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HomeMy WebLinkAboutAsbury Terrace, Sections 1, 2, 3 Shawnee District - Backfile•` t b gg .� of VIRGINIA DEPARTMENT OF TRANSPORTATION CDAVIDJ EDINBURG RESIDENCY 1 ,:"" COMM S ONE R 14031 OLD VALLEY PIKE C �� PP COMMISSIONER R TENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA22824-0278 Q�S�/ FAx(540)984.5607 r February 10, 1998 Mr. Jerry King Ref: Asbury Terrace, Section II C/O King's Plumbing & Heating, Inc. Route 659 29078 Old Valley Puce Frederick County Strasburg, VA 22657 COMMONWEALTH Dear Mr. King: In accordance with your request dated February 6, 1998, you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Work Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only. • A minimum 6" depth of VDOT #1 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. • Positive drainage is to be maintained within the right-of-way at all times. • A wash rack will be required. • A 15"xO' culvert will be required. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. Sincerely, Steven A. Melnikoff, P & S Specialist Senior SAM/rf Attachment xc: Mr. R. D. Hawkins, Mr. W. C. Gochenour, Mr. Kris Tierney WE KEEP VIRGINIA MOVING BK824PG1235 THIS DEED OF DEDICATION made and dated this 20th day of July, 1994, by and between EASTERN FREDERICK DEVELOPMENT COMPANY, a Virginia Partnership, party of the first part, hereinafter called the Declarant, and THE COUNTY OF FREDERICK VIRGINIA, party of the second part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on the attached plat drawn by Greenway Engineering and surveying Company, Inc., dated June 15, 1988, known as Asbury Terrace, Section One, described on the Final Master Development Plan of Asbury Terrace, Section One, as filed in the Office of the Frederick County Department of Planning and Development; WHEREAS, the real estate shown on the plat has been subdivided into lots and into common areas shown as common areas "A" and "B" and further shows a certain public street known as Camden Drive which is hereby dedicated to the public; WHEREAS, the Declarant now wishes to subdivide the same into lots known as Asbury Terrace, Section One. The subdivision of the said real estate as shown on the attached plat is with the free consent and in accordance with the desires of the Declarant. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract of land designated as Asbury Terrace, Section One, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and dedicates to the County of Frederick that certain street known as Camden Drive together with all drainage easements and more particularly described by the aforesaid plat of Greenway Engineering and Surveying Company, Inc., dated June BKS24, PG 1236 Virginia, and more particularly described by the aforesaid plat of Greenway Engineering and Surveying Company, Inc., dated June 15, 1988, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the Final Master Development Plan for Asbury Terrace, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to Eastern Frederick Development Company by deed dated the 1st day of July, 1987, which is of record in the aforesaid Clerk's Office in Deed Book 652 at Page 478. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants and articles which are covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Camden Drive Association, Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinabove described as Common Areas "A" and "B" and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 0K82it1 v' 2'3 r Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Asbury Terrace, Section One, with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Eastern Frederick Development Company, a Virginia Partnership. A R T I C L E II 1U:0l7-)WX Every person or entity who is a record owner of a fee or undivided interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One Membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E III VOTING RIGHTS Each Member of the Association shall have one vote for each BK324 RIG l 238 lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by Board of not less than three (3), but not more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Declarant and serve until the first annual meeting following conveyance of the Common Area to the Association; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress to and from the aforesaid Common Areas as shown on the attached plat and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners BK82=�,:"1239 hereunder. (b) The rights of the Association suspend the voting rights and the right to the use of the Common Area by a Member for any period during which an assess- ment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the -Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such pur- poses and subject to such conditions as may be agreed to by. the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five ( 25 ) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate in accordance with the by-laws, his right of enjoyment to the Common Area to members of his family, his tenants, or contract purchasers who reside on the property. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant to agree and to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest BK824PG12It0 shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose and related to the use and enjoyment of the Common Area. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of a lot to an Owner, the maximum annual assessment shall be in the amount of the current per year lot assessment, provided, however, in no case shall the same be less than $15.00 per year per lot; (a) From and after January 1 of the year immediately following the conveyance of the Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty ( 60 ) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the OK824PG124. assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written.notice of which shall be sent to all members not less than thirty (30) days nor ore than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assignments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. 4uorum for any Action Authority under Section 3 and 4: At the first meeting called, as provided in Section 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast thirty-three percent (33%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the BX82bPG 1242 notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be sixteen percent (16%). No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of the certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non-payment of Assessments: Remedies of the Association: Any assessment which is not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against i 24PUG the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the lien of such assessment as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessment thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the Common Area; (b) all properties dedicated to and accepted by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Area. In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of 69824F1244 Frederick may take such action as authorized by the Frederick County Zoning Ordnance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. ART I C L E VI USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the restrictions set forth on Exhibit A which are constituted covenants real to run with the land. ART I C LE VII EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarant reserves an easement over the common area for sanitary sewer easement(s), water line easement(s) and drainage easement(s), as shown on the plat drawn by H. Bruce Edens, C . L. S . , dated June 15, 1988, of record in the Frederick County Department of Planning and Development, as amended from time to time, and further subject to Section 3 hereinafter recited. Section 2. Surface Drainage Easement(s): The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement(s) on the aforesaid attached plat, for the purpose of surface water drainage easement(s). No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easements ) may not be altered or modified without the prior consent of the County of Frederick and the Declarant does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easement(s) for the purpose of so providing surface drainage. Declarant does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easement(s), provided, however, that in the event the Association fails to maintain said surface drainage easement(s), then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment are not located and along the strip ten (10) feet along the front and rear of each Lot and a ten (10) foot strip centered on the side line of each adjoining Lot, and a ten (10) foot strip along the boundary of all non -adjoining Lots, and the Declarant reserves unto itself, its successors or assigns, an easement for telephone, electric, gas and other utility lines, water and sewer lines, and surface drainage over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. BK8241Fu312146 A R T I C L E VII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, it successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment 8K8241"1247 must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Asbury Terrace, Section One. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant and is in conformity with the provisions of the "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, by its duly authorized agents, evidences its acceptance of this Deed of Dedication by its signatures on the attached plats. WITNESS the following signatures and seals: EASTERN FREDERICK DEVELOPMENT COMPANY R824Pri1248 BY % ( SEAL ) GEORGE W. LAIZE, JR., P ER STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: I, �wroV4 hl, a Notary Public in and for the State and juri diction aforesaid, do hereby certify that VIRGIL T. BROWN, BENJAMIN M. BUTLER and GEORGE )l. GLAIZE,JR., Partners of EASTERN FREDERICK DEVELOPMENT COMPANY, whose names are signed to the foregoing Deed of Dedication, dated the ?p '-If day of , 1994, have personally appeared before me and acknowiledged the same in my State and jurisdiction aforesaid. Given under my hand this a?Syy day of , 1994. My commission expires �.�-ru-Ay-u I 199(a NOTARY COMMONWEALTH of VIR_JIINIA DAVID R. GEHR COMMISSIONER Mr. George Glaize, Jr 137 West Boscawen Street Winchester, VA 22601 Dear Mr. Glaize: DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG,22824-0278 July 25, 1995 WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE (703) 984-5600 FAX (703) 984 5607 Ref: Asbury Terrace, Section Route 659 Frederick County As requested by your contractor, Mr. John Neff, I performed a reinspection of the right-of- way work performed on Camden Drive at- the above referenced development on July 19, 1995. As result of this inspection the following items will need to be addressed: 1.) Regrade ditch lines, topsoil, seed and mulch as needed. 2.) Repair utility line settlement on Camden Drive at Station 1+50. 3.) Repair shoulders as needed. Upon completion of the above listed items, please call to schedule a reinspection. SAM/rf xc: Mr. R. B. Childress Mr. John Neff Mr. R. W. Watkins Sincerely, William H. Bushman Trans. Resident Engineer By: Steve A. Melniko ; Hwy. Permits & Subd. Specialist Sr. JUL 1995 ED- '��,oF TRANSPORTATION FOR THE 91 RT C'FNTI IRY B11%,3 L 1- PG It. 2 L1 9 EXHIBIT A Use common restrictions and covenants applicable to Asbury Terrace, Section One. 1. LAND USE: No lot shall be used except for single family residential purposes. No, beauty shops or similar home occupations, nor home occupations of any type shall be allowed on any of said lots. No yard sales or similar commercial enterprises may be conducted on said lot. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots unless such recreational camper trailer or recreational vehicle is stored so as not to be seen from any road at any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements of the following types of dwellings: (a) Rambler and ranches dwellings shall have 1,500 finished square feet; (b) Multi -level dwellings shall have a total of 1800 finished square feet above and below grade; (c) Split foyer dwellings shall have 1248 finished square feet on its upper level; (d) A one and one-half stories dwelling shall have 1000 finished square feet on its first floor and a total of 1800 finished square feet; (e) Two stories dwelling shall have 900 finished square feet on each floor. All structures must have a minimum roof pitch of 5/12. 4. BUILDING EXTERIOR CONSTRUCTION: No dwelling shall be erected on any lot which has less than ten percent (10%) of its front exterior in brick or stone. For this covenant, the brick or stone facing the front foundation wall shall be computed in the required ten percent (10%). 0K32-1I",E1 0 5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basements, tents, shacks, garages, barns, or other outbuildings shall be used on any lot at any time as a residence, either temporary or permanent. 6. FENCES: No fences shall be located in front or on the sides of the house. Fencing in the rear of the house may not exceed forty-eight ( 48 ) inches in height and the material and design shall be wooden board or rail, and in no event shall chain link fences or wire fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the owner from constructing a fence as required by the BOCA CODE in the event that an in ground swimming pool is placed upon the subject property. 7. SWIMMING POOLS: No above ground swimming pool shall be constructed on any lot. 8. SIGNS: No sign of any kind shall be displayed on any lot except a single sign not larger than five ( 5 ) square feet advertising the lot for sale which shall be removed as soon as the object is achieved. 9. CLOTHES LINES AND SATELLITE DISHES: No clothes lines or drying yards shall be so located on any lot. No satellite dish or like device for the reception of TV signal, microwave signal, etc., in excess of eighteen (18) inches in diameter shall be allowed on the premises, provided, however, that one (1) TV antenna or satellite dish, not in excess of eighteen (18) inches in diameter, may be allowed so long as the same is attached to the chimney of the house located on the lot. 10. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than forty (40) gallons and shall not exceed two (2) in number. 11. ANIMALS: No animal, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that two (2) cats and one (1) dog per household are allowed. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Asbury Terrace Subdivision, Section one. 12. OFF-STREET PARKING: After a residence is built on any of the said lots, the lot owner shall provide in connection therewith, off-street parking space of at least twelve feet (121) by forty feet (4011). 8K 8 2 4 P!S" 1.2_5 L 13. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton or tractor/trailers, and no such trucks of tractor/trailers shall be parked on any street in this subdivision. No lot shall be used for manufacturing purposes or for the sale, parking,or storage of new or second-hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or an expired license plate and has not been operated within six (6) months on a public street or highway). 14. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within ten (10) feet of the intersection of any two street lines. 15. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 16. UTILITIES: All utilities, including all telephone, electric, television, gas, T.V. cable, etc. shall be located underground. 17. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his expense. The final determination regarding this requirement will be made by the Virginia Department of Transportation representative who services the property and NO ENTRANCE, TEMPORARY OR PERMANENT, SHALL BE MADE WITHOUT FIRST OBTAINING A PERMIT FOR SUCH ENTRANCE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION. 18. BUILDINGS: No building of any sort shall be placed on constructed on any lot hereby dedicated unless or until .plans and descriptions of the same shall have been submitted in duplicate to and approved by the Architectural Review Committee. (a) Buildings may be of either traditional or contemporary design but must be situated, designed, constructed and finished so as not to detract from the natural beauty of the surroundings so as to be compatible with the existing buildings. The power to determine compliance with this standard shall rest solely with the discretion of the Architectural Review Committee who have no ii 2 �: � 12 J Z. liability whatsoever for the approval or disapproval of any such plans. (b) The initial Architectural Review Committee shall consist of three (3) members appointed by the Declarant to serve through December 31, 1999. The Declarant shall be solely empowered to fill, by further appointment, any term which shall become vacant prior to December 31, 1999. (c) Those persons owning lots hereby dedicated in Asbury Terrace, Section One, in the year 2000 and subsequent years may elect successor members to continue the existence of the Architectural Review Committee. Successor members shall be elected for terms of one (1) year. Each lot shall be entitled to cast one (1) for each lot owned for each of the three (3) positions to be filled. Any persons owning the lots hereby dedicated shall be eligible for election as successor members. (d) Members of the Architectural Review Committee shall serve without compensation and shall not be liable to any person or entity for any exercise or non -exercise of the powers accorded them. Likewise, a lot owner shall not be liable to any.person for any exercise or non -exercise of powers herein accorded them. (e) Specifically, no construction of any buildings shall be commenced until the Architectural Review Committee has approved, in writing, the (1) drawings, (2) siting, (3) design or style and construction materials and (4) the color scheme of the building. (f) The Architectural Review Committee shall have the authority to engage third party architectural advice at the sole cost and expense of the party seeking approval of building plans. 19. WAIVER OF COVENANTS: The Declarant herein along reserves the right to waive any of these restrictive covenants. The Declarant or its appointed successor in interest, shall further reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 20. ENFORCEMENT: The Declarant, herein, and any and every person hereafter having any right, title, or interest in any Lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions by injunction or other lawful procedure, and to recover any damages resulting from such violation. Together with his or her costs and reasonable attorney's fees expended therein, if there is no other adequate basis for determining actual damages caused by violation of any restriction. Declarant's BK824RrG 1253 right of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 21. SEVERABILITY: Invalidation of any of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. F/it/AC PLATS K82 PG 1 254 SECT/OAJ OIVE (3 M4 A.SBC/RI' TERRACE r5fN,4W1VCE" D/STR/CT........................... AeEDE.e/Ce C0C1X1rv', VAIF6/X//A JU�VE /S, 1988 VIC/.V/TY "AO h� v us ROUTE �P 9 6S9 .• v'9• •POU7'E �O S .. r A -le PR0Pff7-r 0AYb-6-,eS /A/ ASBI/.er TE"R,e4Ce- A,eC eEQU/.QED TO BELO.t/G TO T/1E ASBC/,QY 7-, erR '4Ce- /104,16- O/ V6-,e-5 X-TJOC1AT/OM. TW 455aClAT/O.1/ /.S T//E OIN.I/E,e OF ALL A eMS 5AWAW .4.7 CCiM`.G10A1 ,4.ee--45 OAJ 7,-qe Arr,4Cfle-,9 13 E ,"o e TNE' MA/A/TE1t/UCE- OF 7;q0SE 4,e6.4S. ALL OT/1E,e ,QULES OF THE ASSOC%IT/O.(/ Aze, 3'E7' Foe7,,1 /it/ Tf1E .QEST,e/l7"/O.US A?IP Cail5- /. ,V75 4r746MEO kLz-.. C7V. A COPY OF 7-,41E FI V,4e IWA57'E,e A,SB U,c'Y 7'E.Q,QACE" /S 0,V F/L E AT Tf-/ A",PEOE,e/Ce COU•(/TY DEPA,PTi1�lE,l/7' OF PLA,I/,U/,(/G IJ.UO DEI�EL OPME.t/T. APPRO1/ALS BOARD OF SU,PE2Y/50,eS N �� DAY&' PG AIt/M11-16 COMM/SS/O•t/ DATE 7�y7� F,eEO. CO. 5,4Xl/7A7"/0it/ AU7l-lO l7')' OA>E SUBO/I/iS/O.c/ AOM/.U/S�'.C�A>oe 0.41E ���� YA. 0607' 06 7,QANSPo,QyA r/ot/ DAyE __.f/27 9 O PYA16-R.5 CE"*e T/F/e'A 7*e T/-/E ABODE ,4AW FOZ6_601X/6 SUBO/l1/S/O.(/ 01 THE 64.U0 OF E4-57-'lX1 F,C'EDE�/C.e DEI�ELOPME�(JT COM05-OWY, AS APPEA.eS ACC,0"P4,VY/,UG ALATS /S PY17-/-1 T,4o�'," OES/.QE".S OF T//E E,QS/G.UED !'Y.!/E.QS POOP/ ,eS, A,(/ T.PUSTE"ES, /F7�J�UY. // - -- ---- - -- -- 047-E" 7-2-6 SUR YE Y0R :S C CRT/F/CA TE / /7Te6,5Y CE,e;rlFY THAT 71-/E L,4AW CO,t/TA/AVCD /A./ TN/S SUBD/l'/_S/O,(/ /S A 00,eT/O11 OF 7-171C -1,411D C01/YEYED TO EASTE 2A/ F,C�EDE.E'/CK UE YELOPME.VT COMPAA/j , B Y DEED DATED / ✓&'n- /99 7 , 4AID RECORDED AYOA/G Tf/C L,4it/0 .QECO,eD-' OF F,C'EUE.c'/CK C06INTY, V1,e61A11,A /.V DEED BOOB �y 65Z AT PAGE -,'z76.�i`iti",,. tit, .:., 10 .BRUCE ENS No. 000162-B (o-15-88 GREENWAY ENGINEERING AND SURVEYING CO., INC. °)70 G,4.bE WINCHESTER. VIRGINIA 22603 TELEPHONE 662-4186 SHEET / of 8 f 11VAL SUBD/✓/S/O.t/ OLAT 156 c r/dlc✓ ©1<16 A.56 URY 700CRR4C6- .Sh'A1N�t/EE O/ST,e/CT- F,QEoE,e/C.e Co61,vrr, !//, 01A1/A SCALE: / " = 50 ' 1 DATE: ✓U,,V6- /5, /9B8 I GREENWAY ENGINEERING AND SURVEYING CO., INC. 05170 9.4ee-.e ef-6- WINCHESTER, VIRGINIA 22603 0 TELEPHONE 662-4186 ALTy damol � . BRJCE ENS x u CERTIFICATE No. 54 11.3 (a)965 F• 54.11.3 (b)162 �• lk SHEET Z of 9 0 v 01 NIA I h �o COM MOit/ AREA �;a 0 „ J O. Co S •9 A v C.e e 5 �O �� �. 75 J 883• Z3 yv I 1 �`ZO ACCESS j1 EAS E MEA/T F/ti/A� s U,B oiYrsrO.c/ P� A T .3 67C %/O/t/ OA16- A 5,6 U,QY 7'EXRW`CE' S1-/Ah/.t/E"E 01-57,e/C7- 6'061,4/7Y, SCALE: / " = So DATE _ ./LW&- /5. /988 GREENWAY ENGINEERING AND SURVEYING CO., INC. 970 sJA.!'e e GAVe WINCHESTER. VIRGINIA 22603 TELEPHONE 662-4186 0L PG 1256 O��EALTx O�`,r &URI EDENS x�S+ CERTIFICATE No. i 54.17.3 (a)965 n� f417 3 (D)162 4, �Eb LAND SVP SHEET 3 of 8 4 O BN '•} Flo Z S ° , /0, 0001 °��NW r- h S87'o0'g7"i'V-/ZSOo" � k) O "lI00 h) /O, 000� 01 W c) i , Dk .e SNRGE \ • 10' � T , 00 R'y ti ems. /l/B 7' OCo ' 4 7 "E - , O O I to W o I Ip 9 oil /o, o00 VNI 0 v W J AAA 7. Oa' g 7_e- -T Q 7 —fB 7� - > F/NAG SUBD/Y/S/O�t/ .SLAT ,56-C7-101(l A.56 6IR Y' r4CRR4CE .SyAI✓NE'E O/ST.e/C T- F.eEOE.P/C.0 COl/Ni7; 4/.eii /,c//A SCALE: /"sSO' DATE _ ✓(UA/E /S, /96B ft% GREENWAY ENGINEERING AND SURVEYING CO., INC. 970 0,4.e" eA.VE %47 WINCHESTER. VIRGINIA 22603 TELEPHONE 662-4186 o��,F,ALTJy Gam`, MCI eum CERTIFICATE No. 54.17.3 (0965 k.i4-17-3 (b)162t0 .00"v, LAND s SHEET 4 of 8 '824PG 12 Al 8 7* r tv /0, 000Y, OI IT) If\ I 61,5 87. 0 a' 4_7_-1,y - le,6-0 0 " AJ&;"O 6',7 7 C- le5 00d �j A/e? 7. a_6­7 Irj�j /0, 000j llu % /01 0001 /L/ 8 7 06 Ir7 6- 00' C\ _5CCr101V ova 4 5 B UR Y r6WRA CC _51-44 WAA!5-6- o1,5;,-,e1C 7-- Yle6 IAI SCALE, I DATE: _IelAld- /5-, /,9&.g a� GREENWAY ENGINEERING AND SURVEYING CO., INC. 970 AOXC6.0 4.441e- WINCHESTER, VIRGINIA 2260) 0 TELEPHONE 662-4186 . �Rucm CERTIFICATE No. 54.17-3 (a)965 54-17-3 (b)162 '0- is -sib 1) 4h, LAND' SHEET 5- of 8 BK024PC ?59 s Op lNN -a / 7 % + 1 � ,o o V 1,�`�� io, 970JC ti Iti o , Z 10 SNENANDOAN O �. z Z l ,4 -38 .�" P 3S. �t0' E�iM'T Q /9 o s ` �40 ti�" W r 5t �j 96 7JC Nj 0 ti U ZION A, ela-5 /I 1r) salo6',V7"�-v - /05oo'� I ,h ti F/1t/AG SUED/Y/S/o.c/ ,OZAT .SECT/ON Ol(/E A,50 URY' 7;E-RRAcE S.yAI�✓.t/E'E" D/ST.C'/Cy- F,eEOE,2/C,� COU.I/7Y, r/,eG/.t//A I SCALE: /"= 3'0 ' 1 DATE _ ✓e/X/E /5, /9B6 I GREENWAY ENGINEERING AND SURVEYING CO., INC. 970 9,4kt -x 6,4A1 -." WINCHESTER. VIRGINIA 22603 -0 TELEPHONE 662-4166 O��EALTN oF`i o�ct ENS ��U�xY V CERTIFICATE No. i 54.17.3 (a)965 F. 54.17.3 (b)162 s AEU LAND gv� SHEET 6 of B BK82T `) 1 2G0 !N/c /l/�t/S DEl/EL OOME�C/T COMPAi(/Y ti COMMOV A eCA 0 S N 0 l A 6 ES vi 'C W ..:•:.zO � O.PA/�C//lGE i SS EA.SEMEiV Z ` E -- --- _ T ... .. C C> H :2 0 ; —� j✓1 F/•C/•4� _SUBO////.S/O�t/ PGA T A,.56 U,e)' TCRRACC .S�/AL✓.t/EE 0/S F.QED E.2/Ce CO SCALE: /"s 3"O DATE _ ✓U.t/E /S, /9ef _ CERTIFICATE No. > 54.17.3 (a)%5 GREENWAY ENGINEERING AND SURVEYING CO., INC. �' Sa•17.3 (b�162 is %70 a•oeE,e G.4,uE �Fo LAND WINCHESTER, VIRGINIA 22609 TELEPHONE 662-4186 SHEET 7 of 8 BK824PG126: LOTS ON ('U1tVl'; I,O'1' # 1)1';I,TA HAI) I US ARC 'I AN(;F;NT CHO1ZI) 1 UU° `,4' U 7" 17E, ,. 37 17. 79' I_ 020 3`i'47" 176'..31' FtU.UU' 41!.,11' N8U001'.f7"iv - 7 9' 3 (120 4'4t3" 171,'�. 17' HI). /6' 4:1.ti'�!' N770 1t>'20"w - 89 7>' 710 ;','4 i" 5U.U()' 63.01' 30.`)`;' d390 21'1)4" �0).�I 48011'1), l'>.UU' ,'1.US' I1.1ri' 'J1.10 l 2U..;1' I(, 1'I0 ooI'l)t���l�i 0 �1" 3° 1;i' 1) 440 1l.'ul,",tt,()li' �''t.�%' U.3U' SU�a° 1ci'_at,"1ti U 1 1 7 0 U;i' 3 3.4.'.' 1 i . ;L,' 310 �3�3 ���,f�1; l.11 IHo 1 1 ' _. i" Ul)' 11 ! 1 1 1 H ;160 5H `;4"1'; U . 4 1 ' �7 IU70:1)4'17" �U.UtI' 93.44' 67 0038'S6"bJ -- tlU l.'' VIRGINIA: FREDERICK COUNTY, SCT. TIT,, instrument writing was produce to me on e ay of , 19� at and with certlflcate of knowledgmsnt thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of s— o and 58.1-801 have been paid, If assessable. Clerk CUR V6- OA 7- A 56 C 7—/0/v o uE o��� rN 0 A J 6 l.A,e>' r6W RA CC S�AW.vEE-o1-57'2/C7-- F,eewe;e1ce l//.PG/.-//A V N. BRUCE EDEN� x� SCALE DATE _ CERTIFICATE No. i 54-17.3 (0965 GREENWAY ENGINEERING AND SURVEYING CO., INC. 0 -1 3 cb►1s2 .p �c *70 B.4.eE.2 LANE ��� LAND SVR WINCHESTER, VIRGINIA 22605 0 TELFPHONF 662-4196 SHEET 9 of ? COMMONWEALTH of VIRGINIA II- . DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER \ / / 03) 984-561 1 RESIDENT ENGINEER TELE (703) 984-4133 May 23, 1994 FAX (703) 984-9761 Mr. Austin Spitler Greenway, Inc. 970 Baker Lane Winchester, VA 22603 Dear Austin: Ref: Asbury Terrace Subdivision Section I Route 659 Frederick County Due to a slight adjustment in location of the proposed 24" C.M.P. culvert under Route 659 adjacent to the referenced project's entrance, a drainage easement across Lot #27 is needed. The needed easement has been shown on revised site plans supplied to us by G. W. Clifford's Office. I have marked the approximate location of the easement on the enclosed copy of your subdivision plat. Once the plat has been revised to reflect the easement, please resubmit for our signature. If you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. Steve A. Melnikoff Mr. Robert W_ Watkins TRANSPORTATION FOR THE 21 ST CENTURY �p C COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-5600 May 23, 1994 Mr. John W. Neff, Vice President E. R. Neff Excavating, Inc. P. O. Box 1027 Stephens City, VA 22655 Dear John: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref: Asbury Terrace Subdivision Section I Route 659 Frederick County Enclosed you will find your approved Land Use Permit #855-02569 to cover the installation of a standard street connection to the referenced project and installation of a 2.1" C.11.P. culvert under Route 659. Please keep a copy of the approved permit assembly at the job site whenever working within the right-of-way. Also, please contact Mr. Steve A. Nlelnil:off at our Winchester Complex at (703) 722-3460 to arrange for any necessary inspections; keep in mind Nve will need 48 hours notice for any inspections. If you have any questions concerning the permit contents, or during construction, feel free to give me a call. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. S. A. Melnikoff Mr. R. W. Watkins Mr. H. E. Strawsnyder Mr. Ben Butler TRANSPORTATION FOR THE 21 ST CENTURY / ritl C 1' F f )J4 07 t- DEr'T, OF PLAiijVjN? vi ae AND DEVELOPMOT r f ~6f �/ COMIMMNWEAZTT of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-5611 April 4, 1994 Mr. Austin Spitler C/O Greenway, Inc. 970 Baker Lane Winchester, VA 22603 Dear Austin: 1000'1. H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref: Asbury Terrace Subd. Section I Route 659 Frederick County We have received your letter of March 24, 1994 and final subdivision plats for the referenced development. We will be unable to sign -off on the plats until such time the 20' drainage easement across the Carlisle Heights property is obtained. This easement and outfall ditch, as you well know, will drain a large portion of the development. A copy of the recorded easement, deed and plat will be needed for our files. In addition, we have learned from the contractor there has been several utility changes in the Camden Drive right-of-way. The plat's water and sewer easements in the Cul-de-sac area do not match the approved site plan. We will need revised site plans for review showing the new utility locations. Once these items have been addressed we can then sign -off on the plat. We have apprised the owner of the above issues through copy of letter dated January 27, 1994 to his contractor (copy attached). If you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Attachment xc: Mr. S. A. Melnikoff, Mr. R. W. Watkins, Mr. John Whitacre, Mr. George Glaize, Jr. TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG.22824 COMMISSIONER January 27, 1994 Mr. John Neff C/O E. R. Neff Excavating P. O. Box 1027 Stephens City, VA 22655 Dear Mr. Neff: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984.4133 FAX (703) 984.9761 Ref: Asbury Terrace Subdivision Section I Route 659 Frederick County I am writing in response to our meeting of January 25, 1994 to review the permit requirements for the..:referenced project. As I said. two land,lis subdivision entrance''a installations. A $45.0( permit. A $120.00 fee Eight sets of the appro the Carlisle Heights pr Also as discussed, due to cl the project plan in 1988, t Camden Drive will need to water line crossings of Rou ig" our design 04'4irements since ve originally approved osed 2" CI P cu11 ert under Route 659 adjacent to . alt coatec; Also theproposed _8 ! sanitary sewer and 6" will need to be made by push, jack or bore methods. You indicated several utility_`'riges were being proposed within the Camden Drive right-of-way. If so, we will require revised site plans for review prior to the start of construction of the street. You also said the developer may want to place fill material on several lots he owns on the south side of Route 659. This material cannot obstruct drainage from our roadway. If you have any questions concerning the above, please let me know. Sincerely, William H. Bushman Tran: Resident Engineer By: Robert B. Childress llwv. Permits & Subd. Spec. Senior RBC/rf xc: Mr. S. A. Nlelnikoff, Mr. R. W. Watkins. Mr. G:-or�ge Glaize, Jr. TRANSPOR-ATiON FOR THEE 21 ST l r) C7I v i J4 DEPT. Cr rL :ttliH� COMMONWEALTH of VIRGINIA ` , MI) DEVECOPt4 r DEPARTMENT OF TRANSPORTATION tiV� P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 BUSHMAN COMMISSIONER January 27 1994 RESIDENT ENGINEER f = TELE(703)984-4133 FAX (703) 984-9761 Mr. John Neff Ref: Asbury Terrace Subdivision C/O E. R. Neff Excavating Section I P. O. Box 1027 Route 659 Stephens City, VA 22655 Frederick County Dear Mr. Neff: I am writing in response to our meeting of January 25, 1994 to review, the permit requirements for the., referenced project. As I said, two IatlertX,s ,wadi be required. oue.taeeex..the<onstruction of the subdivision entranced`rei r sw �nI?ko�1�n ;endeto cover the utility installations A $45.:fee. andOf}O.ouyaaw>Ie<r ... uced for the entrance permit. A $120.00 fee I $7, ►,QO su y i1 it�d :wi neces.s. y for the utility permit. Eight f he r .; te..::.:::»::>:: »nd:;::;;:::::>:::;::;>::.::...:;':.::<:_:;:<;::;::, r g sets o t app o3: Irian a a copy of the rOco detl drainage easement across .... the Carlisle Heights prorly v�lilIso bided ltr'erve care your permits. yk:> Also as discussed, due to c�.'a ges m our d gn regli ire Tents su .we originally approved the project plan in 1988, tl Proposed i!`L1'!'elert under Route 659 adjacent to Camden Drive will need tol :pT alt coa l .. Alscr the proposedW sanitary sewer and 61' water line crossings of Rout• will need to be made by push, jack or bore methods. You indicated several utilityinges were being proposed within the Camden Drive right-of-way. If so, we will require revised site plans for review prior to the start of construction of the street. You also said the developer may want to place fill material on several lots he owns on the south side of Route 659. This material cannot obstruct drainage from our roadway. If you have any questions concerning the above, please let me know. Sincerely, William H. Bushman Tra Resident Engineer !/_// By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. S. A. Melnikoff, Mr. R. W. ON FOR Oros M T CGeor�ge Glaize, Jr. ,._ C�,� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION RAY D. PETHTEL COMMISSIONER Mr. John W. Neff, Vice President C/O E. R. Neff Excavating, Inc. P. O. Box 1027 Stephens City, VA 22655 41Z ? zo , -94 �Dirpt v P. O. BOX 278 EDINBURG, 22824 �� February 1, 1994 WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703) 984-9761 Ref: Asbury Terrace Subdivision Route 659 (North Side) At .19 Mi. East Rte. 1290 Frederick County Dear John: In accordance with your letter of January 26, 1994 you are given permission to install a temporary construction entrance at the reference location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage in accordance with the attached while working on the right-of-way will be required. All work on the right-of-way is to be confined to the temporary entrance location only. • A minimum 6" depth of VDOT #1 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. Positive drainage is to be maintained within the right-of-way at all times. Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. This permit is being issued for sixty (60) days. A formal land use permit application will be submitted within this time. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 1.01. The entrance is to be installed at the location shown on the site plan prepared by Greenway, Inc. dated May 9, 1988. • No on site drainage should be ditched/diverted to the Route 659 right-of-way until the proposed 24" C.M.P. culvert is installed adjacent to the entrance and drainage easement established. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Through copy of this letter to the developer, we are reminding him a preconstruction conference should be held prior to initiation of work. Should you have any questions, please let me know. Sincerely, W. H. Bushman, Trans. Resident Engineer By: R. B. Childress, Hwy. Permits & Subd. Spec. Sr. Attach. r1s E xc: R. D. Hawkins, S. A. Meln kof f�OR ATW FOR ztSTU .,T .,YStrawsnyder, George Glaize, Jr. k i' Neff Exravafing, Inr. P.O. BOX'1027 STEPHENS CITY, VA 22655 (703) 869-1010 FAX (703) 869-7494 January 26, 1994, Robert B. Childress Virginia Department of Transportation P. O. Box 278 Edinburg, Virginia 22824 RE: Temporary Construction Entrance Permit Asbury Terrace Subdivision Project Mr. Childress: We hereby request that you grant us a 60 day permit to construct and maintain a temporary construction entrance. The temporary construction entrance is required to allow access to the site of the Asbury Terrace Subdivision development site on Rt. 659, Frederick County. We agree to abide by all VDOT requirements regarding performance of work within the State's right-of-way and to topsoil and re- seed any turf disturbed on the State's right-of-way. Thank you, E. R. NEFF EXCAVATING, INC. 94� )�/ John W. Neff Vice President SCCT/OAI TfNREE A.5611WK TERRACE .5f%4WIVE£ 40/3Tle/CT . ... .. ........1-tcoce/c& COelxlrY, v/,C6/A//A .JU.t/E 1 , / 908 Y/ChL/irY MA0 �� .SCi44 E' / 11 s ZOE%6' v �s 6s tads f ..l— v/ ors ._► .r✓_ .it.."'� �� :-tEe AC AIWAYW Y OIYAACeS /A/ .456!/,er rezA ACE .4.CE eEOU/ eo TO 6ECO.V6 TO rfw AS6lleY rezeAre AVA/f OtWCZS .4J50C/Ar/0V rME .4550CIArA .1/ /S Z4T OW&Fe OK- 4Z 4 A,AAw SH4MV .4.5 COA4A/OA/ Ae64S OA/ THE .4774CME0 P647-5 .4AAP /S RE.Sit?.US/6L E AM rAe— MA/,VTeV-4414-6- Of TMO5e- .4.CE.4.5. 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TR D4400A QW4"S i F/A/A L _S [/B DIV451O.c/ PL A T SEC T/O.V TNREE- A .5 B URY" 7'E'-ZRACC Sf/A WI,1EE D/S TR /C T— CO61X/7"; li%e G /.viA SCALE z / "= 30 I DATE: -JelAle- /S, /.9ee lot\ GREENWAY ENGINEERING AND SURVEYING CO., INC. //04 10A.�E".0 4IW \47 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4196 640 "IV yt CNTIWATE Mr. *174 ow �t�Lole €T z of /o 44 E ..• .. � � � I � 2p EASES � �..._� S 68000'00 "C , S9 o Co 4h 7 � c, 0 ; 27. z� oo' � W I 00 g 30 00 f'{/ 9ro. 4/' 00_E Ri N I I `�' l08 0 0°��► ��� 7 In 01�9 N� Q J ►� I1� \ � •h Q I. Q ti o � � 33 6 PL Q I N � rFlZr".34, v ' i¢ "�''' 1 I O.QA/N.4GC `\ Q 1 Aj 76 1 I I I E"ASEME"NT� \ ` I / / F/tiA Z SUBO/I-r,Sio.v P4 T 5EC7'10X1 >NRtz-7 " 0��� 4r► SwA svxlEE O/.S7'.e /CT- F.CEOE.e/C,e ca-clxl7w 1//.eG 11-//A . SCALE r /N= So DATE = JU�t/E /�, /9B6 CERTI5M1�17�TE ft {T GREENWAY ENGINEERING AND SURVEYING CO., INC. *a7a //O¢ Qi/CE C Z,4AoeE"• WINCHESTER, VIRGINIA 22601 TELEPHONE OW-4186 Quc3 of / p ,X-IAIA 4 S 41,gAOIA,11-5 /OA/ 4P/- A 7' -5CC?"-10A1 7;41R6-E A 50 UR*>-Oo* 7Z—RR4 C6- caelw7n- *,1',e&1,v1A I SCALE: / *'**-:r 410 ' I DATE: /37, 19ea I GREENWAY ENGINEERING AND SURVEYING CO., INC. //ov 414-410, WNCHESTER, VIAG"A 22801 TELEPHONE 682-4195 IL M m ow~1 ow 51147-3 104 $"now IF Of Ao ea , 'OAWIA446Gd' 4 ,4 5 e.-fA / 7: tiro Ag /01 0001 A17e-I Ig 'ee -,,4y /5 00 W �,IN � 1 -5 "o 25 io 1-'71A/46 54,'B4OIVI-510AI PGA S56-C71-01V A..58URxoo' n-zRAcc 51/A wm6-c al-5 7',e / rc- �11.e,:5; 1"IA I SCALE: //"=- --5-0 ' I DATE I -leIA16- GREENWAY ENGINEERING AND SURVEYING CO., INC. //0-1% 00.cee -1.4A16- WINCHESTER, VIRGINIA 22601 TELEPHONE 882-4188 LMM COMFNAM Oft 54-17-3 Is" ' *174 f4M -I- Got /0 ti ' 1 .5 7$° g / " /3 6. 5Z , 71 73 �s //, 95/f % /.3,877� a� s 3 75 ah e / f — oc� Do rK�' yp. IN '7.3'�d 111S 96.8Z a W 10,317 a 4' °/' 7/7-1 N h -91 ly) 77 .� EASEME.c/T• ••'• 70 h, tr1 • � Nk - r� Al7Z°/G ' ZZ' A/-/oZ.69' I F .> F/tiA� .Sv�SO/liiSio�t/ PLAT SEC7-101V A .S 8 UR)-- 7 F. eR4cE S.o/AH/.VEE D/,sre/C7 = FZEOE.e/c.� coel,117 W-,,e&1A11,4 SCALE: So ' 1 DATE _ --le/•c/E /5", GREENWAY ENGINEERING AND SURVEYING CO., INC. iio¢ 0441e,e LANE• WINCHESTER, VIRGINIA 22801 TELEPHONE OW-4186 cM coffrcm me. :w o-3 6 Of /O rm 'u 7" -60 0 64 -5 6 e0- 00zo IA,,,4 61 rj vq e Z. /.5to (9(9, kIj COMMOAI AREA • '4A .01// 1360 ACRES Is %I �, /7"' pe,4� 6,4.5 135 ,56-C7-10AI 77-IZ62�- $1 5A 7;27, AVP,4 r.490--- ko4ealAI1,4 j L UK SCALE: 50 OATS I ✓eIA16- V09 CMTWrAT9 OW 54-174 kft 174 MM GREENWAY ENGINEERING AND SURVEYING CO., INC. kb: //049 ffI4.1cac-le LANE ANC WINCHESTER, VIRGINIA 22601 0 TELEPHONE 6W-4186 [—SKEET 7 of sTUC T.Z 4AW I , I A / / 7' ¢3 " 38 " E " _ _- Z /3. Z O 7.3e. ¢z' 4,16 3h \ h° \ 5 2 c'-{ / 1-1�00000- X ti I� Q - 8 Use y ROAD ,,53/. /5" " I A s ,et Aso 00 0 I /w Fii(./A G _3U6,O1V1S io v P,-.4 r .SEcrio v 7�VZC6- A J6 URY 72 ."- AcE .SyAW"dv E D/sT.e/Cr- �.eEoE,C'/C,e COU/v»; PIrCaIA11,4 SCALE: /''= SO ' DATE _ ./U,!/E /5-, /9B8 GREENWAY ENGINEERING AND SURVEYING CO., INC. //O.0 QAej—,e L. AI-- WINCHESTER, VIRGINIA 22801 TELEPHONE 8W-4186 0 h two 9 1144 . wild n LOT # 54 56 57 58 59 60 61 64 65 66 67 68 68 69 71 71 72 73 74 75 76 76 DELTA 81' 00' 00" 070 1 1 ' 30" 060 5716" 040 21 ' 1 4" 030 29' 28" 050 46' 00" 010 28' 43" 020 06' 51 " 07033' 44" 040 25' 32" 050 14 39" 060 39' 1 3" 950 28' 5 2 " 820 18 51 " 48° 1 1 ' 22" 27030' 07" 600 39' 46" 470 11 ' 20" 460 52' 45" 47029' 54" 460 38' 54" 480 11 ' 24" RADIUS 50.00' 725.00' 725.00' 725.00' 775.00' 775.00' 775.00' 725.00' 725.00' 725.00' 775.00' 775.00' 25.00' 100.00, 25.00' 50.00' 50.00, 50.00, 50.00' 50.00' 50.00, 2 5 . 0 J ' LOTS ON CURVE ARC TANGENT CHORD 70.69' 42.70' N27010'14"W - 64.94' 91.00, 45.56' N1605531"E - 90.94' 88.00' 44.05' N23°59'54"E - 87.95' 55.09' 27.56' N29039'09"E - 55.08' 47.22' 23.62' N30005'01"E - 47.21' 78.00' 39.03' N22005'21"E - 77.97' 20.00' 10.00, N18027'59"E - 20.00' 26.75' 13.38' S18047'03"W - 26.75' 95.69' 47.92' S23037'21"W - 95.62' 56.00, 28.01' S29036'59"W - 55.99' 70.93' 35.49' S29012'27"W - 70.91' 90.00, 45.05' S23015'31"W - 89.95' 41.66' 27.51' S67040'20"W - 37.01' 143.67' 87.41' N23025'48"W - 131.63 21.03' 11.18, N41049'19"E - 20.41' 24.00' 12.24' N52009'56"E - 23.77' 52.94' 29.25' N08005'00"E - 50.50' 41.18' 21.84' N45050'33"W - 40.03' 40.91' 21.68' S87007'25"W - 39.78' 41.45' 22.00' S39°56'05"W - 40.27' 40. 71 ' 21 . 56' S070 Ott' 1 9"E - 39. 59' 21.03' 11.18, S06022'04"E - 20.41' OA TA SC`C 7/o t/ 7�1e EE A ,S B L1iQY TERRACE [-fA411,AWwmee ALE = DATE _ ✓41AIe /S, / 9841 GREENWAY ENGINEERING AND SURVEYING CO., INC. //0 4 A%4.-E,C e,evE- WINCHESTER, VIRGINIA 22801 TELEPHONE 882-4186 SHEET 9 of / 0 ■ LOT# DELTA RADIUS 79 19°49'16" 150.00' 80 21040'46" 150.00, 81 21040'46" 150.00, 82 19008'03" 150.00' 83 77*55'00" 25.00' Asbury Road of Asbury Court 07' 49' 43" 06' 1 0' 01 " 99000,00" 180 3000" 14006'07" 82018'52" LOTS ON CURVE ARC TANGENT 51.89' 26.21' 56.76' 28.72' 56.76' 28.72' 50.09' 25.28' 34.00' 20.21' COMMON AREAS 1333.74 182.24 91.26' 2492.49' 268.27' 134.27' 50.00, 86.39' 58.24' STREET CENTER LINE 750.00' 750.00' 242.16' 122.15' 184.59' 92.77' 125.00' 179.58' 109.26' CHORD S07049'00"W - 51.63' S12056'01"E - 56.42' S34°36'47"E - 56.42' S55 01'12"E - 49.86' S25037'44"E - 31.44' N71035'06"W - 182.10' N64035'14"W - 268.14' N62049'46"W - 76.04' N22034'46"E - 241.11' N24046'42"E - 184.13' N23025'48"W - 164.53'' e'f/RYE' OA TA SCCT/OA./ TN,�EE A.S 46UR)" 71CRRACE S//A M11VEE 01s 7-.e Ac>- F,e EOE-,e is e cove,-�; ✓1,e � 1"1,4 % m =CAI.E : DATE: ✓U.VE" iS, /9B1t Ilk B �-;T•3 isiN� OW GREENWAY ENGINEERING AND SURVEYING CO., INC.;�� mot.: //0 � 9A tleX L.4AIV- LAIC ` WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4166 SHEET /Q of �O 4-1 -,.- "*' co fIA1.46 PGATS S EC T/OR/ TN,eEE A.SBURr TERRACE SNAN/ilIEE D/STR/CTFf'E'DE.Q/C� OOU�(/TY, l�/C6/�t//A VIC1,oCl/TY MAP hu ak � UJ /�OUTF 7 ,C AZ,( APOACoerr O YV4CZS /.0 45,06 eY TE,Q,eACE A,eE ee'04V/RED TO BELO,UG TO r/W 45j5eJeY TE,e e4CE , VVC 0/Y,UCR5 4JJ0C1,47'10V. 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CO.-U..11rA>ro v Aurr,laeirr YA a4rp' OF z'eA v5,po.eyA 0 "Al ERR CER T/F/C4 TE ;r1WC A60YE A41,0 FO,eEGO/,VG SUSO/ll/S/O,(/ Ol- THE L.4110 OF EASTE.e,U I-ecocelce ,0,C*r40A'ME1VT COMP. 4K, AS APPEA,CS /,t/ 7AT A«z9"R,,4x1Y1A16 A1.4TS /S "/TN T/1E DES/,eE.S O ,4/E atly ,ena,<1 47e,- S, , Pape1c ro e5, 4,(/D rillj7EES, 1'r .4 1 �-- - — _...__ DATE _ DATE — ---- — --- - — - - - ---- - - -- 0.47E Se1RYEYOR;S C'CRrIF/CArC / 17oeeceY ceulFY THAT T/-1E L- , 4AW CO3V r4I,V ED /iV TN/5 .SUBD/1'/S/O,V /S A poeT/ON OF 7,AIC LA.VU CO.(/VEYEO TO EASTE, Al FR, OECklCk' DEVELOPVN A17- COMPWlr,, 8Y DEED DATED / ✓UCY 1987, A,VD RECORDED AMOA16 THE CAwO ^rcaeD.S OF F-ecoce1c& COUNTY, Vle6/.(//r4 111 DEED 600,E ro Z AT PAGE" 4 7d. WMAY EIGNUM ANO SWEYMG co., INC. .'Of e-4,td-,e L.I.vE- W00CHUTER, VWaMilA 22801 TELEPHONE MftdlM I of /O S C/B D/ViS i o.v PGA T A S B U�Y TE��2ACE SHAI-✓�cJEE D/STD/cT- F�EOE.e/C.� C,041XIT); ;1ieG/A//A SCALE: GATE _--1eiV6- /3, /.9eB cuff w1cm ft ii4m GREENWAY ENGINEERING AND SURVEYING CO., INC. i/O¢ 10-4& r*x GAG✓E" LAND WINCHESTER. VIRGINIA 22001 TELEPHONE 8U-4186 J /O F/NA Z SUB D/Iir S ro.v PL .4 T SECT/o/c/ %lecc t Ase Ue)" 72ER- ZACEColT syArvvEE oisre reT- oE.e/e cove,-r, yieo �,vi� . �,�IN�� a� FEE" .e SCALE: /" = So DATE _ -1 eMIC /S, /9B6 7 3 WM 7.3 OMc�I ft% GREENWAY ENGINEERING AND SURVEYING CO., INC. %~ ii0t 04,e" a,41,'E-' tl11UD k47 WINCHESTER, VIRGINIA 22601 TELEPHONE OW-4186 SHEET 3 Of /0 ,pEli'E"G OPME�r C�MPANy S 00 ') � i 0 � 9, 6 08� � � • 75 -•E - /2 5 00 In 9, 9 7365 N. lea, o rti ... .. F/il/A G SLBO/✓i-5 i0Al 40'4 A T SECT/Oit/ Ti�1REE" �' +► A %5,6 ON' rZWR4cE .Sfi/AY✓it/EE O/ST.e /G' T- F.eEOE,E'/C,L/ GOC//V>r ✓/.QG/.t//A SCALE: BATE :.IeIX1E /5-, /9B8 CMIWATE f 54-17.3 (A)w ft\ GREENWAY ENGINEERING AND SURVEYING CO., INC. ' //0-0 1614z" 4.441 ' t %4�PWINCHESTER, VIRGINIA 22601 TELEPHONE 6W-4166 SHEET -7 of /O Q v h F/NAC SUBo/✓/s/O.V PCAT .SE'C7 —101V TN-IR6- ' A.SB vRr TER,eAcE .S.y.4l✓.UEE O/S>� /C>- F�EOE.e /C,e coU,vr}; /�ieG /.v/A SCALE: /"= So ' I DATE: J&A16' /5. /988 I ft\ GREENWAY ENGINEERING AND SURVEYING CO., INC. „O¢ BAe-ce Z.4AM' \47 WINCHESTER, VIRGMA 22601 TELEPHONE SM-4186 h J Mw 1JE�t/�/A.YS i z \� 7g //, 95/� 1��� /3,97;r-/ �1 V 1 0 7.5go 10 / Pf - Ze 0.0 7j04B "SZ" /'►i Q �" �� h h11�90� /0,3/7 ��� 4r N-) ,�ij 71 ti h ' O� X/7 0/6'ee -/'V - /2;5'00 4 77 \j /Zs oo • .� EASE'ME,c/7• r ' I 70 h, Al 7Z'/6 ' 2Z " i'Y- /0Z.69' f-IA14Z 54160/YiS10,V PC<!r SE-c71o/v 71-W6E" A-58U,eY 72c;eRACE SA/A*VX16-E D/.SY,e /C7 = F.CEOE.e/C.� CoelA17->; V1,,e&1A1/A UCALE : /"= SO ' 1 DATE =-lelxlE /S, lode 1 GREENWAY ENGINEERING ' AND SURVEYING CO., INC. iio.¢ owAw" a Z,4AIe' WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4166 CiRTwwft ow W174 om SHEET 6 of /O �::. i Aw 4j \ ► 0111 7" -50 _ h C04-IMOAI ARCA 10 A CR 6J 1A.14 Z Sel,6,011-11SIOXI ,5EC770kl 77-YIZ6-6- A J46 64Z),00' 7�27"-ACC SW,4WAlee ws2ecle-7-- ko56e&1A11,4 I $CALF.: / " =, 50 1 1 DATE: -1-(IA16- /57, / 988 1 GREENWAY ENGINEERING AND SURVEYING CO., INC. //0 Ot 04AIele .4,(1E" WINCHESTER, VIRGINIA 22001 k47 TELEPHONE ON-41W AM"fWATE M. 1 54-17-300 60- Loo ;-,/O000 SHEET 7 Of /0 ,57'6'L 7Z AAVD I M It J N /7' 43'38E ' _- Z/3. ZO 73Z. Ice t�. /,, 16 \ 3h \ 5Z 5 m ti I Ot I -N� b it Nt ASBU,C'Y o SR O , /W I . F/.C/A e S!l,60/V/S /ax/ PGA T .SEC rio c/ 7�Ve6-E A,56 Ue>' 72 .-ReACE � .5�/A!✓.t/EE D/�7',P /C'T - F•� E�DE.C�/C,e CO, -I /7->; j/,Ca1 c//,4 =GALE _ DATE: /S, /9Bd GREENWAY ENGINEERING AND SURVEYING CD., INC. //0.0 e4,e.-,C t.4.vE- WINCHESTER. WAGINIA 22WI TELEPHONE OW-4166 0 h d of /40 LOT # 54 56 57 58 59 60 61 64 65 66 67 68 68 69 71 71 72 73 74 75 76 76 DELTA 810 0000" 070 1 1 ' 30" 060 57' 16" 040 21' 14" 030 29' 2 8 " 050 46' 00" 010 28' 43" 020 06' 51 " 07033' 44" 04° 25' 32" 050 14 39" 060 39' 1 3" 950 28' 52" 82018'51" 480 1 1 ' 22" 27030' 07" 600 39' 46" 470 1 1 ' 20" 460 52' 45" 47029' 54" 460 38' 54" 480 1 1 ' 24" RADIUS 50.00' 725.00' 725.00' 725.00' 775.00' 775.00' 775.00' 725.00' 725.00' 725.00' 775.00' 775.00' 25.00' 100.00, 25.00' 50.00' 50.00' 50.00, 50.00' 50.00' 50.00' 25.0J' LOTS ON CURVE ARC TANGENT CHORD 70.69' 42.70' N27010'14"W - 64.94' 91.00, 45.56' N16055'31"E - 90.94' 88.00' 44.05' N23°5954"E - 87.95' 55.09' 27.56' N29039'09"E - 55.08' 47.22' 23.62' N30005'01"E - 47.21' 78.00' 39.03' N22005'21"E - 77.97' 20.00' 10.00, N18027'59"E - 20.00' 26.75' 13.38' S18047'03"W - 26.75' 95.69' 47.92' S23037'21"W - 95.62' 56.00' 28.01' S29036'59"W - 55.99' 70.93' 35.49' S29012'27"W - 70.91' 90.00, 45.05' S23015'31"W - 89.95' 41.66' 27.51' S67040'20"W - 37.01' 143.67' 87.41' N23025'48"W - 131.63 21.03' 11.18' N41049'19"E - 20.41' 24.00' 12.24' N52009'56"E - 23.77' 52.94' 29.25' N08°05'00"E - 50.50' 41.18' 21.84' N45050'33"W - 40.03' 40.91' 21.68' S87007'25"W - 39.78' 41.45' 22.00' S39056'05"W - 40.27' 40.71' 21.56' S07008'19"E - 39.59' 21.03' 11.18' S06022'04"E - 20.41' C61R VC Owl TA JCC7iO/c/ 7' eEE .Sf/q`s/�(/EE oisT,e is>- F.eE"oE'.e�ce co v/vrr, Y.0 c�.vi,4 SCALE : DATE: ✓& E" /S, / 988 GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER, VIRGINIA 22801 TELEPHONE 862-4186 SHUT 9 of / 0 LOT# DELTA RADIUS 79 19°49'16" 150.00' 80 21040'46" 150.00' 81 21040'46" 150.00' 82 19008'03" 150.00' 83 77°55'00" 25.00' " A 1/ •' B" "B" 07° 49' 43" 06' 10-01" 99000000" LOTS ON CURVE ARC TANGENT 51.89' 26.21' 56.76' 28.72' 56.76' 28.72' 50.09, 25.28' 34.00' 20.21' COMMON AREAS 1333.74 182.24 91.26' 2492.49' 268.27' 134.27' 50.00' 86.39' 58.24' STREET CENTER LINE Asbury Road 18030'00" 750.00' 242.16' 122.15' " 14006107" 750.00' 184.59' 92.77' Asbury Court 82018'52" 125.00' 179.58' 109.26' CHORD S07°49'00"W - 51.63' S12056'01"E - 56.42' S34036'47"E - 56.42' S55001'12"E - 49.86' S25*37'44"E - 31.44' N71°35'06"W - 182.10' N64°35'14"W - 268.14' N62049'46"W - 76.04' N22 34'46"E - 241.11' N24046'42"E - 184.13' N23'25'48"W - 164.53-1 SEC770AI 7NREE A S 6 URY 7-orRRACE [51-1,A4 EE O/.5' IC,,- cool 17,Y, Yl,,e a/.V/A GREENWAY ENGINEERING AND SURVEYING CO. INC. ii0 ¢ OAK6,C LANE WINCHESTER, VIRGINIA 22W1 TELEPHONE ON-4188 !fm /O J /O JUN 1988 RECEIVED- Q RE tgNII \���2�222329 ®� La co Q � � O AUG 1988 N RECEIVED i DEPT. OF PLANNING AND BUILDING V - COUNTY of FREDERICI Departments of Henning and Building 703f665-5650 October 24, 1988 Mr. Bruce Edens 1104 Baker Lane- Winchester, Virginia 22601 Dear Mr. Edens: This letter .is to confirm the Frederick County Planning Commission's action at - their meeting of August 3, 1988: Approval of Final Subdivision Plat of Asbury Terrace, Sections 1, 2, and 3,,;zoned RP, for 84 lots for single-family homes. This property is located along.Route 659 in the Shawnee Magisterial District. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 SUBDIVISION Asbury Terrace, Sections 1, 2, & 3 Zoned RP (Residential Performance) 84 lots LOCATION: Along VA Route 659, about 500 feet from the intersection of Routes 656 and 659 MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Vacant, residential and agricultural land uses; and RP Residential Performance and A-2 (Agricultural General) zoning PROPOSED USE AND IMPROVEMENTS: Single-family houses REVIEW EVALUATIONS: VA Dept. of Transportation - These subdivision plans have been submitted and approved for each section. We have no further comments. Sanitation Authority - Plats are OR. Greenwood Fire Company - No objection. Planning and Zoning - No objection. All subdivision and zoning criteria have been met. STAFF RECOMMENDATIONS: Approval. ' Co V ICK Departmen Qf Pla g an MEM,ORANDUM RF ' ®7g3/665 , Opp�llt �t FST0.�,,O ��1F TO: CY, O OR S VA. Dept. of Transportation , ATTN:. Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. 'Walt Cunningham Inspections Department ATTN: Mr. Kenneth Coffelt - Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W.`Watkins., Director DATE: June 29, 1988 SUBJECT: ,Review Comments On: Conditional Use Permit Site Plan X Subdivision Master Development Plan Rezoning We`are reviewing the .enclosed request by Asbury Terrace, Section I , or their representative, Bruce. Edens 662-4186' Will you please review the attached and return your comments to me as soon as possible. --,------ ---- ----- - - ------ ---------------------- ------ - - THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: rt THE -SUBDIVISION PLANS HAVE BEEN SUBMITTED AND APPROVED FOR ,THIS SECTION. Signature , Date 9 Court. Square - P.O. Box 601 Winchester , Virginia - 22601 JUL1988 DEPT. OF f LANI\IN"G AND BUiLVING �a C DERICK Dep nts oif,�I'laa�ui%rr u g Q 8 7AIT5- 650 MEMORANDUM �QLc0 �I j9 0 R� 4 co�,� �sYGp�9� VA. Dept. of Transportation , ATTN: Mr. William H. Bushma �Rl 5 Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire, Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 2 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return .your comments to me as soon as possible. --- --------- =------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: THIS SECTION OF SUBDIVISION STREET HAS BEEN SUBMITTED AND APPROVED. WE DO NOT HAVE ANY ADDITIONAL COMMENTS. Signature 7J i4,64L_Gr/, Date 9 Court Square P.O, Box 601 Winchester, Virginia - 22601 �o JUL1988 RECEIVED DEFT. OF PLANNING AND BUILDING VA. Dept. of Transportation ATTN: Mr. William H. Bushma v,�`►Os Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt: Cunningham Inspections Department , ATTN Mr. Kenneth Coffelt Planning and Zoning Department , ATTN:Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use,Permit Site Plan % Subdivision Master Development Plan_ Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 3 , or their representative, Bruce Edens 662-4186 Will you'please review the attached and return your comments to me as won as possible. -7----------------------------------------------- ------------------------------ THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: jTHIS SECTION OF SUBDIVISION STREET HAS BEEN PREVIOUSLY.SUBMITTED AND APPROVED BY THIS OFFICE. WE HAVE NO FURTHER COMMENTS. \�0�1o11`1C1 ,1�L198c3 RE�EIVEt� t1FPT. OF PLANNING kND pl)IIPING FCS a � Co COUNTY of FREDERICK va Departments of Planning and Building .. 703/665-5650 M_ORA UM _ TO: VA. Dept. of Transportation , ATTN:. Mr. William H. Bushman Sanitation Authority, , ATTN: Mr. Wellington H. Jones Greenwood Fire Company ,'ATTN- Mr. 'Walt 'Cunningham Iasg!ctions Department ATTN: Mr. Kenneth Coffelt Planning and Zoning Department ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan R Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 1 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your j comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ?U . O w . C "0 4Y .,* dAl F,Griy - f 5' D /� .�23456) L10:�;� Jutd AND BUILDING NQ 6 Signature Date 9 Court. Square - P.O. Box 601 = Winchester, Virginia ' = 22601 �•••. f� • co "O oov ,ARE'.• .3 EC7'10,V o F c i A SROi>; %0 a ✓� r ,Val tat Ir f O3w 73will 92 • ry -. � +�{✓ �' 8 Per©� z¢ -� c�� � � •.f SEE io ' rY.4 rE.� Gib �.Ir +w, i r7- i •- - - P�PO�OSED D�PA/./AGE SHEETr OF _ P� "yes 4 E.vr To Fo.e EQS r4coe tl p• AB.ei9MS' L.PEE.e .SA�(//TA.eY F'W577 AI r sE.*rE.e DEYE® ILIA JO 41*# P.eoFi� E �.0� ME�t/T OV o N ��UCt otl ��S4 III i *r1 �t i 110� �o 1?�ii�c/�esz`!•� t 01 G COUNTY of FREDERICK pG Departments of Planning and Building 703/665-5650 ra __ VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department' , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director -DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 2 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR �44 SZS a REVIEW COMMENTS: ,��g293G31 1�� J01 6' -. Op a• y Signature Date i 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 4 ME, �iI .. r�.- na .P-ro COUNTY of FREDERICK Departments of Planning and Building A iM 703/665-5650 TO: VA.�Dept. of Transportation ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr. Kenneth Coffelt Pl! ning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site 'Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 3 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. -------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ��0Z93Q31 1 N DE`C�f l ANO gOIL�NN�NG Signature Date c/GL /4� 9 Court Square - P.O. Box 601 - Winchest`,' Virginia 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 MEMORANDUM TO: VA. Dept. of °Transportation , ATTN: Mr. William A. Bushman Sanitation Authority , ATTN: Mr. Wellington A. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham - Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 1 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to__me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:` G �Q Signature Date 9 Court Sgwwe - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK p� Departments of Planning and Building M E M O R A N D U M 703/665-5650 VA. Dept. of Transportation ATTN: Mr. William H. Bushman Sanitation Authority , ATTN`: Mr. Wellington S. Jones Greenwood Fire Compaq , ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Mr: Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments on: Conditional Use Permit Site Plan $ Subdivision Master Development Plan Rezoning We are 'reviewing the enclosed request by. Asbury Terrace, Section 2 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: t Signature G�?vl; Date70 (�tLL S�L 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 4 COUNTY of FREDERICK s Departments of Planning and Building MEMORANDUM 703/665-5650 TO: VA. Dept. of Transportation , ATTN-. Mr. William H. Bushman Sanitation Authority , ATTN.* Mr. Wellington H. Jones Greenwood Fire Company, , ATTN: Mr. Walt Cunningham Inspections Department ATTN: Mr. Kenneth Coffelt Planningand Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director- DATE: 'June 29, 1988 SUBJECT: Review Comments On Conditional Use Permit Site Plan % Subdivision Master.Development Plan Rezoning We are reviewing the enclosed request by Asbury Terrace, Section 3 , or their representative, Bruce Edens 662-4186- Will you 'please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signatur Date l 1 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 RI COUNTY of FREDE CK va Departments of Planning and Building 703/665-5650 MEMORANDUM 17 TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire CompaU , ATTN: Mr.. Walt Cunningham Iuspmct ons Department , ATTN- Mt. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen-M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are -reviewing the enclosed requestlby Asbury Terrace, Section 1 , or their representative, Bruce Edens 1662-4186 Will you please review the attached and return your comments to me as soon as possible------------------------------------------------------------------------------ THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 1- 6 U J&;' 1, j -.m a OAf A &Qte'/ Signature Date 9 Court Square P.O. Box 601 - Winchester, Virginia 2201 CMG 4�G COUNTY of FREDERICK a Departments of Planning and Building , M E M 0 R A N D U M 703/665-5650 VA. Dept. of Transportation , ATTN.- Mr. William-H. Bushman Sanitation Authority ,. ATTN: Mr. Wellington H. Jones Greenwood Fire Company ,.ATTN: Mr. Walt Cunningham Inspections Department ,, ATTN: Mr. Kenneth Coffelt Planning and. Zoning,Department , ATTN: Mr. Stephen M.;Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT:Review Comments On:. Conditional Use Permit Site Plan % Subdivision Heater Development Plan Rezoning We are reviewing the enclosed request by Asbury:Terrace, Section 2 , or their representative, Bruce Edens_- 662-4186 Will you please review the attached and return your, comments to me as soon as possible. THIS SPACE -. SHOULD BE USED FOR Ll REVIEW COMMENTS: '' © s? 0.. / 19, 1F`, 12 `� S 15 rt i�, ac. -0; tj t f i sty. C� cri e, GY` CpG COUNTY of FREDERICK o� Departments of Planning and Building M E M 0 R A ND U M 703/665-5650 TO: VA. Dept, of Transportation , ATTN: Mr. -William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Greenwood Fire Company , ATTN: Mr. Walt Cunningham Tnspeetions Department ATTN. Mr. Kenneth Coffelt PlaauxM ,and Zoning -Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: -Robert W. Watkins, Director DATE: June 29, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision Master.Development Plan Rezoning We are reviewing. the enclosed request by Asbury Terrace, Section 3 , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 31 of ft ►�! x 7-0 Gf se' d Z4 Af ':E`l e-n''' e e_a �61-�`� e, <y i �d 1 q S-7 Signature _ Date: 9 Court Sege P.O. Box 601 - ' Winchester, Virginia. 22601 M E M O R A N D U M TO: Virginia Department of Transportation , ATTN: Frederick County Sanitation Authority , ATTN: Planning Commission , ATTN: Board of Supervisors , ATTN: , ATTN: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Mr. William H. Bushman SENT RETURNED Mr. Wellington Jones - U 0? x lk-AO Mr. Robert W. Watkins Mr. John R. Riley, Jr. F-17-�!J 17-9 FROM: Stephen Gyurisin, Deputy Director DATE: August 4, 1988 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Master Development Plan X Subdivision Please review and sign the attached plat/plans, if approved for: Asbury Terrace, Sections 1, 2, and 3 Please return this form and the plats/plans as soon as possible. Thank you. THIS SPACE SHOULD BE USED FOR ANY COMMENTS: I 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 M E M O R A N D U M TO: Virginia Department of Transportation , ATTN: Frederick County Sanitation Authority , ATTN: Planning Commission , ATTN: Board of Supervisors , ATTN: , ATTN: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 SENT Mr. William Ham. Bushman - RETURNED Mr. n o�i�J/`one s ; - rj- Mr. Robert W. Watkins Mr. John R. Riley, Jr. FROM: Stephen Gyurisin, Deputy Director DATE: August 4, 1988 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Master Development Plan X Subdivision Please review and sign the attached plat/plans, if approved for: Asbury Terrace, Sections 1, 2, and 3 Please return this form and the plats/plans as soon as possible. Thank you. THIS SPACE SHOULD BE USED FOR ANY COMMENTS: 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 7 0 � m a � i:� '/ � .� p ,: a '� `� c m[\ � �� � COUNTY of FREDERICK M E M O R A N D U M TO: Virginia Department of Transportation , ATTN: Frederick County Sanitation Authority , ATTN: Planning Commission , ATTN: Board of Supervisors , ATTN: , ATTN: Departments of Planning and Building 703/665-5650 SENT Mr. William H. Bushman RETURNED Mr. Wellington Jones Mr. Robert W. Watkins Mr. John R. Riley, Jr. FROM: Stephen Gyurisin, Deputy Director DATE: August 4, 1988 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Master Development Plan X Subdivision Please review and sign the attached plat/plans, if approved for: c Asbury Terrace, Sections 1, 2, and 3 Please return this form and the plats/plans as soon as possible. Thank you.", THIS SPACE SHOULD BE USED FOR ANY COMMENTS: NO FURTHER COMMENTS, 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 A. V AUG 1988 RECEIVED DEPT. OF PLANNING AND BUILDING TO: Virginia Department of Transportation , ATTN: r. Frederick County Sanitation Authority , ATTN: Planning Commission , ATTN: Board of Sugeryi� sons , ATTN: ATTN: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 SENT Mr. William H. Bushman RETURNED Mr. Wellington Jones O' �b- Mr. Robert W. Watkins y„rsse4 sMc Mr. John R. Riley, Jr. �' d• t a i1[:- Stephen Gyurisin, Deputy Director DATE: August 4, 1988 Sit REVIEW AND SIGN PLAT/PLANS: Master Development Plan % Subdivision- Please review and sign the attached plat/plans, if approved for: :5 AsburyTerrace, Sections 1 2, and Please return this fora and the plats/plans as soon as possible. Thank you. IRIS SPACE SHOULD -BE USED FOR ANY COMMENTS: 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 3 f APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 INVOICE # 5092 30531 PAGE ONE OF 2 PAGES ' TO (Owner): PROJECT: APPLICATION NO: 2 Distribution to: EASTERN FREDERICK DEVELOPMENT CO. ROAD CONSTRUCTION & UTILITIES M OWNER 11 SOUTH CAMERQN °STREET•` FOR RESIDENTIAL SUBDIVISION PERIOD FROM: July 30, 1980M ARCHITECT WINCHESTER, TO: August 30, 19[8�8CONTRACTOR 22601 � ATTENTION: CONTRACT FOR: ARCHITECT'S r ASBURY. TIERRACE SECTION 3 PROJECT NO: - _ CONTRACT DATE: July 11 1988 Application is. made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAMiMENT' Continuation Sheet, AIA Document G703, is attached. CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS ; $ 2,100.00 DEDUCTIONS Approved this Month 15,860.00 Number Date Approved 1 TOTALS $17,960.00 Net thane by Change Orders 1 $17 , 960.00 The undersigned Contractor certifies that to the best of his knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Docu- ments, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: PERRY ENGINEERING COMPANY, INC. B Date: Auhus t 31, 1988 y T'h mm�o M Tlnl nn The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM . $ 255,000.00 • .` Net change by Change Orders ..................... $ 17,960.00 r CONTRACT SUM TO DATE ........................ $ 272,960.00 TOTAL COMPLETED & STORED TO DATE ........... $ 109,990.95 (Column G on G703) ,RETAINAGE 0 % ........................ $ 0.00 or total in Column I on G703 `TOTAL EARNED LESS RETAINAGE ..................$ 109,990.95 LESS PREVIOUS CERTIFICATES FOR PAYMENT . $ 56, 231.45 �1¢ 7 � _ a l" CURRENT PAYMENT DUE ......................... $ 53,759.50 State of: County of Subscribed and sworn* to before me this day of , 19 Ste' Notary Public: My Commissi expires: V,%ZL41�_44MJ If, Ig9J ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ............................. $_ _ (Attach explanation if amount certified differs from the amount.appfied 0or.; In accordance with the Contract Documents, based on on -site obser- ARCHITECT: vations and the data comprising the above application, the Architect certifies to the .Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, By: Date: the quality of the Work is in accordance with the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNT This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor CERTIFIED. named herein. Issuance, payment and acceptance of payment are without prejudice 'to any rights of the Owner or Contractor under this Contract. AIA DOCUlLNT GM 0 APPLICATION ANO CERTIFICATE FOR PAYMENT • APRIL 1978 EDITION • AIAG • 0 1978 comnNUATION SHEET AIA DOCUMENT G703 INVOICE # 5092 30531 PAGE 2 OF 2 PAGES ` i11A Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 2 ContracWes signed Certification is attached. APPLICATION DATE: August 31, 1988 In tabulaUm below, amounts are stated to the nearest dollar. PERIOD FROM: July 30, 1988 Use Cofwnn i on Contracts where variable retainage for line items may apply. TO: August 30, 1988 ARCHITECT'S PROJECT NO: A ti C D E F G H 1 ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETED AND STORED X BALANCE RETAINAGE This Application Na' VALUE Previous TO DATE (G+C) TO FINISH IC -GI Stored Materials Applications Work in Place • (not in q or E) (D+E+F) I ROAD GRADING $45,028.00 $221514:00 $0.00 $0.00 $22,514.00 50% $22,514.00 $0.00 2 STORM SEWER $31,758.00 $7,939.50 $0.00 $0.00 $7,939.50 25% $23,818.50 $0.00 3 OFFSITE SANITARY SEWER $27,047.00 $0.00. $0.00 $0.00 $0.00 0% $27,047.00 $0.00 ONSITE SANITARY SEWER & LOT SER $60,955.00 $15,238.75• $42,668.50 $0.00 $57,907.25 95% $3,047.75 $0.00 5 OFFSITE WATERMAIN $22,659.00 $4,5�1 80. , $0.00 $0.00 $4,531.80 20% $18,127.20 $0.00 6 ONSITE WATERMAIN It LOT SERVICES $30,037.00 $6,007.40. ' $0.00 $0.00 $6,007.40 20% $24,029.60 $0.00 7 ROAD PAVING: BASE STONE $19,065.00 $0.06 $0.00 $0.00 $0.00 07. $19,065.00 $0.00 8 ROAD PAVING: PRIME & DOUBLE SEA $18,451.00 $0A $0.00 $0.00 $0.00 0% $18,451.00 $0.00 9 ADDITIONAL DIP & FILL $2,100.00 $0.00= $1,575.00 $0.00 $1,575.00 75% $525.00 $0.00 10 C.031: ROAD BORES $15,860.00 $0.00 $9,,516.00 $0.00 $9,516.00 60% $6,344.00 $0.00 $272,960.00 $56,231.45 $53,759.50 $0.00 $109,990.95 $162,969.05 0.00 AtA QOCU~ GM • CONTINUATION SHEET • APRIL 19711 EDITION • AIAO * O IWO - -- -- -- _..... - t i i s i BMB : f me 1 6079 a THIS DEED OF EASEMENT made and dated this 22nd day of November, 1988, by and between EASTERN FREDERICK DEVELOPMENT CO., a Virginia Partnership, party of the first part, hereinafter called the Grantor, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee, and COMMONWEALTH ABSTRACT CORPORATION, Trustee, party of the third part, and FIRST AMERICAN BANK OF VIRGINIA, party of the fourth part. WHEREAS, the Grantor is the owner of a certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, more particularly described and designated as Lots 68 and 69 on the plat of Asbury Terrace, Section Three, attached to the Deed of Dedication of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 692 at Page 375; and, WHEREAS, said property is subject to a Deed of Trust dated September 16, 1988, of record in the aforesaid Clerk's Office in Deed Book 692 at Page 722, from the Grantors to Commonwealth Abstract Corporation, Trustee, to secure the party of the fourth part a certain indebtedness described therein; and, WHEREAS, the Grantee has requested an easement for a 20' permanent drainage easement as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated the 25 day of November, 1988, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey unto the Grantee, with general warranty of title, a;permanent 20' drainage easement as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated the 25 day of November, 1988, attached hereto and by this reference made a part hereof as if set out in full. Said easement is granted for the purpose of draining surface water as shown on the aforesaid plat. The Grantor and its successors in title to the land over which the said easement or right of way is granted shall have the right at all times to cross over and upon said right of way and to use said easement or right of way, provided such use does trot interfere with the construction and maintenance of the drainage easement, and further provided that no building or other structure shall be erected over said permanent easement. The Grantee, its officers, agents, servants, and employees, successors and assigns, shall have the right to go on, over and upon said right of way for the purpose of reconstructing and maintaining the drainage easement, and no other use of said right of way by the Grantor shall interfere with the use and enjoyment of said right of way by the Grantee. The Trustee and Beneficiary, holder and owner of the obligation secured by the deed of trust dated the 16 day of September, 1988, of record in the aforesaid Clerk's Office in Deed Book 692 at Page 722, join herein for the purpose of giving their consent to the conveyance herein so that such acts shall not be construed as a default as provided in said deed of trust, and the granting of such easement shall not release the lien of the aforesaid deed of trust in any manner. WITNESS the following signatures and seals: EASTERN FREDERICK DEVELOPMENT CO. BY (SEAL) VIRGIL T. BROWN, Partner BY (SEAL) GEORGE W. GLAIZE, JR., Partner BY (SEAL) BENJAMIN M. BUTLER, Partner COMMONWEALTH ABSTRACT CORPORATION BY (SEAL) FIRST AMERICAN BANK OF VIRGINIA BY (SEAL) STATE OF VIRGINIA, OF TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that VIRGIL T. BROWN, GEORGE W. GLAIZE, JR., and BENJAMIN M. BUTLER, whose names are signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My commission expires' 3 NOTARY PUBLIC 1 r . { STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , who is of COMMONWEALTH ABSTRACT CORPORATION, Trustee, whose name is signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1988. My commission expires NOTARY PUBLIC STATE OF VIRGINIA, OF , TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that who is of FIRST AMERICAN BANK OF VIRGINIA, whose name is signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My commission expires NOTARY PUBLIC 4 A i 70 z � I I t 67 N KNI Oa_E - � 4 � 800 1 � o►' � o 0 coin Q,C�.4/�t/�9GE EASEti!'E T LOTS G8��9 SECT'/Oit/ 7".y.0 E" S1-1,4"t/EE- O1-5re/C7--- -,C CEO-,0lC.- CO i ,7" , J--IC&/A//A SCALE: / ' = 50 DATE : (10k'6_ 5Ce Z5, /988 GREENWAY ENGINEERING AND SURVEYING CO., INC. //04 e. Z60 64AI.0 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 N N --I or - OP BRUCE ts ci) CERTIFICATE No. �r 54.17.3 (a)965 lk 17.3 (b)162. 4� LANDLAND`� vs SHEET / of / BMB:dhc 6079 7/26/88 UK689PG565 TIIIS DEED OF EASEMENT made and dated.this 26th day of July, 1988, by and between CHARLES C. LONGERBEAM and ELAINE B. LONGERBEAM, his wife, parties of the first part, hereinafter called the Grantors, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee, and THOMAS M. DICKINSON, JR., Sole Acting Trustee, party of the third part, and DOROTHY L. CARLISLE, party of the fourth part. WHEREAS, the Grantors are the owners of a certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, being the same land conveyed to the Grantors by deed dated September 21, 1987, from Dorothy L. Carlisle, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 659 at Page 387; arid, WHEREAS, the said property is subject to a purchase money deed of trust, dated September 21, 1987, of record in the aforesaid Clerk's Office in Deed Book 659 at Page 390, from the Grantors to Thomas M. Dickinson, Jr., et al, Trustees, to secure the party of the fourth part herein the sum of $150,000.00, as recited therein; and, WHEREAS, the Grantee has requested an easement for 20 ft. permanent drainage easement, as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated April 11, 1988, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, WITNESSETH: That for and in consid- eration of -the mutual benefits to be derived therefrom, the OKG89PGSGG Grantors do hereby grant and convey unto the Grantee, with general warranty of title, permanent 20 ft. drainage easement, as shown on the plat of survey, drawn by II. Bruce Edens, C.L.S., dated April 11, 1988, attached hereto and by this reference made a part hereof as if set out in full. Said easement is granted for the purpose of draining surface water from Route 659 to Abrams Creek, as shown on the aforesaid attached plat. The Grantors, and their successors in title to the land over which the said easement or right of way is granted, shall have the right at all times to cross over and upon said right of way and to use said easement or right of way, provided such use does not interfere with the construc- tion and maintenance of the drainage easement. The Grantee, its officers, agents, servants, and employees, shall have the right to go on, over and upon said right of way for the purpose of constructing and maintaining the drainage easement and no other use of said right of way by the Grantors shall interfere with the use and enjoyment of said right of way by the Grantee. The Trustee and beneficiary, holder and owner of the obligation secured by the deed of trust dated September 21, 1987, of record in the aforesaid Clerk's Offide in Deed Book 659 at Page 390, join herein for the purpose of giving their consent to the conveyance herein so that such acts shall not be construed as a default as provided in said deed of trust and the granting of such easement shall not release the lien of the aforesaid deed of trust in any manner. WITNESS the following signatures and seals: 2 OK6BOPG567 CHARLES C. LONGERBJVC9 L) ELAINE B . LONGERBIVAM (SEAL) THOMAS M. DICKINSON, Sole Acting Trustee /, (SEAL) DOROTHYOL. CARLISLE STATE OF VIRGINIA, CV� C---�aA,V TO -WIT.: -,.A, , a Notary Public in r and for the State and jurisdiction aforesaid, do hereby certify that CHARLES C. LONGERBEAM and ELAINE B. LONGERBEAM, his wife, whose names are signed to the foregoing Deed of Easement, dated July 26, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this laday of , 1988. My Commission expires I ) (it NOTARY UBL1 STATE OF VIRGINIA, OF �,!/,�-� , TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that THOMAS M. DICKINSON, JR., Sole Acting Trustee, whose name is signed to the foregoing Deed of Easement, dated July 26, 19881 has personally appeared hgfgre we and 3 ea689PG568 acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this � day of , 1988. My Commission expires � .'•, . . ..... NOTARY PUBIJC pS STATE OF VIRGINIA, G OF , TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that DOROTHY L. CARLISLE, whose name is signed to the foregoing Deed of Easement, dated July 26, 1988, has person- ally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this Ark day of , 1988. My Commission expires NOTARY PUB C 4 RR CEO '4 cr oGGJPGSGg 40* RollrE- 659 -- 7 r s 670 40'14 'r gg 20' DRAINAGE ACCESS, $ EASEMENTS SEWER a UTILITY ,EASEMENT ckj ti 20' '0' 00 1. )ct, �6x I PLAT SHOWING ACCESS, DRAINAGE, SEWER 8 UTILITY EASEMENTS ACROSS THE LAND OF CHARLES L0N6ER6FAA4 SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA DATE 1 APRIL 11. 1988 GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHHitdR, VIRGINIA 22601 TFLEPHONE 662-4186 1. v VIRGINIA Fl*!*.JWK OUUNT*f- SLWO 'FWs Inrtruawnt'01 wdUnl was produood le ffo On 1:10 dy .0 oW with CeNlkat@ Of ackmwieclainent awlto sumood was bft*W to record. IL 011M ITIVEM CE411FICATE No. 54-17.3 (0955 14,17-3 (b)162 't" SHEET I of I ��'^� � ��a �� �y� S7� �� "�:., ti; �- �f, � � � G,, ly � v�.y� y J � �r �'o`` �' _.O BMB : fmc1 6079(1) 08-31-88 THIS DEED OF DEDICATION, made and dated this 1st day of September, 1988, by and between EASTERN FREDERICK DEVELOPMENT COMPANY, a Virginia Partnership, party of the first part, hereinafter called the Declarant, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by 11. Bruce Edens, C.L.S., dated June 15, 19'88, known as Asbury Terrace, Section Three, and is part of the -development known as Asbury Terrace Subdivision, described on the Final Master Development Plan of Asbury Terrace, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same land conveyed to the DECLARANT by deed dated July 1, 1987, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 652 at Page 478; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and shows those certain common areas containing 2.272 acres in the aggregate, to be used as common open space and for the installation and maintenance of water and sewer facilities for said lots, and further shows those certain public streets designated Asbury Road and Asbury Court, which shall constitute a portion of that development known as Asbury Terrace, and lot owners shall become members of the Asbury Terrace Homeowners Association, Inc. upon the terms and conditions herein; and, WHEREAS, the Declarant now desires to subdivide the same into lots to be known as,Asbury Terrace, Section Three. The subdivision of the said real estate as it now appears on the aforesaid attached plat id with the free consent and in accordance with the desires of the undersigned Declarant, and the parties hereto further agree to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" a-s are applicable and in force and effect as of the date of the execution of this Deem of Dedication. NOW, THEREFORE, THIS DEED -OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant, does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated as Asbury Terrace, Section Three, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid plat of H. Bruce Edens, C.L.S., dated June 15, 1988, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the Final Master Development Plan for Asbury Terrace, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to Eastern Frederick Development Company by deed dated the 1 day of July, 1987, which is of record in the aforesaid Clerk's Office in Deed Book 652 at Page 478. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants real running with the land, and shall be binding upon all parties having any right, title and 2 interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Asbury Terrace Homeowners Association, Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Properties".shall mean and refer to that certain real property hereinabove described as Common Area or Open Space, and such additions thereto as may hereafter be lbrought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots Idesignated upon the plat of Asbury Terrace, with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person for entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Eastern Frederick Development Company, a Virginia Partnership. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or jundivided fee interest in any Lot which is subject by covenants lof record to assessments by the Association, including contract 3 (sellers, shall be a member.of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may.not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I' C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the Common Area to the Association; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every N Member shall have a right and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on the property. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or dharges, and (2) special assessments for capital improvements,?Auch assessments to be fixed, established, and collebted from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest.',Oall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Common Area. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of a lot to an Owner, the maximum annual assessment shall be in the amount of the current per year per lot assessment, provided, however, in no case shall the same be rem less than $15.00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the Lot to an Owner,' the maximum annual assessment per Lot may be increased above that set forth hereinabove•by a vote of the Members for the next succeeding and at the end of each year's period, for.each succeeding period of one year, provided that. -any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not les,s than thirty (30) days nor more than sixty (60) days,in advance of the meeting, setting forth the• purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improve- ments; In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the 7 meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At"the first meeting called, as provided in Section 3 and 4 hereof; the presence at the meeting of Members or of proxies entitled to cast -sixty-seven percent (67%) of all votes shall constitute a.quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made n. by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessment which is not paid when due shall be deliXiquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property 9 subject to this Declaration shall be exempt from the assessments created.herein; (a) the Common Area; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization,exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Area: In the event that the Association,�ot its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. LAND USE: No lot shall be used except for single family residential purposes. No beauty shops or similar home occupations, nor any home occupations of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot.. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen 10 from any road at any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected or�maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements;. of the following types of dwellings:._ (a) Rambler; ranches, one story or the above ground levels in a multi -level home - 1,500 finished Square Feet; (b) Split foyer and one and one-half stories - having a first floor of 1,200 finished Square Feet and a total .'of..1, 800 finished Square Feet; (c) Two stories - 900 finished Square Feet each floor. All structures must have a minimum roof pitch of 5/ 12 . 4. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction of vinyl or aluminum siding in excess of twenty percent (20%) of the total exterior surface area. 5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 6. FENCES: No Fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed forty-eight inches in height and the material and design shall be wooden board or rail, and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the owner from constructing a fence as required by the BOCA Code in the event that a swimming pool is placed upon the subject property. 7. CLOTHES LINES AND SATELLITE DISHES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the 11 premises. No satellite dish or like device for the reception of TV signal, microwave signal, etc., shall by allowed on the premises, provided however -that one TV antenna may be allowed so long -as the same is attached to the house. 8. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept,except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 9. ANIMALS: No animal, livestock, or poultry of any kind shall'be raised, bred, or kept on any lot, except that usual household pets are allowed provided they are not kept or maintained for commercial or charitable purposes and/or in unusual numbers. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Asbury Terrace Subdivision. 10. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off-street parking space of at least 12' by 401. 11. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway). 12. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three feet above ground level within ten feet of the intersection of any two street lines. 13. NUISANCES: No noxious or offensive activity shall be carried on on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and 12 free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 14. UTILITIES:. Allutilities, including all telephone, electric, television, gas, T. V. Cable, etc. shall be located underground. 15. DRIVEWAYS AND CULVERTS: If the construction of a driveway-on,,any. lot prohibits the drainage in front of that lot, then a pipe or culvert of sufficient -size (and not less than twelve (12) inches in diameter) shall be installed by the purchaser of"said lot at his expense. The final determination regarding this requirement will be made by the Virginia Highway Department representative that'services the area. 16. WAIVER OF COVENANTS: The Declarants herein alone reserve the right to waive restrictive covenant #1 with respect to land use, and restrictive covenant #2 with respect to building type, and restriction #3 with respect to total finished space; not withstanding the provisions hereinabove, the Declarant or its appointed successor in interest, shall reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 17. ENFORCEMENT: The Declarant herein, and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation. Declarant's rights of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 18. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of 13 way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarant reserves an easement over the common area for sanitary sewer easement(s), water line easement(s) and drainage easement(s), as shown on the plat drawn by H. Bruce Edens, C.L.S., dated June 15, 1988, of record in the Frederick County Department of Planning and Development, as amended from time to time, and further subject to Section 3 hereinafter recited. Section 2. Surface Drainage Easement(s): The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement(s) on the aforesaid attached plat, for the purpose of surface water drainage easement(s). No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easement(s) may not be altered or modified without the prior consent of the County of Frederick, and the Declarant does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easement(s) for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easement(s), provided, however, that in the event the Association fails to maintain said surface drainage easement(s), then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. 14 Section 3. Reservations: The DECLARANT reserves unto itself, its successors or:.assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and}'other utility equipment where such utility lines and equipment are now located and along the strip 10 feet along the front.and rear of each Lot and a 10 foot strip centered on the,•s•ide line of each adjoining Lot, and a 10 foot strip along the boundary of all non -adjoining Lots, and the Declarant reserves unto itself, its successors or assigns, an easement for utility linest; water and sewer lines, and surface drainage over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain 15 in full force and effect.,.: Section 3. Amendment: The covenants and restrictions of this Declaration shall -'run with the land and bind the land, and shall inure to t1le•benefit of and be enforceable by the Association, or the'OwneV of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, -,.for a term of thirty (30) years from the date this Declaration,:is.recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed.by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Asbury Terrace. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the 16 applicable ordinanc.es.apd;regulations of the governing body of the County of Frederick,.,Virginia. The County of Frederick by its duly authorized agents evidences its acceptance of this Deed of Dedication by its signatures on the attached plats. WITNESS the following signatures and seals: EASIER FREDERICK DEVELOPMENT COMPANY .BYE (SEAL) VI T. WN, RT R (SEAL) B J M M. ER, ARTNER BY (SEAL) GEORG W. GL Z ., PARTNER STATE OF VIRGINIA, City OF Winchester , TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that VIRGIL T. BROWN, BENJAMIN M. BUTLER and GEORGE W. GLAIZE, JR., Partners of EASTERN FREDERICK DEVELOPMENT COMPANY, whose names are signed to the foregoing Deed of Dedication, dated the 1st day of September, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1st day of September , 1988. My Commission expires Au ust 4, 1989 4TaARPU IC 17 BMB: fmcl 6079(l) 08-31-88 BOOK 692 PACE 375 THIS DEED OF DEDICATION, made and dated this 1st day of September, 1988, by and between EASTERN FREDERICK DEVELOPMENT COMPANY, a Virginia Partnership, party of the first part, hereinafter called the Declarant, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by H. Bruce Edens, C.L.S., dated June 15, 1988, known a(: Asbury Terrace, Section d is part of the development known as Asbury Terrace Subdivision, described on the Final Master Development Plan of Asbury Terrace, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same land conveyed to the DECLARANT by deed dated July 1, 1987, which is of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 652 at Page 478; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and shows those certain common areas containing 2.272 acres in the aggregate, to be used as common open space and for the installation and maintenance of water and sewer facilities for said lots, and further shows those certain public streets designated Asbury Road and Asbury Court, which shall constitute a portion of that development known as Asbury Terrace, and lot owners shall become members of the Asbury Terrace Homeowners AErsociation, Inc. upon the terms and conditions herein; and, WHEREAS, the Declarant now desires to subdivide the same into lots to be known as.A�sbury Terrace, Section Three. The subdivision of the said real estate as it now appears on the aforesaid attached plat is with the free consent and in accordance with the desires of the undersigned Declarant, and the parties hereto further agree to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of the execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant, does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated as Asbury Terrace, Section Three, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid plat of H. Bruce Edens, C.L.S., dated June 15, 1988, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the Final Master Development Plan for Asbury Terrace, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to Eastern Frederick Development Company by deed dated the 1 day of July, 1987, which is of record in the aforesaid Clerk's Office in Deed Book 652 at Page 478. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants real running with the land, and Ilshall be binding upon all parties having any right, title and BOOK 692 PACE 377 interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS gectildh 1. "Association" shall mean and refer to Asbury Terrade Hottieownere Association, Inc., a non -stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinabove described as Common Area or Open Space, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Asbury Terrace, with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. . Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Eastern Frederick Development Company, a Virginia Partnership. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract 3 1 sellers, shall be &.member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot wh*ph p pµbject to assessment by the Association. Ownership of such'Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the Common Area to the Association; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES (I Section 1. Members' Easements of Enjoyment: Every �� 4 soo�K 692 PAGE 379 Member shall have a.,J:ight and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisionst (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on the property. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot 5 BOOK • 692 PAGE 380 ,owned within the Properties, hereby covenants, and each Owner ,of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capitall ifdpr6Vements, such assessments to be fixed, establibhbd, and 'collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Common Area. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of a lot to an Owner, the maximum annual assessment shall be in the amount of the current per year per lot assessment, provided, however, in no case shall the same be 6 a BOOK `692 PACE 381 less than $15,00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improve- ments; In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting,. setting forth the purpose of the 7 BOOK 692 PAu 382 meeting. ; Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3.1-and 4: At the first meeting called, as provided in Section 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made LV BOOK 692 PACE 383 by the Board for the`isrzuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessment which is not paid when due shall.be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: 9 The following property eo6 .692 PAGE 384 subject to this Declaration shall be exempt from the assessments created,herein; (a) the Common Area; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling s,4all be exempt from these assessments. Section 11. Failure to Maintain Common Area: In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. LAND USE: No lot shall be used except for single family residential purposes. No beauty shops or similar home occupations, nor any home occupations of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot.. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen 10 sooK 692 PACE 385 from any road gLt,any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one story or the above ground levels in a multi -level home - 1,500 finished Square Feet; (b) Split foyer and one and one-half stories - having a first floor of 1,200 finished Square Feet and a total of 1,800 finished Square Feet; (c) Two stories - 900 finished Square Feet each floor. All structures must have a minimum roof pitch of 5/ 12 . 4. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction of vinyl or aluminum siding in excess of twenty percent (20%) of the total exterior surface area. 5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 6. FENCES: No Fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed forty-eight inches in height and the material and design shall be wooden board or rail, and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. Provided, however, that this restriction shall not preclude the owner from constructing a fence as required by the BOCA Code in the event that a swimming pool is placed upon the subject property. 7. CLOTHES LINES AND SATELLITE DISHES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the 11 BOOK 692 PACE 386 premises..,No satellite dish or like device for the reception`of TV signal, microwave signal, etc., shall by allowed on the premises, provided however that one TV antenna may be allowed so long as the same is attached to the house. 8. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 9. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that usual household pets are allowed provided they are not kept or maintained for commercial or charitable purposes and/or in unusual numbers. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Asbury Terrace Subdivision. 10. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off-street parking space of at least 12' by 401. 11. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a ,public street or highway). 12. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three feet above ground level within ten feet of the intersection of any two street lines. 13. NUISANCES: No noxious or offensive activity shall be carried on on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and 12 BOOK 692 PACE 387 free from -'weeds and debris at all times, and shall betkept'cleared in accordance with State laws and local ordinances. 14. UTILITIES: All utilities, including all • telephone, electric, television, gas, T. V. Cable, etc. shall be located underground. 15. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his expense. The final determination regarding this requirement will be made by the Virginia Highway Department representative that services the area. 16. WAIVER OF COVENANTS: The Declarants herein alone reserve the right to waive restrictive covenant #1 with respect to land use, and restrictive covenant #2 with respect to building type, and restriction #3 with respect to total finished space; not withstanding the provisions hereinabove, the Declarant or its appointed successor in interest, shall reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 17. ENFORCEMENT: The Declarant herein, and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation. Declarant's rights of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 18. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of 13 BOOK 692 r,"[-E 38,s way designated Sanitary. Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarant reserves an easement over the common area for sanitary sewer easement(s), water line easement(s) and drainage easement(s), as shown on the plat drawn by H. Bruce Edens, C.L.S., dated June 15, 1988, of record in the Frederick County Department of Planning and Development, as amended from time to time, and further subject to Section 3 hereinafter recited. Section 2. Surface Drainage Easement(s): The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement(s) on the aforesaid attached plat, for the purpose of surface water drainage easement(s). No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water maybe placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easement(s) may not be altered or modified without the prior consent of the County of Frederick, and the Declarant does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easement(s) for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easement(s), provided, however, that in the event the Association fails to maintain said surface drainage easement(s), then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. 14 BOOK 692 FACE 339 Section 3. Rdseryations: The DECLARANT reserves unto itself, its successors or -assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 feet along the front and rear of each Lot and a 10 foot strip centered on the side line of each adjoining Lot, and a 10 foot strip along the boundary of all non -adjoining Lots, and the Declarant reserves unto itself, its successors or assigns, an easement for utility lines, water and sewer lines, and surface drainage over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain 15 BOOK 692 PAGE 390 in full force and effect., Section 3. Amendment: The covenants and restrictions of.this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Asbury Terrace. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the 16 BOOK 692 PAGE 391 applicable ordinanods apd,regulations of the governing body of the County of Frederick, Virginia. The County of Frederick by its duly authorized agents evidences its acceptance of this Deed of Dedication by its signatures on the attached plats. WITNESS the following signatures and seals: EASTER FREDERICCK DEVELOPMENT COMPANY BY ,Z ,//�ifi�1X (SEAL) IEM T . $1jQWN, (SEAL) rR B J MM. ER, PARTNER Z PARTNER GEORG W. STATE OF VIRGINIA, City OF Winchester , TO -WIT: I, M. F. McLaughlin a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that VIRGIL T. BROWN, BENJAMIN M. BUTLER and GEORGE W. GLAIZE, JR., Partners of EASTERN FREDERICK DEVELOPMENT COMPANY, whose names are signed to the foregoing Deed of Dedication, dated the 1st day of September, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1st day of September , 1988. My Commission expires Au ust 4, 1989 .......... .- < 9 0,44 xv�j :` tc;, G•: Gf46TARY PUqhIC OF 17 114, 7wl rlOAI r1.1 EE BOOK 692 ME 392 7CRPACE, AV AOCRIC& CO(WrY, VIZ61AIM -ii Alf, :;::j a �e/y If ilre AZZ, Ae0RreXK omlizs IAI,45,6elell' MZZ4Ce- Afr Z691-11,ff.9 TO MWX16� TO X1,12f,4561-1,fY ,7"t,okle AVV4f OVYA16-45 4J.50C1,4rA9A1 rXIF,4554CIAWAI IJ 7Wd- off,<ICe 01-AeZ 4.e"5 JMOMI AS COM"OAl 4VX5 0A1 7;VC 47Z4C11e;0 PZ,47-'5 4AI49 1-5 Xe-5,P0,V51,6 L 6- 1-0,e 7We- "WlAlre-Al-e OF 7XIOJe 4,eLc,-4-5 .42,1 o7Are Zlee-15 0/- rAT 4-55OC1,4 r10A1 ACE MtAae7'A ( 1A Irms, ze57elMOX15 AICIA9 4r7.4CMl;P1-1eecra. .4 COPY 47.A' 7NE" IZAae ",45,-,,ee .45,5 e1.CYre-,ez.4Cd- - - e 101,4oil 15 OWoc-lee 47' 7We' A leeAf-26, Ice � 6141,<17'� !PeA4,e�r"ce A17 AC1.9 A, 7 4 A., V4 1W6, 296 �:Y-4 wAv;r 4w, ;rz4Aopoe77KrA A91477 0"AM'R.5 CiER rIFICA roC rl-AC A"YlCfAA1&9 AM6164IA16 .5416AWY1510V 0/' THE 4-41-42 40,r 643rCRAI rleCA9celce A04fkre0,PAo0e'X1r C0Aol5PXX1Y, 45APP 5 IAI rAT 4e-Ca"P-4A1Y1A16 Re,47:5- 15 "Irll rAld- A(/0 rnll-f rce5, 9,4 re- j0,4A!r SeIRMCMR:5 CCRrIFICArE 1,oq ,A Pae710AI OF 7W eA(10 CO3(1,VCrC,0 710 C.4S7cexl AR6AOCCICk1)6'VFl1aRAo(6A1,r Z 'AW -r OA00P 6Y PeLP 0ArCP / -)(-IZY 1967, 4AID CCCOeOCD AMOA16 THE 14AID 4ffeaZ,o I OF Aenqcelck, COUNTY, VIA61A114 IAI OCCO 600,C &;f4 4 7' P4WC 478. W"AY ENGINEERING AND SURVEYING CO., INC. W066*8TOK VW4"A rMM TaLepmom 004"s s"m of 1h BOOK 692 PACE 393 f��':rf, I 'f' r. .., 414 all .5 83 'C167.3Z' ZZ. .ti T� ate•• • • ..... � 0 R� •. 7 . h < p' �¢,� 79 F/,,t/A L S UB D/ ►iiS 1 o v PGA T SEC T/OA/ 7-Ai�2EE Sf/AWX-1EE' O/ST.e /CT- l/%eG iN/, 4 SCALE: / "= j-O ' I DATE s-le1XIC /5, /9BB tot\ GREENWAY ENGINEERING AND SURVEYING CO., INC. '/O¢ aA,CE.e e-AW6- \47 WINCHESTER. VIRGINIA 22601 TELEPHONE W2-4166 o0 Y. BRUCE EDENS �x V CERTIFICATE No. i 54.17.3 (a)965 'k(�5%17-3 (D)162 �u LAND SHEET 2 of /O /LO.09 ^� oL0 p� \ h AlCoe*00'00"W- /09. /B' 13 C, 7 /o, z72:f �� o 7 C70 I� 00 �6g'30 00 W 9G. 4/' O Q S 6Z po "OO=E - /Z9 ¢y , I o 68 OSBf j � /01366J-it \ ' 044/ V,40e EASE Est/ �9 41 �� 0 _ 6 9 9s_--y o Z COU,eT So ' ,P/w I O,PA/NAG E \ I E"ASEME,t/T-� \ 0 0 Ile I lea �► o Sao , N 1 1 / 1-"/NAG S UB O/YiS /o.c/ PGA T SEC7-1OTC/ 7�4)eE'E A ,S B uZ>' 725Z- eACE .S.y.41✓.VEE O/S7'.e /CT- F�E`OE.e/C.e COU.t/yY, 1�/.PG /c//A SCALE: /* so ' I DATE It -I&XIC /S", /968 GREENWAY ENGINEERING AND SURVEYING CO., INC. //o¢ 6./.CE,C L,4,1/E' WINCHESTER. VIRGINIA 22001 TELEPHONE OU-4166 CERTIFICATE NIO. i 54.17.3 (siM ,k14*17-3 (D)162�V LAND ,�uQ SHEET 3 of /O m ,oc—IAJAZ. ,PZA7- -56-C7'101V 7iqRE6- A J,& URjK rZWR4 C6- "CALE t / "-= $-d ' I DATE : .1elA16- 15, 19eo I GREENWAY ENGINEERING AND SURVEYING CO., INC. //avc 10.4le" 6-4-41e, WINCHESTER. VIRGINIA 22001 TELEPHONE 662-4186 0e0'0-j,hLTJJ 'IL BRUCE [DEM CERTIFICATE No. 54.17-3 (a)965 ki4,17-3 (0)162 fO LAND S�9/ SHEET 47 of /0 A17z' /6 'zz "/'V - / 5 00 ' �I ti .c so K 692 PACE 396 I............I �) I _ -- i O (59 79 ZZ ' 80 CD 3 F/.c/AG 541,eD/✓/S/oAl PL A T .56-C7-101V 7�-IR6-C A,53 UR>' 76-RRACC 5//.4 wt/EE al-5,n ° /c r- F.L'EoE.e /c e cov 17), /�//A SCALE: 1 DATE: JUNE /5. /988 GREENWAY ENGINEERING AND SURVEYING CO., INC. WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 N. Mucl EDENS CERTIFICATE No. a 54.17.3 (')965 54.17.3 (b)161 oa cAnu ax SHEET S of /O 0 v h J h BOOK 692 PACE 397 Nft 73 r. 95/� .. ^' /.3,877 �7 dig E ' .0 7.5 e P`Ze a\.' ho • �N � R• Ih — � O� �''1I19 0W /0,3/7 � V 77 ti N I A(7Z' /� ' ZZ' EASEME.UT•�•'�•• \I h Q .S 72°/a'ZZ'"E"'� 4 h 9, BSo IN N ' �,o 0 70 h, Al7Z°16 '2Z'.'✓-/OZ.a91 I .A141,4G Sv6oiliiSio.V oe.47- SEC7"/OA/ 7;, -IW 6"E A .S 8 URY 7'E.Q,Q,gCE" SNAPVX1EE D/.S7',e/C7= �.eEOE.e/C.e COUit/7� ✓/.QG/N/A SCALE: DATE l _/l/.t/E /5, /9BB GREENWAY ENGINEERING' AND SURVEYING CO., INC. ,io¢ 4f.4.1'E.e 1.4A16- WINCHESTER. VIRGINIA 22001 TELEPHONE 062-4186 rl *� CERTIFICATE No. 1► 54.17.3 (0965 4 5417.3 (b)162 �� SHEET 6 of /D DUO rAbt 000 _JC _ 0 6A %r= o C04-IMOAI ARCA of "A o/ 0 A CR 675 v 6,4-56 1A1,4 e -5'419,01;11.5101-1 ,Pe,4 r ,56-C770XI 77-IZC6- A.5e ejZ)-*- 70-"-Ac&- SCALE: 50 DATE s -16IA16' 09 It\ GREENWAY ENGINEERING AND SURVEYING CO., INC. //0 0 Aff-4A'6-,C 14AolE WINCHESTER. VIRGINIA 22001 \47 TELEPHONE 652-4196 1.&LTH cl u I. NOCE EDEN -A CERTIFICATE No. 54.17-3 (s)965 lk*17-3 M162 LAND 03 -4i4zlo $4 SHEET 7 of /0 l4w rz /-brio A-1 /7' ¢3 '38 "E i 3h 'y \ h � 52 �N 1 Pr C7o ROH O Asa//5' ASBU�y SO R /w f /.t/A C .SUdO/✓/S iO.v PL A T .SE'c7/O.v 7�VeE-E" A.5f311R)' 7Z-"ACE' .SC0e11V7>, 1�•e�/,ui.4 SCALE= /"= S4 ' DATE _ -JUq/E /5, /9BB ft% GREENWAY ENGINEERING AND SURVEYING CO., INC. liof dX&e*,,C e4w,&- %47 WINCHESTER. VIRGINIA 22601 TELEPHONE (IM4166 rl$ r� 0 6 IL Ma am CERTWICA E 54.17.3 (0965 *17.3 (b)161 act LAND •V�� SHEET d of /O ' s r BOOK 692 PAGE 4CU LOTS ON CURVE I.QT' DELTA RADIUS ARC TANGENT x 810 00' 00" ' - 50.0070.69' 42.70' f ti� r 07°.11'30" 725.,Ou " 91.00' 45.56' V06° 57' 16" 725.00' 80.00, 44.05' :58 ..04° 21 ' 14" " 725.00' 55.09' 27.56' 9.. 03*29128" 775.00' 47.22' 23.62' 60 05046'00" 775.00' 78.00' 39.03' 61 0102843" 775.00' 20.00' 10.00, 64 U200651" 725.00' 26.75' 13.38' 65 07033'44" 725.00' 95.69' 47.92' 66 Oe 25'32" 725.00' 56.00' 28.01' 67 05.014'39" 775.OU' 70.93' 35.49' 68 06039'13" 775.OU' 90.00, 45.U5' 68 95028'52" 25.00' 41.66' 27.51' 69 82018'51" 100.00, 143.67' 87.41' 71 48011'22" 25.00' 21.03' 11.18' 71 27030'07" 50.00' 24.00' 12.24' 72 60039'46" 50.00' 52.94' 29.25' 73 47011'20" 50.00' 41.18' 21.84' 74 46052'45" 50.00' 40.91' 21.68' 75 47029'54" 50.00' 41.45' 22.00' 76 46038'54" 50.00' 40.71' 21.56' 76 48011'24" 25.00' 21.03' 11.18' CU�PYE OA TA A.s 6 v�r 72FX* PACE' 1%47 SCALE: DATE _ ✓UA1E /S, / 9B8 GREENWAY ENGINEERING AND SURVEYING CO., INC.NrCE.e //a4 dG.4AI4- WINCHESTER, VIRGINIA 22WI TELEPHONE 6W-4166 CHORD N27010'14"W - 64.94' N16°55'31"E - 90.94' N23b59'54"E - 87.95' N29039'09"E - 55.08' N30005'01"E - 47.21' N22005'21"E - 77.97' N18027'59"E - 20.00' S18°47'03"W - 26.75' S23037'21"W - 95.62' S29036'59"W - 55.99' S29012'27"W - 70.914 S23015'31"W - 89.95' S67040'20"W - 37.01' N23025'48"W - 131.63 N41049'19"E - 20.41' N52009'56"E - 23.77' N08005'00"E - 50.50' N45050'33"W - 40.03' S87007'25"W - 39.78' S39056'05"W - 40.27' S07°08'19"E - 39.59' S06022'04"E - 20.41' p��>EALr1l 0l� IL MM E�EMS C.ERTWW,44 no. Z r 64.17.3 (•)WNQ5 51.17-3 (bW or LANDS SHEET 9 of / O 1 BOOK 692 PAGE 401 ) LOTS O :� `'�A. N CURVE IoOT6 DELTA y��r R4DI US„ ARC TANGENT 9' 4W� 6:Za.SQ.,,.UO 51 .89' 26.21 ' 150t„UQ 56.76' 28.72' 4. '+ s`8.1� 21° 40' 46" ° *'5.0. UO' "'� 56:76' 28.72' 82 19008103N 15U.00' 50.09, 25.28' 77A55,00" 25.00' 34.001 20.21' .i COMMON AREAS 1 "A" 07°49'43" 1333.74 182.24 91.26' 11B" 06a10,011, 2492.49' 268.27' 134.27' y "B" 99000,00" 50.00' 86.39' 58.24' STREET CENTER LINE •j - Asbury Road 18030'00" 750.00' 242.16' 122.15' ".� " 14006107" 750.00' 184.59' 92.77' Asbury Court 82018152" 125.00' 179.58' 109.26' -i { I CHORD S07049'00"W - 51.63' B12056'01"E - 56.42' S34°36'47"E - 56.42' S55001'12"E - 49.86' S25°37'44"E - 31.44' N71°35'06"W - 182.10' N64035'14"W - 268.14' N62°49'46"W - 76.04- N22034'46"E - 241.11' N24046'42"E - 184.13' N23°25'48"W - 164.53' i Cl/,QVE" OA TA 5EC770V 7;WR6 " A.5 8 UR>' rEQQAcE S!-/AYI/AM-e cov vrn 111,e 6 i vIA L BWE E�IIS tx� SCALE: DATE It ✓UAlE' /3, Z9ed CERTIFICATE No. i 54.17-3 (&)%5 *17-3 M162 • GREENWAY ENGINEERING AND SURVEYING CO., INC.. �� c //O�i dt1KEC G�.VE '�'V i.AND yea WINCHESTER, VIRGINIA 2MI rE�E°"°"E °°z „gs SHEET /O of /O -- -- - /INC Nlq ftiEUEHK KCOUNTY, SGT. / } h TNa In ru t of wAUng was produced to me onthe-dayof ' It ......� �.,� and whh wrdf_W of W mowl to record. n°^t W"r�O wrU ade WOa y• w-�IW`0.iQJ++�� v SEP 1988 RECEIVED DEPT. OF PLANNING AND BUILDING 1�� zvi&J�o &o79j) AUG 1 7 1990 BK7IL9rGI103 THIS SUPPLEMENT TO DEED OF EASEMENT, made and dated this 16th day of August, 1990, by and between EASTERN FREDERICK DEVELOPMENT CO., a Virginia Partnership, party of the first part, hereinafter called Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called Grantee. WHEREAS, the Grantor did, by Deed of Easement, dated November 22, 1988, dedicate to the Grantee a certain drainage easement as more particularly set forth on plat of survey drawn by H. Bruce Edens, C.L.S., dated November 25, 1988, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 70-2 at Page 196; and, WHEREAS, said plat of survey did not recite thereon the metes and bounds description of said easement, and it is the desire of the Grantor to supplement said easement in that respect. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey unto the Grantee, with general warranty of title, a permanent 20 ft. drainage easement, as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated November 25, 1988, of record in the aforesaid Clerk's Office in Deed Book 702 at Page 196, and further as more.particularly described by metes and bounds on that certain plat of survey drawn by H. Bruce Edens, C.L.S., dated August 2, 1990, attached hereto and by this reference made a part hereof as if set out in full. Said easement is granted for the purpose of draining surface water as shown on the aforesaid plats. The Grantor, and it successor in title to the land over which the said easement or right of way is at; 7 Of" I Olt granted, shall have the right at all times to cross over and upon said right of way and use said easement or right of way, provided such use does not interfere with the construction and maintenance of the drainage easement, and further provided that no building or other structure shall be erected over said permanent easement. The Grantee, its officers, agents, servants, employees, successors and assigns, shall have the right to go on, over and upon said right of way for the purpose of reconstructing and maintaining the drainage easement and no other use of said right of way by the Grantor shall interfere with the use and enjoyment of said right of way by the Grantee. WITNESS the following signatures and seals: EASTERN FREDERICK DEVELOPMENT Co. By(SEAL) VIRGIX T. BROWN, Pa to r.• (SEAL) GEOR E-% ALA ZE, `, artner _ SEAL) BE AMIN B T ER,'Partner STATE OF VIRGINIA, CITY OF WINCHESTER , TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid,'do hereby certify that VIRGIL T. BROWN, GEORGE W. GLAIZE, JR. and BENJAMIN M. BUTLER, Partners of EASTERN FREDERICK DEVELOPMENT CO., whose names are signed to the foregoing Supplement to Deed of Easement, dated August 16, 1990, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 21st day of August, 1990. My Commission expires Septemb r 30, 1993 ...... �y �'� y TARY PUMAS 7 4 9 1 I 0 �5 go /7'4 1??j 26.30= ...........7 E-i • D,eN. � E5M'r i A- kX. , A5BU�PY DAD �- 2790" E.49,!57"EiVT PLAT SHOGI//rVG cl� TH p5�G?/ONTyiP��' - f3U�TEPACLc ��iY�9 NEED/yT.('/CT �.PEUE.e/C.r CDUNTY, !//�P6/�v/A E EDENSSCALE_ / - 50 DATE _ AUG6/5T Z, /990162 B Greenway `Engineering & Surveying Cv., Inc. -`�,�, rr rJ O 1104 Baker Lone* Winchester, Virginia 22601 SURVC� 703-662-4185i4y�y�r* H. Bruce Edens • President SHEET / of / VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was oduced 11)19 to me on the day 19xb= d w' i certifi e of acknow edgment thereto annexe as admitted to record. CLERK DIMI a o &o79- AUG 1 7 1990 r I. BK749Fri I103 THIS SUPPLEMENT TO DEED OF EASEMENT, made and dated this 16th day of August, 1990, by and between EASTERN FREDERICK DEVELOPMENT CO., a Virginia Partnership, party of the first part, hereinafter called Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called Grantee. WHEREAS, the Grantor did, by Deed of Easement, dated November 22, 1988, dedicate to the Grantee a certain drainage easement as more particularly set forth on plat of survey drawn by H. Bruce Edens, C.L.S., dated November 25, 1988, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 70-2 at Page 196; and, WHEREAS, said plat of survey did not recite thereon the metes and bounds description of said easement, and it is the desire of the Grantor to supplement said easement in that respect. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey unto the Grantee, with general warranty of title, a permanent 20 ft. drainage easement, as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated November 25, 1988, of record in the aforesaid Clerk's Office in Deed Book 702 at Page 196, and further as more.particularly described by metes and bounds on that certain plat of survey drawn by H. Bruce Edens, C.L.S., dated August 2, 1990, attached hereto and by this reference made a part hereof as if set out in full. Said easement is granted for the purpose of draining surface water as shown on the aforesaid plats. The Grantor, and it successor in title to the land over which the said easement or right of way is B1;71�9FGI104 granted, shall have the right at all times to cross over and upon said right of way and use said easement or right of way, provided such use does not interfere with the construction and maintenance of the drainage easement, and further provided that no building or other structure shall be erected over said permanent easement. The Grantee, its officers, agents, servants, employees, successors and assigns, shall have the right to go on, over and upon said right of way for the purpose of reconstructing and maintaining the drainage easement and no other use of said right of way by the Grantor shall interfere with the use and enjoyment of said right of way by the Grantee. WITNESS the following signatures and seals: EASTERN FREDERICK DEVELOPMENT Co. j� By- J �-�Y� (SEAL) VIRGIZ T. BROWN, Pa to r, ya < (SEAL) GtORgE-W )GLA ZE, ',,partner •tGk /- SEAL ) BENJAMIN M. BTJTtER, IPartner STATE OF VIRGINIA, CITY OF WINCHESTER , TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that VIRGIL T. BROWN, GEORGE W. GLAIZE, JR. and BENJAMIN M. BUTLER, Partners of EASTERN FREDERICK DEVELOPMENT CO., whose names are signed to the foregoing Supplement to Deed of Easement, dated August 16, 1990, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 21st day of August, 1990. My Commission expires Septemb r 30, 1993 TARY PU C qF t� �• „P•;� Cam, � No'L @I47491 0�5 II 1- ho '� 2 Q _7 E F pen/. �958U�PY RpAO �- EASEMENT PLAT SHOGU/NG �EALTN SS�rYfGI�?7/Nr/EOEN � /TSyTEP�/PCEZTOE�'G.P�—EAl/.J/4VEA ✓C-�EDMUYErVNTTTY E!,�E/�L,iPPGA//VC/AE ���•� . BRUCE EOENSSCALE_ 50' DATE: 4M,5TZ/990 �op ..9 No. 1626 CGreenway Engineering & Surveying Co., Inc. -;y yfJ �o'Z.11;� ' 1104 Baker Lone* Winchester, Virginia 0 22601 • 703-662-4185 y+�SuitVf� H. Bruce Edens • President SHEET / of / ✓IRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was oduced to me on the day 19 = d w' i certifi e of acknow edgment thereto annexe as admitted to record. CLERK COMMONWEALTH of VIRGI IA RAY D. PETHTEL COMMISSIONER Board of Supervisors County of Frederick P. O. Box 601 Winchester, VA 22601 MEMBERS OF THE BOARD: DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. 23219 October 29, 1990 Secondary System Additions Frederick County As requested in your resolution dated August 8, 1990, the following additions to the Secondary System of Frederick County are hereby approved, effective October 29, 1990. ADDITIONS ASBURY TERRACE Route 1290 (Asbury Road) - From Route 659 to 0.16 mile North Route 659 Route 1291 (Asbury Court) - From Route 1290 to 0.12 mile North Route 1290 Sincerely, a D. Pethtel Commissioner LENGTH 0.16 Mi 0.12 Mi TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH of VIRC-jINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG,22824 COMMISSIONER (703) 984-4133 September 21, 1990 Mr. W. Wayne Miller, Subd. Admin. Dept. of Planning & Development 9 Court Square Post Office Box 601 Winchester, Virginia 22601 Dear Wayne: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Asbury Terrace Subdivision Section III Route 659 Frederick County This is to advise the addition assembly for the section of road listed in the resolution dated August 8, 1990 has been forwarded for processing. Sincerely, W. H. Bushman Resident Engineer Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf xc: Mr. F. E. Wymer Mr. Ben Butler Mr. E. R. Neff, Jr. TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH H ®f V IRCj INIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER July 2, 1990 Mr. George W. Glaize, Jr. Ref.: Asbury Terrace Subdivision C/O George W. Glaize, Jr., Inc. Section III 137 West Boscawen Street Route 659 Winchester, VA 22601 Frederick County Dear Mr. Glaize: This is to follow up on our conversation of June 26, 1990 and to confirm we have made a final inspection of the above referenced development. It appears all punchlist items as discussed with your contractor Mr. Sonny Neff have been addressed. Therefore, the following list of streets will be eligible for acceptance into the State's Secondary Road System and will be added pending a request by the Frederick County Board of Supervisors through resolution. Please be advised the streets are to be maintained in their present condition until addition. ASBURY ROAD (50' Right -of -Way) From Intersection with Route 659 To 832.12' or 0.16 mile north (Dead End) Length: 832.12' or 0.16 mile ASBURY COURT (50' Right -of -Way) From Intersection with Asbury Road To 621.61' or 0.12 mile Northwest (cul-de-sac) Length: 621.61' or 0.12 mile The total length of the proposed addition is 1,453.73' or 0.28 mile. Attached is a copy of information needed prior to acceptance of subdivision streets into the State Secondary Road System. A bond to guarantee workmanship and performance of material in the amount of $7,500.00 for a period of one (1) year from the date of acceptance will be required. Also enclosed for your use is a copy of an irrevocable letter of credit. If the addition date is October 1, 1990, as we discussed, the required maintenance fee will be $562.50. This should be in the form of a check made payable to the Virginia Department of Transportation. TRANSPnRTATI(1N FnR THE ?1ST CFNTI IRY Mr. George W. Glaize, Jr. July 2, 1990 Page Two Should you have any questions or need additional information , do not hesitate to call. Sincerely, William H. Bushman, P.E. Trans. Resident Engineer By: Robert B. Childress Hwy. Permit & Subdivision Specialist Senior RBC/sl Enclosures xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. R. W. Watkins Mr. Ben Butler E. R. Neff Excavating DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 22824 EDINBURG, RAY D. PETHTEL /� WILLiAPA H. SUSMMAN- (703) COMM984-4133 ISSION>rR ' RESIDENT ENGINEER. March 27, 1990 Mr. Ron M.slowsky Ref: Asbury Terrace Subdivision C/O G. W. Clifford & Assoc. Inca Section II 200 North Cameron Street ou P.,O. Box 2104 Frederick County Winchester, Virginia 22601 Dear Ron: Upon review of the above referenced development's site plans dated May, 1988 please find our reconv endations on : the attached plans marked in red and as follows: 1. A typical section detail for widening Route 659 with curb and gutter at the street entrance should be shown. 2 The intersection radii- with Route "659 are to be increased to 40' and the existing embankment sloped to obtain minimum sight distance requirements as noted. 3. Standard EC-1Erosion Control Stone is to be installed at the outlet ends of Culverts Nos. 1 & 5. 4. The slot 'lengths of the proposed curb inlets are to be shown on the plans for clarity. 5. A Standard CD-2 Underdrain is to be added as noted. 6. Since the developer has elected to use Standard CG-6 Curb & Guttering within this section of the development a Standard CG-9D Entrance Gutter is recommended. 7. More detail including profiles and specifications will be required for the proposed utilities within the Route 659 right-of-way. 8. The enclosed standards DI-3B, EC-1, CG-6, CG-9D, CD-2 and _Mailbox Specifications are to be incorporated into the plan. Please revise and resubmit three (3) copies for further review. Should any . changes be deemed necessary, please design them to meet or exceed the above recocm�endations . TRANSPORTATION FOR THE 21 ST CENTURY Mr. H. Bruce Edens C/O Greenway Ehgr. & Survey Co. Millwood Pike Winchester, Virginia 22601 Dear Bruce: v t (703) 984-4133 ,Tune 6, 1988 Ref: Asbury Terrace Subd. Frederick County This is to acknowledge receipt of revised plans dated May 9, 1988 to the above referenced subdivision. The plans appear satisfactory per our request. Please advise the developer accordingly. Final pavement design will be determined by CBR Tests conducted by the Virginia Department of Transportation at the developer's expense. These tests will be required after the rough grading has been completed. A standard VDO►T stop sign will be required at the intersection with Route 659 as well as a permit for each proposed entrance. The materials used and method of construction shall apply to current observed VDOT Road and Bridge Specifications applicable during construction of this development. A preccnstruction conference held by VDOT with the attendance of the developer, engineer, contractor and various county agencies will be conducted prior to initiation of work. Our review and comments are general in nature; should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary System. We have enclosed a copy of minimum requirements and data for subdivision streets and private entrances prior to acceptance into the State's Secondary System. This will be the responsibility of the developer. Please provide him with copies of this information. Should you have any questions regarding this development, please do not hesitate to contact me. Sincerely, C. William Lam, Hwy. Permits & Subd. Spec. Senior For: W. H. Bushman, Resident Engineer CWL/rh Enclosure xc: Mr. R. L. Moore Mr. C. E. Mattox Mr. Steve Gyurisin 6) �Ia ` COMMONWEALTH of VIRGINIA �6! 1 f g` 5`la\) DEPARTMENPT O BOX 2 OF SSPORTATION RAY D. PET HTE EDINBURG. 22824 W. H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER April 22, 1988 Mr. H. Bruce Edens Ref: Asbury Terrace Subdivision C;O Greenway Engr. & Survey Co., Inc. Frederick County 1104 Baker Lane Winchester, Virginia 22601 Dear Bruce: We have reviewed the plans for the above referenced subdivision and are returning one (1) set of marked plans with our comments as follows. 1. Typical section appears satisfactory. 2. Special design drainage ditch proposed along Asbury Road should also be provided along Asbury Court as noted. 3. Approximate locations for Soil Stabilization Mat Standard EEC--3 are noted on the plans, however, should be adjusted as necessary during construction. 4. A twenty-four (24') feet drainage easement should be provided to the ;'ream where the new twenty-four (24') feet drainage easement is installed t.mder Route 659. 5. The existing eighteen (18") inch pipe at the intersection of Asbury Road and Route 659 :should either be extended cz• replaced due to the flare. Please resubmit four (4) copies of the revised plans for our final review and ar,I�rcx.*i . Should you have any questions regarding the aforementioned or if. I may be of further assistance, please do hesitate to call. Sincerely, W. H. B.shman Resident Engineer By: C. William Lam Hwy. Permits & S„t . Spec. Senicr n; IL/rh : tta.c.. ment Mx. R. L. Moore Mr. J. B. Diamond C. E. Mattox fi r. Steve Gyurisin TRANSPORTATION FOR THE 21 ST CENTURY AV I It Lj < COMMONWEALTH of ` IRCINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL (03) 703) R9 4-4 133 WILLIAM H. BUSHMAN. ,22824 COMMISSIONER RESIDENT ENGINEER. March 27, 1990 Mr. Ron Mislowsky Ref: Asbury Terrace Subdivision C/O G. W. Clifford & Assoc., Inc. Section II 200 North Cameron Street ou a 9—" P. O. Box 2104 Frederick County Winchester, Virginia 22601 Dear Ron: Upon review of the above referenced development's site plans dated May, 1988 please find our recommendations on the attached plans marked in red and as follows: 1. A typical section detail for widening Route 659 with curb and gutter at the street entrance should be shown. 2. The intersection radii with Route 659 are to be increased to 40' and the existing embankment sloped to obtain minimum sight distance requirements as noted. 3. Standard EC-i Erosion Control Stone is to be installed at the outlet ends of Culverts Nos. 1 & 5. 4. The slot lengths of the proposed curb inlets are to be shown on the plans for clarity. 5. A Standard CD-2 Underdrain is to be added as noted.' 6. Since the developer has elected to use Standard CG-6 Curb .& Guttering within this section of the `development`a Standard CG-9D Entrance Gutter is recommended. 7. More detail including profiles and specifications will be required for the proposed. utilities within the Route 659 right-of-way. 8. The enclosed standards DI-3B, EC-1, CG-6, CG-9D, CD-2 and Mailbox Specifications are to be incorporated into the plan. Please reviseand resubmit three (3) copies for further review. Should any changes' be deemed necessary, please design them to meet or exceed the above recam endations. TRANSPORTATION FOR THE 21 ST CENTURY r Mr. Ron Mislowsky 'March 27, 1990 Page #2 Should you have any questions concerning the above, do not hesitate to calla Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. F. E. Wymer Mr. R. W. Watkins Mr. H. Bruce Edens F A PATsa R. MCSs33 (1934-1967) BsxJesssx X.BUTLBR STBY'HEx 0.BUTLaH MIC8A8L L. BaYAx MCKEE AND BUTEE$ ATTORNEYS AT LAW 11 SOUrs CAMBRON STs$aT P. 0. Daswaa 2097 WINCRESTBR, V1RGn4ffA 22601-1297 FAX #703-722-3787 January 5, 1989 Kris Tierney, Deputy Director Frederick County Department of Planning and Development P. 0. Box 601 Winchester, Virginia 22601 Re: My File No. 6079 Eastern Frederick Development Co. Dear Kris: r ; AN 1989 IRS p��p p�,VEt�P�Ey� ODS 703 xa 662-3466 PLEB RNPLY TO: P. O. Daswaa 2o97 I am enclosing a Deed of Easement from Eastern Frederick Development Co. to the County of Frederick for the drainage way across Lot 68 and Lot 69, which was approved by the Virginia Department of Transportation. Very truly yours, and BUTLER BENJAMIN M. BUTLER BMB:dhc Enclosure e,�-ze,QJ COMMONWE TH OF VIRGINIA 1 1F�J�f.IC} FREDfIi�: ��?ti?i ;i1R DEED RECEIPT j TE: 13129/88 TIME: 11:37:46 ACCO URTs 169CLRGI00 98? 4 RECEIPT: 8E000157r CASHIER: LLL REG: B17 TYPE: DEEP PAYMENT: FULL BY PERS. CHECK INSTRUMENT . e&1s; N4 BOOS;: 702 PAGE: 192 RECORDED 12/29 83 4T 036 GRANTOR NAME EASTERN FREDERICK DEVELOPMENT GRANTEE NAME : THE CCUNT`r OF FREDERICK AND ADDRESS . RECEIVED OF : EASTERN FREDERICK DEVELOPMENT DESCRIPTION? is DEED 3F EASEMEIT : FREDERICK COUNTY 3 �Tl M61DERATION: .00 ASSUMPTIGN: AD VAN CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS I&GO MR TRANSFER FEES 1.00 TOTAL TENDERED 13.0 TOTAL AMOUNT PAID: !Lodi THAL CHANGE ANT . A0 .LE.h,k.. OF COURT; 6EJRGL B. WHITACRE DWS W86 is BMB : fmc 1 6079 11 e� THIS DEED OF EASEMENT made and dated this 22nd day of November, 1988, by and between EASTERN FREDERICK DEVELOPMENT CO., a Virginia Partnership, party of the first part, hereinafter called the Grantor, and THE,COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee, and COMMONWEALTH ABSTRACT CORPORATION, Trustee, party of the third part, and FIRST AMERICAN BANK OF VIRGINIA, party of the fourth part. WHEREAS, the Grantor is the owner of a certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, more particularly described and designated as Lots 68 and 69 on the plat of Asbury Terrace, Section Three, attached to the Deed of Dedication of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 692 at Page! 375; and, WHEREAS, said property is subject to a Deed of Trust dated September 16, 1988, of record in the aforesaid Clerk's Office in Deed Book 692 at Page 722, from the Grantors to Commonwealth Abstract Corporation, Trustee, to secure the party of the fourth part a certain indebtedness described therein; and, WHEREAS, the Grantee has requested an easement for a 20' permanent drainage easement as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated the 25 day of November, 1988, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey unto the Grantee, with general warranty of title, a permanent 20' drainage easement as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated the 25 day of November, 1988, attached hereto and by this reference made a part hereof as if set out in full. Said easement is granted for the purpose of draining surface water as shown on the aforesaid plat. The Grantor and its successors in title to the land over which the said easement or right of way is granted shall have the right at all times to cross over and upon said right of way and to use said easement or right of way, provided such use does not interfere with the construction and maintenance of the drainage easement, and further provided that no building or other structure shall be erected over said permanent easement. The Grantee, its officers, agents, servants, and employees, successors and assigns, shall have the right to go on, over and upon said right of way for the purpose of reconstructing and maintaining the drainage easement, and no other use of said right of way by the Grantor shall interfere with the use and enjoyment of said right of way by the Grantee. The Trustee and Beneficiary, holder and owner of the obligation secured by the deed of trust dated the 16 day of September, 1988, of record in the aforesaid Clerk's Office in Deed Book 692 at Page 722, join herein for the purpose of giving their consent to the conveyance herein so that such acts shall not be construed as a default as provided in said deed of trust, and the granting of such easement shall not release the 2 lien of the aforesaid deed of trust in any manner. WITNESS the following signatures and seals: EASTERN FREDERICK DEVELOPMENT CO. BY `�. �kj. ( SEAL ) VIRCAL T. BROWN, Partner _( SEAL ) B NJAMIN M.'BUTLER, Partner COMMONWEALTH ABSTRACT CORPORATION 0 BY ,` S (SEAL) FIRST AMERICAN BANK OF VIRGINIA BY (SEAL) STATE OF VIRGINIA, City OF Winchester , TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that VIRGIL T. BROWN, GEORGE W. GLAIZE, JR., and BENJAMIN M. BUTLER, whose names are signed to the foregoing Deed of a. Easement, dated the 22nd day of November, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 29th day of December , 1988. My commission expires Au ust A, 1989 114 T RY LI 3 STATE OF VIRGINIA, f OF TO -WIT: I, a Notary Public in and If for the State d jurisdiction aforesaid, do hereby certify '-y r that who is /,�C of COMMONWEA H ABSTRACT CORPORATION, Trustee, whose name is signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this S-41 day of itJ 1988. My commission expires e—A t z& - NOTAR UBLIC STATE OF VIRGINIA, County I OF Frederick , TO -WIT: I, Regina L. Baldwin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J. Andrew Hershey who is Vice President of FIRST AMERICAN BANK OF VIRGINIA, whose name is signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1st day of December , 1988. My commission expires June 29, 1992 of off., NOTARY PUBLIC on n •~•./?•" C> Q ery �� '-, yam'•. d �- BK702PG196 z 0 v 7067 z -- r 1 c V y' N •� �\ 3 � cam_ - � �� QN o_�(y - 6 . -9 0 cow----- O.P IA/46 E 674SCA-fC.c/7- LOTS < �o-8-lWG9 SECT/OA/ 7NZIZ6'E" Asa &IR y 7'E.,2,e A C 6- SCALE: /" = 50 DATE: .c/OYCMBE,e 25, /988 GREENWAY ENGINEERING AND SURVEYING CO., INC. M04F B.4,e6,C 64A/C WWCHESTER, VIRGINIA 22601 -0 TELEPHONE 662-4186 IIRGIMA rRFDC..RWK oQuNIY, 9f:T. This Insfru of wrMrg was produoeri to oK wi r.•N,L day of to at..__ } _ and wlUr certlfi aln ,x arknnwle-:pnnrnt ttw-to arna.ed was advaj,,d ` re8ard. { O��EALTN 0,�`f o�1. aCE d , u !� CERTIFICATE No. ,l► 54.17.3 (e)965 �� 5417 3 (b)162 b LANU 9U I SHEET / of / A'` .. i•V COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 April 12, 1989 Mr. Benjamin M. Butler C/O McKee & Butler 11 S. Cameron St. P. O. Drawer 2097 Winchester, VA 22601-1297 Dear Ben: .-�-+•sue (f�l� Cc N []�7 1989 d _.--- WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Asbury Terrace Section III Frederick County The installation of a storm sewer which is not in accordance with approved plans has been brought to my attention. In particular, a DI-1 and a 100' length of 24" CMP on the backside of Lot 77. In discussions with Mr. Sonny Neff of E. R. Neff Excavating, he informed me he was contracted by you to install the DI-1 and 100' length of CAP. He also provided me with the enclosed sketch, detailing what was already in place and what was proposed by you. During a field review, I found this sketch does not correspond with what is actually installed. 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 in place at this location for review. I would also like to remind you of the relocated easement across Lots 68 & 69 and that no structures can be built on this easement. Should you have any questions, please call. RBC/rh Enclosures xc: Mr. R. W. Watkins Mr. Sonny Neff Sincerely, W. H. Bushman gResident Engineer En o k�� By: Robert B. Childress Hwy. Permits & Suhd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY S TUL 7-Z LAND /tCL STVKt>AZDS /V%IkfZ� 3 If 38 "" E P2of.osEb OX-1 RvP cL - 106.O .LNV•r—#- loo.l 1',uu, ovr. io0.0 1 � y I R � N — 1 w,r SEA il 1 Dv,cw>w� /trt� �f �►i�� 6lL � , ! Z. Lt90 / �� Wigv.�}�.vt, tcc A 6W - V� • i •a �� 3 f � �A� �XI STNG any-7 • � � ~�r1� i�4 �o Wu� •. y n�- / 7Z9 z. ¢z " • , _ -- _. _ • v • •• G t� Co rt, fV r rD C. f1 �� ra b L a �1 Ca � 0 �f k r U i i �n n rV tp %oP �L-106O�J �AM N `k rFiv c ate i-tj .44 f 1 C' n 1 r� s 57- f vv t,.T 7 �T c• � r�i G 41 M No, VIRGINIA DEPARTMENT OF TRANSPORTAT10N INTRA—DEPARTMENTAL MEMORANDUI0I TO . Mr. F. L. Lovegrove FROM W. H. Bushman SUBJECT Route Deed and Plat Review Edinburg Virginia December 14 19 88 Proj. Ref.: Asbury Terrace Section III Frederick County Attached are copies of letters, a deed of easement, and a plat to the above reference development. Please review and advise if the format is acceptable. C. William Lam, Jr. Hwy. Permits & Subdivision Specialist Senior For: J. B. Kessler Assistant Resident Engineer CWL/sl attach. xc: Mr. Kris C. Tierney COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 8, 1988 Mr. C. William Lam, Jr Virginia Department of Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 RE: Deed and Plat for Asbury Terrace, Section III Dear Mr. Lam: Enclosed is a copy of the Deed of Easement and Plat for Asbury Terrace, Section III. Please let us know if the format is acceptable to the Transportation Department. If you have any questions, please do not hesitate to call me. Sincerely, Kris C. Tierney Zoning Administrator KCT/rsa Enclosure RECEIVE[)., EDttKV' DEC 9 1958 ❑ G�y� L' 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 PETER R. MCgEE (1934-1967) BENJAMIN M.BUTLEa STEPHEN 0. BUTLER M1CaAEL L. BaYAN McKEE AND BUTLER ATTORNEYS AT LAW 11 SOUTH CA3MjzON STREET P. O. DRAWEa 2097 `INCHESTER,VIROINIA 22601-1297 December 2, 1988 Mr. Kris Tierney Frederick County Planning Department 9 Court Square Winchester, Virginia 22601 Re: Asbury Terrace Eastern Frederick Development Company My File No. 6079 Dear Kris: AREA CODE 703 TELBPHoNE 662-3486 PLEASE REPLY TO: P. O. DRAWER 2097 FAX 703-722-3787 In the development of Asbury Terrace, Section Three, it was decided that the configuration as originally planned by H. Bruce Edens for drainage along the boundary of Lots 68 and 69 was not a practical solution to the drainage easement. Chuck Maddox of G. W. Clifford and Associates was engaged to develop a better drainage right of way, and the same was approved by the Virginia Department of Transportation. I enclose herewith a copy of the.proposed Deed of Easement which would be granted to Frederick County and which would subsequently inure to the Department of Transportation once Asbury Court comes into the Virginia secondary highway system. Should you have any questions on any of the above, please call. Very truly yours, McKEE and BUTLER BG�- BJAMIN M. UTLER BMB: fmcl �2 s Ill Enclosure pU c? cc: George W. Glaize, Jr. Q, t Cal C�Ai;p 8l1lLDIN6 c �' r,• BMB : f me 1 6079 THIS DEED OF EASEMENT made and dated this 22nd day of November, 1988, by and between EASTERN FREDERICK DEVELOPMENT CO., a Virginia Partnership, party of the first part, hereinafter called the Grantor, and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee, and COMMONWEALTH ABSTRACT CORPORATION, Trustee, party of the third part, and FIRST AMERICAN BANK OF VIRGINIA, party of the fourth part. WHEREAS, the Grantor is the owner of a certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, more particularly described and designated as Lots 68 and 69 on the plat of Asbury Terrace, Section Three, attached to the Deed of Dedication of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 692 at Page 375; and, WHEREAS, said property is subject to a Deed of Trust dated September 16, 1988, of record in the aforesaid Clerk's Office in Deed Book 692 at Page 722, from the Grantors to Commonwealth Abstract Corporation, Trustee, to secure the party of the fourth part a certain indebtedness described therein; and, WHEREAS, the Grantee has requested an easement for a 20' permanent drainage easement as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated the 25 day of November, 1988, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey unto the Grantee, with general warranty of title, a permanent 20' drainage easement as shown on the plat of survey drawn by H. Bruce Edens, C.L.S., dated the 25 day of November, 1988, attached hereto and by this reference made a part hereof as if set out in full. Said easement is granted for the purpose of draining surface water as shown on the aforesaid plat. The Grantor and its successors in title to the land over which the said easement or right of way is granted shall have the right at all times to cross over and upon said right of way and to use said easement or right of way, provided such use does not interfere with the construction and maintenance of the drainage easement, and further provided that no building or other structure shall be erected over said permanent easement. The Grantee, its officers, agents, servants, and employees, successors and assigns, shall have the right to go on, over and upon said right of way for the purpose of reconstructing and maintaining the drainage easement, and no other use of said right of way by the Grantor shall interfere with the use and enjoyment of said right of way by the Grantee. The Trustee and Beneficiary, holder and owner of the obligation secured by the deed of trust dated the 16 day of September, 1988, of record in the aforesaid Clerk's Office in Deed Book 692 at Page 722, join herein Eor the purpose of giving their consent to the conveyance herein so that such acts shall not be construed as a default as provided in said deed of trust, and the granting of such easement shall not release the E lien of the aforesaid deed of trust in any manner. WITNESS the following signatures and seals: EASTERN FREDERICK DEVELOPMENT CO. BY (SEAL) VIRGIL T. BROWN, Partner BY (SEAL) GEORGE W. GLAIZE, JR., Partner BY (SEAL) BENJAMIN M. BUTLER, Partner COMMONWEALTH ABSTRACT CORPORATION BY (SEAL) FIRST AMERICAN BANK OF VIRGINIA BY (SEAL) STATE OF VIRGINIA, OF , TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that VIRGIL T. BROWN, GEORGE W. GLAIZE, JR., and BENJAMIN M. BUTLER, whose names are signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. My commission expires' NOTARY PUBLIC 3 STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , who is of COMMONWEALTH ABSTRACT CORPORATION, Trustee, whose name is signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1988. My commission expires NOTARY PUBLIC STATE OF VIRGINIA, OF TO -WIT: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that -- - who is of FIRST AMERICAN BANK OF VIRGINIA, whose name is signed to the foregoing Deed of Easement, dated the 22nd day of November, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 1988.- My commission expires 4 NOTARY PUBLIC Z 0 v 70 z ljs7Z'/6'ZZ"6- - /0z69'1 67 � 1 � s6�o3O . 96 � O 111 �QZI LP /0 -Z sO " eljv Q,e�/iC/.9G E EASE�ti1E.VT L OTS 68 i 69 SEC 7'"/O/t./ 7ZI 6-C Asa &IR y rE,e Z A C E S/-lAW.UEE O/ST2/C7r-F�EDE2/C,e COU�(/TY, l�/,CMG/ti//A SCALE : / ' = 50 CAFE = X10J"C",5Ce Z5, /988 GREENWAY ENGINEERING AND SURVEYING CO., INC. //04 ,QA,eex 64.V6' WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 ufl IUCE WN-S CERTIFICATE No. �1 54.17.3 (a)965 17.3 (b)162 c dU LAND yv\ SHEET / of / ®r) Z l COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 December 19, 1988 Mr. Kris C. Tierney C/O Departments of Planning & Building Post Office Box 601 Winchester, Virginia 22601 Dear Kris: G !' U Ut: L WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Asbury Terrace Section III Frederick County This is to advise the Deed of Easement and plat submitted with your letter dated December 8, 1988 for the above referenced subdivision has been reviewed and is acceptable. I trust the Deed is acceptable to the Frederick County Board of Supervisors since the Easement is being conveyed to them. For your information, my office has not received revised plans to incorporate revisions by my letter to Mr. Ron Mislowsky dated November 16, 1988, copy attached. Should you have any questions, please do not hesitate to call. Sincerely, �..�,-� 18. c=oL---� Robert B. Childress Hwy. Permits & Subd. Spec. Senior For: J. B. Kessler Assistant Resident Engineer CWL/rh Attachments xc: Mr. F. L. Lovegrove Mr. J. C. Heatwole Mr. Ben Butler Mr. George Glaize Perry Engineering Company, Inc. TRANSPORTATION FOR THE 21 ST CENTURY (703) 984-4133 ectob rr 16, 1988 Mr. Ron Mislowsky Ref: Revised Storm Sewer Design C/O G. W. Clifford & Assoc., Inca Asbury Terrace, Section III 20 South Cameron Street Frederick County Post Office Box 2104 Winchester, Virginia 22601 Dear Ron: This is to advise we have reviewed your proposed revised storm sewer design for the area east of Asbury Court. We offer the following comments. 1. Two (2) drop inlets are to be Standard DI-7 Type in lieu of DI-5 and DI-1 Inlets. 2. If the 24" pipe is installed within the drainage swell as proposed, a 20' drainage easement will be required to enclose the pipe as noted on the attached portion of plan marked in green. 3. If the developer chooses No. 2, be sure he is...made aware housing construction will not be permitted within the easement. 4. We prefer keeping the storm sewer closer to the road by using a manhole for breaking point within the presently proposed drainage easement as noted on the attached portion of plan marked in red. Should you have any questions or comments, please advise. Sincerely, C. William Lam Hwy. Permits & Subd. Spec. Senior For: J. B. Kessler Assistant Resident Engineer CWL/rh Attach. xc: Mr. J. C. Heatwole Mr. Ben Butler Mr. George Glaize Perry Engineering Co., Inc. V ~ __. --- - -- - -- - --�� �!� /) �• � it _ _ _- _� � - ! ---• _= q •`if � � Qi vy �%' � o•a ' : %� �'--�:a i,% °' /ly✓/ • p � _ <--•.i , q • � : G � ,� •.` -r� , � �� ®r�r � a a• 1 { %; �-•.mow ,,',•� /, ' ��,a�"�••' 1 ••ono• ��Q�• • `• ,,��?r'`� �'�r /F� r� ,�� /,/�� • � �� ram; � 1� Ir `� f � � ` LL/ � • `_- _ k:' . r. 1 Fes'/. j 1 C `^T; _� �•�, � O \ ,� �jr �-� 7 � l�"' ;'vim" 0 1" }_ , Cji 1' � ��\�!���_. __ �-' cJ��� :�. �' tom/ t• 4 � L'-B �Ij hi r �, PETER R. McKEE (1934-1967) BENJAMTN M.BUTLER STEPHEN O. BUTLER MICHAEL L. BRYAN MCKEE AND BUTLER. ATTORNEYS AT LAW 11 .SOUTH CAMERON STREET P. 0. DRAwE$ 2097 WnvCHESTEB, VIRoiN7A 22601-1297 December 2, 1988 Mr. Kris Tierney Frederick County Planning Department 9 Court Square Winchester, Virginia 22601 Re: Asbury Terrace Eastern Frederick Development Company My File No. 6079 Dear Kris: AREA CODE 703 TELEPHONE 662-3486 PLEASE REPLY TO: P. O. DRAWER 2097 FAX 703-722-3787 In the development of Asbury Terrace, Section Three, it was decided that the configuration as originally planned by H. Bruce Edens for drainage along the boundary of Lots 68 and 69 was not a practical solution to the drainage easement. Chuck Maddox of G. W. Clifford and Associates was engaged to develop a better drainage right of way, and the same was approved by the Virginia Department of Transportation. I enclose herewith a copy of the,proposed Deed of Easement which would be granted to Frederick County and which would subsequently inure to the Department of Transportation once Asbury Court comes into the Virginia secondary highway system. Should you have any questions on any of the above, please call. Very truly yours, McKEE and BUTLER !�- B JAMIN M. UTLER BMB:fmcl Enclosure cc: George W. Glaize, Jr. PETER H. 1URFE (1934 -1967) BENJAMIN M•BUTLEa STEPHEN G.BUTLER MiCEAEL L. $aYAN McKEE .AND BUTIX-U ATT08NEYS AT LAW 11 SOUTH CAME]RON .STREET P. 0. D]RA.WEa 2097 WixcHRsTE8,VIRoiNIA 22601-1297 September 8, 1988 Mr. Stephen M. Gyurisin Deputy Director Frederick County Departments of Planning and Building Post Office Box 601 Winchester, VA 22601 Re: Eastern Frederick Development Company Asbury Terrace, Section Three My File No. 6079 Dear Steve: Amu CODE 703 TELEP1iONE 662 - 3486 PLEASE ]REPLY TO: P. O. DaAwsa 2097 Please find enclosed a copy of the Deed of Dedication for your review. I am also enclosing herewith a copy of the application and certificate for payment which indicates that to date, payment of $56,231.45 has been made against the contract, as well as a payment of $44,243.50; consequently, request is made that the bond which Frederick County would accept be in the amount of $206,596.00, which will allow for the credits against the work. At this point in time, the on -site sewer lines and water lines have been laid, and the roads have been roughed in. Very truly yours, McKEE and BUTLER JNJAMIN M. BUTLER BMB:fmcl PETER S. MCBEE (1934-1967) BENJAMIN M. BUTLER STEPHEN G. BUTLRR MICBAEL L. BRYAN MCKEE AND BIJTLE$ ATTORNEYS AT LAW 11 SOUTH CAMERON STREET P. 0. DRAWRR 2097 Wnvc=sTER, VrnoiwrA 22601-1297 August 22, 1988 Mr. Stephen M. Gyurisin Deputy Director Frederick County Departments of Planning and Building Post Office Box 601 Winchester, Virginia 22601 Re: Eastern Frederick Development Company My File No. 6079 Dear Steve: AREA CODE 703 TELEPHONE 662-3486 PLEASE REPLY TO: P. O. DRAWER 2097 I am enclosing a copy of the Deed of Easement dated July 26, 1988, of record in Deed Book 689 at Page 565, which will facilitate the intended subdivision known as Asbury Terrace, Section 3. I have forwarded the Deed of Easement for water and sewer mains to the Frederick County Sanitation Authority for their use. Very truly yours, M EE and BUTLER ENJAMIN M. BUTLER BMB: fmcl Enclosure ��°� cc: George W. Glaize, Jr. Virgil T . Brown c4 A�%I988 l AND p�anlr. /1:�Il - - i'^ P .'NU ce, Frjer, s , �✓es . �Ioq ?-- Lone- W 1- 4cl7es- ey- kaz — Z1I85 ASBURY TERRACE, SECTIONS 1, 2, 3 SUBDIVISION Shawnee Dist.