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14-03 Westview Business Centre 7 Lots, 36.5380 Acres Shawnee - Backfile
t M Subdivision Checklist 1 F) Comment sheets from the following agencies, along with any marked copies of the plan: DOT Sanitation Authority Inspections Department Fire Marshal City of Winchester Health Department Parks & Recreation t,,' County Engineer _I ,-- One copy of the subdivision application Application received. D� Fee paid (amount: $ % 2 D l) ) Information entered in d-BASE and Reference Manual GIS (Road Name Review) ate_ File given to Renee' to add to Application Action Summary D q103 Plat(s) signed by Subdivision Administrator o ho 0� Approval letter to applicant/agent D S 3 Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment O Updated d-BASE and Reference Manual /D ` AS' 03 YS& File given to Renee' • to update Application Action Summary Final plat(s) submitted with review agency signatures along with: -- - / - ------ Recorded deed of dedication Bond estimate (if required) $ O-\Opemons ManuaRsubdivision.trk Revised 611-4/02 C � h O V 0.� � �r r a) � r \L Hoffman, Gregory (VDOT) From: Hoffman, Gregory (VOOT) Sent: Wednesday, June 10, 2015 3:33 PM To: Mark Cherron (mcheran@co.frederick.va.us) Cc: Ingram, Lloyd (VDOT); Funkhouser, Rhonda (VDOT) Subject: FW: Security Drive - Punch list Mark, A inspection has been done on Security Drive. I have the following comments: 1. All of the DI structures need to be cleaned and videoed for further review. 2. Most of the DI's need the following: a. Lift holes need parged b. Parging inside the structures; for example, between the top and riser. 3. All sidewalk, curb and gutter that is mark with white paint need to be replaced or repaired. Consult VDOT before repair work. 4. FCSA entrance is being used for construction traffic. Remove stone behind curb and boards in gutter pain and place top soil behind curb then seed to obtain 80% uniform germination. A larger entrance may need to be install to accommodate larger equipment as well as a construction permit if is being used in that manner. 5. Back fill the low areas behind the curb and structures then reseed with grass seed to obtain 80% uniform germination. 6. Reseal joint in handicap ramps with an approved rubberized sealant. 7. Di structure in front of 146 Security Drive has failed and the front wall is partially collapsed. This needs to be repaired. 8. Pavement issues need to be repaired all through the old section. A pavement overlay maybe required. 9. North/East entrance to Navy Fed Credit is holding water. Need to obtain positive drainage. 10. There may be other cracks in the concrete that were missed that will need repaired. Thanks, Gregory T. Hoffman Land Development - Permits Specialist Clark, Frederick, Shenandoah & Warren Counties 2275 NorthWestern Pike Winchester, Virginia 22603 (540) 535-1824 Hoffman, Gregory (VDOT) From: Hoffman, Gregory (VDOT) Sent: Wednesday, June 10, 2015 3:33 PM To: Mark Cherron (mcheran@co.frederick.va.us) Cc: Ingram, Lloyd (VDOT); Funkhouser, Rhonda (VDOT) Subject: FW: Security Drive - Punch list Mark, A inspection has been done on Security Drive. I have the following comments: 1. All of the DI structures need to be cleaned and videoed for further review. 2. Most of the DI's need the following: a. Lift holes need parged b. Parging inside the structures; for example, between the top and riser. 3. All sidewalk, curb and gutter that is mark with white paint need to be replaced or repaired. Consult VDOT before repair work. 4. FCSA entrance is being used for construction traffic. Remove stone behind curb and boards in gutter pain and place top soil behind curb then seed to obtain 80% uniform germination. A larger entrance may need to be install to accommodate larger equipment as well as a construction permit if is being used in that manner. 5. Back fill the low areas behind the curb and structures then reseed with grass seed to obtain 80% uniform germination. 6. Reseal joint in handicap ramps with an approved rubberized sealant. 7. Di structure in front of 146 Security Drive has failed and the front wall is partially collapsed. This needs to be repaired. 8. Pavement issues need to be repaired all through the old section. A pavement overlay maybe required. 9. North/East entrance to Navy Fed Credit is holding water. Need to obtain positive drainage. 10. There may be other cracks in the concrete that were missed that will need repaired. Thanks, Gregory T. Hoffman Land Development - Permits Specialist Clark, Frederick, Shenandoah & Warren Counties 2275 NorthWestern Pike Winchester, Virginia 22603 (540) 535-1824 1 3 0 2 ) 4 12 THIS DECLARATION OF SUBDIVISION PLAT, DEED OF DEDICATION AND RESERVATION/ IMPOSITION OF UTILITY EASEMENTS, made and dated this 2nd day of October, 2003, by CARL S. HALES ("Hales") and THE COUNTY OF FREDERICK, VIRGINIA, with the consent and approval of the BANK OF CLARKE COUNTY and H. EDMUNDS COLEMAN, III, Sole Acting Trustee. WHEREAS, Hales, by virtue of that certain Deed from Westview Business Centre, LC, dated September 30, 2003 recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 030022516, is the owner and proprietor of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 36.5380 acres (T.M. 64-A-159F), being more particularly described on that certain "Boundary Line Survey and Easement Plat of the Land of Westview Business Centre, LC" made by Richard A. Edens, L.S., dated September 10, 2003 and attached to the aforesaid Deed; and WHEREAS, Hales desires to subdivide said tract into seven (7) Lots, more particularly described as follows, and as more particularly depicted on that certain plat made by Richard A. Edens, L.S., dated June 26, 2003 and revised September 15, 2003, entitled "Final Subdivision Plat of the Land of Carl S. Hales, Lots 11-17, Westview Business Centre" (hereinafter, "the Final Subdivision Plat") attached hereto and by reference made a part hereof- 0 Lot 11 — 10.7394 Acres; 0 M D- N Lot 12 — 4.1916 Acres; 0 E c "N o E .E 0 Q U Lot 13 — 2.0256 Acres; m 0 Lot 14 — 1.9978 Acres; mU� -0 S0-) U N = m Lot 15 — 4.9959 Acres; Lot 16 — 2.9929 Acres; 1 Lot 17 — 8.4566 Acres; and WHEREAS, Hales desires to dedicate that portion of the tract depicted upon the Final Subdivision Plat as "Branch Banking Drive — 50' Right of Way containing 1. 13 82 acres" for public street purposes; and WHEREAS, the aforesaid seven (7) Lots are subject to certain restrictive covenants as noted hereinafter; and WHEREAS, Hales desires that each of the aforesaid seven (7) Lots shall be mutually subject to and benefited by the reservation and imposition of the utility easements more particularly described in Paragraph 4 hereafter to assure the reasonable and adequate development of each of the said Lots. NOW, THEREFORE, THIS DECLARATION OF SUBDIVISION PLAT, DEED OF DEDICATION AND RESERVATION/IMPOSITION OF UTILITY EASEMENTS, WITNESSETH: That for and in consideration of the premises and the aforesaid, Hales, as the owner and proprietor, and with his consent and in accordance with his desire, does hereby: Subdivision - Declare that said subdivision is made with his free consent and in accordance with applicable State and County of Frederick statutes and ordinances, and does hereby subdivide the property into the seven (7) Lots created, shown and identified on the attached Final Subdivision Plat located in Shawnee Magisterial District, Frederick County, Virginia and hereby creates and establishes the easements (specifically including the "100' Shared Access Easement to Benefit Lots 13 & 14" and the "Variable Width Shared Access and Signage Easement to Benefit Lots 15 & 16") shown and described on said Final Subdivision Plat. 2. Dedication - Grant, convey and dedicate unto the County of Frederick, Virginia and to the public the road shown and depicted on the Final Subdivision Plat as 2 A, C0 F "Branch Banking Drive, 50' Right of Way containing 1.1382 acres" for public ptreet purposes. 3. Reservation/Imposition of Utility Easements Upon Lots 11-17, Inclusive — Reserve and impose utility easements in accordance with the following: The reasonable and appropriate development of Lots 11-17 will require and include the extension of various utilities, including, without limitation, water, sewer, storm sewer, electric, telephone, cable, fiber optics, gas, and similar utilities. Pursuant to section 1.11 "Reservation of Utility Easements" contained in the Vacation of Restrictive Covenants and Substitution of Restrictive Covenants, dated October 10, 1996 and recorded in the aforesaid Clerk's Office in Deed Book 868, at Page 1092, each Lot created hereby is subject to a twenty foot (20') wide easement contiguous to each boundary line of each Lot, and wholly within each such Lot, for installation and maintenance of underground utility easements. In addition thereto, and as a mutual and reciprocal easement, covenant and servitude binding upon, and benefiting, each of Lots 11 — 17, Hales hereby reserves, retains and imposes upon each and every one of said Lots (being Lots 11-17) the mutual and reciprocal right and obligation for the reservation and granting of reasonable easements for the installation, construction, extension of, and the connection to, various utilities (including, without limitation, water, sewer, storm sewer, electric, telephone, cable, fiber optics, gas and similar utilities), including the construction, installation and extension of mains, laterals and other utility lines, and the maintenance thereof, and the grading and provision for storm water drainage systems, to be located and installed in, over, across 3 and upon the various Lots to assist in and to enhance the development of the various Lots. Any such easement shall be located on any particular lot within the area thereon reserved as the building setback/building restriction line area, which area is designated as "BRL" as depicted on the Final Subdivision Plat. An easement shall be deemed to be "reasonable" if the construction, installation and maintenance of such easement does not unreasonably interfere with the use and development of the Lot(s) affected by the easement and through which the easement is located. An easement shall also be deemed "reasonable" to the extent that it is consi in form and content, with similar easements approved and/or utilized by the applicable governmental agencies or providers of public services to which the easement relates. Any such easement shall provide that the person/entity directing the entry upon any such easement shall be required to restore the land subjected thereto at such person's/entity's expense to as nearly as practicable the conditions existing prior to the entry, installation or maintenance; such restoration shall include backfilling of trenches, replacement of fences, resodding of lawns and replacement of shrubbery, but not the replacement of natural obstructions. Any affected Lot owner shall, within twenty five (25) calendar days following submission by any other Lot owners, execute such reasonable applications, easements, deeds, plats, licenses, and/or other instruments presented to effect and support the creation, establishment, grant, construction and installation of the easements described in this Paragraph 4. The land herein being subdivided and the boundaries thereof, the road (Branch Banking Drive) being dedicated herein, and the easements created herein (other than the utility easements M L `0 L' reserved/imposed pursuant to Paragraph 4 herein above) are shown on the attached Final Subdivision Plat, which Plat is expressly incorporated herein by reference and made a part hereof. Hales hereby requests that the proper official(s) designated by the County of Frederick, Virginia approve of and endorse said Final Subdivision Plat so that it may be recorded in the Clerk's Office of the Frederick County, Virginia. The subdivision of the land as shown on the Final Subdivision Plat is with the free consent and in accordance with the desire of Hales, being the owner and proprietor of the land being subdivided, and is in conformity with the provisions of law as are applicable, together wi the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The Bank of Clarke County and H. Edmunds Coleman, III, Sole Acting Trustee, being, respectively, the beneficiary and sole acting Trustee pursuant to that certain Deed of Trust dated September 30, 2003 and recorded in the aforesaid Clerk's Office as Instrument No. 030022517 granted by Hales and creating a lien on the 36.5380 acre tract, join in this instrument for, and in order to accomplish, the following: (a) To evidence their consent to, and approval of, the subdivision of the tract into the seven (7) Lots (Lots 11-17); (b) To evidence their consent to, and approval of, the dedication of Branch Banking Drive for public street purposes and to hereby Release the 50' wide right of way containing 1. 13 82 acres included in said Branch Banking Drive from the lien of said Deed of Trust; (c) To evidence their consent to, and approval of, the shared access and signage easement established to benefit Lots 15 and 16 and the 100' shared access easement established to benefit Lots 13 and 14, as described on the Final Subdivision Plat; and v� (d) To evidence their consent to, and approval of, the reservation and imposition of the utility easements as described in Paragraph 4 hereinabove. WITNESS the following signat and seals: (SEAL) Carl S. Hales BANK OF CLARKE COUNTY By: (SEAL) Title: • /'mil �-,•�/ � �-v� �( H. Edmunds Coleman, III, Sole Acting Trustee COMMONWEALTH OF VjI,RGINIA, CITY/COUNTY of ``J i n r 1�"S Jt Cr , to -wit: 00/VT.* ribed and sworn to before me, this ZL� day of October, 2003, by Carl S. Hales. '••-tiO EA ",9Y COMMISSION EXPIRES JANUARY 31, 2005 4 '••. F commission expires: R :0 •••....• Q ary P blic NOT AR �'edWONWEALTH OF VIRGINIA CITY/COUNTY of c _a , to -wit: Subscribed and sworn to before me this 14�I- day of October, 2003, by -= :•,C a/� Fr�/HS , in his/her capacity as j/;ce /r seder,,& for and on '-"behalf:,of the Bank of Clarke County. q My commission expires: -IV Notary P lic 6 n =11 C.= C1 COMMONWEALTH OF VIRGINIA of Cit /Count f !! Y Y �i�u.11LhtO:"L , to -wit: Subscribed and sworn to before me this 2h_4 day of October, 2003, by H. Edmunds Coleman, III, Sole Acting Trustee. .�•`��je�������'' NIYr'oM �ISSIONEXPIRESJANUARY31,2005 �O�� ssion expires: co5�. SEAL T,� '• J : Notary Public . ���• � v�Q���� �'` lam' NO +++1y6•` CAPam's docs\Hales, Carl v. George Glaize\Declaration of Subdivision.09-15-03.doc 7 W G� A 0 Q � Q Rt6 Sulphur Sprig Rd. SL/phu� �nn9 Run t G� °9f 4. Re9i � 1�L0 t'tr poi yr t o t ndepe� S° a 00 k� ere ,pf y ROo a S TE 'pr Lick 'Q�m VICINITY MAP 1" = 2000' .. CD 1 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF CARL S. HALES, 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 at'6'v /4z� COMMONWEALTH OF VIRGII IA CITY / �GGUNTY OF k) i TIC-V E.f�bil- , TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS j� C �� DAY OF 0 C&&A- , 2003 BY Ortr ( 5. 1-4-1 LJ-S MY COMMISSION EXPIRES , a-O7 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND THE LAND CONVEYED TO CARL S. HALES OF RECORD IN THE FREDERICK COUNTY INSTRUMENT No. 03 ©n 2ZS« NOTARY .:PUBL460' FA CONTAINED IN THIS SUBDIVISION IS ALL OF BY DEED DATED ` ,✓ 2003 CIRCUIT COURT CLE K'S OFFICE AS -rj-.Q -A- 9-1--- RICHARD A. EDENS, L.S. CURVE DATA CURVE RADIUS ARC LENGTH_j DELTA ANGLE TANGENT I CHORD Cl 630.00' 543.93' 49'28'04" 290.22' N 86'31'43" E 527.19' A • LVll\11 1 1\LAl 1" = 2000' APPROVALS: 9G SE/a03 RED RICK COU ANITATION AUTHORITY DATE - >-, i7. at?&13 VIRGINIA DEPARTME)4T OF TRANSPORTATION DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE DATE: JUNE 26, 2003 FINAL SUBDIVISION F OF THE LAND OF SCALE: AS SHOWN CARL S. HALES DRAWN BY: MDR LOTS 11 17 FILE NO. 0518H WESTVIEW BUSINES%l SHEET 1 of 2 SHAWNEE MAGISTERIAL DISTRICT, FREDERIC ...- r........ - - 1.1-- -1 VL-v , LIJ%J OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. RICHARD A. EDENS, L.S. C-0 CURVE DATA CURVE RADIUS ARC LENGTH DELTA ANGLE TANGENT CHORD Cl 630.00' 543.93' 49'28'04" 290.22' N 86'31'43" E 527.19' C2 1080.00' 318.76' 16'54'39" 160.55' S 16'56'53" E 317.61' C3 55.00' 125.44' 130'40'47" 1 19.80' S 56'50'51 " W 99.97' C4 150.00' 89.96' 34'21'48" 46.38' N 80'23'08" E 88.62' C5 200.00' 119.95' 34'21'48" 61.84' N 80'23'08" E 118.16' C6 55.00' 57.08' 59'27'45" 31.41' N 37'17'55" E 54.55' C7 25.00' 32.95' 75'31 '21 " 19.36' N 29' 16'07" E 30.62' C8 1030.00' 304.00' 16'54'39" 153.12' N 16'56'53" W 302.90' C9 50.00' 83.45' 95'37'52" 55.17' N 26*33'12" W 74.10' C10 630.00' 34.17' 03'06'27" 17.09' S 70'17'29" E 34.16' C11 630.00' 126.83' 11'32'06" 63.63' S 77'36'45" E 126.62' C12 630.00' 256.03' 23'17'05" 129.81' N 84'58'39" E 254.27' C13 630.00' 126.89' 11'32'25" 63.66' N 67'33'54" E 126.68' C14 2332.03' 283.40' 06'57'46" 141.87' S 77'49'33" W 283.22' C15 2332.03' 306.95' 07'32'29" 153.70' S 70'3426" W 306.73' C16 2332.03' 115.06' 02'49'37" 57.54' N 79'53'38" E 115.05' C17 55.00' 62.76' 65'22'48" 35.30' N 25'07'22" W 59.41' C18 1055.00' 311.38' 16'54'39" 156.83' S 16'56'53" E 310.25 C19 2332.03' 475.28' 11'40'38" 238.47' N 72'38'30" E 474.46' PLAT =S 17 BS CENTRE :RICK COUNTY, VIRGINIA r �A -�,dL Z►-� RICHARD A. EDENS No.002550 D suF"q DATE REVISI 9/15/03 REVISED PER AGEN LOT 11 = 10.7394 ACRES LOT 12 = 4.1916 ACRES LOT 13 = 2.0256 ACRES LOT 14 = 1.9978 ACRES LOT 15 = 4.9959 ACRES LOT 16 = 2.9929 ACRES CD LOT 17 = 8.4566 ACRES BRANCH BANKING DRIVE R/W DEDICATION = +1.1382 ACRES TOTAL AREA SUBDIVIDED = 36.5380 ACRES 7.19' 7.61' .97' .62' B.16' .55' . 62' 2.90' ,10' .16' 5.62' 4.27' 3.68' 3.22' 3.73' 5.05' .41 ' ).25 1.46' REVISION 'ER AGENCY COMMENTS I LINE DATA LINE BEARING DISTANCE L1 S 06°29'23" W 79.10' L2 S 08`29'33" E 66.01' L3 S 82'25'58" E 93.56' L4 N 82'25'58" W 61.47' L5 N 08-29'33" W 20.56' L6 N 21'15'44" E 63.73' L7 S 11*20'07" W 73.12' L8 S 87' 18'52" E 43.40' L9 S 51'33'52" W 87.38' L10 S 47'37'46" E 59.88' L11 S 63'23'25" E 79.72' L12 S 63'12'06" W 32.10' L13 N 74'22'08" W 12.75' L14 S 08'29'33" E 32.01' L15 S 08°29'33" E 98.02' L16 S 81'30'27" W 30.00' L17 S 73'47'40" E 131.38' L18 S 46'1139" E 281.26' EASEMENT LINE DATA LINE BEARING DISTANCE E1 S 14°31'32" E 83.87' E2 S 75'28'28" W 50.00' E3 S 75'28'28" W 50.00' E4 N 14'31'32" W 80.12' E5 I S 85°31'34" W 146.77' tot� %4� Founded in 1971 Engineers Surveyors GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone 540-662-4185 FAX 540-722-9528 w NOTES THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. PARENT TAX PARCEL IDENTIFICATION: 64—A-159F ZONE: M1 CURRENT USE: VACANT THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. THE PROPERTY SHOWN HEREON IS SUBJECT TO A POTOMAC EDISON CO. R/W FOR POWER LINES OF RECORD IN DB 951 PG 116. DAY THE PROPERTY SHOWN HEREON IS SUBJECT TO COVENANTS AND RESTRICTIONS FOR WESTVIEW BUSINESS CENTRE OF RECORD IN DB 868 PG 1092, INCLUDING RESERVATION OF A 20' UTILITY EASEMENT ALONG EACH BOUNDARY LINE OF EACH LOT. LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE CE = CENTERLINE OF ROADWAY DHF = DRILL HOLE FOUND IN CONCRETE IRF = 1 /2" IRON REBAR FOUND (UNLESS OTHERWISE NOTED) PKF = P—K NAIL FOUND IN ASPHALT R/W = RIGHT OF WAY o = 1 /2" IRON REBAR & CAP SET (UNLESS OTHERWISE NTTED) AREA SUMMARY LOT 11 = LOT 12 = LOT 13 = LOT 14 = LOT 15 = LOT 16 = LOT 17 = BRANCH BANKING DRIVE R/W DEDICATION = TOTAL AREA SUBDIVIDED = LINE DATA 10.7394 ACRES 4.1916 ACRES 2.0256 ACRES 1.9978 ACRES 4.9959 ACRES 2.9929 ACRES 8.4566 ACRES +1.1382 ACRES 36.5380 ACRES LINE BEARING DISTANCE L1 S 06°29'23" W 79.10' L2 S 08'29'33" E 66.01 ' L3 S 82°25'58" E 93.56' L4 N 82°25'58" W 61.47' L5 N 08'29'33" W 20.56' L6 N 21' 15'44" E 63.73' L7 S 1 1 *?0'07" W 7 1.1 9' DOT —SHADED AREA DENOTES A VARIABLE WIDTH SHARED ACCESS AND SIGNAGE EASEMENT HEREBY ESTABLISHED TO BENEFIT LOTS 15 & 16. Obi 20' WATERLINE EASEMENT DB 868 PG 1105 v^`� LOT 14 ,J J 1.9978 ACRES ol .. ...... ,�.:. j.•..: • : �?�•' BRA IRF L 13 4 PARCEL 20Np T.M. 64-A-159D VIRGINIA APPLE STORAGE, INC. c;, oB Nqc. , 868 DB 868 PG 1105 PG's`�'yFti ZONE. M 1 USE- INDUSTRIAL _ m i f LOT w I 2.9929 1 mlI 100 0 100 GRAPHIC SCALE (IN FEET) i DATE: NNE 26, 2003 FINAL SUBDIVISION PI -Al OF THE LAND OF SCALE: 1"= 100' CARL S. HALES DRAWN BY: .MDR LOTS 11 - 17 FILE NO. 0518H WESTVIEW BUSINESS SHEET 2 of 2 SHAWNEE MAGISTERIAL DISTRICT, FREDERICK Cl FUENI N W m 3 to A MM v N vJ C4 L___?2*o2'50 5' BRL W �406 40•392.75 _ ?5' BR�45 (TOTq�� 5p94' S' BR LOT 15 4.9959 ACRES N / m ...1XION N m i N ElASEMENT AB T 0 PG 990 i i �_25' S 1556 25-` ` _ Ic\.. BRA �� _ 1,1O OTPI.) oSN718g 1U COME _LOT 16 A pAlloPG99 ►.9929 ACRES A-15 A 'I AUv GRIN 64' IRP�o 25e�3g6a l pj693 1�REGI99 NGNESRpg B�640MZON vACANt NOTE USE' SEE DEED BOOK 840 AT PAGE 990 FOR DETAILS RELATED TO AVIGATION EASEMENT SHOWN ABOVE. SAID EASEMENT RELATES TO ELEVATION AND BUILDING HEIGHT RESTRICTIONS AND DOES NOT PRECLUDE BUILDING CONSTRUCTION WITHIN THE EASEMENT. I P LAT �p,LTH ply, DATE REVIS' o�yi Irf� 9/15/03 REVISED PER AGE( 17 RICHARD A. EDENS No.002550 SS CENTRE ���91o5fo3 _RICK COUNTY, VIRGINIA d SURN� 66 ZIP -� LOT 17 / 8.4566 ACRES z O v, POND ¢ \� o�CA. . EMENT IRF W a (g0 90 IRF T.M. 64-A-159C WINCHESTER REGIONAL AIRPORT AUTHORITY DB 781 PG 1427 ZONE- RA USE. VACANT VISION AGENCY COMMENTS Ala IRF CD Z N N ��N i Q��L..,j � N C�k A � �lJ O IRF 54'INGRESS/EGRESS EASEMENT TO ROUTE 645 DB 707 PG 780 i 683'f TO ROUTE 645 AIRPORT ROAD GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 Engineers Telephone 540-662-4185 Surveyors FAX 540-722-9528 BF6��gN o DOT -SHADED AREA DENOTES A 100' SHARED ACCESS fASEMEN HEREBY ESTABLISHED TO BENEFIT LOTS 13 & 14. DOT -SHADED AREA DENOTES A VARIABLE WIDTH SHARED ACCESS AND SIGNAGE EASEMENT HEREBY ESTABLISHED TO BENERT LOTS 15 & 16. Obi IRFJ LOT 14 i J 1.9978 ACRES 80 0' -4 1 ,..:. .. 0 9• S O >>?, B'l j..... 1h ' ! .... l� N IRF S 25'24'12' E - X S 2524'12" E - 373.11' S 25'24'12" E - LU it =y —---------- ,•- N 1 I Zo I I 75' BRL I 20' STORM DRAINAGE EASE! �c^o IRF I DB 895 PG 107 I m LOT 13 �I 1 2.0256 ACRES � E1 ' F'•.f.•:.•.•.•.. Wes_ 25• BR } _ '- Q• �� I �20' SAN. SEWER EASEMENT INST. No. 01000615J ) 00 A C9 IRF L 13 �2WATERLINE EASEMENT DB 868 PG 1105 h V LOT 10 T.M. 64—A-159S BRANCH BANKING AND TRUST COMPANY OF VIRGINIA-. INST. N0. 010008 162 ZONE. M 1 USE- COMMERCIAL U f BRANCH BANKING DRIVE 50 RIGHT OF WAY CONTAINING 20' STORM DRAINAGE EASEMENT 1.1382 ACRES HEREBY INST. No. 010008162 , DEDICATED TO FREDERICK / COUNTY FOR PUBLIC STREET PURPOSES. � F GEMS' 01�3p1 ,� 2 _ E — 309.23 1RF -- i STO RMW No• — 373.11 ' I INS I 7 QC.7 31.84' 4RL ---- iNAGE EASEMENT 7,5 BR— 3o' SAN. SEWER & 13 1 INGRESS/EGRESS EASEMENT ACRES m 1 INST. No. 01000615J .314. 49, V ;� N EMENT L5-1 �� v cr_ LOT 12 4.1916 ACRES m N 3 2525' �-- 406 4Q, �! '5146,49" >; — 457„3¢ 25' BRZ� ( LOT 15 4.9959 ACRES tI u m W � N cd N � — 25' BRL N 22#02,50" W 5094, 25' BR— L /Z ION SEMENT DB ST40 PG 990 \� 20' SAN. SEWER EASEMENT INST. No. 010006153 � � l �) 30' SAN. SEWER & INGRES OEGRESS FIISEMENT7 _ _ _ INST. No. O10 06153 — _ — — /RF PUMP _ S 22'36'40" E _ 49520' STATION LOT 25 BR-' � — -_ sc (010008 155 'o. 03001 3 i ADDITIONAL STORMWATER MANAGEMENT / EASEMENT RESERVATION SEE INST. No. 0JO022516 V j O U ll LOT 11 10.7394 ACRES o C9 oZ N BRL N 2546'12" W 262.92' 25' BRL � i oor r5' -� LOT 17 / 8.4566 ACRES z �Wo POND ¢ \� ' MENT IRF W o 'g0 o�^o 2. d J -1 6h��•p�pp�y0 �P� lRF 5 tips/ O 1 1 3 0 o M ti v C:D..,ter �r VIROINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on 3 �,. at t led ackn was admitted to record T her�!e exe?d and with certificate ofoirnp used by Sec. 58.1-802 of $ , and 58.1-801 have been paid. if assessable �� �� Clerk w C-0 C3 02 4242 THIS DECLARATION OF SUBDIVISION PLAT, DEED OF DEDICATION AND RESERVATION/ IMPOSITION OF UTILITY EASEMENTS, made and dated this 2„d day of October, 2003, by CARL S. HALES ("Hales") and THE COUNTY OF FREDERICK, VIRGINIA, with the consent and approval of the BANK OF CLARKE COUNTY and H. EDMUNDS COLEMAN, III, Sole Acting Trustee. WHEREAS, Hales, by virtue of that certain Deed from Westview Business Centre, LC, dated September 30, 2003 recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 030022516, is the owner and proprietor of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 36.5380 acres (T.M. 64-A-159F), being more particularly described on that certain "Boundary Line Survey and Easement Plat of the Land of Westview Business Centre, LC" made by Richard A. Edens, L.S., dated September 10, 2003 and attached to the aforesaid Deed; and WHEREAS, Hales desires to subdivide said tract into seven (7) Lots, more particularly described as follows, and as more particularly depicted on that certain plat made by Richard A. Edens, L.S., dated June 26, 2003 and revised September 15, 2003, entitled "Final Subdivision Plat of the Land of Carl S. Hales, Lots 11-17, Westview Business Centre" (hereinafter, "the Final Subdivision Plat") attached hereto and by reference made a part hereof- 0 Lot 11 — 10.7394 Acres; 0 U ti .- co a M N Lot 12 — 4.1916 Acres; a) C RCN o .� QQ U a):2 U) Lot 13 — 2.0256 Acres; a,o'5-�� m o Lot 14 — 1.9978 Acres; EccU-c �01 mrn . Lot 15 — 4.9959 Acres; aa) Lot 16 — 2.9929 Acres; CD CON Lot 17 — 8.4566 Acres; and WHEREAS, Hales desires to dedicate that portion of the tract depicted upon the Final Subdivision Plat as "Branch Banking Drive — 50' Right of Way containing 1.1382 acres" for public street purposes; and WHEREAS, the aforesaid seven (7) Lots are subject to certain restrictive covenants as noted hereinafter; and WHEREAS, Hales desires that each of the aforesaid seven (7) Lots shall be mutually subject to and benefited by the reservation and imposition of the utility easements more particularly described in Paragraph 4 hereafter to assure the reasonable and adequate development of each of the said Lots. NOW, THEREFORE, THIS DECLARATION OF SUBDIVISION PLAT, DEED OF DEDICATION AND RESERVATION/IMPOSITION OF UTILITY EASEMENTS, WITNESSETH: That for and in consideration of the premises and the aforesaid, Hales, as the owner and proprietor, and with his consent and in accordance with his desire, does hereby: Subdivision - Declare that said subdivision is made with his free consent and in accordance with applicable State and County of Frederick statutes and ordinances, and does hereby subdivide the property into the seven (7) Lots created, shown and identified on the attached Final Subdivision Plat located in Shawnee Magisterial District, Frederick County, Virginia and hereby creates and establishes the easements (specifically including the "100' Shared Access Easement to Benefit Lots 13 & 14" and the "Variable Width Shared Access and Signage Easement to Benefit Lots 15 & 16") shown and described on said Final Subdivision Plat. 2. Dedication - Grant, convey and dedicate unto the County of Frederick, Virginia and to the public the road shown and depicted on the Final Subdivision Plat as 2 ce` "Branch Banking Drive, 50' Right of Way containing 1. 13 82 acres" for public Street purposes. Reservation/Imposition of Utility Easements Upon Lots 11-17, Inclusive — Reserve and impose utility easements in accordance with the following: The reasonable and appropriate development of Lots 11-17 will require and include the extension of various utilities, including, without limitation, water, sewer, storm sewer, electric, telephone, cable, fiber optics, gas, and similar utilities. Pursuant to section 1.11 "Reservation of Utility Easements" contained in the Vacation of Restrictive Covenants and Substitution of Restrictive Covenants, dated October 10, 1996 and recorded in the aforesaid Clerk's Office in Deed Book 868, at Page 1092, each Lot created hereby is subject to a twenty foot (20') wide easement contiguous to each boundary line of each Lot, and wholly within each such Lot, for installation and maintenance of underground utility easements. In addition thereto, and as a mutual and reciprocal easement, covenant and servitude binding upon, and benefiting, each of Lots 11 — 17, Hales hereby reserves, retains and imposes upon each and every one of said Lots (being Lots 11-17) the mutual and reciprocal right and obligation for the reservation and granting of reasonable easements for the installation, construction, extension of, and the connection to, various utilities (including, without limitation, water, sewer, storm sewer, electric, telephone, cable, fiber optics, gas and similar utilities), including the construction, installation and extension of mains, laterals and other utility lines, and the maintenance thereof, and the grading and provision for storm water drainage systems, to be located and installed in, over, across CD CIO and upon the various Lots to assist in and to enhance the development of the various Lots. Any such easement shall be located on any particular lot within the area thereon reserved as the building setback/building restriction line area, which area is designated as "BRL" as depicted on the Final Subdivision Plat. An easement shall be deemed to be "reasonable" if the construction, installation and maintenance of such easement does not unreasonably interfere with the use and development of the Lot(s) affected by the easement and through which the easement is located. An easement shall also be deemed "reasonable" to the extent that it is in form and content, with similar easements approved and/or utilized by the applicable governmental agencies or providers of public services to which the easement relates. Any such easement shall provide that the person/entity directing the entry upon any such easement shall be required to restore the land subjected thereto at such person's/entity's expense to as nearly as practicable the conditions existing prior to the entry, installation or maintenance; such restoration shall include backfilling of trenches, replacement of fences, resodding of lawns and replacement of shrubbery, but not the replacement of natural obstructions. Any affected Lot owner shall, within twenty five (25) calendar days following submission by any other Lot owners, execute such reasonable applications, easements, deeds, plats, licenses, and/or other instruments presented to effect and support the creation, establishment, grant, construction and installation of the easements described in this Paragraph 4. The land herein being subdivided and the boundaries thereof, the road (Branch Banking Drive) being dedicated herein, and the easements created herein (other than the utility easements El v reserved/imposed pursuant to Paragraph 4 herein above) are shown on the attached Final Subdivision Plat, which Plat is expressly incorporated herein by reference and made a part hereof. Hales hereby requests that the proper official(s) designated by the County of Frederick, Virginia approve of and endorse said Final Subdivision Plat so that it may be recorded in the Clerk's Office of the Frederick County, Virginia. The subdivision of the land as shown on the Final Subdivision Plat is with the free consent and in accordance with the desire of Hales, being the owner and proprietor of the land being subdivided, and is in conformity with the provisions of law as are applicable, together the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The Bank of Clarke County and H. Edmunds Coleman, III, Sole Acting Trustee, being, respectively, the beneficiary and sole acting Trustee pursuant to that certain Deed of Trust dated September 30, 2003 and recorded in the aforesaid Clerk's Office as Instrument No. 030022517 granted by Hales and creating a lien on the 36.5380 acre tract, join in this instrument for, and in order to accomplish, the following: (a) To evidence their consent to, and approval of, the subdivision of the tract into the seven (7) Lots (Lots 11-17); (b) To evidence their consent to, and approval of, the dedication of Branch Banking Drive for public street purposes and to hereby Release the 50' wide right of way containing 1. 13 82 acres included in said Branch Banking Drive from the lien of said Deed of Trust; (c) To evidence their consent to, and approval of, the shared access and signage easement established to benefit Lots 15 and 16 and the 100' shared access easement established to benefit Lots 13 and 14, as described on the Final Subdivision Plat; and (d) To evidence their consent to, and approval of, the reservation and imposition of the utility easements as described in Paragraph 4 hereinabove. WITNESS the following signatures and seals: (SEAL) Carl S. Hales BANK OF CLARKE COUNTY B�SEAL Y• (SEAL) Title: H. Edmunds Coleman, III, Sole Acting Trustee COMMONWEALTH OF VIRGINIA, CITY/COUNTY of l;� i n c. l l l s t e (L. , to -wit: pN �Skrb cribed and sworn to before me this �� pti S'� Z day of October, 2003, by Carl S. Hales. 5 P,1Y COMMISSION EXPIRES JANUARY 31, 2005 .: -6,0, 49.cornmission expires: C O! -.5 A -, NOTPS' '4!d1VI`MONWEALTH OF VIRGINIA CITY/COUNTY of CZV p , to -wit: % J 1 •`/ ary P blic Subscribed and sworn to before me this 1'1� day of October, 2003, by " 0,7 /e ,-i j/S , in his/her capacity as Vice ireslilewc` for and on behalf of the Bank of Clarke County. Y commission expires: �y4, f .?/ d 6l V Z (TYYJG'Ll�Y7 OF Notary PL611C C n-.-qq5 l'+'1 COMMONWEALTH OF VIRGIMA City/County of LOC Pi ,,L , to -wit: Subscribed and sworn to before me this /ZhL day of October, 2003, by H. Edmunds Coleman, III, Sole Acting Trustee. .�p }F� ' ssion expires: "DIY COMMISSION EXPIRES JANUARY 31, 2005 J ' — S : O �� Notary P .'lic . N, s'P41% fill� CAPam's docs\Hales, Carl v. George Glaize\Declaration of Subdivision.09-15-03.doc 7 O W Ul 0 Rc Sulphur SPrin9 Rd. SL/phui �r+n9 Run 06 E G� eet 'U ',Dorr � a �e°gacac o db a ndepe� ��s• .pr eyR� a 'pr Lfck .p„' VICINITY MAP 1" = 2000' -f CD j C Un OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF CARL S. HALES, 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 / -G�NTY OF L I IICA 54— TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ' r �,� DAY OF D 1lkbt-A- , 2003 BY Ntr ( S . lki L'S MY COMMISSION EXPIRES 014315f , a—O% SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAN THE LAND CONVEYED TO CARL S. HALES OF RECORD IN THE FREDERICK COUNTY INSTRUMENT No. o3On2.2-S(b D I U v CONTAINED IN TH S SUBDIVISION IS ALL OF BY DEED DATED .r 3 0 , 2003 CIRCUIT COURT CLE K'S OFFICE AS RICHARD A. EDENS, L.S. CURVE DATA CURVE I RADIUS I ARC LENGTH DELTA ANGLE I TANGENT I CHORD C1 I 630.00' 543.93' 49*?R'n4" I g4n gg' I N Rw.'i11d-v" F 1" = 2000' APPROVALS: RED RICK COU ANITATION AUTHORITY y VIRGINIA DEPARTM OF TRANSPORTATION FREDERICK COUNTY SUBDIVISION ADMINISTRATOR 14G DATE Qq&JV,3 DATE / 02 o3 DATE C-0 DATE: JUNE 26, 2003 FINAL SUBDIVISION F OF THE LAND OF SCALE: AS SHOWN CARL S. HALES DRAWN BY: MDR LOTS 11 17 FILE NO. 0518H WESTVIEW BUSINES%l SHEET i OF 2 SHAWNEE MAGISTERIAL DISTRICT, FREDERIC OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. juQ "L. QL" RICHARD A. EDENS, L.S. CURVE DATA C-0 c• CURVE RADIUS ARC LENGTH DELTA ANGLE TANGENT CHORD Cl 630.00' 543.93' 49'28'04" 290.22' N 86'31'43" E 527.19' C2 1080.00' 318.76' 16'54'39" 160.55' S 16'56'53" E 317.61' C3 55.00' 125.44' 130'40'47" 1 19.80' S 56'50'51 " W 99.97' C4 150.00' 89.96' 34'21'48" 46.38' N 80'23'08" E 88.62' C5 200.00' 119.95' 34'21'48" 61.84' N 80'23'08" E 118.16' C6 55.00' 57.08' 59'27'45" 31.41' N 37'17'55" E 54.55' C7 25.00' 32.95' 75'31'21 " 19.36' N 29' 16'07" E 30.62' C8 1030.00' 304.00' 16'54'39" 153.12' N 16'56'53" W 302.90' C9 50.00' 83.45' 95'37'52" 55.17' N 26'33' 12" W 74.10' C10 630.00' 34.17' 03'06'27" 17.09' S 70'17'29" E 34.16' C11 C12 630.00' 630.00, 126.83' 256.03' 11'32'06" 23'17'05" 63.63' 129.81' S 77'36'45" E 126.62' N 84'58'39" E 254.27' C13 C14 C15 630.00' 2332.03' 2332.03' 126.89' 283.40' 306.95' 11*32'25" 06'57'46" 07'32'29" 63.66' 141.87' 153.70' N 67'33'54" E 126.68' S 77'49'33" W 283.22' S 70'34'26" W 306.73' C 16 C17 2332.03' 55.00' 1 15.06' 62.76' 02'49'37" 65'2248" 57.54' 35.30' N 79'53'38" E 1 15.05' N 25'07'22" W 59.41' C18 C19 1055.00' 2332.03' 311.38' 475.28' 16'54'39" 11'40'38" 1 156.83' 238.47' 1 S 16'56'53" E 310.25 N 72'38'30" E 474.46' PLAT S 17 '3S CENTRE RICK COUNTY, VIRGINIA NLTH RFD f RICHARD A. EDENS a No.002550 r � 1 , slog 1 SURvi.0O DATE REVISI 9/15/03 REVISED PER AGEN 7.19' 7.61' 97' 62' 3.16' 55' 62' ?.90' 10' 16' i.62' L27' i.68' i.22' >.73' >.05' 41' ►.25 REVISION 'ER AGENCY COMMENTS LOT 11 = LOT 12 = LOT 13 = LOT 14 = LOT 15 = LOT 16 = LOT 17 = BRANCH BANKING DRIVE R/W DEDICATION = TOTAL AREA SUBDIVIDED = LINE DATA 10.7394 ACRES 4.1916 ACRES 2.0256 ACRES 1.9978 ACRES 4.9959 ACRES 2.9929 ACRES 8.4566 ACRES +1.1382 ACRES 36.5380 ACRES LINE BEARING DISTANCE L1 S 06'29'23" W 79 10' L2 S 08'29'33" E 66.01' L3 S 82'25'58" E 93.56' L4 N 82'25'58" W 61.47' L5 N 08'29'33" W 20.56' L6 N 21' 15'44" E 63.73' L7 S 1 1 *20'07" W 73.12' L8 S 87' 18'52" E 43.40' L9 S 51'33'52" W 87.38' L10 S 47'37'46" E 59.88' L11 S 63'23'25" E 79.72' L12 S 63'12'06" W 32.10' L13 N 74'22'08" W 12.75' L14 S 08'29'33" E 32.01' L15 S 08'29'33" E 98.02' L16 S 81'30'27" W 30.00' L17 S 73'47'40" E 131.38' L18 S 46*11'39" E 281.26' EASEMENT LINE DATA LINE BEARING DISTANCE E1 S 14'31'32" E 83.87' E2 S 75'28'28" W 50.00' E3 S 75'28'28" W 50.00' E4 N 14'31'32" W 80.12' E5 S 85'31'34" W 146.77' Founded in 1971 Engineers Surveyors GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone 540-662-4185 FAX 540-722-9528 NOTES THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. PARENT TAX PARCEL IDENTIFICATION: 64—A-159F ZONE: M 1 CURRENT USE: VACANT THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. THE PROPERTY SHOWN HEREON IS SUBJECT TO A POTOMAC EDISON CO. R/W FOR POWER LINES OF RECORD IN DB 951 PG 116. DAY THE PROPERTY SHOWN HEREON IS SUBJECT TO COVENANTS AND RESTRICTIONS FOR WESTVIEW BUSINESS CENTRE OF RECORD IN DB 868 PG 1092, INCLUDING RESERVATION OF A 20' UTILITY EASEMENT ALONG EACH BOUNDARY LINE OF EACH LOT. LEGEND _ BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE GL = CENTERLINE OF ROADWAY DHF = DRILL HOLE FOUND IN CONCRETE IRF = 1 /2" IRON REBAR FOUND (UNLESS OTHERWISE NOTED) PKF = P—K NAIL FOUND IN ASPHALT R/W = RIGHT OF WAY o = 1 /2" IRON REBAR & CAP SET (UNLESS OTHERWISE NTOED) AREA SUMMARY LOT 11 = 10.7394 ACRES LOT 12 = 4.1916 ACRES LOT 13 = 2.0256 ACRES LOT 14 = 1.9978 ACRES LOT 15 = 4.9959 ACRES LOT 16 = 2.9929 ACRES LOT 17 = 8.4566 ACRES BRANCH BANKING DRIVE R/W DEDICATION = +1.1382 ACRES TOTAL AREA SUBDIVIDED = 36.5380 ACRES LINE DATA LINE BEARING DISTANCE L1 S 06'29'23" W 79.10' L2 S 08'29'33" E 66.01' L3 S 82'25'58" E 93.56' L4 N 82'25'58" W 61.47' L5 N 08'29'33" W 20.56' L6 N 21' 15'44" E 63.73' LOT 14 1.9978 ACRES B .Op , DOT -SHADED AREA DENOTES �` ' ' So 9• S' A VARIABLE WIDTH SHARED ACCESS AND SIGNAGE EASEMENT HEREBY ESTABLISHED � 3 TO BENEFIT LOTS 15 & 16. .. �.............. [ 20' WATERLINE EASEMENT DB 868 PG 1105 . `r ?s ..:..:. `4p C9RFJ L 13 IRF 1\\ z� 59 h V 1 PARCEL 2 T.M. 64 A-159D V/RGIN/A APPLE STORAGE, INC. c;, oe'c� . . D8 868 PG 1105 869 PFME'� ZONE. M 1 USE' INDUSTRIAL _ LOT w 2.9929 100 0 100 GRAPHIC SCALE (IN FEET) DATE: NNE 26, 2003 FINAL SUBDIVISION P LA1 OF THE LAND OF SCALE: 1 "= 100' CAR L S . HALES DRAWN BY: .MDR LOTS 11 - 17 FILE NO. 0518H WESTVIEW BUSINESS SHEET 2 of 2 SHAWNEE MAGISTERIAL DISTRICT, FREDERICK Cl FUENT f , �5'444�4, 6'4g" - — 45j3 25' g�,�'-� i LOT 15 4.9959 ACRES SIN MR OI N S 15.56 S E BR= 1>0 25`� cF�.. �10 LOT 16 AVIOA�A4 PG 990 �T3Z m N ..9929 ACRES �a s4'A� IRP� 25, gR�36 68 M. � A & TER RE g00 pG G 9990 / wINGNEs 0gpg 84 NE M,Nt � Z� VAGA NOTE �$E SEE DEED BOOK 840 AT PAGE 990 FOR DETAILS RELATED TO PLAT Z) CA) ____?5' BRL M 22-02'50" W _ .392.75' -- AUVORI1-Y AVIGATION EASEMENT SHOWN ABOVE. SAID EASEMENT RELATES TO ELEVATION AND BUILDING HEIGHT RESTRICTIONS AND DOES NOT PRECLUDE BUILDING CONSTRUCTION WITHIN THE EASEMENT. :S 17 3"I'S CENTRE RICK COUNTY, VIRGINIA � TH O �F�Q l U RICHARD A. EDENS 9 No.002550 5' BRL- - ./X EMENI tIONPF S ADo 840 g90 ///A / //� DATE REVIS 9/15/03 REVISED PER AGES z xl% � 66'y / � N T5' vm IRF LOT 17 CIS / 8.4566 ACRES z I � o � �Wo _ Z o� POND EMENj C- 2 i�homCo NJ .Z P � W�W� b Qco a ~�(6CA: mo�Z I �O N IRF N ,? 19�>1 p `Y IRF I T.M. 64-A-159C I 54' INGRESS/EGRESS WINCHESTER REGIONAL AIRPORT AUTHORITY — E4SEMENT TO DB 781 PG 1427 I ROUTE 645 ZONE. R4 DB 707 PG 780 USE- VACANT I 683t TO I ROUTE 645 AIRPORT ROAD i NGENCISIN GREENWAY ENGINEERING4GENCY COMMENTS 151 Windy Hill Lane lk,WV Winchester, Virginia 22602 Founded in 1971 Engineers Telephone 540-662-4185 Surveyors FAX 540-722-9528 B�6/OqN IRF _ IRF S 25 24 12 E , S 25724'12" E — 37.3 11 S 25'24'12" E.:It N I I 2 p I I 75P BRL 0 / I 20' STORM DRAINAGE EASI IRF I DB 895 PG 107 LOT 13 1 2.0256 ACRES DOT —SHADED AREA DENOTES A �. .I E1 100' SHARED ACCESS EASEMENT HEREBY ESTABLISHEDIN L07T 0 � BEFIT I •. •,{ ; 14. Qo I I 5'eR � 20' SAN. SEWER EASEMENT (C i �O^ ry l I INST. No. 010006153 /�% !ti 5 V, v LOT 14 Q�JA�Cb i J 1.9978 ACRES m v o, DOT —SHADED AREA DENOTES A VARIABLE WIDTH SHARED ACCESS AND SIGNAGE '���'j': , • ��' E `�¢6,3 V EASEMENT HEREBY ESTABLISHED 0 •' S' �/ TO BENEFIT LOTS 15 & 16. 1h . r.•::::.•:::.�.. '�� s BRA \ s �S tea, ....•:. ��• 1' N IRF L 13 JO d 6 20' WATERLINE EASEMENT e - IRF DB 868 PG 1105 + LOT 10 T.M. 64 A-159S BRANCH BANKING AND TRUST COMPANY OF VIRGINIA�� INST. NO. 010008162 ZONE: M 1 USE.- COMMERCIAL BRANCH BANKING DRIVE 50 RIGHT OF WAY CONTAINING 20 STORM DRAINAGE 1.1382 ACRES HEREBY F4SEMENT INST. No. 010008162 DEDICATED TO FREDERICK j COUNTY FOR PUBLIC STREET F GEM 2 E - 309.23 /RF = PURPOSES — W T R 0100 N p3, — 373.11 ' C2 _ _ �-- — 1 STORM INS S F_12' E - 306.66' ' 31.84' IRL NAGE EASEMENT 75' BR� 30' SAN. SEWER & ' 13 INGRESS/EGRESS EASEMENT ACRES INST. No. 01000615J LOT 12 4.1916 ACRES 25 19 ` 406.¢p 49, 25' 7j; i LOT 15 4.9959 ACRES Z �s L5-X �X �° v . 3 )�4 _ _ 25' 8RL N 22'02'50' W - 392.75' SEMENT ApB 8T40NPG 990 \� 20' SAN. SEWER EASEMENT �,\ \ INST. No. 010006153 I%) 30' SAN. SEWER &INGRESS/EGRESS F�ISEMENT� I r _ — — — INST No_0I0006153 _ — — — — — IRF FCSA PUMP S 22 36'40" £ - 495.20, STATION LOT r/t F�SEM T J --��-- 25 BR�" � i �< NT !o, � " I--,p1p �p��55 I � � � p3 ADDITIONAL STORMWATER MANAGEMENT EASEMENT RESERVATION i SEE INST. No. 030022516 1 1 LOT 11 10.7394 ACRES 6 66� 5' ._ I _777�x 25' BRL N 25'46'12" W 262.92' 25' BRL -� LOT 17 / 8.4566 ACRES o �Wo �- POND Q \� RENT 0 C:D V1RCiINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on O—QL at and with certificate of acknowledgement thereto nnexed was admitted to record. T imposed by Sec. 58.1-502 of $ , and 58.1-801 have been paid, if assessable ��� , Clerk COMMONWEALTO'OF VI NIA, CITY / ee OF To WIT. THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 4e O OF 0 0 c.) UE 6s-A-12M S 64'1348' W T4I 6t A-r734 AE r 4 9Z96 toUmE W. wteraey D9 AC G2I AG 1 il�ME Ail ia£ IOIGyy/ 2MF RA Us£• RE= zoW 62 SEE Dam oorSAEFT / FM ARFA ON-" 3 I j I 1 30' S 4N. SEWER & Alp. 0100061M l LOT 10 /ti , NEW TAX Q PARCEL b� 64—A-159S 12.0000 ACRES 20' S7171Rw VA*7 4QE De N5 PC ro7 RENDNCo 1JRl VE aB e95 1 o' R/w 200 0 200 GRAFHIC SCALE (kV FEET) FlNAL SUMMSION PLAT LOT 10 WESTVIEW BUSINESS CENTRE N 46*11 *390 W ^281.26 ►A?s N 73'47'40' W ps k97 N 08'2933' W 66.01 a FUnW s7RIEEr - r o fI ESFAMS►W >n �s , aomvv Lor is 3 I jig N �I I De 05 PG 107 PI2 N 61'47'41 ' £ M23' mmm SEE SHEET 3 FOR CURVE a4TA, LINE a4TA L£GEAV AND NOIFS SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, YIRGINIA SCALE: V a 200, DATE: MAY 7, 2001 151 Wbk*JwL w F.rr�vmrs Wirerlir W, 22�602 wv�T (�662-4185 FAX (5 0) 722-9328 Faar" is 1977 www.lpne "*wy4mc m MARK D.-SMI' No.002009 S•7��t F3015 SHZET 2 OF 3 w O W r11P /F nATA CURVE DELTA L RADIUS I ARC LINGTH I TANGENT CHORD C1 M5439 I 1087.00 318.76 160.55' 1 N 16'5653 W 377.61' C2 23'5145 1 J25.00 46&54 237.71 N 73'4333 E 465.16 / IAIF !]ATA 1/NE BEAR/NG OK47ANCE L 1 S 5F 17 31 W 45'B4 L2 S 33'42 29 E 28.00 L3 N 56'1731 E 35.46 14 S IX1126 E 31.03 L5 N 06'29 23 E 79.10 BRL = BU/rLDM RESiI?AC M LINE PER CURRLNr Z0AW#G ORDIAANCE IRF - 518" IRON REW FOUND IRS = 112" YM REMR do G4P SET T.AL 65-A-12o4 EO �M SOV 924 ZONE A4 UX WICWT F.C.SA PLMAo `�/ ; MS STAMW LOT NP5 our Na 01000 M Q nil LOT i 10 ti ,Ylo ri SGLE• I- s 60' r .i7.g 1. THE BOUASW MORM4TION 90M HEREON IS 64SED ON A CUR1RENr RELD SURVEY 6Y THIS F)RM. 2. NO ME REPORT fL ?N5hW MSDA90S MY EXIST WHICH ARE NOT SHOWN. J. THE PROPERTY SHOWN HERM IS SUB"T TO A 20' MUM UTILITY EASEMENT RESERVATION ALONG ALL LOT LMS, WIWY WffW EACH LOT, AS PER RESTRICTIVE COM"YrS OF RECORD IN DEED BOOK 868 AT PAGE 1082. RNAL SUBWhS10N PLAT LOT 10 T WESTVIEW BUSINESS CENTRE SHAW01E1 MAGMERW' OCST • PREDS;= COUNTY. MRGIN MARK D. SMITH 5: SCALE: i" 80 DATE: MAY 7. W01 No.002009 GRF��AY EN#iiM1E� f o � 151 ft ImLw,aIN sv1; PAX ($W) 7119328 J%wWW Dt 1971 13015 SHEET 3 OF 3 0 a r TM.. 65-A- f2ail Gavem � M04 QSW I S 64'1348' W ut 6#-A-1751 97.96' LOOSE w. kqam 09 ros PG I 49 =3 PG 40 9' ,�• W � �^%Taw/t m MINN �Fi15awsvT OF LOT 10 T.M. 64--A--159S 12.0000 ACRES CUMMOK OF 20' 57vm aluvwE EMIdOff Items, 20' X 20' Sn7W E+IS Iw ARC = 10 00'- 4---- "'�•.. � RourE ro SCE DRIVE e9s Fp 707 0 • R/W 200 0 zoo GRAPHIC SC ILE ON FEET) N 46*1139' W 281.26' 00r ARFA AMO= A VA OME MTN $94RED GEWaff MWWWr � arA&SHM TO SENOV LOT 10 A1p OEYI Ew BMW= C MK LG 5 N 73'47'400 W 131:J8' „ N =933' W 66.Oi` L).TO'SML SEWER L---- /Ess M%VCW I I #ZT At& 010=15i I3 I I II �N (�&SEMENr to I I 00 e9s PO 107 � I i I .N1 m SEE SHEETS 2 3 FOR CURVE WA UNE DATA, AND NOTES: EASEMENT PLAT LOT 10 WESTVIEW . BUSINESS CENTRE SHAWNEE MAMSTERIAL DISTRICT, FREDE'RICK COUNTY, VIRGINW' SCALE: 1 20o' T DAT$: NAY so, 2oo1 GR�ft iM'AY ENIN ilfl#�m 1.11 =Lia e i 1 FAX (50) 7JM"M Faun" in 1971 MARK 0. SMITH No.002009 �lj, O1 s,_ 1t� _�ci ram sHmsr i or 3 r1 /RW 124TA CURVE DATA MOUS I ARC LE7WH I TANGENT I CFfORID Cl 16'54 39 f08Q00 1 31&76 t6Q55 N 16-56 W 317.61 C2 2X5145 11Z,7.00 46&54 237.71 N 7Y433J £ 465.16 11A1F' nArA LINE 8FARIA�G WANCE Ll S ZW1731W 1 4&94 12 S 33'42 9 £ 2&00 L3 N 5rfrJlo E 3146 L4 S lrl1 26 E 31.03 L5 N 06W 23 f 797 0 F.GSA PUMP STA70V LOr MIST. Ab. 010006153 e �+ cn vp 44 LN TN. 65-A-1204 GEORGIMI E WLSON OB 433 PC 624 LOT 10 � of 1 EASEMENT PLAT LOT 10 WESTVIEW BUSINESS CENTRE SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 " — 80' DATE IUY 30, 2001 E Braided in On 1511 JMLAW wkwwww. mob* PAX (540) W-9= www4remwayow c1aal w SCALE (Mr FEAT) MARK D. SMITH 5 No.002009 S-30-G 1 4 sult,4 F3015 SHEET 2 OF 3 20' S70RM DRAIntAG'E EASEM 474T CENTERLINE 44TA o 1 S OS'S3 41 E 156 33 � E7 S 64�5 49 E t 07.75 N LINE �AR1iMG DISTANCE F £3 S l3'f9 31 £ 300.00 E4 S 1115521 E 19000 E5 S 4 f 0? 30 E 67.69 E6 S 25-42 E f f7.92 STORMW? MANAG&IOW EASEMOVT UNE WA LINE BEARIfMG DISTANCE E7 S I 1 W5 2 f f 30.70 E8 S 130f 0 W Z5.29 E9 S 15-42 43 E 6agi, E10 S 08'0 13 E 1031 Ef 1 S 0073 06 E 207.10 E12 S 5372 45 W hM.i? EIJ N 527 7 W IU44 E14 N J-71920 W 17-0.59 E15 N Or34 &5 W 3d 62 E16 J N 64'1 56 E 2656 Ef7 S 5r49 E 96.92 E18 S U2429,E t2a28 E19 N =2 15 E --A43 E20 N 0742 10 E 1J&71 E21 N OX19 52 W 120.84 E22 I N 48-38 3i E 4CX09 E23 N 7804 J9 E 2R00 N 1. CURRENT OWNER OF RECORD - W£STVIEW BUSINESS CENTRE, L.C. - SEE DB 902 PIG 593. SEE ALSO SUODMSM PLAT FOR LOT 10 - WESnIEW BUSAMM CENTRE Q4TA7 NAY 7, 2001 (NOT A NATTER OF RECORD AS OF T WS OJ47E). 2. SHOWN ON THIS PLAT ARE 7WO STORM OR4UMGE EASEMENTS, 20 FEET IN WIDTH, OVER LOT 10 TMT ARE HEREBY RESERVED BY WESTMEW BUSINESS CENTRE, L.C.. 3 ALSO SHOWN ON THIS PLAT IS A W4RME W107H SHARED STORMWATER M"GEMENT EASEMENT 014<R LOT 10 AND OTHER LAND OF WESIY1 W BUSINESS CENRRE, L.C. THAT IS HEREBY ESTABLISHED TO B£NEF7T LOT 10 AND *07MEW "NESS CENTR& LC.. 4. THE BOLW RRY INFORM71ON WON HEREON MS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNZARY SURVEY OF THE 7R4CT, PARCEL, OR ANY PORTION OF THE 80(hVL 4RY LINES 5. NO 7717.E REPORT FURNISHED. EASEMENTS NAY' EXIST WHICH ARE NOT SHOWN. 6. THE PRCIPERTI' SHOM9V HEREON IS Sua+9E'CT TO A 20' AEi14E M UMJ7Y EASEWENT RESER1447I0N ALONG ALL LOT LINES, W K LLY WM94 WN LOT, AS PER RE57RICTW COVD ANTS OF RECORD IN DEED BOOK 868 AT PAGE 1092. EASEMENT PLAT LOT 10 1 WESTVIEW BUSINESS CENTRE SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, MIRGINW $ MARK D. SMITH 5 SCALE: N/A DATE: MAY 30, 2001 No.002009 IJl 1�� •. � 85 SUS FAX (340) 727,9526 Faadea in 1971 www4rawpsw)w 6ccvn F3015 SSEE-r 3 OF 3 0 0 Attachment "A" w WAIVER OF RESTRICTIVE COVENANTS THIS WAIVER OF RESTRICTIVE COVENANTS made and dated this 8th day of May, 2001, by and among WESTVIEW BUSINESS CENTRE, L.C., successor in interest to and Assignee from George W. Glaize, Jr. and Carolyn G. Glaize, party of the first part, hereinafter called interchangeably, "Owner", "Declarant", and/or "Westview" and GEORGE W. GLAIZE, JR., Trustee of the George W. Glaize, Jr., Profit Sharing Trust, and GEORGE W. GLAIZE, JR., CAROLYN G. GLAIZE, his wife, constituting the sole members of the Board of Review of the Westview Business Centre, parties of the second part, and BRANCH BANKING and TRUST COMPANY OF VIRGINIA ("BBB:T"), A Virginia Banking Corporation, party of the third part. WHEREAS, Westview Business Centre, L.C. is the successor in interest to, and the Assignee from, George W. Glaize, Jr. and Carolyn G. Glaize of that certain real estate development designated Westview Business Centre, located in Frederick County, Virginia; and, WHEREAS, George W. Glaize, Jr., et at, entered into a certain Declaration dated October 10, 1996, styled Vacation of Restrictive Covenants and Substitution of Restrictive Covenants (the "Covenants of Westview Business Centre") which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 868 at Page 1092; and, WHEREAS, George W. Glaize, Jr. and Carolyn G. Glaize constituted the Owner, Declarant and Westview under the Covenants of Westview Business Centre; and, WHEREAS, by Deed and Assignment dated as of March 16, 1998, George W. Glaize, Jr. and Carolyn G. Glaize conveyed all their right, title and interest to Westview Business Centre, L.C., the Deed being of record in the aforesaid Clerk's Office in Deed Book 902 at Page 593 and the Assignment, being unrecorded, conveyed all rights under the aforesaid Covenants of Westview Business Centre to Westview Business Centre, L.C., the successor in interest, which has now become Owner/Declarant/Westview under the Covenants of Westview Business Centre, L.C.; and, WHEREAS, the parties of the second part constitute the sole members of the Board of Review of the Westview Business Centre as set forth in Article Two of the Covenants and have full power to assign and/or waive any and all Restrictions as provided in paragraphs 2.11 and 2.13 of the Covenants of Westview Business Centre, L.C., and/or a variance under 6.01 of said 1 0 0 .P- Covenants; and, WHEREAS, Westview Business Centre, L.C. has entered into a certain Agreement of Sale dated April 25, 2001 with BB&T, and BB&T has requested a variance and/or waiver as hereinafter set forth. NOW THEREFORE, in consideration of the mutual benefits to be derived therefrom, the parties agree as follows: Section 1.03 "Hazardous Waste", the provisions shall not apply to the storage of fuels upon the property needed in the operation of the business of BB&T. 2. Section 1.05 "Maintenance Responsibility" , the requirement of the repainting of the exterior surfaces of the building and other improvements on the property is hereby waived and such painting shall take place as the party of the third deems necessary in its sole discretion to maintain its facility. 3. Section 1.06 "Rubbish and Debris", the Board of Review specifically consents to the number and placement of dumpsters on the property of the party of the third part as the party of the third part deems necessary in its sole discretion. 4. Section 1.07 "Communication Facility", the Board of Review hereby gives approval to the party of the third to erect communication towers, satellite dishes and communication dishes of whatever description on the roof of the building(s), satellite earth stations, exterior radio or television antennas as shall be necessary for the conduct of the business of the party of the third part. 5. Section 1.08 "Outside Storage", the Board of Review hereby gives written approval to the party of the third part to locate storage buildings upon the subject property as needed in the sole discretion of the party of the third part to be used in the operation of the business of BB&T. 6. Section 1.10 "Signs", the Board of Review hereby gives approval to the party of the third part to erect such free standing signs and other signs as shall be necessary for the operation of the business of the party of the third part, including a monument sign with corporate logo, and as permitted by the Frederick County Zoning Ordinance and/or any 2 variance of the Frederick County Zoning Ordinance sought by the party of o 0 the third part. >~ cdt 7. Section 2.07 "Right of Inspection", Westview and the Board of Review hereby expressly waive a right of inspection as set forth in 2.07 of the restrictions. 8. Section 2.08 "Right of Entry for Enforcement", the Board of Review and the party of the first part as Successor and Assignee of the Owner/Declarant/Westview does hereby,waive the right of entry for enforcement of Restrictive Covenants as set forth in Section 2.08 of the Covenants of Westview Business Centre. 9. Section 3.02 "Final Submission", approval is hereby acknowledged by the Board of Review of the site plan and all construction drawings of the facility of BBBT. WITNESS the following signatures and seals: Westview Business Centre, L.C. Georg Glaize, Jr., ag By Carolyn G. Glaize, Manager fv�- George4. Glaize, Jr. Carolyn G. Glaize Georg?W. Glaize, Jr , stee Of the George W. Glaize, Jr., Profit Sharing Trust. BRANCH BANKING and TRUST COMPANY OF VIRGINIA ByL4QQ0 Rd�iA STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: 0 0 r t'T 1, Cynthia Anne Hart, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby Certify that George W. Glaize, Individually and as Manager of Westview Business Centre, L.C, and Carolyn G. Glaize, Individually and as Manager of Westview Business Centre, L.C., whose names are signed to the foregoing Waiver of Restrictive Covenants, dated the 8th day of May, 2001, have personally appeared before me and acknowledged tfliy State and jurisdiction aforesaid. Given under my han9%,J oNune, 2001. My Commission extslr rll 30: i -, �N,., .. IC ,. O`: u OF =: "ZQT GIN�P.. `0 9RY Pv�� STATE OF VIRGINIA CITY OF WINCHESTER,TO-WIT: No ry Pubt_ic I, Cynthia Anne Hart, a Notary Public In and for the State and Jurisdiction aforesaid, do hereby certify that George W. Glaize, TCwst'�,e, 9$f 'iiEEporge W. Glaize, Jr., Profit Sharing Trust, whose name is signed to the foregoing Waived oV$nants, dated the 8th day of May, 2001, has personally appeared before me and acMo61 Apy State and jurisdiction aforesaid. Given under my hanO disc st day oUuh li My Commission expires April 3WrZ003? `ERG IN\P. ` 0 QT�RY.Pv���, STATE OF NORTH CAROLINA CITY/COUNTYOFTO-WIT: �F-l�L Qi'vju ��-K- N61t Public Ij; a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that 42. lkUti 6 i Sf,V P , of Branch Banking andTrust of Virginia, whose name is signed to the foregoing Waiver of Restrictive Covenants, dated the 8th day of May, 2001, has personally appeared before me and acknowl ged the same in my State and jurisdiction aforesaid. Given under my hand this at&�day of , 2001. My Commission expires MA03 r, ,',. , n_ � tJl/ltCf�.. Notary Public 11160A: WTTACH-1. WPD O fa& SEAL 00 PAMELA MEYERHOEFFER kl"A.' "+;si.r—tpM Q0WNA ,;, iw r • OF FOASM Mgf'rr :: ;�:.a_J�nulryt0.2t>OJ VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on oo at S0i/�Y and with certificate of acknowledgement thereto annexed was admitted to record. Ta imposed by Sec. 58.1-802 of 4 SI ^it • wand 58.1-801 have been paid, if assessable 444z.c - �9-v . Clerk 0 w Q N 010008162 THIS DEED made and dated this 21st day of June, 2001, by and between WESTVIEW BUSINESS CENTRE, L.C., A Mrglnia Limited Liability Company, party of the first part, hereinafter called the Grantor, and Branch Banking and Trust Company of Virginia, a Virginia Banking Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, its successors and assigns, in fee simple absolute, All that certain tract or parcel of land lying and being situate along the south side of Independence Drive in Shawnee Magisterial District, Frederick County, Virginia, containing 12.00 acres and designated as Lot 10 Westview Business Centre, and more particularly described by survey drawn by Mark D. Smith, L.S.,dated May 7, 2001, attached hereto and by this reference made a part hereof as if set out in full; AND BEING a portion of the same land conveyed to Westview Business Centre, L.C. by Deed dated March 16, 1998 from George W. Glaize, Jr. and Carolyn G. Glaize, of record In the aforesaid Clerk's Office of Frederick County in Deed Book 902 at Page 593. Reference is made to the aforesaid Deed and plat for a more particular description of the property herein conveyed. The Grantor does further grant and convey unto the Grantee, Its successors and assigns, a certain Fifty (50) foot ingress/egress easement for the benefit of Lot 10, Westview Business Centre and shown on the aforesaid plat drawn by Mark D. Smith, L.S., dated May 7, 2001 and by this reference made a part hereof as if set out in full; the said easement shall be a non-exclusive easement and at such time as the roadway being constructed within said ingress/egress easement is dedicated to the County of Frederick and/or the Virginia Department of Transportation (VDOT) as a public roadway, then and in that event, the Grantee herein agrees to release its easement conveyed hereby to Frederick County and/or VDOT in order to perfect title to the same in the public entity. This conveyance is made subject to those restrictive covenants contained In the Vacation of Restrictive Covenants and Substitution of Restrictive Covenants dated October 10, 1996 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 868 at Page 1092, and by this reference made a part hereof as if set out in full, EXCEPT as the same have been waived 0 0 c,a cn and/or released by that certain Waiver of Restrictive Covenants attached hereto as Attachment A. This conveyance is further made subject to those certain 20 ft, storm drainage easements reserved by the Grantor for the mutual use of the Grantor and the Grantee herein, their successors and assigns, as shown on the attached plat drawn by Mark D. Smith, L.S., dated May 30, 2001, and by this reference made a part hereof as if set out in full. This conveyance is further made subject to that certain storm water management facility ('retention pond) shown as a 'dot shaded area' on the aforesaid attached plat drawn by Mark D. Smith, L.S., dated May 30, 2001, which storm water management facility shall be for the joint use of the Grantor and Grantee herein, their successors and assigns, and the Grantor herein reserves a non-exclusive appurtenant easement over that portion of the easement located on the property conveyed hereby for the construction, maintenance and reconstruction of the said storm water management facility and further, the Grantor does hereby grant to the Grantee, its successors and assigns, an easement over that portion of the storm water management facility located on the other property of the Grantor, all of which is shown on the aforesaid attached plat, dated May 30, 2001, drawn by Mark D. Smith and by this reference made a part hereof as if set out In full. The Grantor hereby covenants that it has the right to convey to the Grantee, that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances, and it will grant such further assurances of title as may be requisite. granted. WITNESS the following signature and seal, all pursuant to authority duty WESTVIEW BUSINESS CENTRE, L.C. By. � � %� , (SEAL) Geor . Glaize,Jr.,M er/Manager By. (SEAL) Carolyn G. Glaize, Me ber/Manager STATE OF MRGll`ilA MY OF WINCHESTER, TO WIT. 0 0 W rn I, &nMiaklu Ida; a Notary Public In and for the State and Jurisdiction aforesaid, do hereby certify that George W. Glaize, Jr. and Caro" G. Glaize, Member/Managers of Westview, Business Centre, LC., whose names are signed to the foregoing Instrument, dated June V 5r, 2001, has personally appeared before me and acknowledged the same In my State and jurisdiction aforesaid. ST Given under my hand this day of June, 2001 My Commission expires. It 3-7W A ANN�' Notafy Public weoae&r 'N ''- O U: � OF TRY Pv� ,max:. a�.v �:. a - uvuu a�cicaac Subject: RE: BB & T - Bond Release Date: Tue, 3 Oct 2002 13:31:29 -0400 From: "Gary Dubrueler" <gdubruel@co.fredcrick.va.us> To: "'JEREMY CAMP"' <JCAMP@CO.FREDERICK.VA.US> CC: "Twelsh \(E-mail\)" <t%velsh@co.frederick.va.us> -emv, 'Tim will be look-inc into this and will contact you with the departments aosition. Gary -----Original Message ----- From: JEREMY CAMP [mailto:JCAMP@C:O. �'REDER1CK.VA.; S] Sent: Friday, October 04, 2002 1:26 PM To: John Trenary; Gary DuBrueler; Ed Strawsryder Subject: BB & T - Bond Release To specified department heads: BB & T has requested that their bond be released by the Countv. It was being held `or road construction and other improvements. There are no planning issues with this project - everything appears to be complete. Please reply to this erriail or send a memo regarding your departments position with. the bond release. ;n_= sk vou, Jeremv 1 of 1 10/8/02 2:01 PM Subject: BB & T - Bond Release Hate: Fri, 04 Oct 2002 13:25:32 -0400 From: JEREMY CAMP <JCAMP@CO.FREDERICK.VA.US> To: John Trenary <jtrenary@co.frederick.va.us>, Gary DuBrueler <gdubruel@co.frederick.va.us>, Ed Strawsnyder <estrawsn@co.frederick.va.us> To specified department heads: 2B o T has requested that their bond be released by the County. It was being held for road construction and other improvements. There are no planning issues with this project - everything appears to be complete. Please reply to this email or send a memo regarding your departments position with the bond release. .thank you, remy 9 1 of 1 10/4/02 1:26 PM ............... F. F&M Bank - Winchester P. O. BOX 2800 / WINCHESTER, VIRGINIA 22604 / PHONE 540-665-4200 BENEFIMRY: Treasurer, County of Frederick 107 N. Kent Street Winchester, VA 22601 DATE OF ISSUE: June 22, 2001 EXPIRATIONDATE: June 22, 2002 PERLIITTEI: Branch; Banking & Trust AMOUJN'f: $58,000.00 1SSU11VG BANK: F & 'NI Bank - Winchester P.O. Box 2800 Winchester, VA 22604 ISSUP G BANK ABA NO: 68-139 We hereby issue our In -evocable Letter of Credit No. 643 in favor of the Treasurer, County of Frederick, Virginia, for the account of Branch, Banking & Trust, its agents, successors or assigns for a sum not exceeding Fifty Eight Thousand U.S. dollars ($58,000.00) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed ,by the Zoning/Subdivision Administrator or an authorized representative, stating that Branch, Banking & Trust has not satisfactorily completed the constriction of, and/or satisfactorily maintained, all physical improvements that includes, but not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on Lot 10, Westview Business Center, the approved subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 165, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer or his agent to comply with said ordinance as F&M Bank - Winchester Treasurer, County of Frederick Irrevocable Letter. of Credit 9644 Date of Issue: Na(- two a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator. "We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum on one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or firture expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up the full amount of the suin when accompanied by a document stating that Branch, Banking & Trust has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating, that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administration or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to (Permittee or Developer) Branch, Banking & Trust stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or bdivision.n. / ttest!llIIIK.7�L�!/� i�/.i-a Title su A COUNTY of FREDERICK Department of Planning and Development 540/665-565 FAX: 540/655-6395 TO: Wayne Corbett, Deputy Treasurer FROM: Patrick T. Davenport, Zoning Administrator, SUBJECT: Irrevocable Letter of Credit No. 643 Branch, Banking & Trust (Lot 10, Westview Business Center) DATE: November 1. 2002 Please release the above referenced development guarantee that was issued to Frederick County for the account of Branch, Banking & Trust (Lot 10, Westview Business Center) in the amount of S58,000.00. All site improvements for this project have been completed to the satisfaction of the Frederick County Zoning Administrator and the Frederick County Public Works Civil Engineer. The Irrevocable Letter of Credit should be released to BB & T (formerly F & M Bank - Winchester), Attn: David A. Chandler, Corporate Banker -Senior Vice President, P.O. Box 2800, Winchester, Virginia 22604, and please use mail code 448720200. Please contact me if I may answer any questions regarding this memorandum. PTD/bah U:\Beth\LOC - Bonds\RcleaselLm 10, westview Business Center - LOC 1 1.01.02.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 _____ ._. e_!- __ .. ..... ...-- ..._..__.................. - ....... .......... l I� J�JN-22-01 FFRi 10:45 AN PERRY ENJ Mu- NO EST FAX NO. 54i17222505 P. 01 loom � e—Ay J Ci 1945 MILLWOO[-) PIKE WINCHESTER. VIRGINIA 22602 h 540 667-4310 FAX 540 722-2505 www.perryerig.Com June 22.2001 Danny hisloNv Hotivard Shockey & Sons. Inc. P. Q. Be-, 2S30 Winchester, VA 22604 RL: 9B&-T Rc,adway Wcstview Business I'axk Dear Danny: Based or. the Orecnway Rligineerin ;Mans dated May 2001, we estimate t1le cost fol-tl:c road«-av improvements mvithiu the proposcc? - DOT ri-ht-of-way is S58,000.00. 'i'his cstilnate does not include site improvements .for the adjacerit BB&T property. Should you have any questions, please, call irle at your convenience_. �irlCe;relY. -1ZRY EN G1NF;L Cl C : PANY, INC. 1 `rise G. Rudoip , Scnior Estimator COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX. 5401678-0682 TO: Jeremy F. Camp Planner II, Department of Planning and Zoning FROM: Joe C. Wilder, Civil Engineer, Department of Public Works J SUBJECT: Release Bond for BB & T DATE: October 8, 2002 After performing a site inspection at the subject location in response to your e-mail dated October 4, 2002, .it would appear that all of the necessary site work has been completed. Therefore, I have no reason to hold the subject bond. JCW/rls cc: file 1:1b U 1 ho nd relmrm.«pd 1.07 North Kent Street a Winchester, Virginia 2260I-5000 MONETARY GUARANTY ACTIVITY LOG SHEET Bond File No: 033-14 Project: Navy Federal Credit Union Lots I and 17 Parking Lot Performance Bond No.: 9148950 - $355,931.25 (E&S) Expiration Date: 08/20/15 AR: Y Permittee: Perry Engineering Company, Inc. (Reduced P.B. #9148950 to $56,500.00 on 03/25/15)) Financial Institution: Fidelity and Deposit Company of Maryland Type of Guaranty - Erosion & Sediment (Public Works): X Performance (Planning): DATE ACTION TAKEN 08/26/14 Payment of bond management fees to establish by check no. 005493 in the amount of $500.00. (See Receipt #959348) 08/27/14 Memo from Public Works transmitting the original e&s bond, performance bond no. 9148950 in the amount of $355,931.25 08/28/14 Original E&S Performance Bond No. 914890 in the amount of $355,931.25 to the Treasurer's Office. 03/06/15 Letter from Perry Engineering Company requesting the release of performance bond no. 9148950 in the amount of $355,931.25. Accompanying the request was Check No. 7008 in the amount of $300.00 to cover the bond management fee to release. (See Receipt No. 959382) 03/13/15 Memo to Public Works transmitting Perry Engineering Company's request to release performance bond no. 9148950 in the amount of $355,931.25. 03/19/15 Memo from Public Works transmitting their response to Perry Engineering Company's request ro release performance bond no. 9148950 in the amount of $355,931.25. Based on a recent site inspection, is recommended that Performance bond no. 9148950 in the amount of $355,931.25 be reduced to an amount of $56,500.00. According to Public Works, Perry is planning use a soil stockpile on this site in conjunction with other projects. Keeping this permit opens allows them to comply with E&S laws. 03/24/15 Memo to the Treasurer's Office please reduce performance bond no. 9148950 in the amount of $355,931.25 to an amount of $56,500.00. 03/25/15 Letter from the Treasurer's Office to Fidelity and Deposit Company of Maryland, the County hereby agrees to a reduction of Performance Bond No. 9148950 from $355,931.25 to an amount of $56,500.00. U:\Diane\Common\Bond Matters\Bond Forms\Activity Log Sheet for Bond files.xls Revised 05/09/08 r H. Edmunds Coleman, III BRYAN & COLEMAN, P.L.C. Attorneys at Law The Feltner Building, 3rd Floor 9 Court Square Winchester, VA 22601 October 10, 2003 Patrick Davenport Frederick County Planning & Development 107 N. Kent Street Winchester, VA 22601 RE: Westview Business Centre, Lots 11 — 17 Instrument No. 030023422 Dear Mr. Davenport: Tel: (540) 545-4172 Fax: (540) 545-4173 Email: hcoleman@dstnet.com Enclosed please fund a copy of the Declaration of Subdivision Plat, Deed of Dedication and Reservation/Imposition of Utilities Easements for the 36.5380 acres, identified as Tax Map 64-A-159F. Said Declaration was recorded on October 9, 2003 as Instrument No. 030023422. Please contact me if you require anything further. Thank you for your assistance in this matter. Sincerely, l Ange ussi Donahoe Paralegal Enclosure cc/enc: Mark Smith, Greenway Engineering Carl Hales OCT 1 4 2003 FIE copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 10, 2003 Mr. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Westview Business Center Lots 11-17 - Final Plats Subdivision #14-03 Dear Mark: This letter is to confirm that the final plats for Westview Business Center Lots 11-17 were administratively approved on October 9, 2003. This subdivision allows for the development of six parcels in the M 1 (Light Industrial) Zoning District. A bond in the amount of $9,582.38 has been accepted to guarantee the completion of Branch Banking Drive. Please ensure a copy of the recorded plats are returned to this office. Sincerely, Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/bah cc: Jane Anderson, Frederick County Real Estate Joe Wilder, Frederick County Public Works W. Harrington Smith, Jr., Shawnee District Board Supervisor William C. Rosenberry, Shawnee District Commissioner Robert A. Morris, Shawnee District Commissioner U:\Patrick\Common\S—DReviews\Westview Bus Center Lots 11-17 final plat_apprv.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 4 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 October 9, 2003 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Patrick Davenport, Subdivision Administrator Re: Westview Business Center, Lots 11 — 17 Final Plat Review Comments Dear Mr. Davenport: We are in receipt of your comment letter dated October 8. 2003 for Westview Business Center, Lots 11-17 final plat review. As we have discussed by phone, it is of the utmost urgency we resolve the following four items so that our client, Mr. Carl Hales, can proceed to closing at 4:00 pm today. As discussed, Mr. Hales has purchased the entire 36-acre parcel that is being subdivided into the seven lots that have been submitted for final signature. Some of these seven lots have been pre -sold with the disbursement of monies today extinguishing part of our client's debt service. I realize that our client's personal business transactions are not an obligation for any review by the County, but I felt it imperative you understand the urgency of the matter. Your four review comments have been resolved as follows: Master Development Plan Conformance The subdivision of this land is in conformance with the general intent of the MDP. Bank Road has been extended to allow for adequate road frontage. The small cul-de-sac road that was shown on the MDP off of Bank Road is not needed with a subdivision of lots into larger parcels. As being subdivided, this small cul-de-sac road, if required, would not be eligible for State maintenance because it would only have one user on the road. As you are aware, the State requires three business users to accept maintenance responsibilities. 2. Lot 16 Usable Land Area Our client is aware of the easement restrictions for aviation on this lot. This easement does not restrict development, but only the height of buildings and structures. We have added additional language noting the aviation Deed Book and Page for future reference when a site plan is prepared for this lot. 3. Zoning District Buffer We have added a note indicating the Zoning District Buffer. 4. Master Development Plan Steep Slopes We are aware of the steep slopes on the property, and for the uses proposed, these lots are acceptable to our client for development. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #0518H/MDS/dkn www.greenwayeng.com Please contact me should you have any questions. My direct cell # is 974-0335. If you would call my office and I am not available, please have them interrupt me. Again, this is very important for our client for closing today. President Cc: Eric Lawrence — Frederick County Director of Planning Richard Edens, LS - Greenway Engineering Shane Rauch - Greenway Engineering File #0518H/`4DS/d" COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 October 8, 2003 Mr. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Westview Business Center Lots 11-17 -Final Plats: Review Dear Mark: I have had the opportunity to review the final subdivision plats for Westview Business Center Lots 11-17 submitted to our office on September 24, 2003. Please address the following comments: The Master Development Plan (MDP) approved on February 14, 2001, entitled "Westview Business Center" is associated with this proposed subdivision. The MDP depicts a proposed state road in the vicinity of a narrow strip of land which is part of proposed Lot 17 on the final plats. If you wish to subdivide proposed Lot 17 in the manner depicted on the final plats, a state road must be constructed in accordance with the approved MDP. Proposed Lot 17 must have a front setback as well. 2. The layout of proposed Lot 16 is not an acceptable layout and does not have a front setback. Additionally,proposed Lot 16 does not appear to contain buildable area due to the existence of drainage easements and avigation easements. Language associated with the avigation easement requirements must be included on the final plats. 3. Provide the zoning district buffers as required. 4. The approvedMDP illustrates several areas of steep slopes in the vicinity of the proposed lots. Can the proposed lots be developed without disturbing the maximum allowed portion of steep slopes? Please address the above comments and re -submit. I am enclosing the package of final plats and other paperwork already signed by VDOT and FCSA to return to your client and I am available should you have questions. Sincerely,, nc � _0641�11!1 Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/bah Enclosures UAPatrick\Common\S D Reviews\Westview Bus Center Lots 11-17 final plat_review.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 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. I. Boundary survey of all lots, parcels and rights -of -way. J. Names of owners of adjoining properties with deed book and page number references. 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. M. 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. S. Location of proposed recreational areas. 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. APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 9/18/03 Application # `� "� Fee Paid 19a 190 00 Applicant/Agent: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 226023 Phone: 540-662-4185 Owners Name: Carl S. Hales (contract purchaser and subdivider) Address: 2400 Valley Avenue, Suite 8 Winchester, VA 22601 Phone: 662-3380 Please list names of all owners, principals and/or majority stockholders: Carl S. Hales Contact Person: Richard A. Edens, LS Phone: 540-662-4185 Name of Subdivision: Westview Business Centre (Lots 11-17) Number of Lots: 7 Total Acreage 36.5380 acres Property Location: Fronts southwest quadrant of intersection of Independence Drive (Route 1092) and Branch Banking Drive (Give State Rt. #, name, distance and direction from intersection) Magisterial District Shawnee Property Identification Number (PIN) 64-A-159F Property zoning and present use: Ml - vacant Adjoining property zoning and use: MI - commercial, industrial & vacant and RA - vacant & residential Has a Master Development Plan been submitted for this project? Yes ® No ❑ If yes, has the final MDP been approved by the Board of Supervisors? Yes ® No ❑ What was the MDP title? Westview Business Centre Does the plat contain any changes from the approved MDP? Yes ❑ No If yes, specify what changes: ❑ Minimum Lot Size (smallest lot) 1.9978 acres Number and types of housing units in this development: Number N/A Types N/A REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this from. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Westview Business Centre. LLC - Final Subdivision Plat Location: Independence Drive Va. Dept. of Transportation Comments: The application for subdivision of this property appears to have significant measurable impact on Myi • •- ; DO - - - - -- -W MR so ON - - VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER *PLYASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. FAXED LSEP 16 2003 REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering J X Alll�- 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Westview Business Centre, LLC - Final Subdivision Plat Location: Independence Drive Sanitation Authority Comments: 7740:;�r -2 0157 sue/ 5�' PVI: ,� 5.��%•9/i /���i'osS � � i'S' / � /� �/�' 0�/EGG /;��1/� -��� /3•�' .�.�r'D.��,�i Sanitation Authority Signature and Date: (NOTICE TO SANITATION AUTHORITY *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. C9 ?0' WATERLINE ESM DB. 868 PG. 1105 T.M. 64-A-159S BB&T PROPERTY TAX DEPT INST NO. 010008162 ZONE., M 1 USE.- S 2524'12" �2 _ E 3C I j� TOR —RA INAG, / I DB. 895 PG. 1 LOT 13 2.0256 ACRES h 80 X 100 ACCESS EASEMENT HEREBY /r ESTABLISHED TO BENEf LOTS 13 & 14 l 20' SAN SEWER MT' NOT OF A MATTER ✓ OF RECORD DATED 10122198 ' LOT 14 1.9978 ACRES .F 3\ F tijs���S-e T`s �S0 r N � REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Inspections Department ATTN: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Westview Business Centre, LLC - Final Subdivision Plat Location: Independence Drive Inspection Department Comments: Code Administrator Signature and Date: (NOTICE TO INSPECTIONS DEPT. * EASE RETURN THIS G NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. AU .2 0 2003 toot B E J�►� elm-1 e----------------------- REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Westview Business Centre. LLC - Final Subdivision Plat Location: Independence Drive Fire Marshal Comments: Fire Marshal Signature and Date: (NOTICE TO FIRE MARSHAL. *PLEASE RETU AkTHIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. JUL 2 12003 Control number SD03-0010 Project Name Westview Business Center L.L.0 Address 151 Windy Hill Lane Type Application Subdivision Current Zoning M-1 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 7/15/2003 7/21 /2003 Applicant Greenway Engineering City State Zip Winchester VA 22602 Date Revised Applicant Phone 540-662-4185 Tax ID Number Fire District Rescue District 64-A159F 21 21 Election District Recommendations Shawnee Automatic Fire Alarm System Residential Sprinkler System No No Requirements Hydrant Location Fire Lane Required Not Identified Yes Roadway/Aisleway Width Special Hazards Not Identified Yes Additional Comments Extension of municipal water supplies for firefighting shall be identified during additional plans reviews. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh - Title Of ANS 7 REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, 41h Floor Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windv Hill Lane. Winchester. VA 22602 540-662-4185 Name of development and/or description of the request: Westview Business Centre, LLC - Final Subdivision Plat Location: Independence Drive Engineer Comments: Signature and Date: (NOTICE TO ENS DEPT. *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form, location map and all other pertinent information. .1 REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Va. 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineering 151 Windv Hill Lane. Winchester. VA 22602 540-662-4185 Name of development and/or description of the request: Westview Business Centre. LLC - Final Subdivision Plat Location: Independence Drive Winchester Regional Airport Comments: Airport Signature and Date: (NOTICE TO AIRPORT *PLEASE THIS FORM TO APPLICANT.) z NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 00 o - - - - oo�L- WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / August 12, 2003 Shane Rauch Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Westview Business Centre, LLC Conditional Subdivision Comments Shawnee District Dear Mr. Rauch: After review of the referenced subdivision plat, the following comments are offered on behalf of the Winchester Regional Airport Authority. The proposed commercial subdivision is complementary to airport operations and does not require special considerations at this time. The Airport Authority requests the opportunity to comment on each site plan prior to construction to ensure compatibility with Airport surfaces, approaches and operations. Thank you for continued assistance and support. Sincerely, � 16r1. Serena R. Manuel Executive Director ----�-----------------• FINAL PLAT CHECKLIST The subdivider shall be required to submit a deed of dedication, a copy of all covenants and restrictions, an estimate of all public improvements, all required guaranties for improvements and all final plats to the Subdivision Administrator. All final plats shall be drawn to a scale acceptable to the Subdivision Administrator. The following checklist is provided to assist the applicant in ensuring that all required information is provided. The form must be completed and submitted with the application and other required subdivision materials. If any of the items listed below are not included with the materials submitted, your application will not be considered complete and will not be accepted for filing. Check with the planning staff if you feel some element on the list does not apply to your situation. All plats shall contain the following information: ✓ title ("Final Subdivision Plat for ✓ page number and total pages on each page. ✓ vicinity map [scale of one to two thousand (1:2,000)] showing all roads, properties and subdivisions within one thousand (1,000) feet of the subdivision. ✓ written and graphic scale. day, month and year plan prepared and revised. V/ North arrow. parcel identification number (PIN) of parent tract. name of Magisterial District in which subdivision is located. ✓ zoning and use of all land to be subdivided and all adjoining land. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest degree, minute and second and listing distances to the nearest one -hundredth (1/100) of a foot. ✓ names of owners of all adjoining properties and deed book and page number references for each adjoining parcel. area of each lot and parcel, the total area of the subdivision and the total area in lots. 13 N 1A, location and area of each parcel of common open space and the total area of common open space. location, names and right-of-way widths of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, utility easements and other easements with dimensions and location. existing and proposed drainage easements with dimensions and locations. �InNF location of floodplain limits. ✓ location of all land to be dedicated or reserved for public use. ✓ location of required setback lines on each lot. Nl& location of proposed recreational areas. N AI location of proposed buffers. ✓ location and description of monuments and markers. P40ME location of any grave, object or structure marking a place of burial on the land to be subdivided. ✓ certification by a registered engineer or surveyor qualified to practice in the State of Virginia, verifying the accuracy of the plat. signature of the owner, proprietors or trustees certifying ownership of the property and that the subdivision is with their free consent and desires. a notary statement certifying the signature of the owner, proprietors or trustees. signature lines for the Subdivision Administrator and relevant reviewing agencies. ►a statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. 14 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANSMITTAL Project Name: Westview Business Centre —Final Subdivision Plats —Lots 11-17 File No.: 0518 Independence Drive — Rte. 1092 Date: 9/24/03 To: Frederick Co. Planning Dept. Attn: Patrick Davenport 107 N. Kent St. Winchester, VA 22601 Copied: From: Richard A. Edens, LS GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Email: redens@greenwayeng.com Remarks: f Urgent 1✓ For Your Review f As You Requested F Resubmitted Message: Patrick, Please find attached an application submittal package for the above -referenced project for your review. Feel free to call should you have any questions or comments regarding this matter. Thanks. Sincerely, Rich SEP 2 4 2003 Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Q_DDD_n. _ .ay7o;_. COUNT' of FREDExRIC Department of Planning and Development 540/665-5651 FAX: 54€ ! 665-6395 TO: Wayne Corbett, Deputy Treasurer FROM: Patrick T. Davenport, Zoning Administrator! t SUBJECT: Irrevocable Letter of Credit No. 643 Branch, Banking & Trust (Lot 10, Westview Business Center) DATE: November 1, 2002 Please release the above referenced development guarantee that was issued to Frederick County for the account of Branch, Banking_ & Trust (Lot 10, Westview Business Center) in the amount of S58,000.00. All site improvements for this project have been completed to the satisfaction of the Frederick County Zoning Administrator and the Frederick County Public Works Civil Engineer. The Irrevocable Letter of Credit should be released to BB & T (formerly F & M Bank - Winchester), Attn: David A. Chandler, Corporate Banker -Senior Vice President, P.O. Box 2800. Winchester, Virginia 22604, and please use mail code 448720200. Please contact me if I may answer any questions regarding this memorandum. PTD/bah U:1Beth�LOC - Bonds\PcleaselLot 10, Westview Business Center- LOC 1 1.01.02.wpd 107 North lent Street a Winchester, Virginia 22601-5000 F&M Bank - Winchester P O. BOX 2800 / WINCHESTEER, VIRGINIA 226041 PHONE 540-665-4200 BEYNIEFICIARE Treasurer, County of Frederick 107 N. Kent Street Winchester, VA 22601 DATE OF ISSUE: June 22, 2001 EXPIRA TION DA TE: June 22, 2002 PERMITTEjE: Branch, Banking & Trust AMOUAT: $58,000.00 ISSUING BANK: F & Ni Bank - Winchester P.O. Box 2800 Winchester, VA 22604 ISSUING BANKABA NO: 68-139 We hereby issue our In•evocable Letter of Credit No. 643 in favor of the Treasurer, County of Frederick, Virginia, for the account of Branch, Banking & Trust, its agents, successors or assigns for a sum not exceeding Fifty Eight Thousand U.S. dollars ($58,000.00) available by your sight draft on the above: stated Issuing Bank and accompanied by documents stated below: A certified statement signed:by the Zoning/Subdivision Administrator or an authorized representative, stating that Branch, Banking & Trust has not satisfactorily completed the construction of, and/or satisfactorily maintained; all physical improvements that includes, but not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on Lot 10, Westview Business Center, the approved subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 165, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer or his agent to comply with said ordinance as F&M Baftk - Winchester Treasurer, County of Frederick Irrevocable better. of Credit 9644 Date of Issue: 131 ge two a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator. "We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum on one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or fature expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up the full amount of the sum when accompanied by a document stating that Branch, Banking & Trust has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administration or his authorized representative." This credit shall be terminated upon the Zoning/Subdi-vision Administrator or his authorized representative giving written release to (Permittee or Developer) Branch, Banking & Trust stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. 4' 1� Attest-.,/(-�, ,���// d'�,Y v AV� Title JUN-22-01 FR, 10:45 AM PFRRY EhG CO INlC EST FAX NO, 5407222.505 June 22. 2001 Danny Inslow Howard Shockey &c Sons, Inc. P. Q. Boa 2530 Winchestcr, VA 22604 Rig': RB&-T Roadway Wcstview Business I'),wk Lear Danny: P. 01 y;:KE.fJr 1945 M(LL.WOOD PIKE WINCHESTER. VIRG1NIA 22602 540 667-43 10 FAX 540 722-2505 wvvw.perryeng,corn Based on file Greenway Rnginoerinqy 1 lam, dated May 2001, eve rstil�at the cost for t1?c roadway improvements %,,ithin the proposed VDOT right-of-vv'ay is S58,000.00. This cshmat% does not include site improvemelluifor the c1djacent BMT property. Should you have any questions, pleaso call me at your convenie7ca. Sincerely, ZRY ENGII`E '-G CCMPAII'Y, INC. 1 en o G. R udolp ,_-- Senic,r Estimator DGIR 'Department of Public Works 540I665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Jeremy F. Camp Planner I1, Department of Planning and Zoning FROM: Joe C. Wilder, Civil Engineer, Department of Public Works SUBJECT: Release Bond for BB & T DATE: October 8, 2002 After performing a site inspection at the subject location in response to your e-mail dated October 4, 2002, it would appear that all of the necessary site work has been completed. Therefore, 1 have no reason to hold the subject bond. JCW/rls cc: file A:lbb&t bos:d retrnem.wpd 107 North Kent Street Q Winchester, Virginia 22601-5000 \.L. . 1.l I U 1 - "VUU 1tGlc 6J�:. Subject: RE: BB & T- Bond Release Date: Tue, 8 Oct 2002 13:31:29 -0400 From: "Gary Dubrueler" <gdubruel@co.frederick.va.us> To: "'JEREMY CAMP"' <JCAMP@CO.FREDERICK.VA.US> CC: "Twelsh \(E-mail\)" <twelsh@co.frederick.va.us> J e remv, Tim will be looking into this and will contact you with the departments position. Gary -----Original Message ----- From: JEREMY CAMP[maiIto: JCA-iP@CC.iREDERICK.VA. US] Sent: Friday, October 04, 2002 1:26 PM To: Jahn Trenary; Gary DuBrueler; Ed Strawsnyder Subject: BB & T - Bond Release To speci-fied department heads: BB & T has requested that their bond be released by the County. it was being held for road construction and other improvements. There are no planning issues with this project - everything appears to be complete. Please reply to this email or send a memo regarding your departments position with the bond release. hank vou, Jeremy 1 of 1 10/8/02 2:01 PM Subject: BB & T - Bond Release Date: Fri, 04 Oct 2002 13:25:32 -0400 From: JEREW CAMP <JCAMP@CO.FREDE>R.ICK.VA.US> To: John Trenary <jtrenary@co.frederick.va.us>, Gary DuBrueler <gdubruel@co.frederick.va.us>, Ed Strawsnyder <estrawsn@co.frederick.va.us> To specified department heads: BB 4 T. has requested that their bond be released by the County. It was being held for road construction and other improvements. There are no planning issues with this project - everything appears to be complete. ?lease reply to this email or send a memo regarding your departments position with the bond release. t-ank: Von', eremy 1 of 1 10!^/02 1:26 PM SUBDIVISION #14-03 WESTVIEW BUS. CENTRE Shawnee 7 lots, 36.5380 acres BUS'.