Loading...
HomeMy WebLinkAboutAsbury Terrace Section II - BackfileRIC-6 C,� � Y-(4 15 G' tr-keU 6 P�,,,< -t(7 DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 May 12, 1999 Dave Holliday Dave Holliday Construction, Inc. P. O. Box 2715 Winchester, VA 22604 Dear Mr. Holliday: Ref: Asbury Terrace Section II Route 659 Frederick County JERRY A. COPP RESIDENT ENGINEER TELE (540) 984 5600 FAX (540) 9845607 On May 7, 1999, VDOT performed a walk through inspection at the referenced development. The following items found will need to be addressed prior to acceptance of this development into the secondary system. Providence Drive: • silt and debris removed from all drop inlets • Lot # 37, replace cracked curb and gutter • Lot # 45, replace settled curb and gutter • Lot # 45, replace cracked entrance • Lot # 45, inlet to drop inlet cracked • Lot # 45, replace cracked curb and gutter at drop inlet on South end Route 659: • Ditch needs to be defined between development entrance and Route 1290. Please advise when all items have been addressed for a follow-up inspection and pursuant to that we can begin the addition process. /ep pc: Mr. Steve Melnikoff Mr. Jerry King Mr. Kris Tierney Mr. Eric Lawerence Mr. Bob Hawkins Since1ely, io Dave A. Heironimus Highway Permit and Subdivision Specialist, Sr. RECEIVED MAY 14 1999 WE KEEP VIRGINIA MOVING DEPT, OF PLANNING/DEVELOPMENT COMMON FALTH OF VIRGINIA 1A 1A a n R OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT s DATE: OG126198 TIME: 4:46:19 ACCOUNT: 069CLR980009216 RECEIPT: 9800001343 CASHIER: VHB RES: WNi 7 TYPE: DOD PAYMENT: FULL PAYMENT INSIRUMENT : 980009216 BOOK: 913 PAGE: 13i4 RECORDED: OW6198 AT 14:4c $ GRANTOR: TOM HOUSE RESTAURANT INC EX: N LOC: co GRANTEE: COUNTY OF F'EDERICK VIRGINIA EX: N fiCT: 1QO, AND ADDRESS : NONE RECEIVED OF : TORNHOUISE RESTAURANT s CHECK : $41.00 DESCRIPTION 1: ST DIET 2: CONSIDERATION: .0 ASSUME/VAL: .00 NAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 37.00 145 VSLF i.00 106 TECHNOLOGY FUND FEE 3.00 TENDERED 41.00 AMOUNT PAID: 41.00 CHANGE AMT oa1e (zee) CLERK OF COURT: REBECCA F. HOGAN BK9I3PG1314 fh THIS DEED OF DEDICATION made and dated thin, day of 1998, by and between TOWN HOUSE RESTAURANT, INC.,a Virginia Co oration, 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, dated March 9, 1998, known as Asbury Terrace Section Two, described on the Final Master Development Plan of Asbury Terrace, Section Two, 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 a common areas shown as Common Area and further shown certain as public streets known as Providence Drive and Woodbury Circle which are hereby dedicated to the public; WHEREAS, the Declarant now wishes to subdivide the same into lots known as Asbury Terrace, Section Two. 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 Two, lying and being situate in Stonewall BK9I3PG1315 Magisterial District, Frederick County, Virginia, and dedicates to the County of Frederick those certain streets known as Providence Drive and Woodbury Circle, together with all drainage easements and more particularly described by the aforesaid plat of Greenway Engineering, dated March 9, 1998, 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 the same real estate conveyed to TOWN HOUSE RESTAURANT, INC. by deed dated June 15, 1998, which is of record in the aforesaid Clerk's Office in Deed Book 907, at Page 733. All of the lots shown on the plat attached hereto shall be subject to the following restriction, 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. ARTICLE I DEFINITIONS SECTION 1: "Association" shall mean and refer to, Asbury Terrace Section Two 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 PAGE 2 BK s 13 FG 1316 described as the Common Area and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 3: "Lot" shall mean and refer to any of the lots designated upon the plat of Asbury Terrace, Section Two, 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 TOWN HOUSE RESTAURANT, INC., a Virginia Corporation. ARTICLE II MEMBERSHIP 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. PAGE 3 BK9I3PG1317 ARTICLE III 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. The affairs of the Association shall be managed by a Board of not less than three (3), but not more than five (5), directors, who need not, but may be members of the Association. The :initial Board of Directors need not be members and 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. ARTICLE 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 PAGE 4 8K9I3PG1318 the attached plat and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provision: (A) The right 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 an 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 members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE V 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 therefore, whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to 17Ie1_�� Bk9130G1319 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 shall be a charge on the land and shall be continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, 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, 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 $40.00 per year per lot; (A) From and after January 1 of the year immediately following the PAGE 6 BK9I3PG1320 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. (B) After consideration of current maintenance costs and future needs of' the Association, the initial Board of Directors may fix the maximum annual assessments amount and thereafter the Board of Directors shall so fix the annual assessment. SECTION 4: Uniform Rate of Assessment: Annual Assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. SECTION 5: Quorum for any Action Authority Under Section 3: At the first meeting called, as provided in Section 3 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 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 6: Date of Commencement of Annual Assessments; Due Date: The annual PAGE 7 BK9I3PG1321 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 7: 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 assessment provided for herein by non-use of the Common Area or abandonment of his Lot. PAGE 8 BK913PG 1322 SECTION 8: 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 9: Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (1) the Common Area, or (2) 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 10: Failure to Maintain Common Area: In the event that the Association, or its successors, shall fail to maintain the Common Area 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 the reference made a part hereof as if set out in full. ARTICLE VI USE, RESTRICTIONS AND COVENANTS PAGE 9 BK913PG1323 This subdivision shall be subject to the restrictions as are from time to time placed of record by Declarant, or its successor in title, which are constituted covenants real to run with the land. The restrictions are set forth on Exhibit A hereto attached and by this reference made a part thereof. ARTICLE 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 easements(s), water line easements(s) and drainage easement(s), as shown on the plat drawn by Greenway Engineering, dated March 9, 1998, 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 Easements: 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 PAGE 10 BK9IVG1324 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); the duty to maintain the easement(s) shall at all times be the responsibility of the Lot owners over which the easement(s) run. 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 which are now 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. ARTICLE VIII GENERAL PROVISIONS SECTION 1: Enforcement: The Association, its successors or assigns, or any Owner, PAGE 11 BK9I3PG1325 shall nave 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 j' 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 and instrument signed by not less than seventy-five percent (75%) of the Lot Owners, and thereafter by and instrument signed by not less than sixty percent (60%) 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 PAGE 12 BK9I3PG1326 i 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 Two. In the i 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 I i the free consent and in accordance with the desire of the undersigned Declarant and is in conformity with the provision of "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. r The County of Frederick, by its duly authorized agents, evidences its acceptance of i i this Deed of Dedication by its signatures on the attached plats. ij WITNESS the following signatures and seals: TOWN HOUSE RESTA :::'cif PAGE 13 BIB 9 13 ?G I j 21 STATE OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: LOW Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that David B. Holliday, President, of TOWN HOUSE RESTAURANT, INC., a Virginia Corporation, whose name is signed to the foregoing Deed of Dedication dated thiday of 1998, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this a�day of , 1998. My Commission Expires: 3 _ �. ,i I NOT Y LIC 6079(ASBURY -TWO) - c:\office\wpwin\client\cast[red.dev\dedicat.ded - jmw i PAGE 14 i I II BX9I3PG1328 rI41-M- RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants 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. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one singe -family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. Notwithstanding the foregoing, Town House Restaurant, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Town House Restaurant, Inc. or its successors in interest. 2. No clothing, laundry, or wash shall be aired or dried at any time in any area other than in the rear yard of the lots. 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided elsewhere herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on BK913PG1329 days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencements of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition for longer than three months. 8. No lot shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Town House Restaurant, Inc., however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats and to alter, amend and change any lines or subdivision plan so long as it owns any of the lots. 9. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight lines for vehicular traffic. Fencing of back yards may include side yards to limit of one-half the depth of each dwelling only. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. 10. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. Notwithstanding the foregoing, Town House Restaurant, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Town House Restaurant, Inc. or its successors in interest. 11. The provisions of Paragraphs 4, 7, and 9 shall not apply to the construction or development of improvements on any lot by Town House Restaurant, Inc. or its successors in interest, commencing within two years from the date of submission of the lot to these restrictive covenants. 12. Any lease or rental agreement must be for a period of at least thirty days and must be BK9 13PG 1330 subject to the rules and regulations set forth in these restrictive covenants. 13. All lots are required to observe building restriction lines, industrial setbacks, and buffers, as indicated on the plats and/or the legends of the applicable Frederick County ordinances. 14. Town House Restaurant, Inc. reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as to the sale or transfer of any future lot or lots except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Town House Restaurant, Inc. does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition shall not affect the finding effect of these provisions upon any other lots. 15. Any owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any owner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 16. No exterior antennas or satellite dishes shall be erected or placed on any lot or attached to any dwelling. 17. Invalidation of any one of these covenants or restrictions by judgment, court order or government regulation shall in no way affect any other provisions, which shall remain in full force and effect. 6079(ASBURY -TWO)- c:\office\wpwin\client\cutfrecLdcv\dedicaLdej.jmw BK9I3PG1331 FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 9, 1998 I2TE. b(Po 12TE. &5V EC T E WGY7D5 M I L L P-0. 13U RN T 7- �A E FL Fr- �/ I L L E IF\ K- E 4:;) IPIONEER- HEI GHTS �• /15E5c.1 R'i MILL 'fiRRAG� R,gGE -( p ESTATE�i 657. JP F-TE. 6r VALLE`( a MILL /zp •.• � .... - - - VICINITY MAP LIST �17L 1" = 2000' OWNER'S 'CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION THE LAND OF TOWNHOUSE RESTAURANT, INC., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED 0 NERS, PROPRIETORS AND TRUSTEES, IF ANY. dw- ',/, - X V COMMONWEALTH OF VI N&Lx!lLc—k ` -Gi / COUNTY OF , TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS .ACKN WLEDGED BEFORE ME THIS -LM DAY OF 199—S BY Z-`-f , i0gz /.xExr-�- V NOTARY . PUBLIC : MY COMMISSION EXPIRES'4� 3 , i Ica �s•.,, at ��r SURVEYOR'S CERTIFICATE ,; .} . I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISI IS ALL JaF E LAND CONVEYED TO TOWNHOUSE RESTAURANT, INC. BY DEED DATED 5 �� 0f RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S IN DEE BOOK 4 7 AT PAGE MARK D. SMITH L.S. DOTE: MEENT TAX, EMCELIDENTIFICATION TOWNHOUSE RESTAURANT, INC. 55—((A))-181 ZONE RP CURRENT USE VACANT APPROV S' 5' S , TH EDERICK COUNTY SANITATIO AUTHORITY D— l - 7-S . VI GINIA D ENT OF NSPORTATION DATL MARK D, SMITH L No, 002009 F ERICK COUNTY SUBDIVISION ADMINISTRATOR DATE WINDY S�jF Engineers 151 HILL LANE WINCHESTER, .VA. 22602 Surveyors TELEPHONE: 540) 662-4185 Founded in 1971 FAX: (540'722--9528 SHEET 1 OF 7 BK91 ��uI ))c M ATG H To 1,H E E T 3' ®' 7 LOT -FS :3 I 4 -f NN ,y 'Y S I o S-7 -7 N I 2 5�,vo ao. F. I N z 0 \ M k-67W -2FT d' 41n' N ' �,,, N I Z.S. Oo N o,.Ng 34rP gZ IVY" W ' Iv cxaa S. F I I N p nl f✓ I Z.2 �,Z. � t �i� � I � � 4LU 7 " E 4 0 � ©155.F. �' . Z �_ _ 1z5. �' u: � Q # 0 l �1 � rt` NZ N Q� w (Z,-zip -P S.F. _ 7 O_ `� E (Aa33.cao' ZO�EN ( �11,Z&3 ei.F.WATePH � r F 5.0 'quo. � Y N So 2 AWAGENT owNE�s �R �>8=> O'o K4oN AP-e A "A" oNE SEGTtvN-i'HP-EE M. Si R.S. 67Z. FG. 376, �63 ZONE: RF ,USE : VACANT e>/20 B DU11.-DING izESTra-IG"ile.N L I N E S 510 FP4�tN► = 35' SIpE •- to P-C-.A F- Z 5' ' f y . mm FINAL SUBDIVISION PLA'T p SECTION Two ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH SCALE: 1" 50' DATE: NCH 9, 1998 No.002009 Engineers 151 HANDY HILL LANE O Surveyors WINCHESTER, VA. 2260; SUR TELEPHONE: (540) 562 4 85 Founded in 1971 FAX: (540) 72-2-9528 SHEET 2 OF 7 Bk9'13P 113`33 I L-42T 41 moo' AcG E 155 O FEAEM:ENT N 07-0b'+-7„ -- 0 cA sf.• � 0 �1221 � v \ui- a r 8 3 5 S. F p p I0 N 47,. E r 0 1.Z5- cav ` N u 8� i.�. � n I I M r - -.� I 01 _ t-- � 5 87 oF, �-7 Iry ko, ace 5. F. ©A N e r'c p +0 877 � +7 ' E W a qq � C I I �, 375 5. F. N � � $7- O6 +7 N , 0 \ _ i 4 � , r-�, ©I I lo, orx� . S: F • I 0 N LA 4 ` -, E th w 7 v �.i Zoe I l9r: F. ix, 8 v (Z9. ...— q rives _ QItA IMACG E S.F. l mf Q � - %o / I S, oM(�� 5 874' 06' 4-7 " W a ADJAceNT �� C�� � Lo► 3l i^ OkV N E CZ''�i OCOMMON AF LEA "C3 " 4SEcT(c�N D.E. Q►2�. PG. IZ.3 MATGi TOZONE : iR`-'fP' USE : f 4mH,EE Otg��= AP A �5ee 4HeE T &OF 7). FI NAL SU@I Sa ASBU F� "lON 7W0-.T TERRAE P•w ".�/\Y.4a7A/�.• SCALE: 1 = 5©' DAIS. :QR� 1NG . Engineers 151' WINDY H IF, L RE Surveyors WINCHESTER� VA.:226D2 TELEPHONE: (844 602-4185 �'o ct.d in f871 FAX: (544722-,9528 /W Iv MARK D. SMITH � No.002Coo9 7 Bid 9 l PG 1334 PIONEER HEIGHTS - SECTION ONE L AT P. B 74t. PG. Zoo 0 ► 0 9 zoN E : FR-P USc: FR-E5(DEN7IA(- :z r �2 � 07 Io7 L dT /Z I ob 1% � _ 22 �6. 3 / ? , 6 / F. ; I I 1 ISF E1 fo. cb N' a(j w ,9,z6,S.F. 9'3 / 6� w 11,7�5. F. N. �i 68'.Z� "�y 5o�pc pp l3 N I.R.F.-� Z M 47 z 7 "E 0 W F- r1 Q m aN INS N 8,4o�s.Lb F. ID INr 5 57"06' 47 " W o C MN Zo'AcGESS E.4yeMeNT m 5 0,7' ob' 47 „w r1 - UN M I Lb I a R' i r� T 4Z I 0 IJ 0> i I, o -T 3 5 0 Z �NN ?- Z 0 dN m MATH ' P 5H e 6 T 3 vF 7 �� m AwA,,,-ENT awNE!�-5 0 CG>MMG'*t Afm-eA " 15" SECTION ONE D.D. OZ4. PG.1235 ZONE: FLP Lle7e: VA CANT 6UIt.DING I2-e5lWGTIaN LINES PP29N T _ 35' 5 0 50 SIDE iv' REAR = ze" GRAPl SCr4.E FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE IEWALL MAGISTERIAL. DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MMCH 9, 1.998 , r --RMIWAY 1 Engineers 151 HANDY H(�.L LANE Surveyors WINCHES.TER, VA. '22602 Yor TELEPHONE: (540) 662-4185 MARK D SMITH No.002009 F*wW*d in 1971 FAX: 4 OF 7 BK9 ilPG4 36 L T be 40 / >-3� a 7 \0 !p 42• 9 S- t- p 5€4-TIP4 Two ►. 15c� Act2-E 5 co co Ick r '- /ham. N �N �w & J�jo 4t, h a p �' S E C T (o N 61 0 10 7 Wo Z N (� z �� e U) W QN AoJ'ACE N7 �- OWN E Rai f- I.frt�F j z Lu S� -- AP-eA A „ Q Fv- LA , S° 19EG.THFLEE Q ll1 �p �0 4 P. . 619 2. PG. 375 ZONE ' F-F ��/ U5E . ''VACANT -1 �` / OGOMMONAP•EA "6 1r1 ��' SEG7l�N aN E Z 3 ,,�.., ZONE: R=P U-se : .IAZ.A' MATWGH, To A 9 H L= Wr .dal• -7 t 1�A H� S"C�1LE FINAL SUBDIVISION PLAT SECTION TWO f ASBURY TERRACE ram. STONEWALL MAGISTERIAL DWPJCT, FRPEI 0 COUNTY, VIRGINIA MARK D. SMITH SCALE: 1" 50, DA1'ICll[A$CH 9, 1098 No.002oos Engineers WINCH STER -VA.. 22602 Surveyors TELEPHONE: /540) ;662--4185 Founded i 1971 FAX: (540 722-9528 SHEET 6 OF 7 8 ^3P6 13 31 �Ah iF'AG E '�.. , t • '1r.,�G� A GR-E 5 A FAA .Pe + L7mv. FOP- ST" e, T%1. 354 A G t"-,e 5 ,. Pi o RT`t' L 1T g.. CURVE PATA NtAIMR DELTA lue T-AM SENT GNO}�D 1O 6 Z' 4L?6,' 4? " . oo Z*7 fiO 15, Cb' `57 33* 5F6►' .3-7 " E Z 5.1' 0 1r�3.0 zan, 3�'' o k E 3. 'c�' "g'St''3b" W 78.5�{-' 030 53' 37" 153apa-4 vt ' *, 5. 3+' N -7.'7'Zb'+46" W fir-? (Z' '77' 50'4-5If .. .{;porgy' b7c$5i-' 40. 38' t+~1+41.048' 370vv &Z:83' 5O 117 '13" ZS.co' St 4E+" .51.' :56�d3'Z'9`"W 4Z.e4 O 7©0 'Z >*+4-'O� " W ZS. 87' O `t2'Q-71 O 48' l ' 3" Za5 `:I CIS' f t : t. Pam'St O 4��28'3 �•"`°'3 f8`. 04•'xp2v' Ia" E 4t:55' 5.1:"vq gc�oz' 12 47s" I I'v5 21.134' N � 34,04, Val `'Ifo oz.' 13 +7e I I 'v'S " p At7� t'!3` ZI . S+' M If;�o,ZZ, 51D W 40. oz' I ep 74` M Z40"45' Z t " E 35. 10' 15 4 p .l l' 73" ;Z5 cam' .b ''.: t l . I �` : N 7-1 o IZ'ZQ " E Zo, 9-t' IhVIVO' S1 ', -" " 3' ;7Es' l 8. 13'-!T545" 4W 1 B E -3+ C., 4:4 . l Fes' Zl . Sl"` �7 �t " 3S'C��{- n E. o Z ' 11, 05/; 50.c *q-t lPa'.. ?a. g 'S' �r3'Q2."w -t0.02' ., O3e21/.5.�►r T7SeGG'3�. Z3-"i� N'�IaE` z1, o f Z.>P 3 3:7 f� z,. 15. f�►I .. N 3 '`vow oT4.: ► t ►t ,ti lt` - , .� Rs �'�• .' Masa4C.eaf7i�1 s.�✓' `- U .a/.iC �tA6iif / '�1161Y `�+lY.l�'ri,! ' x�1 �'R�Rt'S BK913PG1338 IfIRGINa: FREDIE111=91MM S= This Instrument was�� duped g on th deva 1o.T1>. at 7. and with oertifloatf at.lolurowledomsnt thereto a nexed wai to FOG"To kUposed by 8SC. 18.1.e02 of i�and 5&1*M have been paid, if assessable. 1 Cie* U e FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 9, 1998 IZTE. 6,ho M7E. 651P ,a T E WOODS M I LL tZo. 13U RN T ? / FAGTofz'( 13ERF- ILL E FX4C� PION E E t2- HEIGHTS v v �\ MILL TERRACE PAGE -( p' �i Vk CA M DEr1 ES•TA T E V �.<1 Q� J� RTE. owvM657- VALLEY M I L L VICINITY MAP . - _ L.15L G.! T 17 e 1" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION THE LAND OF TOWNHOUSE RESTAURANT, INC., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA —64W / COUNTY OF TO THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE. ME THIS / DAY OF MA-V 1 c.98 BY D4yc ) T' 6bett NOTARY PUBLIC MY COMMISSION EXPIRES M 4`1 31 , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISI N IS AID,. OF THE LAND CONVEYED TO TOWNHOUSE RESTAURANT, INC. BY DEED DATED /S / 9' 9 IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S F E IN DEED BOOKS Oj „RECORD AT PAGE MARK D. SMITH L.S. NOTE: PARENT LDENTIFICATION TOWNHOUSE RESTAURANT, INC. 55-((A))-181 ZONE : RP CURRENT USE : VACANT APPRO A : /o % 5�9ig FREDERICK COUNTY SANITAT N AUTHORITY DATE ' =74,5 V GINIA ENT.4 TRANSPORTATION DATE 0218� U MARK D, SMITH N0,002009 F IC SUBDIVISION ADMINISTRATOR _ _ C - _ .. DATE ..__ E 3� RM 151 WINDY HILL, LANE Engineers WINCHESTER, VA. 22602 Surveyors �' TELEPHONE: (540) 662-4185 Faue�dsd ir+ text FAX: (540) 722-952811 MET 1 OF 7 I. V IAATGH To lHEET 3 vF 7 � I LoT �5 4 _ L-o 7 32. Nt F U rV �A`6s Yam, �°' N 07"0'"�_7''EF ( s LvT � ' �, (a s, o oo �o I d- � � S � ! � tom, �7 S.F. r2 I p .1 09 Qw N _ IZS. oo' N N N W w off,'++ E oe � oIss.r=. ' c� Z 1 . C)c u �c I QI -W N _ °�Lw�,Wr-�'ao� N t` L I-Z,zo� S. F. J„ _�' E 0 (A = 3 3. OC'� \ � 1 z 5• oo o - IVA? ,4 \ E?' !I N &��� 5. Ds. w E,iM'T. t4l o soFH.uoY,. �w) f�GZJRGEN-T 0WNE�5 �R � ...� GvNt titvN A p A" AD" o N E D.5, 672. PG. 375 � 5�ab63 ZONE: P-p, U5E' VACANT/Za 48 DUI Lt7ING IzESTfzIG-!'coN L (N c 5 FPr,wr = 35' 51r->e = to' P-eAFL 25' FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FR . ICK COUNTY, VIRGINIA �j SCALE: 1" = 50, 1 DAT& MARCH 9, 1998 GiRE AIo-a 8 EI�lQIN I�IC Engineers 151 WINDY HILL LANE 9 WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 in 1971 FAX: (540) 722-9528 MARK D. SMITH No.002OO9 L.c�T 41 MA7GH To 'iMEET 4 e F �\ I � ZqAGG E 55 $� .� EA�iE NtENT \ � W $7' od_4 l-o`T 3b �W o i N e;- 7" 06''}--7 " E 1:�,�75-5.F. I W $ y 5. F 0 5 07"46 W z I I� �,3757rF +4 N - �� l m s 87 0� 47 5.F-. d� N IZ5.-c w N J D ci I n.575 5. F. 1 N m (V 111 -- N - m ro�NI��I� 5 8,7 06 47 u</ Q 1 � \\ 5ar�1ZS.or�� 0 IO,cxx�S.F• a N o IU h-I.g7�� 47 "E � 1 w 7 � �'� c1> 8 v �. rlvzLD y6 �6e -5 j/ I Q Ic>,«ao S.F. 5 57" rob' +-7 W I Q i ADJAGr_-NT owNEP'5, 8u1t.-plt4G OCaMM,9fJ A RE A "P:, " I P-E-STP-1 GTt oN L_ l t4E 5 yEG'TIoN C>NE FP-7N .T = 35, . PG . ! Vie ANT KA A Tc- H TO P. a -P SO. H E E T Z or 7 i�ia. t G&Mt- AN Ap-EA50 SEGTIo N 7WO SEE 4Hee T 6017) CH1 S�` IFi FINAL SUBDIVISION PLAT SECTION Tv_0.-- ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY,. VIRGINIA MARK D. SMITH' No.002009 '�> j `� � SCALE: 1" = 50' . DATE: MARCH 9, 1998 C3RE= AAIAY EHQtNEERlI�Q Engineers 151 WINDY HILL LANE 9 , O WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 Founded in.1991 FAX: (540) 722-9528 SHEET 3 OF 7 PIONEER HEIGHTS - SEGTtoN ONE 00 P. L3 744. PG. Zoo I o 8 Zotil E : R-P USE: FLES(DENTlAL. z LPT 7 �� �0 /L 0 00, g o 0 -FA5EMeNIT - tiR ►� 63S�i.F.C-D-5i.F. Ii ti lead N� a(I w tz I O Wi` 3 / t- ZC� S F . ^� - z ¢� > � I ►� S. ,-�F. V �- o L _ i3 N I.R.R.-A Z z m uj 113 itl 0 tvt. Ib y v " I¢ Ir -N Nz z l r a,cl�n 15F. 4 Lb S 87 `ob ' +7 " W 1 � �. �� 1 eL ON 9\ -- - N ri EL zo'AcGEss EA,96MEt4T it K) 5 a7o 0& -4-7 "W $ �©' eNt �07 35 Z 4Ji. 0 � d N L1.Z oFLO MATCH To 5H E e T 5 vF 7 � A tXJAGEN T O W N EIa-S G©K4M4:5aN AP -EA " B „ �EGTLoN ONE D.t3. 82�¢, PG. t235 ZONE : RP caSE: VACANT 5U IL. CW4G. RES"TtziGTloN LINES rPs�'N T It 35'��-- S0 tDE = 1' --, .- 7�� REAM = Z5 ` GRAPHIC SC49 FINAL SUBDIVISION PLAT " o SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH SCALE: 1" = 50' DATE: MARCH 9, 1998 No.002009 QREEMAIAY R Engineers 151 WINDY HILL LANE WIS�tn`;o 9 NCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 Foundod in 1971 FAX: (540) 722-9528 SHEET_ __ 4 OF 7 iA MATCH TO 19HF-eT 61 OF 7 0 L-07 It � U. �A lu 00 ku /�/-- U) 1 / 10 i1r / 11-19, -t7 00 411 ic,,, V76 5. F q 0 N o� . 6 Ste./ � N � U Aj Z co 17LoT 45 t 0 S, e7- F. f0 (Av- AV 0 jA ol r L \ �p,zs� sF 0 i9 �`, lu, V11 � lo, ��S F � ;-� r 2 I /4uyl 'z � {'S®o� s8 N /N© / (A ACUAGEt4:L-Owke:p-5 COMMr,'N AFLEA "D" t3Ufl.LDtNG P SfWGTtG I LlNe5 9e----T(d:pN oN O.B. 924. PG. 12-:� Fp,:vHT = 35' 2-pNe * , " ule: VA ---ANT 5,(pe a Co' O C47�4M49N A PEA -5e-CT(4:'H TWO FAR" -2.5, 4A (Se E 5H 'ET &a e>F of I ) 's 7CM OC40MMCIN AFLeA A '5EGTtcvN TH fLe E D.5.6-nz.PG. 3'75 �.oNe:P--fU5c!:VA4At4T FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCAM 1" = 50' DATE: MARCH 9. .1998 1998 WAY"A%f SaVAIIIIIIII&IMS111^1 � V%Aw INIIIIII1181111115 =a Engineers k4w 151 WINDY HILL LANE Surveyors AfINCHESTER, VA. 22602 TELEPHONE: (540) 662-4185 Poundod in 1971 FAX: (540) 722-9528 MARK D. SMITH, No. 002009 i-oT h co (-7i ^/S6 i 8 0 5Z Y4� NO ► . ►Z.F. S� 5 E r-TtoN Two MO No N .a A Fa S , I.15o A�C"-E5 Go w uI , Q 4-0 0 2 �l) !- z /o W � ti Nl At,)JAGE 07 p `f'a A MoN V' I.tz.F4-MT � u} ,� • SQ AF145A "A AEG. TH FLEE Q r1 R6.672 M.375 to \O. zose , FZP 0 � USFr : VAGAN'T m (�).EGTfON dN E P.D. 82¢. PG. 1235 2 � 3�,, �( ,I,.) ;ZoNe: RP USe: \/AGstnIT F. R F �i?�� 50 0 50 MATCH To A SHEET roof -7 GROW 9C" SCALE: FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA J" = 50,7 DATE: MARCH 9 1998 Engineers Surveyors Q�' ��A�IVI4Y EA��IEER , 151 WNDY HILL LANE NNCHESTER, VA. 22602 TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 MARK D. SMITH No.002009 3,� fcl N- � MJRV O-V N 215ER DELTA RADIUS ARC TAW.aENT 4bZ006'+7" zs.ov' Z7. I0' IS,06' S 33*,S , 3-7"E Z5.-7f:>, Q -77 0 50'45" 50.00' 67. V3' +o. 3S' N—+I o-t ' STW &Z. 63� O 11-7 `53A13" 25.cb' S1. 41.5!' 556043124"w 4Z.E4 70- 3f' 44" ZS.cr 30- 77' 17.65' HZ!!r4o4-'oee"w Z.S.57'. `:..� 9-Z07' 1 4n> " 50. 00 3b.7h' t t>. Z S' 4Bm t t' 23 "' ZS co' 2.1.03 ' 11. (4>' S 2-410 Be' �" E �Lo +I . , N 28 36 � 90-00 1 -t3.18 1 23. 04- p 1 11 / 26 2cv. 18 E 41. tad IS` 16 50 0' 35. 6Z.' :Zo. 33' S Zo" 31' 3t)"04 37 67' LI 'rf-7s 11' 05` 5�0- Ot>' 4! I. I $� �.#. 84 S66p #Z 47P ! (' o �I ' ,p c3o' :.�} # . 18 Z#. 84'' H 66,- 3*104" Y-1. az l 13 4.7- If ' v s l' 90. 00, 1-1 . 1 f3'8'�f`' N I!T"` ZZ ` .5'�.�" W 4 02- Q '+I D lPS' 37 #1 50- can' 35. 86 I e' 74' H z4p-h5' 2I " e 36. ta' Ira 4W I1' Z>° zSao' Z1.03' tt.15' N2.lcIZ'2.-b E ao. +,t' 17 +7- 1(' 05 , 50. 0c,' 41 . l e, 2.1. S4` 33`0+" E IV. 02, 51 " 50-oc 69-.74' 37 80' H -73m -I ' 01'- W bo. 311 03- 21' 57 " T75CX:>' '+S. 53' 2.2.77' H Z&& 31. 0 (',' E -45. roZ' O o1'Z0' 28" 1333.7+ 31.22-' 15.6t' N 130'03'+vw 31. ZZ' VZ"IRvN ILE13,1FFK4PNUMENTS SETATALL LoT G R•NEFv 3 MMcF EO 1'>Y "0" ONLE14 4 THE'iWPI a NO -MO. LR..F.: 2." 1PPtA P-615AFt. Fap ND. FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE' -TONE mwisTERIAL DISTRICT, FREDER" COUNTY, VIRGINIA MARK A SMITH SCALE: VA F DATE: x ex 9, 19M No. 0012009 %M =. WAY E QiNEEF NVC 1 � , Engineers 151 WINDY NE WINCHESTER, HILL 22602 Surveyors TELEPHONE: (540) 662-4185 t971 FAX: (540) 722-9528 SHM 7 OF 7- III III oil %47 Founded in 1971 /i"*N GREENWAY EINNEERIN6 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Two Fax No.. Date: 44-9 J9P5 To: V p-eyca►ck Wnc From: J!S �c gka;7 A. WRENS Ann: E 2-tc- GREENWAY ENGINEERING l 0`7 V UgT Phone: 540-662-4185 QA FAX: 540-722-9528 Copied: Remarks: ❑ Urgent ® For your review ❑ As you requested ❑ Please Comment Message: e--IZ e�KD 2 -p6-rE f '-p (-E4SE, %7tN,9 '�EriZ.(LPrC�c - SEC.T�d 'PUCE � o J 2. TL>EJ ► E� , C,(��. � F I�N� e�; - A. V 4 Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com CHECKLIST FOR SUBDIVISION FINAL PLATS A. The title of the subdivision ("Final Plat for........") AA. Notarized owner's certification IAW 15.1-477 COV. B. The page number and total pages on each page. C. Vicinity Map (Scale 1:2,000) showing roads, properties / and subdivisions within 1,000 feet. ✓ D. A written and graphic scale. E. Day, month and year plan prepared and revised. F. North Arrow. ✓ G. Magisterial District in which the subdivision is located. H. Zoning and use of land to be subdivided and adjoining land. OWA SPPXE I. Boundary survey of all lots, arcel and rights -of -way. J. Names of owners of adjoining properties with deed book and page number references. V' K. Area of each lot, total area of subdivision and area in lots. L. Location and area of each parcel of open space and total area of open space. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to /and on the property. N. Existing and proposed utilities, utility easements and other easements with dimensions. O. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. x S. Location of proposed recreational areas. a : Page 2 Subdivision Plat Checklist T. Location of proposed buffers. U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. X. Signature lines as required. Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 9, 1998 IZTE. 660 t27E. 6,6!:) ,R E , WOOP5 M ILL R-D. OU RN T FAG�ToFZ( E3ERR�(VILL E PEKE PONEE12- HEIGHTS v �. A513LifZ'i MILL. TERtzA� PAGE � p T E S QF P �<11 N 4ANA D61-1 E ;,TA ATE. 65� Q r;wVE VALLEY MILL Rp � VICU41W MAP LISTS ` HE I" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION THE LAND OF TOWNHOUSE RESTAURANT, INC., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH • THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 19 BY NQR}' MY' COMMISSION EXPIRES SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS *B I II -ALL OF THE LAND CONVEYED TO TOWNHOUSE RESTAURANT, INC. BY DEED. DATED " ^' i..' . OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLEWS- OFFICE. I `.DEED BOOK AT PAGE _ MARK D. SMITH L.S. NOTE: PARENT TAX_ PARCEL IDENTIFICATION TOWNHOUSE RESTAURANT, INC. 55-((A))-181 ZONE : RP CURRENT USE VACANT APPROVALS: TH O.F FREDERICK COUNTY SANITATION AUTHORITY DATE VIRGINIA DEPARTMENT OF TRANSPORTATION DATE MARK D, SMITH 1' No. oo2009 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ej7\ QREMWAY ENaam-.ERM Engineers 151 WINDY HILL LANE WINCHESTER, VA. 22602 \4w Surveyors y TELEPHONE: 540) 662-4185 Founded in 1971 FAX: (540) 722-9528 SHEET I OF 7 MATCH To yHEET 3 of 7 'V LoT 4S N 'QY fly moo„ L� N6S o > (A-33.tA ao� L-o T 37- N! � o N 0,"7 o Oh '4 -7 '' E I . 18 31 S 10, cx� 5. F. I N W 1-07 _IN I Zr,-,. ooa' A Lf\ + - r�'� 06'47 "E = J� �-0 N o �'D z �� p lo,cx�S.F. I i ° �4 z p��p dJ ONv w I25. oodj JV 1 Z S Qi \II,Z�3 15,.F.l Q 51, 6 5. IwATl-: q p EYM�LL 57M T P L�M�TS of H` ��-o �d ATE• 6 V .c), i� Y�E 5� ly 75og 2 Ar,UAl/EN-T OWNE S Fop 20`� 78c 06 it O GoNt hN A P-E A " A " C PEfZ ito 5 EGTtoN -TH Ft-E E '�'�• �/ D.13. 67 Z , PG, 375 �63 ZONE: R-P , USE : VACANT/Zo g ENjI L-pit,iG IzESTI2IG7IoN L l N E 5 FPaN7 = 35' Slt7E _ I& R-EA R , Z 5 ' FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE _0 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' I DATE: MARCH 9, 1998 QREENWAY ENQINEEFM Engineers 151 WINDY HILL LANE 9� WINCHESTER, VA. 22602 $� Surveyors TELEPHONE: (540) 662-4185 Foundsd in 1971 FAX: (540) 722-9528 TH OF pl ►� ram' MARK D. SMITH No.002009 S U RV t-.1; SHEET 2 OF 7 LoT 4t Zo ACC E 57 ® E A 7 E tom( E N -r N 57�ob'4-7" E MA'TGH To SHEET -I- dF -7 _U N 0 0 3 8 `� 3 8 �► L6 ' r t� �,375 ei.F rI_ m 0 _ I _, � z r� s a7o ob �7 "w N IZS.00' W L �4 F I 575 S. . N N ro> 0 '�� 151 87` 06 �I-7 Sac, IZ N15; � 45 ►Wzo u �Io, l 5. F �I v _ DtzAIWAGF- i6 ESM'T. c �, I N e,7 06' 4-7 " E F"d IL -F-1 � _ U 8 $ _- QI 10, G1�o S. F (p 0 W N Ln I 10, oc� S. F. dp N 57�06 4-7 IZS.00' � O N 7 0 �v N e7 0 0&' 47 "E T w au Uj L N �- I- � iz5.00 '5 57o6,' 4-"W I Q F ADJAGF=NT 1 OWNE�`i OCOMMON Alme A "E�5 SEC"TfoN oN E P. 5. S2 s�-, PIG . 12 35 M A TG H To ZONE: FL U5E : VACANT r� He E T 2. oP 7 0 66I.AMON AP-r--A SGG?IoN 'TWO (-5EESHEET 6oF7) 13UIt-DING I P-Ed7Tt2-1 GTI vN LINES FP-oN 7 = 35' SIDE = lo' R•EA R = Z 5 ' 50 0 50 GRAPHIC SCALE FINAL SUBDIVISION PLAT SECTION TWO .- ASBURY TERRACE MONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1DATE: MARCH 9, 1998 QREENWAY rM NEERINQ Engineers $51 WINDYWINCH STER, HVA. 22602 ILL LANE Surveyors TELEPHONE: (540) 662-4185 am"bd in 1971 FAX: (540) 722-9528 rVol"TH QF pt U MARK D. SMITH No. 002009 SHEET 3 OF 7 PIONEER HEIGHTS - SEGTfON CONE I- cp-r (7. E5 74-t. PG. Zoo m l 0 8 ZoN E: FZ-P V� Ll5E: R-ESIDC- NT1Al_ 2 ` I. COT 107 �� gl �s 'g/ lob z �!k 00, 0 o [ �5EMENT r - \ o is I ► ��� �i.F� . � _ �" � �✓ lo. cam\` � � R/ loco, " N� aQ w i L �o ,I � 3i W o I D, --z & s F . -� _ . lt,7X>rF. ��ON 813o Z oo" W 50'� m I oa. oq- F zl r a,ct�sF�I�.D - ' N IZS•�� �f . N o V U-% S 87' ob ' 47 " W 3 c(v r 1 z �. N 1 d. M N _ d Zo'AC.GE55 �yEMEN"j '� 5 a7- 06' 4.7 W L-co 7 9-z I ° N 111 I ' 0 z NI �-o7 35 ' )- - Z MATCH To 5H E E T 3 of 7 , Q f7 AD-JAGENT owNEFzs OCMMCN OAP-eA " 15 ofSEGTI CON CON E D B. 02-4. PG .1235 ZONE: RP USE: VAGA N? EU I LDI NG I2E5jP46.TI C>N L. I N E5 FP5lN T 35' ejlDE = Io' REAR ' ZS FINAL SUBDIVISION PLAT SECTION TWO AS B U RY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 DATE: MARCH 9, 1998 TH 0.� p f ram, MARK D. SMITH No.002009 aaimmm" AY ENaIN�RVa N��Ww 7 Engineers 151 WINDY HILL LANE 9� WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662 4185 in 1971 FAX: (540) 722-9528 SHEET 4 MATCH TO SHE6 OF 7 J / ' L--07 4Z 8 0 w 00 N w A/,-t7 r ( s 5. F�Z- / U py h- / i f / 3 • t•B Q7 � 3 w z H Ir- N •4r m S 17 L-oT 5 0 scb \Io,7-51s.F .• _C5 / ( . \J W 0 h, ` U A � � 4 � /41j,� z 1- . � � � o •tle' � � 6soa5t S8 � N AP.SAe-'ENT oWNEp-5 w CaMMC�N AP -EA "15- 0 d>E,GTtcpN ciN t: P.D. $2-4, PG. `►23ra Zoke: " USE : VAeANT OC© -4MON A P-6A - SLFC-TicvN TWO ('SELF SHB ET & of 7 5�T "T.N"E '' A I' D.B. 6� Z , PG • 375 2oN E : F�-P, t.15 � auiL *4el Pee- TtvN t...imec7 !` P*PH T s 3` ei1 PE ' 1 r>' VAGA N T FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE ALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ►LE: 1" = 60' F DATE: MARCH 9, 1998 QREIna EMIHEERIIVtS Engineers 7 En9� 151 WINDY HILL LANE WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 in 1971 FAX: (540) 722-9528 P' T OF p ,ram, MARK D. SMITH 1; No. 002009 h j Q, 4Q_ 0 ^0 4' J . (I i Z I-- 7 47 51=GTIoN aVL V \� N Aj ti AC NAG NT OW EI2 ` � I.R•F� �� �a A Gt�MMoN S� �AFzEA "A " LA ,� . So SEC. TH R-EE lI1 �p P.5. 672 . PG. 375 �. n(1 ZONE : IzP USE : VACANT m 61 O z v w Z Q ►7 )- 0 OGoMMON AP -EA "E3 m 5C-67I4)-N ©N E Lo'T R e. 9 z +. PG. 125 9 ��„ vJ 'ham zoNE: R-P USE: \/f►ts►rlT 50 0 50 O H To 5 E ETG 5 of -7 GRAPHIC SCALE IW eTl9A FINAL SUBDIVISION PLAT oFvf SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH SCALE: 1" = 50' T DATE: MARCH 9, 1998 No.002009 QREENWAY ENQN�ERI�1Q ,� o,�. Engineers 151 WINDY HILL LANE WI 9 NCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 Founded in 1971 FAX: (540) 722-9528 SHEET 6 OF 7 _. AILEA SUMMAIzi : AREA IN L_0T5 = &.061 AGP-ES A ILEA I N OPEN SFA G E= 1. 150- A C.P-E 5 AP -EA DEDICATED FOP- 5iTFL-Ee T`, = 1. 354 A G F-E5 'oTA L. A f1EA a 0.565 ACRES i=ROF�ERTY LINE CURVE DAT,4 t llwR DELTA RADIUS ARC TANGENT 04I I� 6Z*06'+7" ZGi.Oo' Z7. 1c> 15.v6' ZO 103'ZID'3f" Ggtzoc Do.3Z' 63.-+2- 548'51' 3b"W 78.5�-' 3O 03' S 3' 37 " 13'>3.74 5)0. &t' 5. 3-t' N 7 7 ®Z 6' 46" W 6Z' O77 50'ef-8"' So oo' 67.�3' 40. 38' 1�I41 ��i-a' 37"W 6Z, s33� 5O 117 -53' 13" ZS.00' 51.4¢' +(. 51' S 56'03'2.4"W 4Z.04 70- 31' 44" ZS.00' 30.77' 17.6a' NZ��44'o�"W z8.87' Ot:Z-,07' 1'5>" 50.00' 36.76' Imo. zs' N 15031' 56"W �8 48' I I' Z3" z5 �' ZI.o3' 11. l �' S 26 58 S9-" E 20. t(' io + - IS' (a" 50.or->' 35.62-' -2o.33' S Zo'31' 30"W 37.67' I I 47' I I' 196" 50. C%>' 4 (. 18' zl . 84' <i 66' 14' 51 " W 40 OZ' 12 47- I I ' 05 " 5o 00' 41. 18 ZI . a4' N 66' 34'04" W �• oZ' 13 47' 11'os" 5000' 41 . I13' ZI.54' N ID'Z2.' 5D" W 40.oL' ® 4I * OS' 37 " ram ` 35. 06' 113 74' N Z4'45' Z l " E 35• lo' I5 4ee 11' 23" ZSOp' 2I.03' 11. 18' H Z(' IZ'Z0, C- zo.4l' 16 3n'5(':ZtIt 50.c.;' 34.73' 18. 13' S+5'ow I13"E I"J -t70 j (' 05" SD.ao' 41. ! a' Zl . t39-' So(' 33'0�{-" E-IV -oZ' 18 47� II' 05" 50-co, -t1. 1a' Z1. 8q-' S45' 38`0z"w 10.02' I� 74' 10' 5 (" 50. c; t --; &+74' 37. So' N '73' -,+1 ' oI " W bo. 311 ® 03' 21' 57" 7750n' +5.53' 2-2.77' N Z6' 3tf)' Ion"E 45.52-' O0(1020' ZS" 31.22-' 15.6I' N &0003' 4°J"W 31. ZZ NVTe V2-"IPoNPEI3,AF;L `,ONUMENTS SETATALL LOTC, 1"ER5 DENcriED aY "0" UNLESS OTHERWISE NOTED. I.R.F. _ 1/2" IRON P..ElhAR FOUND. FINAL SUBDIVISION PLAT SECTION TWO ASBURY TERRACE STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: MARCH 9, 1998 CAR WAY ENQ�INQ Engineers 151 WINDY HILL LANE 9 WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 F'os�d�d in 1971 FAX: (540) 722-9528 �TH of p y !�?N 1 MARK D. SMITH No,002oo9 SHEET 7 OF 7 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824-0278 August 30, 1999 Mr. Mike Ruddy County of Frederick Dept. of Planning & Development 107 !forth Kent Street Winchester, VA 22601-5000 Dear Mr. Ruddy: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Asbury Terrace Subdivision Section II Route 659 Frederick County The addition package for the streets listed in the Board's resolution dated July 14, 1999 for the referenced development has been forwarded to our Central Office in Richmond for processing. The Commissioner's Office will notify the Board when the addition has been approved. In the meantime if you have any questions, please let me know. DAH/rf xc: Mr. Dave Holliday Sincerely, :6". tc0 Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. AUG 2 7 1999 DEPT, OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 20, 1999 FAXED followed by PRIORITYMAIL JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX(540)984-5607 Mr. Dave Holliday Ref: Addition of Subdivision Streets C/O Dave Holliday Construction, Inc. Asbury Terrace & Carlisle Heights Subdivisions P. 0. Box 2715 Routes 659 & 656 Winchester, VA 22604 Frederick County Dear Dave: We are in receipt of your checks for the maintenance fees for the referenced subdivision additions. The accompanying performance & payment bonds will not satisfy VDOT surety needs. These documents do not comply with the language outlined in the attached example. Please ask your surety agent to redraft the documents to meet our criteria. In order to meet our September 1, 1999 deadline, we will need the new documents by Thursday, August 26, 1999. We are returning the previously submitted performance & payment bonds and enclosing a copy of Forms SR-5A for your reference. If you have any questions, please give me a call. SAM/rf Enclosures xcN -- We Heironimus �_ Mr. Mike Ruddy �,. a_ Sincerely, .r v Steven A. Melni Transportation Engineer AUG 2 3 1999 DEPT, OF PIANN NGiLrJrLOPMFNT WE KEEP VIRGINIA MOVING 8RD 211193 Irrevocable Letter of Credit (for srdmvision street Addi`atorrs) Beneficiary: Vulmia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Developer: Address : Issuing Bank: Address: Bank Number: Letter of Credit No.: Date Issued : Amount : 8 Expiration Date: We hereby open this Ictter of credit for the captioned Developer in favor of the Virginia Department of Transportation in the sum of US Dollars ($ .00) available by your sight draft accompanied by a statement signed by the Resident Engineer or his representative bearing the clause "Drawn under /nstfh on's Nome and Address, Letter of Credit No. dated ." and state that the draw is for the specific purpose of recovering all loss, cost, damage or expense incurred to correct faulty workmanship or materials associated with the construction of one or more of the following road(s) and/or related drainage facilities: County: , Subdivision: Street Name: From: To: Street Name: From: To: Street Name: From: To: We hereby engage with you that drafts in compliance with these terms shall be duly honored. This letter of credit becomes operative and will expire at our counters on the dates first written above. Except as expressly stated herein, this credit is subject to the Uniform Customs and Practicefor Documentary Credits 0983 Revision), International Chamber of Commerce Publication No. 400. (Authorized Signature) (Printed Name) (Title) (SEAL) Attest SRD 2/1193 PERFORMANCE BOND FOR SUBDIVISION STREET ADDITIONS TO THE SECONDARY SYSTEM KNOWN ALL MEN BY THESE PRESENTS, That we Principal. and a corporation duly incorporated under the laws of the State of Surety, are held and firmly bound unto the Commonwealth of Virginia in the full and just sum of Dollars ($ ), current money of the United States. to be paid to the said Commonwealth of Virginia, to the payment thereof we hereby bind ourselves and each of us, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, sealed with our seals and dated this day of , 19 WHEREAS, the Principal has constructed, and the Commonwealth, acting through the Department of Transportation, has accepted or is about to accept, for inclusion into the State Secondary System the street(s) listed below: NOW, THEREFORE, The condition of this obligation is such that if the Principal shall indemnify and save harmless the Commonwealth of Virginia for a period of one year, from , 19 from all lose, cost, damage or expense incurred in the repair of said streets, and the drainage facilities pertaining to said streets and to persons and property lawfully on such streets, occasioned by defective materials and/or workmanship, then this obligation to be void: otherwise, remain in full force and effect. IN WITNESS WHEREOF, said principal and surety have caused these presents to be executed and their seals affixed the day and year first above written. Witness: Countersigned: Resident Virginia Agent (Principal) By: (Typed or Printed Name) (Address) ISuretyl (Seal) By: (Seal) (Attorney -in -Fact) Note: An original copy of all pages is to be filed with the Department of Transportation. SRO 111193 STATE OF ACKNOWLEDGMENT OF PRINCIPAL of , to wit: I, a notary public in and for the aforesaid, in the State aforesaid, do certify that Of , (Name and Title of Authorized Signee) personally appeared before me and acknowledged the above bond bearing the date of , 19 My tern of office expires . 19_. Given under my hand this day Of , 18 STATE OF Notary Public AFFIDAVIT AND ACKNOWLEDGMENT OF SURETY of , to wit: a notary public in and for the aforesaid, in the State aforesaid, do certify that Of , (Name and Title of Authorized Signs@) personally appeared before me and made oath that he is the (Title) of the (Nerve of Surety), that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney of said company, date .19 and recorded in the Clerk's Office of the Of Deed Book No: , page , that said power of attorney has not been revoked; that the said company hoe complied with all the requirements of law regulating the admission of such companies to transact business in the State of Virginia; that the said company holds the certificate of the Commissioner of Insurance authorizing it to do business of the State of Virgins; that it has a paid -up cash capitol of not leas then $250.000; that the paid -up capital, plus the surplus and undivided profits of said company is $ that the penalty of the foregoing bond is not in excess of ten percentum of said sum: that the said company is not by said bond incurring in the aggregate , on behalf or on account to the principal names in said bond, a liability for an amount larger than one -tenth of its paid -up capita, plus its surplus and undivided profits: that the said company is solvent and fully able to meet promptly all its obligations, and the said thereupon, in the name and on behalf of the said company, acknowledged the foregoing writing as its act and dead. My term of office expires 19_ Given under my hand this day of , 19 Notary Public April 20, 1998 Richard Edens Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Asbury Terrace, Section 2 Dear Rich: I have reviewed the final plats for the above referenced project, received in this office April 13, 1998. We also had a brief telephone conversation on Friday, April 17, 1998 to discuss the same. My records have no indication that a formal subdivision review has been submitted to the County for this Section. As you are aware, this subdivision has been determined to be vested by the Asbury Terrace Master Development Plan (MDP #015-87), approved by Frederick County on April 7,1988. Therefore, the final plats for Asbury Terrace, Section 2 should comply with the requirements depicted on this approved master development plan. This approved master development plan states that the development will contain single family traditional lots, and that the typical lot will be 80' by 125' (10,000 square feet). I have reviewed the recorded plats for Sections 1 and 3, and found that no lots of record are smaller than 8,674 and 8,853 square feet, respectively. The submitted plat for Section 2 contains two lots smaller than 8,674 square feet (Lots 41 and 36). In fact, one of these two Section 2 lots is 665 square feet smaller. I believe that in no case should a lot be smaller than 8,500 square feet, in keeping with the existing Sections 1 and 3. Once you have addressed this lot size concern, you can proceed with gaining approval signatures from the property owner, VDOT, and the Sanitation Authority. As you are aware, these signatures, a subdivision review fee of $2,620.00 [$1,000 base + ($90.00 per lot for the first 10 lots) + $45.00 per lot for the remaining 16 lots)], and an appropriate guarantee to cover all site improvements are all necessary prior to gaining final subdivision approval from the County. Please contact me with any questions. Sincerely, Eric R. Lawrence Zoning Administrator ERL/cc U:\Eric\Common\SUBDIVIS\ASBLTRY.WPD A B C D E F G H 1 DESCRIPTION OF WORK VALUE PREVIOUS CURRENT STOREE COMPLETED BALANCE RETAINAGE 2 1065' 8" S.S. UP TO 19 DEEP $26,625.00 $26,625.00 $0.00 $0.00 $26,625.00 $0.00 $2,662.50 3 ro MANHOLE BASES $3,600.00 $3,600.00 $0.00 $0.00 $3,600.00 $0.00 $360.00 4 2' EXTRA MANHOLE DEPTH $7,800.00 $7,800.00 $0.00 $0.00 $7,800.00 $0.00 $780.00 5 26 4" S.S. SERVICES $26,000.00 $26,000.00 $0.00 $0.00 $26,000.00 $0.00 $2,600.00 6 1 MANHOLE DROP $1,000.00 $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $100.00 T 85' 6" WATER LINE $7,065.00 $7,065.00 $0.00 $0.00 $7,065.00 $0.00 $706.50 8 310' 6" WATER LINE $2,790.00 $2,790.00 $0.00 $0.00 $2,790.00 $0.00 $279.00 9 3 FIRE HYDRANTS $9,000.00 $9,000.00 $0.00 $0.00 $9,000.00 $0.00 $900.00 10 3 6" VALVES $1,800.00 $1,800.00 $0.00 $0.00 $1,800.00 $0.00 $180.00 11 2 10" VALVES $2,400.00 $2,400.00 $0.00 $0.00 $2,400.00 $0.00 $240.00 12 26 WATER SERVICES $13,000.00 $13,000.00 $0.00 $0.00 $13,000.00 $0.00 $1,300.00 13 1100' 30' RD. 8" STONE S5 W/C&G $105,600.00 $10,560.00 $86,040.00 $0.00 $96,600.00 $9,000.00 $9,660.00 14 6 STORM SEWER INLET UP TO 8' $18,000.00 $18 000.00 $0.00 $0.00 $18 000.00 $0.00 $1,800.00 15 156 15" RCP STORM SEWER PIPE $5,460.00 $5,460.00 $0.00 1$0.00 $5,460.00 $0.00 $546.00 16 149 24" STORM SEWER PIPE $6,440.00 $6,440.00 $0.00 $0.00 $6,440.00 $0.00 $644.00 17 26 DRIVEWAYS $7,800.00 $0.00 $0.00 $0.00 $0.00 $7,800.00 $0.00 18 00' 10" WATERLINE $8,800.00 $8,800.00 $0.00 $0.00 $8,800.00 $0.00 $880.00 19 00' 8" S.S. ALONG ROAD $22,000.00 $22,000.00 $0.00 $0.00 $22,000.00 $0.00 $2,200.00 20 1 MANHOLE BASE $600.00 $600.00 $0.00 $0.00 $600.00 $0.00 $60.00 21 ' EXTRA MANHOLE DEPTH $1,200.00 $1,200.00 $0.00 $0.00 $1,200.00 $0.00 $120.00 22 CHANGE ORDER #1 $25,379.23 $25,379.23 $0.00 $0.00 $25,379.23 $0.00 $2,537.92 24 frOTALS $302,359.23 $199,519.23 $86,040.00 $0.00 $285,559.23 $16,800.00 1$28,555.92 FIORM 100 PROJECT: Name, address: TO: �)Ctu_c Owner: ATTN : ARCHITECT: ARCHITECTS CONTRACTOR: 0014TRACTOR APPLICATION DATE: 2--'2S-g APPLICATION NO: PERIOD FROM: (P - c� —(q sz T O : D --2-S - g CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection Change Orders app'd ADDITIONS $ DEDUCTIONS $ with the Contract. Continuation sheet Forst 100A is attached. in previous :months by Owner The present status TOTALS of the account for this contract is as follows: SUM Net Change by Change Orders . . . . $ 2� ,--) 3I Subsequent Change CONTRACT SUM TO DATE . . . . . . . . $ Orders TOTALS Change by Change Orders $ State of Co. (and/or City) of The undersigned Contractor certifies that the work covered by this application for the payment has been completed in accordance with the Contract Documents, that all the amts. have been paid by him for work for which previous certificates for payment were issued and payments re— ceived from the owner, and that the current payment shown herein is now due. ORIGINAL CONTRACT TOTAL 0015'LETED & STORED TO DATE $ (Column G on 100A) RETAINAGE % $ �155 - or as noted in Column I on 100A TOTAL EARNED LESS RET LINAGE ..... $ 2 115 7 003 3 � LESS PIREVIOUS PAYMENTS . . . . . . . $ Q 5 1 o `7 . 31 CURRENT PAYMENT DUE ......... $ -I LA ? L, - 00 (Includes any past due amounts) Subscribed and sworn to before me this day of Notary Public: My Commission expires: In accordance with the Contract and this application for payment Contractor is entitled to payment in the amount shown above. CONTRACTOR Architect: By: COMMONWEALTH of VIR(IINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 June 25, 1998 Mr. Jerry King King's Plumbing and Heating 29078 Old Valley Pike Strasburg, VA 22657 Dear Jerry: ��7ery JERRY A. COPP RESIDENTENGINEER TELE (540) 984.5600 FAX (640)984.5807 Ref: Asbury Terrace Route 659 Frederick County After reviewing the installation of the 15" concrete pipe outleting Structure # 5 DI-3B, it is obvious there has been a mistake made in the elevations given on the plans. This 110' (plus or minus) of pipe will need to be reinstalled from Structure # 5 with the outlet flow line being no less than 15" below the edge of pavement of Route 659. Further assistance in this matter is available to you during our daily inspection visits to the jobsite. Please contact me if I can assist in any way. Sincerely, j D. A. Heironimus Highway Permits and Subdivision Specialist, Sr. DAH/ep pc: Mr. Steve Melnikoff Mr. Dave Holiday Mr. Bob Hawkins Mr. Ron Mislowsky Mr. K. Tierney WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 May 7,1998 Mr. Richard A. Edens C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Richard: JERRY A COPP RESIDENT ENGINEER TELE(540)98456M FAX (540) 984-5607 Ref: Asbury Terrace Route 659 (Valley Mill Road) Frederick County We have reviewed the plats dated 03/09/98 (received 05/05/98) for the referenced project. The plats appear to be as shown on the approved plans and are hereby approved. We are returning three sets signed by VDOT. Please provide us with a copy of these plats when they have been signed by all agencies. Should you have any questions, do not hesitate to call. BJS/ rf Enclosures xc: F.C. P S ecialist Kris Tierne Sincerely, Sweitze Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer CO y°> WE KEEP VIRGINIA MOVING x FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 April 20, 1998 Richard Edens Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Asbury Terrace, Section 2 Dear Rich: I have reviewed the final plats for the above referenced project, received in this office April 13, 1998. We also had a brief telephone conversation on Friday, April 17, 1998 to discuss the same. My records have no indication that a formal subdivision review has been submitted to the County for this Section. As you are aware, this subdivision has been determined to be vested by the Asbury Terrace Master Development Plan (MDP #015-87), approved by Frederick County on April 7, 1988. Therefore, the final plats for Asbury Terrace, Section 2 should comply with the requirements depicted on this approved master development plan. This approved master development plan states that the development will contain single family traditional lots, and that the typical lot will be 80' by 125' (10,000 square feet). I have reviewed the recorded plats for Sections 1 and 3, and found that no lots of record are smaller than 8,674 and 8,853 square feet, respectively. The submitted plat for Section 2 contains two lots smaller than 8,674 square feet (Lots 41 and 36). In fact, one of these two Section 2 lots is 665 square feet smaller. I believe that in no case should a lot be smaller than 8,500 square feet, in keeping with the existing Sections 1 and 3. Once you have addressed this lot size concern, you can proceed with gaining approval signatures from the property owner, VDOT, and the Sanitation Authority. As you are aware, these signatures, a subdivision review fee of $2,620.00 [$1,000 base + ($90.00 per lot for the first 10 lots) + $45.00 per lot for the remaining 16 lots)], and an appropriate guarantee to cover all site improvements are all necessary prior to gaining final subdivision approval from the County. Please contact me with any questions. Sincerely, Eric R Lawrence Zoning Administrator ERL/cc U:\ERIC\COMMON\SUBDrVIS\ASBLJRY.WPD 107 North Kent Street - Winchester; Virginia 22601-5000 Q�d I COMMONWEALTH�3 ®f V�GINI�,��` u` 40 DEPARTMENT OF TRANSPORTATION �" ♦, �� DAVID R. GEHR EDINBURG RESIDENCY COPP COMMISSIONER 14031 OLD VALLEY PIKE DENTENGINEEF P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX (540) 984-5607 February 23,1998 Mr. Jerry King C/O King's Plumbing & Heating, Inc. 29078 Old Valley Pike Strasburg, VA 22657 Dear Jerry: Ref: Temporary Construction Entrance Asbury Terrace, Section II Route 659 5vlmI4111a� Frederick County 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" 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. Mr. Jerry King Ref: Asbury Terrace, Section H February 23,1998 Page #2 • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • The entrance is to be installed at the location shown on the site plan prepared by Greenway Engineering dated March 22,1998. 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, M clll-t-t� William C. Gochenour Hwy. Permits & Subd. Specialist Sr. WCG/rf Attachments xc: Mr. S. A. Melnikoff Mr. R. D. Hawkins Mr. Kris Tierney Mr. Dave Holliday COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 Mr. Jerry King C/O King's Plumbing & Heating 29078 Old Valley Pike Strasburg, VA 22657 Dear Jerry: February 26,1998 JERRYA. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 984-5607 Ref: Asbury Terrace Subdivision, Section 11 Route 659 Frederick County Enclosed is your approved Land Use Permit #855-04341 to cover the construction and maintenance of one street connection at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 659 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. Please give me a call at least 48 hours in advance of the start of construction to arrange for any necessary inspections. if you have any C1Liaritiviw concerning ti:.^ 't3ermit raQ.liliretiienEs €sir %'4.aliriiig cvit?trLlCtivit, please give me a call. Sinc T�4 erel j-e� William C. Gochenour Hwy. Permits &'Subdivision Specialist Sr. WCG/rf Enclosure xc: W Kris Tierney Mr. Dave Holliday WE KEEP VIRGINIA MOVING CIIA2,aoc� 9ck4tw4A'- October 15, 1998 This file is part of Asbury Terrace Subdivision Sections I & II both were approved under one subdivision application, and the fee for Section I was paid at that time. This file was created for Section II at the time the fee was paid (as per Eric) Date 00138.1 From SUBDIVISION FILE ASBURY TERRACE SECTION II I 1