aware this Department has previously approved a G. W. Clifford & Associates site plan for this section of Regency Lakes Drive. Said site plan details a culvert at Station 27+60. Therefore, a standard DI-7 drop inlet will be required as noted in the future in order to tie the two (2) pipes together. Please ensure the developer understands this requirement. Please revise and resubmit three (3) copies for final approval. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. Should you have any questions, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer a 4. `V I -,.. . By: Robert B. Childress JUL 2 7 Hwy. Permits & Subd. Spec. Senior RBC/rfi.d Attachments xc Mr. R. L. Moore, Mr. J. B. Diamond, Mr. J. C. Heatwole, Mr. F. E. Wymer, Mr. R. W. Watkins, Mr. Chuck Maddox TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 August 30, 1989 Mr. James Marlow 730 Wollaston Drive Winchester, VA 22601 Dear Mr. Marlow: P/ � WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Regency Lake Estates Regency Heights Subdivision Frederick County This is to advise during a routine field inspection on August 24th, I discovered the installation of a section of storm sewer which is not in accordance with the approved subdivision plans. In particular, a 15"x100' CMP between Lots #59 and #60 at the end of Chelan Place. I would like to take this opportunity to remind you before any changes or revisions are made in the field to an approved set of plans, my office will need to review the proposed change. At this time, I will require you to submit to this office a plan or sketch of what is actually in place at this location for review. Should you have any questions concerning this matter, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. Scot Marsh, G. W. Clifford & Assoc. Mr. R. W. Watkins D "GowlE 0 OF] TRANSPORTATION FOR THE 21 ST CENTURY s, Fly ° 1989 L COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 February 7, 1989 Mr. Scot Marsh C/O G. W. Clifford & Associates, Inc. 20 South Cameron Street P. 0. Box 2104 Winchester, VA 22601 Dear Scot: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref.: Regency Lakes Drive Loop Road Frederick County This is to acknowledge receipt of your revised plans dated September, 1988. The plans appear satisfactory and are approved. Please advise the developer accordingly. After completion of Regency Lakes Drive, portions of the development may then qualify for acceptance into the State's Secondary Road System. Should you have any questions please advise. RBC/sl xc: Mr. R. W. Watkins Sincerely, ���3- - Robert B: Childress Hwy. Permits & Subdivision Specialist Senior For: J. B. Kessler Assistant Resident Engineer TRANSPORTATION FOR THE 21 ST CENTURY 'ram= COMMONWEALTH Of VIRGI IA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 December 8, 1988 Mr. C. E. Maddox, Jr,, P.E. C/O G. W. Clifford & Associates 20 South Cameron Street Winchester, VA 22601 Dear Chuck: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref.: Regency Lakes Drive Loop Road Frederick County This is to acknowledge that the revised plans to the above reference have been reviewed. Everything appears satisfactory with the exception of a note to be added on the plans to drain the sags in the cut sections at stations 26 + 50 and 50 + 50 as shown on Sheets No. 3 and 5. Also the guardrail as shown on Sheets No. 4 shall be changed to GR-2 with GR-7 Standard End Terminals. Please incorporate the above mentioned revisions into plans and resubmit for final approval. I also want to bring to your attention that the 50' gas easement paralleling Regency Lakes Drive as shown on Sheets No. 3 and 4 does not clearly depict its location. Enclosed is a copy from the Land Use Permit Manual Pages 3-48, 3-49, and 3-50 Section "B and C" for instructions concerning gas lines located in a proposed subdivision development. I trust it will be within these guidelines. In reference to our recent conversation and my review of the correspondence, our office has never reviewed the entrances to the development in Regency Lakes Estates, Phase One -Section "A". Should you have any concerns, do not hesitate to call. CWL/sl attach. xc: Mr. R. W. Watkins Mr. J. C. Heatwole Mr. C. L. Kurtz Shenandoah Gas Co. Si ncerel17, C. William Lam, Jr. Hwy. Permits & Subdivsion Specialist Senior For: J. B. Kessler Assistant Resident Engineer r TRANSPORTATION FOR THE 21 ST CENTURY s 3.860 GAS OR PETROLEUM TRANSMISSION PIPELINES ON SUBDIVISION STREETS A. When a gas or petroleum products trans- mission pipeline is to be constructed through an existing subdivision, the street right of way may be utilized pro- vided: 1. The pipeline is constructed in con- formity with standards, specifica- tions, and safety regulations of the Federal Office of Pipeline Safety for the ultimate use of pipeline and for the ultimate development, traffic volume, and population density of the area. 2. The pipeline is not constructed under the pavement or shoulders of the street (except for crossings). The pipelines may be constructed in the median or sidewalk areas of non -limited access streets if it will not conflict with other utilities, drainage facilities, or other roadway features. 3. The pipeline is covered by a permit which places all liability, for the pipeline and any damages to persons or property and the responsibility for future adjustments of the pipeline, upon the public service corporation. B. When a gas or petroleum products transmission pipeline is existing through an area which is to be developed as a subdivision, the developer may lay out the streets to include the pipe- line -- 1. provided the pipeline was constructed in conformity with standards, specifications, and safety regulations of the Federal Office of Pipeline Safety for the ultimate use of the pipeline and for the ultimate develop- ment, traffic volume, and population density of the area. 3-48 2. provided the pipeline will not be located under the pavement of shoulders of the street (except, ' for crossings). The pipeline may _ remain in median or sidewalk areas on non -limited access streets if it does not conflict with other utilities, drainage facilities, or other roadway features. 3. provided, upon application by the developer to the State to take over the subdivision streets for maintenance, the public service corporation will, in exchange for a permit granted in accordance with the "Manual on Permits", quitclaim to the State its easement and/or right of way within the subdivision street with the following reservations: a. that the transmission pipeline may continue to occupy such street in its existing condition and location b. that the public service corporation will be responsible for such pipeline and for any damages to persons or pro- perty resulting therefrom c. that in the event the, Virginia Department of Highways should later require for its purpose such public service corporation to alter, change, .adjust or relocate such transmission pipeline, the non -betterment cost of any such alteration, change, adjustment, or relocation will be the responsibility of the State. C'.= In the event all the above conditions cannot be met, the developer should lay out and develop the subdivision so that the pipeline is contained in a distinct and separate right 3-49 3.870 3.871 3.872 of way of its own. In this case it will still be necessary for the public service corporation to quit- claim to the State any and all rights where the pipeline crosses the sub- division streets and to assume all liability as set out in Sections A-3 and B-3 above. In such cases, the road crossings shall be covered by a permit. ROADWAY AND SECURITY LIGHTING FACILITIES ROADWAY LIGHTING FACILITIES Roadway lighting facilities may be located on highway rights of way. The design criteria for all road- way lighting shall be based upon the specifications pro- mulgated by the Illuminating Engineering Society in the manual "American National Standard Practice for Roadway Lighting." "An Informational Guide for Roadway Lighting" by AASHTO may be used as a supplemental guide. Breakaway or frangible poles shall not be pro- vided when there is the likelihood a falling pole might strike a pedestrian, damage property, or fall on a build- ing or the roadway. Electric disconnect shall be used in the base of all breakaway poles, such that no live wires are exposed after a collision. Similarly, overhead wiring shall not be used with breakaway poles. The installation of roadway lighting, except when attached to existing poles, should include underground conductors where practical. ROADWAY LIGHTING - POLE PLACEMENT following: The placement of poles must conform to the A. Curb Sections 1. Outside -- Poles to be placed behind the curb and preferably behind side- walks. 3-50 4 , DEC 1988 AND Li4flUDIk'i"Ai COMMONWEALTH of ViIRGINIiA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 November 7, 1988 Mr. Charles E. Maddox, Jr., P.E. C/O G. W. Clifford & Associates, Inc. 20 South Cameron Street Post Office Box 2104 Winchester, Virginia 22601 Dear Chuck: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Regency Lake rive __ op Road Frederick County This is to advised the recently submitted plans to the above referenced location have been reviewed. We are returning one (1) set of marked plans with our comments as follows. 1. The design and drainage shown on Sheet No. 2-A appears satisfactory. This sheet shall be incorporated in the re -submittal plans for final approval. 2. The sagging grade at Station 26+50 needs to be ditched ahead to the pipe at Station 27+60. 3. Additional drainage easements to cover the fill slopes, toe ditches and drainage away from the pipe are noted at several locations on the plans. 4. Erosion control stone to be placed as noted along the fill slopes adjacent to pipe culverts. S. Soil Stabilization Mat Standard EC-3 to be installed at approximate locations noted on Sheet No. 4. 6. Standard CD Underdrains to be installed on all grade sags as noted. 7. Additional guardrail (Standard GR-2 with GR-7 End Terminals) to be installed at approximate Stations 58+50 to 61+50. Before final completion of the drainage can be made, the drainage areas submitted with the plans should he outlined on a contour map in lieu of the schematic drawing. Should you have any concerns, please do not hesitate to call. Sincerely, C. William Lam, Hwy. Permits & Subd. Spec. Senior For: J. B. Kessler, Ass't. Res. Engr. CWL/rh Attach. Moore Mr. R. L. Mr. C. E. Matto_t Mr. J. B. Diamond Mr. Robert W. Watkins TRANSPORTATION FOR THE 21ST CENTUR.' RAY D. PETHTEL COMMISSIONER !I I - f� COMMONWEA DEPARTMENT OJWANSP, P. 07w, X 218 ; ,22824 �e 133 (703) 9 October 1987 INIA W. H. BUSHMAN RESIDENT ENGINEER Mr. Charles E. Maddox, Jr.., P.E. if: Regency Lake Estates C/O Gilbert W. Clifford & Associates Loop Road P . 0. Box 2104,"'k G Frederick County Winchester, Virginia 22601 Dear Mr. Maddox: �- Attached are the revised plans for the above referenced. The revisions appear to be satisfactory with the following exception. A note needs to be added to the superelevation equal to the standard pavement crown (3/811 per foot with standard curve widening and no transition) which is marked in red on the attached plans. CWL/ks Attach. cc: Mr. R. L. Moore Mr. C. E. Mattox Mr.-Roohert'-W. Watkins Sincerely, C . William Lam Inspector For: W. H. Bushman Resident Engineer TRANSPORTATION FOR THE 21 ST CENTURY BURR P. HARRISON 1904-1973 WILLIAM A.JOHN5TON H. K. BENHAM III BILLY J. TISINGER THOMA5 A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B_JOHNSTON HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 SOUTH LOUDOUN STREET December 5, 1986 Mr. Robert W. Watkins Planning Director Department of Planning and Building County of Frederick P. O. Box 601 Winchester, Virginia 22601 Re: Regency Heights Subdivision Dear Mr. Watkins: t O a � 't ,• �� � &FAILING ADRES `� TELEPHi' NE AREA CODE 703 Enclosed herewith please find Deed of Dedication and check needing final subdivision plats to be attached. Credit letter from First American Bank was given to Steve Gyurisin. It is my understanding you will review the Deed of Dedication and will contact me as soon as the Deed of Dedication and plats can be recorded. Sincerely yours, H. K. Benham, III HKB,III:krb Enclosure N N I 0 BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B. JOHNSTON HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 P. O. BOX 809 October 29, 1986 Mr. W. H. Bushman Virginia Department of'Righways and Transportation P. it. Box .148 Edinburg, Virginia 22824-0278 Ret Regency Lake Estates Frederick County, Virginia Dear Mr. Bushman: TELEPHONE AREA CODE 703 667.1266 At your request, I contacted Todd. LePage of the Attorney General's Office. He advised me that he had reviewed the secord right- of way agreemerit- concerr,4 ng Regency I,,ikf-;; rsi-at(-.S ian(m approved its general form except for the request that the obligations of the Grantor run with the land and the future owners of the dar. property. Ccnsequently, I have added a Paragraph 11 for the purpose of attempting to cover this request. In addition, the words "and the Ascociation" were deleted from Paragraph 4 as this waF intended to be deleted previously. Mr. LePage suggested that you forward the enclosed, if satisfactory, to the "Secondary Road People", who presentl-y have the revised right of wn,,,r agreement. If the "Secondary Road People" have any quest ions, pleaqe have thow. contact me so that we can resolve the wording and proceed with the execution and recordation off the in::-, trump P. t. would you or Mr. Walk,--r send inn a copy, c"f the irrevoc�able letter of credit that you des -ire. I will proceed, to get the.. First: American Bank to execute it. Your assistar.ce ir. this matter has been great!'7 appreciated. Sincerely yours, H. K. Benham, III HKB,1TT.-krb Enclosures cc: Mr. John R. Riley, Jr. Gilbert W. Clifford & Associates Mr. Ron Rooze RAY D. PETHTEL, COMMISSIONER EDGAR BACON, 19NES1ILLE, BRISTOL DISTRICT STEPHEN A. MUSSELWHITE. ROANOKE SALEM DISTRICT JAMES L. DAWDSON, JR.. LYNCHBURG. LYNCHBURG DISTRICT M. PHILMORE HOWLETTE, RICHMOND. RICHMOND DISTRICT C. ROGER MALBON, VIRGINIA BEACH, SUFFOLK DISTRICT H. R. HUMPHREYS, JR., WEEMS, FREDERICKSBURG DISTRICT CONSTANCE R. KINCHELOE, CULPEPER. CULPEPER DISTRICT ROBERT W. SMALLEY, BERRYVILLE, STAVNTON DISTRICT JOSEPH M. GUIFFRE, ALEXANDRIA, NORTHERN VIRGINIA DISTRICT T. EUGENE SMITH, MrLEAN. AT -LARGE URBAN ROBERT A. DUICKE, BLACKSTONE. AT LARGE -RURAL COMMONWEALTH ®f VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET RICHMOND, 23219 Edinburg, Virginia 22824-0278 October 21, 1986 (703) 984-4133 OSCAR K. MABRY DEPUTY COMMISSIONER J. M. WRAY, JR. CHIEF ENGINEER J .T. WARREN DIRECTOR OF OPERATIONS JACK HODGE DIRECTOR OF ENGINEERING SALLY H. COOPER DIRECTOR OF RAIL AND PUBLIC TRANSPORTATION J. G. RIPLEY DIRECTOR OF PLANNING AND PROGRAMMING ALBERT W. COATES, JR. DIRECTOR OF ADMINISTRATION J. W. ATWELL DIRECTOR OF FINANCE Mr. Robert M. Watkins Ref: Route 7 Dept. of Planning & Development Frederick County P. 0. Box 601, 9 Court Square Regency Lake Estates Winchester, Virginia 22601 Dear Bob: This is to confirm the intention of our letter of which you were 7furnished a copy of to Mr. Chuck Maddox of Gilbert W. Clifford & Associates dated September 15, 1986 concerning the acceptance of the final design plans on the above development. Part of the intention of that letter was to indicate our approval of the geometric features of the roadways associated with that development. In particular the radii for the connection at Route 7 were approved showing 25 feet for each radius of the connection. This is in accordance with a telephone conversation I had with Mr. K. B. Downs of our District Traffic Engineer's Office. Since the roadway configuration off of Route 7 will be two lanes into the development, the 25 feet radius on the east side will be minimally sufficient. The final chapter on Regency Lake Estates Subdivision Development has not been finished and will not be until an acceptable agreement language is arrived at for the roadway over the dam and the alternate roadway in the event of dam failure. This legal agreement language is very close to being completed, but we will need to get together with you and your staff to determine an acceptable level of surety to be incorporated into the agreement. If there are any other questions concerning the plan review and approval thereof, please do not hesitate to contact us. Sincerely, W. H. Bushman Resident Engineer WHB/rh xc: Mr. Scott Marsh - Gilbert W. Clifford & Associates TRANSPORTATION - AMERICA'S LIFELINES ` 4 C4 ­ w:Un, w/ —LLL AR(STrX DLTM cr STINfEM A MUSSELV—TE. XU XLSA"D(STRECT JAWS L DAVIOSOM. JR . LYNO(SfATD. LY:KWUURO OISMPCr M PMIUAONE MOVV ETTE•&XWNRO, XICITMONO D(STR(CT C ROGER MµSOM HXOLVTA arAc (. S m"z DIJrRKT M R MLIMIIIIIETS JII . WEDW rRCDCRKXN(XO DOTEN.T COfQTARCE a RRM7IELD( QKJ7JSZ Qx^m vanver ROSGT W SMYLEY. AAZffMLLL SrAUMONZWrAfCr JOSEPM M OUXERL ALSZANDWA AOAIXMN VYRG@EA DMIXXT T EUGENE SANTM. MVJLAIS ArLAXD4ERIAN """A OUIOIL ALACRXIMM ArLA/OLSVSAL. �.1 A r, V� rh ,' 4Ty COMMONWEALTH of VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET RICFjMONP, 23219 Edinburg, Virginia 22824 (703) 984-4133 June 16, 1986 � v titer DEPVfV COMWSSK7MFR J M WRAT JA CWE/lNOF(fR J T WAISIEN DMECTOR Of O►EMTIONS JACK MODGE DMECfOR Of fMOR461 G SALLY M COOPED OMECTOR OP RAIL Alp PUaS: TRARSPORTATIO J G RXEE7 OnECTOR OF PI MUMS AND NIOORAW1WQ AL#M W COATES, JR DSIECTOA OF ADNMWMATM J W ATWaL OMSCTOII Of PRNIIQ Mr. Charles E. Maddox, Jr., P.E. Ref: Regency Lake Estates Subdivision C/O Gilbert W. Clifford & Associates Off of Route 7 20 South Cameron Street Frederick County P. 0. Box 2104 Winchester, VA 22601 Dear Chuck: The following is to clarify and consolidate the various reviews and recommendations pertaining to the proposed development with reference to the last correspondence from you dated May 30, 1986: 1. Road Crossing Dam: The developer's engineer will provide the dedication documents for the roadway easement crossing of the dam in lieu of right-of-way. These documents will have to be submitted to the Central Office for signatures by the Legal Section. and Departmental officials. Prior to occupancy of the first lots in the subdivsion, the loop road will be graded with an aggregate base surface to be used in event of dam failure. Dedicated right-of-way should be provided at this time for the, loop road. This matter was called to your attention in our letter dated January 13, 1986, item number seven. 2. Traffic Signal: A note has been added to the plans to the effect the developer will install a traffic light signal at the intersection with Route 7 when traffic, in the opinion of the Department, justifies it. 3. Main Entrance Road: The 200' taper and 200' storage lane have been provided along with the 12' width required. There is still a problem with the 15' turning radius which has been further reviewed by the District Traffic Engineer. We are attaching a sketch showing the wheel tracking of a WB-40 vehicle which requires a minimum 40' radius. It is, therefore, requested you redesign the entrance to show a minimum 40' radius for the traffic entering the development and a 25' radius for traffic exiting the development. It appears the 25' radius can be obtained without additional right -of -way. The drainage in the intersection has been overlooked in previous reviews. Therefore, the attached drawing shows what is required in the way of curb inlets and storm sewer_ A pipe will be required under the westbound lane of Route 7 to discharge the additional runoff into the median. 4. Commercial Entrances: The proposed commercial entrance is to be located a minimum 25' from the end of the 40' flare radius of the intersection. TRANSPORTATION - AMERICA'S LIFELINES Mr. Charles E. Maddox, Jr., P. E. Page.2 June 16, 1986 5. Entrance Road: The horizontal curve at Station 4 + 00 is more minimum than would be desirable. The •130' centerline radius would meet the urban local street design for 20 MPH design speed; however, we are recommending at least a 160' centerline radius be provided. It appears the road could still be constructed within the existing dedicated right-of-way. The extension of the 40' curb and gutter section and taper to 24" pavement appears satisfactory. 6: Estate Drive: Estate Drive has been revised to show 22' pavement width. 7.& Utilities: The utilities proposed as they related to the design of the 8. streets should be reviewed by the Department's utility representative. 9. Dam Plans: Certain revisions have been made to the dam design in accordance with Mr. H. M.•Shaver's letter dated May 28, 1986; however, no rip rap is shown on the west lake dam for the emergency spillway outflow down to the existing channel. The District Materials Section have been give a copy of the Geotechnical Report of the dam sites prepared by Foundation Engineering and are reviewing it for the structural adequacy. 10. Pavement Design: The final pavement design will be determined by a CBR tests conducted by the Virginia Department of Highways & Transportation at the expense of the developer._ This request should be received after the rough grading has been completed. However, if the developer has already ran CBR tests, these should be submitted to the District Materials Section for his review to determine actual pavement design. 11. Drainage: In general, the roadway drainage appears satisfactory with the exception of some minor revisions to pipe sizes and additions, such as erosion control measures, underdrains, and ditch configurations. The typical section for the roads that will be taken into the systems, including the subdivision streets, should show a 4' ditch width and 3:1 slopes as a minimum. Swale ditches are to be provided thru all drainage easements with sod turf established or use of soil stabilization mat Standard EC-3 where necessary for erosion control. When the above comments have been added and shown on your revision, please resubmitted for our review and the Central Office Hydraulic's review. Sincerely, K. D. Walker Inspector For: W. H. Bushman Resident Engineer KDW/rh Attachments bcc: Mr. H. W. Shaver, Jr. Mr. T. R. Blackburn Attn: Mr. C. F. Boles Mr. J. B. Diamond MY _ n _ R _ KP 1 i-h ^"ho floc __ HAROLD C. KING. COMMISSIONER EDGAR BACON, JONESVILLF, BRISTOL DISTRICT STEPHEN A. MUSSELWHITE. ROANOKE, SALEM DISTRICT JAMES L. DAVIDSON. JR., LYNCHBURG. LYNCHBURG DISTRICT M. PHILMORE HOWLETTE. RICHMOND, RICHMOND DISTRICT C. ROGER MALSON, VIRGINIA BEACH, SUPFULK DISTRICT H. R. HUMPHREYS, JR., WREN$ FREDERICKSBURG DISTRICT CONSTANCE R. KINCHELOE, CULPEPER, CULPEPER DISTRICT ROBERT W. SMALLEY, BERRYVILLE. STAUNTON DISTRICT JOSEPH M. GUIFFRE, ALEKANORIA, NORTHERN VIRGINIA DISTRICT T EUGENE SMITH, N<LEAN ATLARGE-URBAN ROBERT A. QUICKIE, BLACKSTONF., AT LARGE RURAL MAI COMMONWEALTH ®f DEPARTMENT OF HIGHWAYS & TRA 1221 EAST BROAD STREET RICHMOND, 23219 Edinburg, Virginia 22824-0278 (703) 984-4133 July 1, 1986 Mr. Robert W. Watkins Planning Director Dept. of Planning & Development 9 Court Square, P. O. Box 601 Winchester, VA 22601 Attn: Renee OSCAR K. MABRY DEPUTY COMMISSIONER J. M. WRAY, JR. CHIEF ENGINEER J.T. WARREN DIRECTOR OF OPERATIONS JACK HODGE DIRECTOR OF ENGINEERING SALLY H. COOPER DIRECTOR OF RAIL AND PUBLIC TRANSPORTATION J.G. RIPLEY DIRECTOR OF PLANNING AND PROGRAMMING ALBERT W. COATES, JR. DIRECTOR OF ADMINISTRATION J. W. ATWELL DIRECTOR OF FINANCE Ref: Regency Lake Estates Subdivision Off of Route 7 Frederick County In response to our telephone conversation on Monday, June 30, 1986 and as requested, I am herewith enclosing a copy of the letter pertaining to the above reference subdivision which is self-explanatory. I trust this is the desired information, however, should you have any additional questions please do not hesitate to contact me. KDW/rh Enclosure Sincerely, K. D. Walker Inspector For: W. H. Bushman Resident Engineer TRANSPORTATION - AMERICA'S LIFELINES V 4W . r PUMNING Aa.s sultasW DEPARTMENCOMMONWEALTH OF VIRGINIA T OF HIGHWAYS AND TRANSPORTATION Edinburg, Virginia 22824 (7 3) 4--4133 September 15, 198 r. Charles E. Maddox, Jr. C/O Gilbert W. Clifford i Associates 20 South Cameron Street P. 0. Box 2104 Winchester, Virginia 22601 Dear Chuckt Re'ft Regency Lake Estates Subd. Frederick County `No have reviewed the revised plans for the above captioned site Clara for compliance to standards and specifications as they apply to hydraulic concerns. Listed below are our comments and recommendations. The proposed drainage casement for culvert "CSC" can plan sheet 3 does not liner up with the culvert properly. The culvert appears to be located, properly, therefore, the casement should be adjusted. The details of the East Lake nags (Darn #2) which will carry Regency Lakes Drive, are still not as complete and detailed as theses provided for West Lake Fleets ( Dam f l ). The anti -steep collar detail shown on plan sheet 25 is; incomplete and no details or notes are provided for a cut-off valve apparatus for the 1.2" PVC pipe under Masers #2. The overall performance of the dams appear to be adequate as stated in our initial review dated lay 28, 1986. The overall roadway drainage appears to provide adequate protection of the roadways although many of the culverts produce headwater elevations which are less than a 1.51 below the edge df shoulder elevations. Drainage easement* and erosion contol stone have been shown as appropriate except as noted above. The "loop road" which is necessary to provide alternate access in case of dam failure., and it's resultant drainage to not shown on this plan assembly. It Is our understanding this: road and right-of-way is to be provided for in this phase of construction. The attached print of the hydraulic design summary shows a distinct error In the computations which has previously been discussed with you and was advised a 54" or equivalent opening is required for Culvert No. CC. Also enclosed are the computations which shows the error. The existing 3" pipe may be supplemented with a 42" culvert and should be mitered with dry rip -rap stone for erosion contol. When the CBR Tests results are completed, we will pass along to you. V4 a COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION Mr. Charles E. Maddox, Jr. C/O Gilbert W. Clifford & Associates 20'Sboth Carneron Street P. 0. Box 2104 Winchester, Virginia 22601 Rots Regency Lake Estates ubd. Frederick County In conclusion, we feel overall approval of this site plan should be predicated on all perinits and agreements bring secured from the appropriate regulatory agencies. favorable review of the geotechnical report by the District Materials Engineer and the applicant accepting the recomme n dat Ions noted herein. Should you have any additional questions, please do not hesitate to contact me, Sincerely, K. D. Walker Inspector Fort W. 11. Bushman Resident Engineer KDW/ks Attach. cc Mr. D. E. Keith Mr. V. L. Camper Mr. D. C. Cochran, Jr. Mr. C. E. M`attox Mr. R. W. Watkins VZ 4 PL &JINItio A— SUILD04 I i �XiLL:.A N. A. JOHN5T0'1 BILLY 7I5INGER THOMAS A.5CI-HU= J-P, RON.SLD J. BROUC'N BRuCE E. DOP"NING ELIZABETH B.JOHNSTON HARRISON JOHN-TON VC�INCHES;ER.�IRGI?�iA 2=60: 2: 5170= __ 1--kF°- October 6, 1986 Mr. W. H. Bushman Virginia Department of Highways and Transportation P. O. Box 248 Edinburg, Virginia 22824-0278 Re: Regency Lake Estates Frederick County, Virginia Dear Mr. Bushman: ,,AILING ADDRESS. P.0.BOY. 80S TELEPHONE AREA CODE 705 667 -1266 ,::® DERICK� COUNT`( n' c-�:- Administrao s Ottice v �.. BY..—�— — lry�yG In response to your letter of September 30, 1986, please find enclosed herewith a copy of the revised right of way agreement. Please advise whether this complies with your requests. I have enclosed an original of the agreement for execution if the agreement is satisfactory. Sincerely yours, H. K. Benham, III_ HKB,III:krb Enclosures rbN5b I d,90 cc. Mr. John R. Riley, Jr. / Gilbert W. Clifford & Associates o OCTJ986 Mr. Ron Rooze rn o �c�i Cl-' EFT OF AND bfVEl ppM NjG gilbert w. clifford & associates, inc INCiMMMATrU 1912 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150 C Olde Oreenwich Drive a Fredericksburg, Virginia 22401-4098 • (703) 898-21 15 Winchester Office: 20 S. Cameron Street a P. 0. Box 2104 a Winchester, Virginia 22501 a (703) 667-2139 October 16,1986 Mr. Bob Watkins 9 Court Square Winchester, Virginia 22601 RE: Regency Lakes Estates Dear Bob, Please be advised that as a part of our development of the Regency Lakes Estate Site Plan it was necessary to meet with the Greenwood Fire Company. The Fire Company prepared useful comments for this project, which were considered during the development of the plan. If you have any questions or comments please do not hesitate to call. Sincerely Yours, Scot W . Marsh SWM f psp BOARD OF DIRECTORS Thomas J. OToole, P. E. Charles E. Maddox, Jr. P. E. Earl R. Sutherland, P. E. P. Duane Brown, C. L. S. William L. Wright, Laboratory Director COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION Edinburg, Va 22824 (703) 984-4133 May 23, 1986 Mr. Charles E. Maddox, Jr., P.E. C/O Gilbert W. Clifford & Associates, Inc. - 20 South Cameron Street P. O. Box 2104 Winchester, Virginia 22601 Dear Chuck: Regency Lake Estates Subdivision Off Route ? Frederick County This is to acknowledge receipt of a letter to Mr. Robert Watkins, Planning Director and a final plat. We can not sign this final plat until the final review of the subdivision has been made and approved. Should you have any questions, please do not hesitate to contact me. Sincerely, K . D . Walker Inspector For: W. H. Bushman Resident Engineer KDW/ks Cc: Mr. Robert W. Watkins Delegate Al Smith COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 August 1, 1997 Regency Heights Homeowners Association P.O. Box 1508 Winchester, Virginia 22604 RE: Road Maintenance Within Regency Heights Subdivision To whom it may concern: The roads serving the single family residential lots within the referenced subdivision are intended to be improved to a standard acceptable to the Virginia Department of Transportation for eventual maintenance. Until such time, the responsibility for maintaining these roads is the responsibility of the Regency Heights Homeowners Association. This requirement pertains to the following roads: • Lake Wisdom Drive • Lake Sever Drive • Great Pond Way • Winnepeg Place • Chelan Place • Geneva Place Please contact this office if you have any questions regarding the information in this letter. Sincerely, Evan A. Wyatt i? Deputy Director EAW cc: file 107 North Kent Street • Winchester, Virginias 22601-5000 � dll2adde,c 6(P7 - -�/ 39 REGENCY HEIGHTS APPROVE6�j Stonewall District C F- . 'IV