Loading...
HomeMy WebLinkAboutRe-Subdivision Plat Westside Station, Section 2 Back Creek District - BackfileSK672Pc184 /=1r/OI P/d l Section Z Alesteldoe Sfafiorl Sock C -reek -Mogisfer-icon/ Dislr-ic� Fr-eo'cr'ick Coun1y, I/ir-gir7icr SCo% : 1 "_ 5o' Dole: /Uo vember- zco. /1-58 7 A-?p�ov En ... F;T'n -7IT.I7ITS G C_ :JI;TCI:LSTER, VIi.GIi�IA - CC;i.:IS�IGN VTN_ CT H 1 G H AYS Dove F Associcrfes E n ginee/-inq - F'/anninq - Surve yin9 11050 kP r%70rn h�i/45 e?ood ,-3076 Shocu�e� Doi ve Suifc 750 /,O.,Cox Z035 C/i1-9inio' v1-g1171a rZ0�0 0/ (70�) --365-74/¢ DAT r. Z _ /.5:I/y_ . DA'= E DA' EZ-LS-88 L H-ojeCf M AlAl 04 ,Tob '0 B"700 58 /A6 Sedan 2 Surve or j Cer lificofc Westside Station Dme & Am=iates wix:tesr ' Va. /, Edcuard W. Dove, .4 Duly Cer-fifi'cd Land Sur-velyor- /n The Comrrxanu1eO/fh �' V1r-911-71c7, Do Ner-eby CeTfify Thot / Have Car-efL//y Surveyed The Oe/incafcd z5y Thrs P/af And Thaf /f Col -reef To T% Cesf And /e A Subdi viSiorl Of The Lane Ac'quir'ed �y - Wesfs ide VediCO/ For'Ooe r^ f ie� Frarn i �� nondoof, ��o.�s, /�'. Pecor-ded /n Gamed Bc�k roi7.4f �cryc Z4�v Arb' 3une Fi�hmcu Hur�f Pccordero' /n lfa� .Peccr-de� /n The Load IPCCor'O's Of Fr'e�'cric� Counfy. / Fui-thcr- Cer-'fi fy Thof The Lam' Embroccp' /r7 Thies Su�di���ion LieB Emir-e/y Wifhin The dourl:7'� Of' Tice 0.7iq./7o/ r, -ocf ; Thorl This "'/af �Peor-esenr's A7 4cc4,(ro7,le Sur-vcy QYThe x And Thof A// G'oari5eS Arc To vrgin,n 4 -'o,'e Nor-fh /rn 4ordorax Wifh The ,Peyuir'cmenfs q' The Fi-cde�� �'ounfyS'ubdi✓isior7 Or-dix�rz-. Given Arty fiarx�' This ZG"'Oay Of 1VOVe177ber, A-IfT LTN C_ EL'ii .�t'l i� 'N. COVE CZR-. nC Ccuner-'s Ded�ca�io� We, The Undersigne✓, Ourner- Of The Lorn(0' ShOUW7 f/erroa� And Desc -ibed /n The Surveyor-'s Ccr•fif:cofe fi�er'esy�9ac= Th1,-3 �'%r7 Of Suc�'. visior�, G �'.c�fe 77 c To fro% Use Esrab/.sh 77x /Vir7imur77 Bu1/o117q Pcsfr-icf�or� L�r�e�s, Pest - 7r� l q:7/s O1Wa4,s .fs /n0'icofe✓'Fr Consfr ucfia�, A& i7/er7onCe .4r� OGrr-onion Of St eefs , Sior-rn Sect �r� , ^�ni�or-y Secc�rs Arm' Gf/arcr- &/7es . Qr Agree Thc/ /r-on .—.a `f/.//diexl q/ A// Lof C�xrs ,4nd Aonur7�-17ts W // 4M-- /n 4c=-a�r�orz- K�fh The Muir-crncrn`5 (.}� T C Feder-iC14- Coun,4� r�ufn:� sim O%�,orzc Unoe� Tnc 4X•917 Erz�inc�--(�' Sur-veyor Tha/S,cn F.no/ /?'or /� Orocun /r� Accer-a{�rxe if:/fi ,4n .4oa,�ved F,;�o/ �/os/er Give%orrr-�t f'.vn On Fi/C /n Thie Or_,ea7�m�r� �' �,c.�7irx� A��d G��vdgo- i- L V. ARTlIL77 INC PARTNER Fehr i ir-• I') 19F�` 01 /4 i "5 _ /7 1 4 Z5 I zo y Z/ ZZ -- r- r rn � � V �/land Way °no D, -1 t, �Ue�p5l" C' � D -- tt 1 / Nhcr- L ands CY I pi Ve f-- t � Wcsl�sidC Mcr�'ica/ � 1 1 r e� ,(,f r ller �ubdi t/i51 °n � r -- 5ieck- Jorn ,j. M. 4/ i n� 50 5D IMF as i .ta ., wuoa r I 0 AaIhlrfl ' �" '" Cin01' uro1 Hoeft IIS � Baptist c NEWALL Nill Parochial I / CHARD ' 'i �'/ 62h fd To S' ring _ I t S CI) 'WI IU CWE TER Winchs Vic//-7ify /tilap �COAf / , z ooa' 1 � 1 � Lome Merl iinan5 Westside Station D" a As%x*fts V wria;t,tw, va< o -- � J' ZZ qj 0 O� Vj a a I IN., .W J L�nG N f, no, 77.70 00 soggy M.Z/,LS,/O/YTO ��/D•.. � N � \ tv r � •G�L� I ,ZOG� h 0 ti -- N a o I `� ! m � Q � r0 Z OOZE' m h O Q 3 t(1 Q Q ' N Rl l 0 w 10o a(lool3 �o — = � �N .PICO 09/ 99�Oi 00'9_7 .00 8Z N ti ¢1;6 Section 2 Westside Station Oove & ,�soriem B iK 6 7 2 P c 1 8 8 wffx ester. Va s h A O if I 40 l ��- gi f� "W 1 0 �` /p0 `'7 ti a ,v?z.o,•z5�w � 6116 Lol /t or ems- rs�• �� - �i 'coon 2 . Jestside Station Do" a Associatm Wwxt estw, Va A -ea Oa&Sm/eo' ` 00 co ^ h of 57�8 3 Lof Z& �o/Zi D a Q1 ��'J� 770d' 7t. �5" O aTt" flcrc5y a—-'/cr/ed /S- Vic% Sf-e-e-.= 3 !O J Gam" NZS%O'07 E Z7.5. �' -- e,115 �B , 6 2 P 1 9 0 Nestside Station Oove d Associates u, WsictasterVa. 810 n �.Q V ou 00 L, rao SN ��'CSi6�► I / � [1 � � I I 5fcr!�- 75 �j a1 Aw 0Cj 0 1 dl — �, 1 C • y d� o 6 a 0 IV / N IT u u "- �7�j Sactim 2 Westside Station Dove & Assocf=m Wes, Va. ell"5 � o NZ3 /O"07 F ti lt��s43 de S/o lion O 7/ ve (5-mow) zoo 00"_ -- .?� 5Z e' '72 00 • 70.00 Sh�ti� Lot -3Z L of 3n Dive 10.65¢ 1 i0, mq •.5 Lof �i W Lof ---:�64 I of �1 Ks I VNi T � a 5 J szso4��"wga��'. cn N 'W OlOrm mower Earn r ; �a.0i0' %o 00 7Z.O_D' 70m, LJ Zn'04 30"W Biv4.�7" '0" �il�e aL A1644� 55 W Sto�ian C . �loaao' /D�.6'J� 66. off• - Nt5'!O'07'E Z 7 5 Polo" wesfs idle zoo 00• 70 0o" �Jl�d1�%O/7 Q�•.�� • , ve Lof34 Lof 35 ,0V I , /D, /00/ � l q) I� �R 'JO " Olorm 6ccucr- 10/ � N 815• )� E .. � �• �. 488 �'o 70. 00' I 70.00 ' 9t5'D¢'M W 66407' a( "l 5tote Vo cn imp `lb-n CO OUt/at :4 " - ,�X� r % 1� Caren 70 Enec�nf •. �r GG I 6Z4.15'5n"E .0.e0.. / .n . ,: 5000, 40 0 0 t�'_9_5"00"�✓ 4c ' 1 BK6 7 2PG 9 4 AR A4 A "V &Z-70 ' 1 1.6 ' 1 '7 �7 L&41 4,4 L& 37 7:3 Ol 600 /01 4e5 /01 4049e Lof 4e fl -ectim 2 Westside Station Do" & AsmocWtss mhests, Va. L& 40 1 s /0, e05 \2"s n N. 3 co C k A n Y I 10 {CULT. TKROCI:w..RTOM a�ACE ATTDRrer, AT 1AW Y}MLKERT STREET ftR. NTER.VIRTNIA 2--1 8K79:;�'c0O3B THIS DEED made and dated this day of April, 1993, by and between REVF,LSTONE, L.C., a Virginia limited liability company, and WESTSIDE STATION, INC., a Virginia corporation, parties of the first part, hereinafter called the Grantors, and HAMPTON ENTERPRISES, a West Virginia partnership, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in the consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General warranty and English covenants of title, unto the Grantee, in fee simple, as specific partnership property as provided for in Title 50 of the Virginia code, the following realty: All of those ce_*.ain lots or parcels of land located in Bain creek Magisterial_ District, Frederick County, Virginia and described as Lots 4,5,7,8,9, 10,11,12,13,14,15,16,17,18,19,20 and 21 of Westside Station, Section Two as the same duly dedicated, platted and recorded in Deed Book 672, at Page 173 and Lots 22,23,24,25,26,27 and 28 of Westside Station, Section Two as duly dedicated, platted as depicted on the plat of resubdivision a portion of Westside Station -- Section T.;o attached to the Amanded Deed of Dedication and Partial Vacation %gated April 5- , 1993 and recorded in Deed F ,ok 7'ir , at Page .1 __, among the lard records of Frederick County, Virginia. This is the same property conveyed to kevelstoke L.C. by deed dated April 6, 1992 in Deed Book 782, at Paga 643 and a portion of the property conveyed to Westside Station, Inc. by deed dated February 10, 1988 in Ceed Book C�72, at Page 205. Reference is hereby made to the aforementioned deeds, plats and deeds of dedication and the references contained therein foz a further and more pax-cicular description of the property conveyed herein. LESS A14D EXCEPT, Lot 26, Section 2 Westside Station, as the same is duly dedicated, platted ayid recorded in Deed Book 672, at Page 173, in J T) aK; J`� r,0639 the aforementioned Clerk's Office, that was conveyed to James G. Gibson, by deed dated August 1, 1989 and of record in the aforesaid Clsrk'a Office in Deed Book 723, at Page 481. This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any affecting the aforesaid realty. The execution of this Heed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or By -Laws reserves the power unto the stock -holders to convey a part of the corporate real property. The execution of this deed has been duly authorized by the members of the Grantor limited liability company and in accordance with their original operating agreement. WITNESS the following signatures and seals: RE OKEE, L.C. gy, i (SEP_L) I,ou Enterpaises, Inc., member by Jimmy Russell, P1''s//ident FF ✓i y f L�SEAL) m Benjaner, member By: —��, --. -- (SEAL) WESTS1:D'E STATION, NC, r ty:_ ' Q i ,(SEAL) STATE `F VIRGINIA CITY/COU-ATY OF ,n �, To -wit: I/_.rr,lSys _ _ , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Loudoun Enterprises, Inc. by jimmy Russell, its president, 9CVLLVI rNROCCc110RRM1 O OLAaG 111rpRN[ra AT lA'M aswun+Ka Neater N[NCMU19R.Y1M04NlA "W1 61111 95 ;r0040 as a member of REVELSTOKE, L.C., a Virginia limited liability company, whose name is signed to the foregoing Deed , personally appeared before me and acknowledged the same., i Given under my hand this _1 day of April, 1993."�.' any^•. My commission expires � cf �G ''•` Notary Public STATE OF VIRGINIA CITY/COUNTY OF Lnoidom , To -wit: a Notary Public in, and for the jurisdiction aforesaid, do hereby certify that Benjamin Weiner as member of REVELSTOKE, L.C., a -Virginia limited liability company, whose name is signed to ;.he foregoing Deed personally appeared before me and acknowledged a the same. Given under my hand this to day of April, 1993. 1 My commission expires lq_ r •° Notary Public '. y ,, �• t ` � .';' STATE OF VIRGINIA CITY/COUNTY OF LOU4JYt r To -wit: a Notary Public iq�and for the jurisdiction aforesaid, do hereby certify .:,that Parnell Porter 1ia+ite�t-:rt#ty--span, whose name is signed to the foregoing Deed personally appeared before me and acknowledged the same. Given under my hand this 0— day cf April, 1993. I 9CUILY. TwNacuoarNN x 61Y& ArToaNersAr uw MWU RINTFTNeET Y HWUTEN, V!ArJNIA M1 Mq �� rt 8X 7 r ` fl 0 4� Hy commission expires_ � 1 Notary Public (, t41et` STATE OF VIRGINIA '4y a CITY/COUNT—Y� OF , To -wit: I 1 / l� �� • U 1 /l( , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that vpu�h " C Phi G9orn_ aE ar,nd duly authorized officer for WESTSIDE STATION, INC., a Virginia corporation, whose name is signed to the foregoing Deed personally appeared before me, and acknowledged the same. f., ' Given under my hand this ��day of April, 1993,1'►t�t�� s' my commission expires t7, � ' � do Y Notary Public fir �%i,''n1 sc"tLy. TMFGfkii6ilipl ATrOMMYSAT UM )ODM%W IMMU AWCMU"N, V1MG1011A 2=1 042 AFFIDAVIT OF Dt ORG.AK1ZATZ42I Before me, the undersigned Notary Public, personally appeared Jimmy D. Russell, President of Loudoun Enterprises, Inc., Benjamin Weiner and Parnell Porter, who being duly sworn, depose and say: That Revelstoke, L.C., is a duly organized Virginia limited liability company and has been such since its inception through the present date of the execution of the attached deed dated April 4, 1993. Further, that at all times during the existence of Revelstoke, L.C., there has always been at least two members who were not in b-inkruptey. Further, that we are authorized to sign legal documents, including deeds, on behalf of Revelstoke, L.C. and that we are the only members of Revelstoke, L.C. Revelstoke, L.C. is winding up its affairs. REVE OKE, L.C. Y. 11 (SEAL) Lo Ente rises, Inc.,, member by Ji y Russell, President Y: 1 Be _(SEAL) Benja�� in�r, member By: rT _(SEAT-) Parnell -� ��a STATE OF VIRGINIA CITY%COUNTY OF�To-wit: Irv' �vlir? rOv� a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Loudoun Enterprises, Inc. by Jimmy Russell, its president, a member of REVELSTOKE, L.C., a Virginia limited liability company, whose name is signed to the foregoing Affidavit personally appeared before me and acknowledged the same. SMLLY. G6Adl ATTOPINVY2 AT LAW 7Ot0l KINT 9MECT PINCN63TCR. VIROINIA 7 wi eWLLY. THROCKSh;41T0N • awe ATTORNEY!AT LAW 20 SOIRH KINT STREET ,WM:IIe3tER, VIRGINIA 2MI uK7�5�.'.'D043 Given under my hand this e2 day of Aprili993. My commission expires 171' Notary PubI c.,�'~ STATE OF VIRGINIA CITY/COUNTY OF L1EAnr� _, To -wit: ` I � a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Benjamin Weiner as member of REVELSTOKE, L.C., a!iVirginia limited liability company, whose name is signed to the foregoi;.:; Rzridavit personally appeared before me and acknowledged the same. ; riven under my hand this day of April, 199,3?'�'�To';; p My commission expires --- w Notary Public STATE OF VIRGINIA CLdW /COUNTY OF LaudrUY% _. Zoo -wit: I'greLa-- U �s•k�eY , a Notary Public in and u for the jurisdiction aforesaid, do hereby ceiiify that ia Parnell Porter aaF =xi �; whose name is signed to the foregoing Affidavit parLonally appeared before me and acknowledged the same. Given under my hand this 81 day of April, 1093.1,Ia My commission expires \Lt- 311 V Notary Public WRGI` k- FRLi fERICK (;QtjNTY, �_T. This instrument of writing r.,a� p-wticad to me on the ��d�yct�i3��2t and with ccrIiOcate vi a-k ,ems eas'+rent thare;o annexed spas adrniVid to rc¢vord. Tax in;,�xx; ly 53-54.1 of S2'�,95, 0-8nd 58-54 1)a.s been ix: j , if assessable. CLERK 91BI : dhD FEB 1010 et Ok 1 Y(Y 4- #999 WESTSIDE MEDICAL PROPERTIES TO- DEED WESTSIDE STATION, INC. 9K6 T 2PG205 THIS DEED made and dated)this loth day of February. 1988, by and between WUT3IDE M96ICAL PROP$ TIES. a Virginia Pfr—t4irship, party of the first part, hereinafter called the Grantor, and ME$TSiDV STATION. INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESBETHs That for and in consideration of the sum of Ten (110.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowl- edged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple, absolute, all of that certain real estate, together with the improve - meats thereon and the appurtenances thereunto belonging, more (particularly described as follows: TRACT ONE: All of those certain tracts or parcels of land, located in the City of Winchester, Virginia, designated Parcel 1, containing 34,000 Square Feet, Parcel 2, containing 41,603 Square Feet, Parcels 1 and 2 shown on Deed of Dedication of record in the Office of the Clerk of the Circuit Court for the City of Winchester, Virginia in Deed Book 220 at Page 522, and Parcel 3, containing 3.6098 Acres, more or less, as shown on the attached sketch by Dove and Associates which is by this reference made a part hereof as if set out in fulll Parcel■ 1, 2, and 3 being the major portion of the same land conveyed to the Grantor herein by deed dated August 22, 1986, from Guy J. Oates, at ux, of record in the aforesaid Clerk's Office in Deed Book 204 at Page 674; and by deed dated May 19, 1986, from Shenandoah Pools, Inc., a Virginia Corporation, said deed being of record in the aforesaid Clerk's Office in Deed Book 201 at Page 4991 and by deed dated December 1, 1967, from the City of Winchester, Virginia, of record in the aforesaid Clerk's Office in Deed book 220 at Page 5051 and a portion of the land conveyed to the Grantor herein by deed dated pay 20, 1906, from June lishpw Burst, widow, of record in the 4. sK672PG206 aforesaid Clerk's Office in Dead Book 204 at Page 6771 and by Dead of Correction, dated November 19, 1986, of record in the aforesaid Clerk's Office in Deed Book 20Y at Page 46; and the same land conveyed to the Grantor herein by Deed of Exchange, by and between the Grantor herein and Betty H. Carroll, Trustee, dated June 16, 1987, of record in the aforesaid Clerk's Office in Deed Book 220 at Page 510; and by deed dated November 30, 1987,'from the City of Winchester, Virginia,.of record in the aforesaid Clerk's Office in Deed Book 220 at Page 537, TRACT TWO: All of those certain lots or parcels of land, lying and being situate in the City of Winchester, Virginia, described and designated as Section 1, Westside Station, Lots 44 - 49, inclusive, as shown on the plat of survey drawn by Edward W. Dove, C.L.S., dated November 26, 1987, attached to the Deed of Dedication of said Section 1, Westside Station, dated February 10, 1989, of record in the afore- said Clerk's Office in Deed Book 2ZI at Page 00 , and by this reference made a part Hereof as if set out in fulls and being a portion of the same land conveyed to the Grantor herein by deed dated June 20, 1986, from June Fishpaw Hurst, widow, of record in the aforesaid Clerk's Office in Deed Book 204 at Page 677. TRACT THREE: All of those certain lots or parcels of land, lying and being situate in Back Creek Magisterial District, Frede- rick County, Virginia, described and desig- nated as Section 2, Westside Station, Lots 1 - 43, inclusive, as shown on the plat of survey drawn by Edward W. Dove, C.L.S., dated November 26, 1987, attached to the Deed of Dedication of said Section 2, Westside Station, dated February 1, 1988, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 672 at Page 173 , and by this reference made a part hereoY-as if set out in full; and being a portion of the same land conveyed to the Grantor herein by deed dated May 19, 1986, and Deed of Correction, dated November 26, 1986, from Shenandoah Pools, Inc., a Virginia Corporation, said deeds being of record in the last aforesaid Clerk's office in Deed Book 617 at Page 246 f C 0 OW67 ZPGI07 and Deed Book 632 at Page 763, respectively; and a portion of the some land conveyed to the Grantor da May 24, 19E6y from June tishtAlk� u Mi ;, of record in the las a>}ors id Clerk's OffiCea Deed Rank , E4 at Page Reference is made to the aforesaid plats and deeds for a ogre particular description of the properties herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject properties. The Grantor does hereby covenant that it has the right to convey to the Grantees that the Grantee shall have quiet and peaceably possession of the said property, free fror all liens and encumbranceel and it will grant such further assur- ances of title as may be requisite. WITNES8 the follorinq signatures and seal$: WESTSIDE MEDICAL PROPERTIES By J. V. ARTHU INC. Partner BYE I ""114��L 'R , JR., its President By Z: (SEAL) H.Aar m r STATE OP VIRGINIA, CITY or WINCHESTER � TO-WITt I, flOROIHY K. 00WER , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J. V. ARTHUR, INC., by its President, Delbert E. sibert, Jr., and H. RUSS= POTTS, Partners of WES?RIDE XMICAL pwr - ERTIES, whose nails are signed to tbs foregoigg Deed, bearing 3 I M e. f. SK672PG208 date of tsbruary ie,-1968,'have pera oy appeared before os and acknowledged the sauce it my State aid;; jurisdiction afore- said. Given under ary band this 19th day of February, 1909. My Commission expires October S. 1988 w 0 4 t �•• Fy W&Whw *ru cw.xww w u.7 A . W1G �G S/ •`iir7 /I�Gi•.sv ^. r 5i/1,cy:?o 7YY V2103W 30/5153M , NJl�'.YS � � / / • / All Mrs c:r aaova�r•,c �nu� / / �� / ��'i Z M(L lM1r11i)i c�r►asd oUrwa=O / t now hl- ff` / "d 0.3 OV 4zV.V M.L/ ,t0 Al *V,7 �?Idraiq�d'� &ASSCCLATM u39oRANDOMrilUm;aoAD sum7w CAwALvltipj"=3o • FLAN M ,S,R„E„WS aK6I2PG2 f 0 • tr�Cncw • CCrisrRLCrx.1 Mrrss aura boowas asaCArmou VRRCEL 3 WZSTSIDE MEDICAL VROVERTIES CITY of tiISTIR, ♦MXHIA Beginnim ate a;pvint on -the easterly line of Route 37 (variable width) said point being known as Monument No. L02 marking a corner co Eton to -the City of Winchester and Frederick County, thenfe-dionq said line of Route 37 North 23° 41!�25" East 195.62' to a point, said point being the southwest corner of the now or formerly Boyce Property, thence departing Route 37 and said city/county division line and running with the southerly line of Boyce South 660 20' 28" East 140.031 to a point marking the southeast corner of Boyce, thence running along the easterly line df Boyce North 230 39' 33" East 343.69' to a point lying on the southerly line of Aaherst Street (Route 30 -- variable width), thence with said line of Amherst Street North 020 13' 26" East 269.84' to a point, thence departing Amherst Street and running along the lines of the now or former lt;endal Property the following courses and distances, South 25 08' 22" West 228.191to a point, thence South 640 51' 38" East 28.00 ' to a point, thence South 040 04' 26" East 59.26' to a point, thence South 660 2V 54" East 133.58' to a point, thence departing Kendal and running through the lands of Westside Medical Properties the following courses and distances, with a curve to the right and an arc distance of 178.86', said curve having a radius of 319.00' and a chord bearing and chord of South 640 26' 28" West 176.53' respectively to a point of reverse curvature, thence with a curve to the left and an arc distance of 201.381, said curve having a radius of 531.00' and a chord bearing and chord of South 690 38' 22" Nest 200.161 respectively to a point on the division line of the City of Winchester and Frederick County, thence with said line North 890 32' 17" West 320.290 to the point of beginning, the herein described parcel of ground lies entirely within the boundaries of the City of Winchester and contains 3.6099 acres of land. ytRr,INb�• FREDERICK Courn Y, cc 1. This instrument of wri ng was smock"ed to a U"tile 5 Q m. and witfi cCrbNcat: ut atknowladsRt^"t t was adnotted to recoc d lax unjj=d Y r = ' S (a nd 5II•54 have been Aald CLEF.K n0.'y , 8K705Pc377 THIS DECLARATION OF COVENANTS, CONDITIONS AND ItMU CTIONS made this 9th day of November, 1988, by and 1Ne, QV, WESTSIDE STATION, a Virginia corporation. WHEREAS, Westside is the owner of certain property known as Westside Station, lots 1-43, Frederick County, Virginiat and Westside Station, Lots 44-48. City of Winchester. Virginias and WHEREAS, it is the intent of Westaide to subject said property to certain eaaements, restrictions, covenants and conditions for the purpose of protecting the value and desirability of said property, all of which restrictions *hall run with the property or any part thereof, and shall inure to the benefit of each owner thereof and his successor in interest. ON THBRUORB, WITUN88ETHr That for and in consideration of the aforesaid. Westside does hereby subject said lots to the following covenants, conditions and restrictions. ARTICLE 1 DEFINITIONS Section 1. "Owner" *hall mean and refer to the record owner, whether one or more persons or entitties, of a fee simple title to any lot shown on the attached plats. Section 2. "Properties" shall wean and refer to the lots in Westaide Station, Lots 1-43 and Lots 44-48 as N t•t �- dedicated, platted and recorded herewith, and any • Q Q r*subdivieione or corrections thereof. �L� do -J 5 1 �w V �J lip psi 1 s' I t BKl0SP6378 Section 3. 'Lot` shall mean and refer to any plot of land shown on the attached plate. ARTICLE II GENERAL PROVISIONS Section 1. Enforcement. Westside and any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants. reservations, and charges now or hereafter imposed by the provisions of this declaration. Failure by Westside or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall, in no way, affect any other provisions, which shall remain in full force and affect. Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, for a term of twenty (20) years from the date this declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the lot owners, including at least one lot owner other than Declarant, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the lot owners. Any amendment must be recorded among the land records of the Circuit Court of the City of Winchester, and 2 i 4 OK105rG319 the Circuit Court of Frederick County, Virginia. The provisions of this section shall in no way limit the right of Mestside as otherwise provided in this instrument, to waive and/or modify the covenants and restrictions as set forth heroin: ARTICLE III EASEMENTS 1. General. Easements for install6tion and maintenance of underground utilities, supply and transmission lines, including but not limited to electric, telephone and cable television, above ground or underground, and sewer, gas and water lines or mains, and drainage facilities are reserved to Meetaide through all lots, except only approved building areas. Such easements shall included the right of ingress and egress, provided that any damage resulting from the installation, maintenance and repair of an underground utility, supply and transmission line and drainage facility shall be promptly repaired or replaced at the expense of the corporation or authority which directed the entry. Mestaide expressly reserves the right to change, relocate, establish new, or discontinue, any street or areas designated as open areas as shown on the recorded pelts, or amendements thereto, except that Wastaide may not eliminate or change any such way necessary for ingress and egress to and from an owner's promises, and provided that any such modification shall be subject to the approval of the City of Minaboster and Frederick County, Virginia, if such U _ I. I n H I kidithd.. I 1. .. Ip --i SK705PG300 approval be required. 7. Lot Storawrater Management and Drainage. All lots shall be developed respecting the recorded storaewater drainage easements for the subdivision. No structures, fences, major landscaping or any other obstacle which could limit the flow and velocity of storm runoff shall be placed within the drainage easements. On those Lot■ where recorded drainage easement■ are crossed by private driveways and sidewalks serving individual houses, the lot owner shall provided on site drainage culverts, ditches and/or bridges which are sized and located to accommodate the anticipated runoff volumes. The design for these drainage improvements shall be approved by Westside. ARTICLE V USE RESTRICTIONS AND BUILDING REpUIREl4ZM 1. Land Use and Building Type. No lot in Westside Station ■hall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling. 2. Square Footage. No one story building shall be constructed on lots with a fully enclosed first floor area of less than sixteen hundred (1600) square feet, exclusive of carports, garages and open porches. All other styles of buildings (i.e. two story, one and one-half story, etc.) shall have a total fully enclosed area of not less than two thousand (2000) square feet. 4 I BKT05Pc381 3. Exteriors. The exterior of the dwelling and of all outbuildings shall be wood, stone, brick, ti aluminum/vinyl, or a combination thereof, except that in no event shall any dwelling contain in excess of 251 h aIuninuo/vinyl. 7 4. Setback Lines. All structures to be erected on ' all lots in Mastaide Station shall be in strict conformance i to the front, rear and aide lot setback lines which currently shall be in force in the jurisdiction in which the lot is located, in deciding whether the setback requirements have been met, all parts of the building, including garages and porches, and all projections thereof such as bay and bow windows, exterior chimneys, covered porches, porticoes, eaves and stoops shall be considered. 3 5. Fences. No fence of any kind shall be erected or maintained on any portion of a lot unless approved by Mestaide. 6. Nuisances. No noxious or offensive activity shall be carried on upon the properties, nor shall anything be i done thereon which may be or may becom* an annoyance or nuisance to the neighborhood. Property owners are to keep their lots free and clear of weeds and brush, and in the event such an owner refuses to keep said property free, 5 I OK705PG382 then Mestaide soy eater and remove the same at the expense of the owner and such action shall not be deemed a trespass by Mestaide. Ma trucks having aload capacity of more than one ton, or tractor -trailers, shall be permitted to remain on or be parked on any lot overnight. 7. Business. No trade or business of any kind shall be advertised from or conducted on a lot. Thor foregoing shall not prevent use of ohs or more of the homes erected or to be constructed on the property as a sales office, model home and/or construction office by Mestside or builders approved by Mastaide during development of the properties and construction of homes thereon. S. Signs. No signs of any kind or character shall be exhibited, displayed or placed upon any portion of a lot, except that the owner of a lot may place a sign not larger than two (2) square feet thereon, bearing the words "For Sale' or 'To Rent' together with the name and address of the person to whom inquiries regarding the sale or rent of such property are to be addressed. Thw owner or occupant of a lot may also place one sign thereon, but no such sign shall be larger than one square foot, and the same must'be permitted and approved as required by applicable ordinances and regulations, Nothing herein contained shall prevent Nestaide from erecting and maintaining on the properties' entrance signs, directional signs, signs for traffic control or safety, community "theme' areas and promotional signs. 6 r I ex7n5Pc303 9. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. The foregoing covenants and restrictions shall not apply to or prohibit the erection or maintenance of a sales office by Mestaide and shall not apply to or affect any signs, used by Westside or by any firms, persons or corporation, holding a mortgage or mortgages, or by any persons, firms, corporations and agents who may, will and do insure and guarantee said mortgage or mortages, as to the plots or parcels hereinabove described. 10. Livestock and poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 11. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish. Trash and garbage containeers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained upon any lot. 12. 4rees. No hardwood trees ibn excess of six (6) inches in diameter, two (2) feet above the ground, shall be removed from any lot without the prior written approval of Mestside or its duly appointed representative. Westside may, from time to time. adopt rules and regulations 7 oil WOO k regarding the preservation of trees and other natural resources as it may consider appropriate. 13. Structures. No barn, kennel, run, stable, outdoor clothes dryer, playhouse, shed or other structures shall be erected, used or maintained on any lot at any time, except with the prior written approval of westside. 11. Antenna. No exterior antenna (including satellite dishes) for the reception or transmission of radio or television communications shall be erected, used or maintained on any structure on any lot at any time, except with the prior written approval of Nestside. 15. In.operable Vehicles and Major Recreational Lquipment. (A) No inoperable vehicles shall be parked or stored outdoors for more than one week on a lot, and not more than one such vehicle may be parked outdoors at a time on any lot. Any vehicles not displaying current license plates and inspection validation certificate as required by Virginia law shall be construed as an inoperable vehicle. (B) No major recreational equipment, not parked or stored in a garage, shall be located in any front or side yard. Major recreational equipment, as defined for purposes of these restrictions, includes travel trailers, pickup campers, motorized dwellings, tent trailers, boats and boat trailers, houseboats and the like, and cacao or boxes used for transporting such recreational equipment, whether occupied by such equipment or not. Any such a 9 BK7057085 equipsient located in a rear yard shall be screened from adjoining property owners by screening to be approved by Nastside. 16.. Outside Storage. No materials other than woodpikes for personal home use will be stored outside or under decks without screening to be approved by Meataide. ARTICLE VI MIBCELLANZ(XJS I. rurther Subdivision. No of said lots shall, at any time, be subdivided, conveyed or sold except as a whole, unless the sale or conveyance results in a lot larger than the lot size as shown on the recorded plate. No easement or right of way shall be granted over any lot except for purposes of public utilities (water, sewer, electric, gas, telephone, cable, television, etc.) 2. Additional Covenants. xestside reserves the right alone to impose additional restrictive covenants and restrictions on the said lots and further reserves the right to waive any and all of the covenants and restrictions contained herein. The right of waiver shall not affect the binding effect of the covenants and conditions upon any lot. 3. Exemption of Wastside. Notwithstanding the foregoing, Mestside &hall be entitled to conduct on the properties all activities normally associated with and convenient to the development of the properties and the oonatruction and sale of the properties. MITUM tbA following signature and seal: NESTSIOE STAT a Virginia corporattotr by: ISE. area or , oe •a nt 9 I i sKl05rG386 *?Ate OF VIPAINZA AT LANE County of Loudoun, to—itr I, the undersigned Notary Public for the State of Virginia at Large, whose coaosission as such expires on the 2 day of , 191o, do hereby certify that —(name and title) of wESTSIDE STATION, INC., a Virginia corporation, whose nacre is signed the foregoing instrument has personally appeared before me in the County and State mentioned above and acknowledged the same on this the i day of LW, , 19.: V1Rt KA. FREDERMCOUNTY, SCT. Thts b�rw A w" to meMaa '*awth OxtiCrtt4 of i1Ct.hllb Vweto ardwnd was admitted to recall /,'B 1/ '.&T .47, U/�� CLERK —rotary Pu6IIc 10 akl53rcpgl2 �-10 THIS DEED and WAIVER, made and dated this 13th day of November, 1990, by and between HAZEL B. HIMELRIGHT, femme sole, party of the first part, herein- after called the Grantor; JOHN S. DANCHISKO and DONNA B. DANCHISKO, husband and wife, parties of the second part, hereinafter called the Grantees; and WESTSIDE STATION, INC., a Virginia corporation, party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars. aid other valuable consideration, the receipt of which is hereby acknowledged, tae Grantor does hereby grant and convey with General Warranty and English Covenants of title unto the Grantees, in fee simple, jointly, as tenants by the entirety, with common law right of survivorship, it being intended that the part of the wu one dying should then belong to the other, his or her heirs or assigns, the w;m p 5 z z following property: aQ�- w<u All of that certain tract of land, together with all rights, n ° rights of way, improvements thereon and appurtenances thereunto 7 3O 'n belonging, situated in Back Creek Magisterial District, Frederick a <N u N County, Virginia, designated as LOT 37, SECTION 2, WESTSIDE m; STATION, as the same is duly platted and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 672, at Page 173, et seq.; and further described by m plat and survey dated October 1990 by Douglas C. Legge, C.L.S., y a copy of which is attached hereto and made a part hereof by o r reference; and being the same property conveyed to Hazel B. . c Himelright, femme sole, by Deed dated November 28, 1989 from m 3 Westside Station, Inc., a Virginia corporation, of record in the aforesaid Clerk's Office in Deed Book 732, at Page 370. v u N 3+ .. o Reference is hereby made to the aforesaid instruments and the attachments V1 U N zo a and the references therein contained, for a more particular description of the property conveyed. Uu— F' This conveyance is made subject to all easements, rights of way and z c' restrictions of record affecting the subject property. A Bx753�'u0873 The party of the third part joins in this deed at the request of the party! of the first part and pursuant to authority reserved in Article VI, Paragraph 3, of the Declaration of Covenants, Conditions and Restrictions of Westside Station of record in the aforesaid Clerk's Office in Deed Book 705, at Page 377, and hereby agrees to waive the minimum setback lines as set forth in Article V, Paragraph 4 of the aforesaid Declaration. WITNESS the following signatures and seals: (SEAL) HAZE B. HIMELRIGHT WESTSIDE STATION, INC. i BY: c+ ��� (SEAL) �F�VELL ce P sident STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this pls+ day of November, 1990 by Hazel B. Himelright. NOTARY PUBLIC IMy Commission expires: Sun,_ 30, 199Lt STATE OF VIRGINIA, COUNTY OF LOUDOUN, to -wit: The foregoing instrument was acknowledged before me this/,S ay of November, 1990 by Parnell J. Porter, Vice President of Westside Station, Inc., a Virginia corporation, on behalf of the corporation. 7 NO��I ZC Commission expires: A �►'t�3PG0$74 , � 7o WeQlA . y!t S!olrM 4 IRS DRAINAGE EASEMENT KATHY COURT RaT) 40' R/W �ry zY74.66' IR 5 8932'18" E_ 54.84' IRS OUTLOT 'A' —ITLE. PED. IV/ 9 n n N BRICK STOOP & SIDEWALK ry 9 CONCRETE DRIVEWAY TWO STORY BRICK Ob IRF OWELUNG WOODEN DECKTEPs LOT 38 3 ss?Sow nb LOT 37 aBIUNGEY IN ✓N 11.286 Sq. Ft. STFOk Io to?, ` OT 16 �s eS M!<<f 9 \ RS In UB01`jS1 01.1 IRF LE NO IRS Iron Rod Set IRF Iron Rod Found NOTES SURVEYOR'S CERTIFICATE 1. The lot shown hereon does not lie within I hereby certify that the information shown on this a designated 100 year flood plain. plot is based on on actual field survey and there ore 2. No title report furnished. no encroachments or visible easements easseem'ments unless shown. 3. Easements other than shown may exist. !_�%���rL"GO1� C•• - Douglas C. Leggee G.L.5. BUILDING LOCATION SURVEY - LOT 37 Pt T F1 Op WESTSIDE STATION - SECTION 2 ��` BACK CREEK MAGISTERIAL DISTRICT c FREDERICK COUNTY, V/RGINIA S DOUGLAS C. LEGGE Z t7 CERTIFICATE NO. .-. DATE: October 22, 1990 SCALE: 1"=30' SURVEYED: October 18, 1990 U 1197 1a gilbert w. Clifford do associates, ine. CERTIFIED ENGINEERS - LAND PLANNERS - SURVEYORS LAND 15L-C Olde Cre—Tch Drive 200 North Com — Slreet SURVEYOR Fr.derkkeburq, VlrginTo 22401 WIncheater, v glnlo 22501 (703) 598-2115 (703) 667-2139 VIRGINIA- FREOERICK COUNTY, SCT. This fnstryment of wntfn, was produced to mre9onnthe J day of /t/G to— ar.�== F� and with certificate of adclrowled6me nt thereto annexed ,,as admitted to record. Tax Imposed by Sec. 58.54.1 of SQ;t V* , and 5&54 heve been Mid, if assessable. KCLERK A zts`4 - BH 253 TG 1 369 8K782G-0643 ;•:THIS Dggp'sada this Bth'day of April, 19929 by and between '`.SIDS STATiUN,.INC„ a Virginia corporation, Grantors; and ggOgy$TpRE ," L.C."M Virginia limited liability company, Grantees; W I T N E 9 S E T H: Thst f the sum of Ten Dollars cash in for and in consideration o hand paid;"i'eceipt of which is hereby acknowledged, the Grantors do her eby'graiit,'bargain,'sell and convey with GENERAL WARRANTY OF -•TITLB, untd;the Grantees, all of that certain lot or parcel of land together with the improvements and appurtenances thereto pertaining, mituete;'..'-- `asd being in the City of Winchester, Virginia., and the County of •Frederick, Virginia, more fully described as follows: LOTS 1 thru- 5, inclusive, and Parcel TWO (41,603 sq. ft.), SECTION 3, WESTSIDE STATION and,LOT46, SECTION 2, WE9TSID S STATION, as the s appears duly -dedicatId, Dlatted and recorded in Deed Book 221,,at,page,6b6, among the_ land records of the City of Iinchester, Virginia; and g q, 6; LOTS 7 thru 25, inclusive; LOTS 27, 28, SECTSON,2, WESTSIDE STATION, as the sane appears `dilly dedicated; platted and recorded in Deed Book g72 at page 173, among the land records of the County of Frederick, Virginia. And being part of the same property conveyed to Grantors by Deed dated February 10, 1988, recorded in Deed Book 672 at page 205 among the land records of tbe.Couuty of Frederick, Virginia and by Deed ..datedbruary 10, among the 8land crecordsnofethe Ded BCiook 1 City of :`Winchester, Virginia. �-U"tQz7 i' 5 a�a � K. H 253 PG 1 370 aK762F'C0644 � s. This eonveyapce is made subject to a certain deed of trust from :•: -Westside Station, Inc., a Virginia corporation, to Benjamin M. Butler •... <. s_ �,rw•, � and Thomas A. Schultz, Jr., Trustees, dated February 19, 1988 and '.r ,.,:. . recorded in the Clerk's office o" the Circuit Court of the City of Winchester, Virginia, in Deed Book 221 at page 819, securing Dominion Bank of Shenandoah Valley, Rational Association, in the original principal amount of $2,400,000.00 (also recorded in Deed Book 672 at — page 211 among the land records of the County of Frederick, Virginia) and having an approximate balance of $ 1,222,DDD-DD . Grantees ; 1 '-' hereby assume the balance due on note secured by the above described I deed of trust, and covenant and agree to pay the aforesaid note in accordance with its terms and the terms of the aforesaid deed of _trust as evidenced by their signing of this deed. This conveyance is made subject to the restrictions and conditions -contained in the deeds forming the chain of title to this .'-property. TW.Grantors covenant that they have the right .to convey the ':: ,`'• aforesaid property, that they have done no act to_encumber the same (other than the liens being assumed hereby), that the Grantees shall ;:•r: ++s• have quiet enjoyment of the land being conveyed hereby, and that the ;.._ Grantors, Nill execute such further assurances of title as may be F - requisite. nK�r'J WE.' f A� BK 253 PG 1 37 1 BK 7 6 2 6 4 5 WITNESS the'f6ilowing signatures and seals: W�ESTSIDE SST TION, INC., a Virginia corporation by: (SEAL) —jA—RNELL J. PORTER, vice President EVE by: ' (SEAL) PARNME6 RTER, Member STATE OF VIRGINIA AT LARGE: County of,Loudoun, to -wit; ­ 1, the undersigned NotarY Public for the State of .Virginia at.kqSed�r o hereby certify that Parnell J. Porter . duly authorized officer of WESTSIDE STATION, INC.,' a Virginia corporation, whose name is signed to the ..foregoing Deed of Assumption dated the 6 day of April 1992, has o and acknowledged the same in my State piarsdnally4ppeareA beif 're m .4 6 da �Pri; 1992 County mentioned above on this — U ic 0. mi commission expires: m BK 253 PG 1 372 'eK782FG0646 STATE OF VIRGINIA AT LARGE: County of Loudoun, to wit; I, the undersigned Notary Public for the State and County mentioned above, whose commission as such expires on the day of � 199 do hereby certify that Parnell J. Porter, duly authorized member of REVELSTOKE, L. C., a Virginia limited liability company, whose name is signed to the foregoing document dated 6 th day of April , 1992, has appeared before me and signed and acknowledged the same. Given' under my hand this 6 day of Apr.1 19 92 :•+.` ?otarY Public .YJIR.ItilA: FREDERICK COUNn FINThis instruftwt of writing wos pr"� _ to me on the with certiffcate ,. of acknoert *nt tt-'tto annexed we tI'` admitlad to rmaxd. tit ` _ KCLERK l . tabYYlH Ci'i 1 of W irC-Mbl lu , oUt. c} [hit latdrnmenl of wr' 4 way produced o mo on thr ornrnf aei if 19e1_ e to cioawivag'n•tot !haratu 'a•is adm+tl"d !o +aoord, '.i.i imps '+ sec. 58.54.1 of 3�i�[��H'SR :re hem n BK795FG0030 THIS AMENDED DEED OF DEDICATION AND PARTIAL VACATION, made and dated this �1:11 day of April, 1993, by and between WESTSIDE STATION, INC., a Virginia corporation, party of the first part, and the REVELSTOKE, L.C., a Virginia limited liability company, party of the second part, and STEPHEN F. BOOTH and KAREN S. BOOTH, his wife, parties of the third part, hereinafter referred to collectively as the DECLARANTS, and COUNTY OF FREDERICK, VIRGINIA, party of the fourth part. WHEREAS, Revelstoke, L.C. is the owner of Lots 22,23,24,25,27 and 28 of Section Two, Westside Station, as the same is duly dedicated,. platted and recorded in Deed Book 672, at Page 173, among the land records of Frederick County, Virginia; and being a portion of thr same property conveyed to Revelstoke, L.C., by deed dated April 6, 1992 from Westside Station, Inc. of record in the aforementioned Clerk's Office in Deed Book 782; at Page 643; and h.:EREAS, Westside Station, Inc. is the owner in fee simple of Lots 29, Section Two and Outlot "BIT of Westside Station as the same is duly dedicated, platted and recorded in Deed Book 672, a:. Page 173, among the land records of Frederick County, Virginia; and being a portion of the same property conveyed to Westside Station. I:1c. by deed dated February 10, 198B form Winchester Kedical Properties in Deed Book 672, at Page 205; and, WHEREAS, Stephen F. Booth and Karen S. Booth, his wife, are the owners in fee simple of Lot 26, Section Two, Westside Station as the same is duly dedicated: platted and recorded in Deed Book 672, at Page 173, among the land records of Frederick County, Virginia; a,d being the same property conveyed to the said Stephen F. _-)oth and Karen S. Booth, his SWLLV. T AoCxuon TON • atAaE ATTORNEYS AT LA. TOl - . -STREET WIRCN ESTE R. VIAWN IA a-rl D �49� w�'idI BK795°c0031 wife, by deed dated July 7, 1992 from James G. Gibson of record in the aforementioned Clerk's Office in Deed Book 780, at Page 1013; and WHEREAS, the DECLAPANTS herein desire to resubdivide the aforementioned real estate and to vacate a certain street designated as Westside Station Court as depicted on the attached plat of F. Duane Brown, C.L.S. dated April 28, 1988 and entitled "PLAT OF RESUBD1 TSION, A PORTION OF WESTSIDE STATION, SECTION TWO," a copy of which is attached hereto and by this reference made a port hereof. This partial resubdivision and partial vacation of Westside Station Court as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANTS and the necessary governmental authorities, as evidenced by their signatures on the aforementioned plat dated April 28, 1988. Further, the parties hereto desire to subdivide the aforesaid real estate in accordance with the provisions of the 'IT::-- Viiginia Land subdivision Act", as are applicable and in force and effect as of the date of execution of this Amended Deed of Dedication and Partial Vacation. NOW, THEREFORE, THIS AMENDED DEED OF DDEDICATION AND PARTIAL VACATION, WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANTS do hereby resubdivide, grant, dedicate and vacate in fee simple all of that certain tract or parcel of land forzerly designated as Lots 22 through 29, inclusive, and Outlot "B" and now described as Lots 22 through 28, inclusive, of Section Two, Westside Station, lying sua being situate in Back Creek Magisterial Ba M TN ROCKA"TO" a oust AT"ORN[YSAT IA" nfO KEW YTNF[Y R111C1 JMR, VIPOINIA i]KUI B K 7 9 5 '° G "S 0 3 2 District, Frederick County, Virginia and more particularly described by the aforesaid and attached plat of P. Duane Brown, C.L.S. dated April 28, 1988 and by reference incorporated herein as if set out in full, and which plat of resubdivision has been approved by the Frederick County Department of Planning and Development. This is the same real estate conveyed to the DECLARANTS by the deeds aforesaid. WITNESS the following signaturO, and seals: WESTSIDE STATIO , INC., a Virginia corporation ' r By:' ( f.'i� (SEAL) REVELSTOKE, L.C., a Virginia limited liability company By:(_— y (SEAL) Loud ni Enterprises, Inc., member by Jimm• sse,11,, President (SEAL) By: Am (SEAL) fF`, (SEAL) KAREN STATE OF VIRGINIA City/County of e1'rL_, To -wit: I, rc f. lY��li�+-� , a Notary Public in and for 'the jurisdiction aforesaid, do hereby certify that as &Ajpj and duly authorized `officer for wEETSIDE STATION, INC., a Virginia corporation, uhoba name is signed to the foregoing Amended Deed of Dedication and Partial Vacation, bearing date the �_ day of April, 1993, has this day personally appeared before me and acknowledged the same. Given under my hand this day of April, 1993. «.U... n, ouuonTon r GUM •tto.W_" •r LAw X BOUTH KEW 11AEET MW HEZiEk VIROIM IA ex795�'0033 My commission expires �r LJ�-- �; 3p 'n Notary Public STATE OF VIRGINIA City/County of �� To -wit: it �a . Qlir,bfl , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Loudoun Enterprises, Inc. by Jimmy Russell, its President, a member of REVELSTOKE, L.C., a limited liability company whose name is signed to the foregoing Amended Deed of Dedication and Partial Vacation, bearing date the -5L— day of April, 1993, ,as this day personally appeared before me and acknowledged the same. Given under my hand this day of April, 29� d.a t my commission: expires U 11 Notary Public~ STATE OF VIRGINIA I City/County of LDu4DUY% , To -Wit: I u a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Benjamin Weiner as a member of REVELSTOKE, L.C., a limited � 1 1 liability company whose name is signed to the foregoing Amended Deed of Dedication and ;:;ai•tial Vacation, bearing date ; the day of April, 1993, has this dzy aexspnally appeared before me and acknowledged the sine. Given under my hand this i day of April, 1993. �I My commission expires; WU 1. T'M0C: NGFTON 6 Q LASS ATTORNEY• AT "W M W VTH RENT SMUT MINCHUl R.VINO.MIA z2W1 Bni 95'�OG34 ctary Public STATE OF VIRGINIA City/County�jof �QVn To -wit: I,yA TUC Yi �U t fUV� , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that -gaParnell Porter Yh 1}y whose name is signed to the foregoing Amended Deed of Dedication and Partial Vacation, bearing date the � day of April, 1993, has this day personally appeared before me and ack-nowledged the same. Given under my hand this day of April, 1993. Hy commission expire9 ..ctary STATE OF VIRGINIA , City/County of L To -wit: I, � �_, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that STEPHEN F. BOOTH and KAREN S. BOOTH, his wife, whose names are signed to the foregoing Amended Deed of Dedication and Partial Vacation, bearing date the day of April, 1993, have this day personally appeared before me and acknow1zd;ed the same. Given under my hand this 6 _ day of Ar il, 1993. 24y commission expires rotary Public 2 &CULLY. TNROCKMONTok .It. ATTORNlYS AT LAN A SOUTH KENT STREET YONCNiSTER. VlKolklk �O1 31t .-. � —�'• U A 1 =- f PLRTOFRE-SUBDIVISION BK 7 J i'u 0 Q 315 A POMION OF HACK CREEK MAGISTERIAL DISTRICT I t FREDERICK COUNTY, VInGINIA Ij „;) 10 I , r�, • J. ARFLA P' C . APPROVED BY FRED. CO. SANITATION AUTHORITY _ DAT&j?Lr.Ajf PLANNING COMMISSION DATEY-1- -� SUBDIVISION ADMINISTRATOR DATF•-3 VA. DEFT. OF TFIRNSPOF ITATION � '` Al RK DATE ' f5 I O`V;iriER'S CERTIFICATIE The above and forgoing re -subdivision of the land of Westskfe Station, Inc., as appears l^ 1ha ac=.—,pa.. ng p!ztc is with the consent and in accordance with the des!res of the undersigned owners, propoietors, and trustees, If any. ve/��iKe .4 c P, P S SURVEYORS CERTIFICATE I hereby certify that the !and contained in this re-subdivislon is a portion of the land conveyed to Westside Staton, !nc.,from Westside Medical Properties by dead dated Fcbnary 10, 1988 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed Book 672 at pageB205. P. Duane Brown, C.L.S. I PG P. DUANE DATE: APRIL 28, 1988 COVER iSHEET BR N 0.1295 � `�� gilbert a, cliffor " sssoci_tes, inc. ND 9� v ecWa ;im� III- G3 nw a.... s.. j wdsrrw. nps nwf f1� w,u v�s�. vyYY :r Sri (10ft Milt y52^31'OQ'E- OPEN SPACE M73/ Se.FT. 'GUU3b �0 OUTLOT "C' N52?51 '00'E•-207. ez •'Ak .--- -- 2. m (STORM MAINTENANCE EASEMENT) i ^ �0 5' S i oRM MAINTENANCE O EASEMENT 26 96.4-2' a 12.00• 25 24 10,419 So. FT. ,. N \ 11,952 SQ, FT. Z Zo 23 \ m w O 15,776 SQ. FT.ELI 1 4 ' \ 22 S I Y 4- 5,3 o / 20 STORM ,0 0B,. EWER °w\ EEAS�Ni 21 � mac:. s� ' S•�5�o�5 � (� � Low AREA SUMMARY Area in Lots 1,8115 Acres Area in Open Space 0.59Q7 ef.M Total Area Subdivided 2.4022 Acres No. of Lots 7 Average Lot Size 11,273 SQ-FT, NOTE 69NR.WAASETB9KRE0UiR9K_NT-S { FRQ�T SET*.-.ACK - 35 I SIDE oETBy1CK - 10' REAR SETBACK - 25 0 i + Re -subdivision of a Portion of a,€►r Westside Station - Section 2 i nnTF: APRII 2R, 193A SCA! E: 1"m50' UA1;E r IRO'NN _EET NO. 1295 gilbort W. cliffor� Aee06AW, inc. �2 e41—eo .LAM erg ,.m, ar_I_ �& Ite'M_ 3�.i �e` enn3� WESTSIDE STATION - SECTION 2 OUTLOT "C" N35'41'73' �E 45' 1 �E iSTOAy Op ?0j9?' .1_73-41'25'E.34. 24 M�7tiTc ,- . - N �r� N NA GC I\�� ss 49S1��SFM i 0 0 ~V LU W w w 0 WESTSIDE STATION, INC. 1 �TOq� 2j22BFNT� 0,. u, (REMAINDER) f 26 r 101979 SQ. FT, /� e9SFMF NT „ �r 10 01 27 %� \ z L — ' �y 1N� 8,729 SQ.FT. /n 28 ✓y 10. 61SV.FT. 4 20 STORM EASEIAENNT wSST SIOFS6s0 TATIOb\° OgI�E 65 JIRQr"- FREDERICIK OOUfiTY,kr. This irstrurnent of-wrttirg ma The 2.4022 acres of land repressntsd herein is to me an the 1� � �; comprised of Wastside Slation Court, Outiot -B' a , � and Lots 22 thn, 29 of Westside Station - Section 2 0 n d acicnc>'wNlc!o �d wass;ae rwx'►sxetl was as recorded in ;`tie Oifice of the Clerk of the Circuit Court admh-W bo r>murt. of Frederick County. Virginia in Deed Book 672 at page 18�40 l� Ej%� rIIGVF Talxl F �l CLEM NO. A RADIUS = ARC YAN. CHORD CH.EEARING 1 155•27'51- 55.00' 149.23' 252.93' 107.49' N52°51'CO'E 2 07.58'48' '31.00' 73.8S' 38.88' 73.59' 554.47'57'W 3 25.39'28' 438.00' 198.14' 99.74' 194.50' 337°59'50'W 4 04.08`45- 438,00, 31.44' 15.73' 31.43' -S27•13'29'W S33'51.52-W 5 09.10'00' 438.00' 7C.07' 35.1 V 70.00' 8 09'10'00' 438.00' 70.07' 35.11' 70.00' S43-01.52-W 7 03•12*410 438.00' 24.55' 12.2e' 24.55' S49°13.12-W NOTE: MINIMUM SETBACK REQUIRaENTS FRONT SETBACK - 35' SIDE SETBACK - 10' REAR SETBACK - 25' Re -subdivision of a Portion of u[�'i'!/�.'IIi;a 1Jtle StSid 4afinn Section 7 e S.a..,,n - S_ction. P. DUANE '.4 DATE: i ARIL 28, 1988 SCALE: 1"=50' NO.IM gilbert W. cliffo WL associates, inc.qo�; p F"L_mar�.CF ! s.�. 11 50 0 SI 1 F 2 C/ T)- / /OF WINCHES -N- 37 14CINI TY MAP SCALE: 1 "--2, 000' PLA T SHOWING L 0 T CONSOL IDA TION ON LOT 21, SECTION 2 WESTS/DE STA TION DEED BOOK 672 PAGE 184 AND LOT 22 RESUBDI KS/ON OF A PORTION OF WESTSIDE STA TION - SECTION .2 DEED BOOK 795 PAGE 36 BACK CREEK DISTRICT FREDERICK COUNTY, 14RGINIA APRIL 20, 1994 SCALE.• 1 "=40' NO TES.• 1. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED ON TAX ASSESSMENT MAP / 53E ((1)) PARCELS 21 AND 22 AND IS ZONED RP. 2. CURRENT OWNER: HAMPTON ENTERPRISES DEED BOOK 795 PAGE .38 J. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED IN FLOOD ZONE C AS SHOWN ON FL OOD INSURANCE RA TE MAP 510063, PANEL 0115 B W17N AN EFFEC77VE DA T F OF JUL Y 17, 1978. 4. NO 777LE REPORT FURNISHED. APPRO VED L, FREDERICK COLIkTY SUB6OSIONV ADMINIS7RATOR SHEET 1 OF 2 ARCHITECTS ENGINEERS D= PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE 43045 JOHN MOSBY HIGHWAY P.O. BOX 2033 P.O. BOX 220626 WINCHESTER, VIRGINIA 22601 CHANTILLY, VIRGINIA 22022 (703)667-1103 (703)327-2355 / DA TE W.O.,{ 94176 �� ^ TH OF- � f� �O C1 O "-',har es Walls, Jr. No. 001945 Ntuzlt/; � AREA TABULATION LOT 21 8,013 SO. FT. 2 LOT 22 10,901 SO. FT. LOT 22A — 18, 914 SO. FT. (TOTAL AREA) z S 2570 07" W V— 4.54' 20' WA 7ERLINE EASEMENT I I �I 57. LOT 22A \\ \\ / 18,914 SO. FT. \ / I \ 35' B.R.L. PROPERTY LINE o HEREB Y VA CA 7ED o S 2570'07" W 157.08, ^ �0 Q�h 525 "t TO KA THY COURT WESTS/DE STA 77ON DRIVE 56, R-0-W GRAPHIC SCALE - 20' SANITARY SEWER EASEMENT 40 20 0 40 OWNER'S CONSENT ( IN FEET ) 1 INCH = 40 FEET THIS PLA T OF CONSOLIDA 77ON TO COMBINE LOTS 21 AND 22 INTO ONE PARCEL IS MADE WITH THE FULL DESIRE AND CONSENT OF THE UNDERSR,NED OWNER. ID i V'cn i � v' S I i- a i l ' �Z c-bi DATE" STA TE OF G COUNTY OF -.JIU r.(.&U (: A 7'0-W1T.• 4 A NOTARY PUBLIC IN AND FOR 7H£ COUNTY AND STA7F AFORESAID, DO HE EBY CER77FY THAT "'TGuS� , )C /L WHOSE NAMES ARE SIGNED TO THE FOREGOING KRI77NG DA 1FD /L2 (�/ �i HA VE PERSONALL APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND A CKNOW- lHt SA E. GIVEN UNDER MY HAND �° L{ { DAY OF �) I JA YZYA 1g NOTA PUBLIC MY COMMISSION EXPIRES - /1-' ol/unh2.c SHEET 2 OF 2 W.O.# 94176 APRIL 20, 1994 SCALE.- 1 "= 40' �y I,TH OF ARCHITECTS ENGINEERSDm O G'r PLANNERS ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE 43045 JOHN MOSBY HIGHWAY Cha Wal Jr. P.O. BOX 2033 P.O. BOX 220626 No. 00194 WINCHESTER, VIRGINIA 22601 CHANTILLY, VIRGINIA 22022 01_9 (703)667-1103 (703)327-2355 1114* �o D SURv�_ 8K872Pc184 �=1r7CI P/a / Section Z WeStSlde StO11017 back Creek o9isfe�io/ Mis r-icy Frederick Coun�5/, l/ir--ginic� Sco% : 1 "r so' Dole: Alo vember- zap, PV 87 A-�PRCVEn "" F-MLT" 7",71LI71-S G C 7 :dI;,'CI:LSTER, VIi.GI dIA S'�,�i1IVISi:`:r AD iIt?ISTRAT C"I W.. ;,Ei Zki. '=i7 CT HIC,HWAYS Dove f Associates E n ginee/-inq - P/anninq - Surve yinq 11050 �P /70o/77 A-111 5 ,1P000' ,�078 6f,ocur)ee Drive Suite 750 1 0..�5ox Z035 Foir-fdx, l/��9inia l'V��ches�e� V�ginio 1Z0�0 2Z�o O/ (70-f)lo(o7iiof fi-ojeCf r IVA10004 Lrob * 8770056 //i5 Section 2 Surve or Cerfificofe Westside Station Do" & Asmclalm wvxd Va. /, Edcuard W. Dove, A Ou/5/ Cerfif;cd Land f5ur-vey01' /n The Of V1r-91n1e, Oo Her-eby Cer-fif y Tha f / Hove Cc, -efullcl Surveyed The Pr t�,oer-f5/ Oe/inea/ed By 7-7we P/off And Thaf /f /8 C o, -I-ee24 To Tf-�e des/ c�-,yy .('nocu/edge 41-7d eh --lief, Tf--�f /f /s A Subdi vi8iOr7 Of The f5V - WeSfSide Mee'iC'O/ Pr-ooer-'f-ieS F�zvn t�� Shcnono��,oh ��o Cs, /�. �ecor-ded /n Gied Beek / r7 A/ Pcx� 24Co Arm dune Fishmcu Nur-sf ,Peco�e� /n G��',�� ,?04 Af �� (077, ,Pecardesc' /r7 The Lond Pecor-ds Of Fr�'cr'ie� Coun/y. / Fur•fhcr Cer-fi fy Tho/ The Low' Embi-occp' /n Thie �✓ufdia��ion LieB Entire/y W//hin The Of T% 0-715"11770/ Troc'f Tha/ This P/0/ Paar-esen/s .417 Ac�uralc 13411•11cy 4f The -017/71-- And Tha/ ,4// Coins Arc V11-911-7,n m00% Nor/h /n A=a,--dorxe A//fh The,4 r,FLlircmenfs G The Fi-cderic� Coup/y G41bo'1w1siar7 Or-d.�rx.-'Cr.. GiVGrI U17,:Yel- RV 1'iar7& ThrB 2%i"04 y Of 1I/o41c177ber, /4nf7 v .. v EL'r'.1;-tD W. ;iOVE CART. r r C Ocune, -'e Ded/ca1"101-7 /�2��/• v per__ Ec'�ar-d !�! Oo sie We, The Undeisignec, Ouvner Of The Loud 6147OUJI.7 1/er71--,�:17 And Oeser-ibed /r7 The Surveyor's Cer•-/ifico%' f/er-ebyAd4of This/on Of Sufi', vis1017, ZDedcafe 7/Z S/r��fs To fib/�c Use ESfdb/.sh 772-- /Wi;7imur77 The elgr7/s Of A/9a /S ,4s /rx�'icofe�'F,-Cons/r-uc/ia�,1U9117/el7al7ce .4170' Oc��-onion Of Sf eCfs , Storm And Worzer- Lines . 9-Aol Agree Thal `/W/ 5--x�4/,4// 4o/ C�-xrs k?& Thof Cb,-Ac /c .f/onu nos li/// n-- f-/cr--d/n Acr-crdo,lz� !?/'/h The Fbguir-crncr s G 7,77e Fr�ncrick Coun/r� �:v sim Did.:roxc Urn�er The c: 'An Er�in�r Qr Sur-���yoi Tho/ S�r� F no/ P'o/ /� Or own /n Accoro(�rxe W114i 417 .4vcr�ved F,i o/ L�v%rr�n� f /on On Fi/t /n Tfir Oep4ar/r77e �/orn7i� And G��vdgo- 'Pb} V. ARTHL ° 119 PARTNER �'rf" ����, Febr-.i ir-• i 19$�' gLJOLVI-411,20 auo7 TV.1 Zf,- 1 t cfl sai��ao'a r .000'z / G C'OH h /u/Ji11 uy3o!M 'a U 31 3HOP111VI, /WIj 1041no Ig 8u1+ .S um01P al uZ9 IN 1111M3N 9'Is nyl� .ter r r 1ST' SII �yH �uo� Iti�yw a ��v Ufa 1�►wwo� lY r W�I�1 05 r 05 01 1 22 1 /Z 1 / �oZ CID1 sz 1 gZ i r�Z Cd > n 0/fi OA1UDJ�M �p I a� 0 N25 70107 E / f fr $ j 2�00@S'ZQ�'p� • / o� N �0Lor to teC ♦ Ze MA 004 \ �j � � , (n 15 L Ot /2 Lofro 18I Lot4 c ' e�7¢� kj 10611 .a�\�� za zsa , �` Lot l3 Lots�x�� z� �. i e,76� E Al�at� m Lot /7 a � cot/4 z�O / 's - m ,a 6. = I sty/o"o�•w z3 �� 13A a ti�0 i Lot 3Nre•oz•4e•E 70 00_ V.o r 1'�/ 5'p"07 85.0Lot /8 t p i m 515_lO'07W //747_ N' ` I B 6<05 j Lot 6b76/ /O' Son:foray �xue►- Ean'f. ' - - t� /Pilvof�/y Ocun�ta'J N � C �' %4Z -1 N5j•44�7 E Lot Z �ZA Lot /,v 86.07_ Z�J ie.z� "�•�� 3i - Way\. b /O �. �� o f/c�cLx� DedcofedFcY 1-zlbliC ........ +� NZ6'ia 07.E io 3. 2ID' / S Z5'/O'0'7-W 4� :(..Q7�' ZO) 6, 44ZI 0 �b A%aso' Hereby Ded�cofedfr abhe r,�%ecf Pu CD N!¢ 07 "E /ice. 3i Lot 10 Q�42�P a �G Sheet Of Secdw 2 Westside Station -s9 Dom a Awoazdm B K 6 7 Z PG 1 8 8 �� o vl wx eshw. Va a / , 9s 4? �o s / 0 6 tP. � `Z'Gn �-N a 16 lif 10 �I. a o N'7Z.O1,ZS'W Too. 6116 D or �O� e r� L OQc- �Si• �� - i� 0) NO LOt /5 8,71 0/ Gtkn 2 . Jestside Station Dove b Associates Winchester. Va. --- ,.r Lot h�,.�� ,/ AreO Oerccb%d 8,(ddo� ,�� yh� U�jti�� :For•-Pb/icS{r��Purasc� \ �� /0 i 10 �Lof Z5 L Of Z3 57��• /_,5 Sg• � � o n� a� L0/Zi 3, LafrZ N ti m --N,5¢w535"c V � �Xorm �ll/Cr" flcrcby D&CIICbAed Foy �u'v/ic 5A -cc,% �rPoScS /C,v (oP�• �, /15 Sec6on 2 Westside Station 'c6 l 6 E2PG 19 0 ,rove & Associates Ij Va. Wgldesttw I j 0< Y Q�� � a� til � m� o . IK IZ NJ ��.,o.Go;o o �, ,z�, �. 4� �a ti bl G , 1 L�110,7 'bo 'S az coy r-7 �`t Cll I O ��SS � ��iti \ ZOp` 0, L74 D/ 10A 10,f Z7 10,&5DI O Lot Z6 b 'N54'0' a 66 gm CL-Wer Ego. OF (6 0 V) N t5r/0'0 7E Z75-66' onulr7e,r7l A/, 4F x Z'O855 -3 E5- 0.�7' Lot zo 141 4 Lot Z-9 /2,823 O�E 5/0�r77 > i�7 r c � o��g o� c -9. "O'n, A/ Z5 */0'0 7;;C- zoo 00' 5,1 8' 70.00 Drive tot -5z to/ ;:3n 10,654 /0, 1-01 to/ L01 -114 of 01 3 E04 '-M/ M Xp"- 7Z.001 70. W, tz CD FD CD cn 0 A16469 53 W Sto/ian C . I 1(anoo' - W610,07"E Z75 60&1 wesfs ide 5�ar�ion O�';'v e 5 �Z" _5. C 77 L Of�314 10135 C of 3� ZZ'd I /0, /00/ v Z00. 00' _ _ 70 00, I F I�I `b ,R o � ''J0' djorM hewer Sl5;�Jy� E .. �• 5t� moo' Q 1 70 00 , 9z5'04'30 HW &407' or to rid tole G ya ti S�SS�p�� �llflOf ;Q " �• 9 70 Er�ecrr,�r�f ....... t.1 ii..:. l...:K.." ...:'(_j _ i,.• i�!��I l: i���i ... :`...t l..: C.i. r 0.80'.GG 624.15'5�D E .. cio co -ecdm 2 Nestside Station Do" & Assr-mciatm Wvxhe!sts. Va. -(R B�fi72Pc(94 tp, .P 0. 0. A &Z 70 17 &:5177;1 L01 37 600 of &,5 /0, 4e5 o 2��/ L& 0--7 10,4041 I I BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. MCCANDLISH BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLER, JR. HARRISON 8 JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 June 12, 2000 Ms. Helen Hall C Marsh & Legge Land Surveyors, P. L.C. 560 North Loudoun Street Winchester, VA 22601 STREET ADDRESS 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540.667-1312 O Re: Boundary Line Adjustment/Michael G. Prelip Enterprises, Inc. Tibow, L.L.C. Dear Helen: P Enclosed please find a copy of the recorded Boundary Line Adjustment Agreement between Tibow, L.L.C. and Michael G. Prelip Enterprises, Inc. By copy of this letter I am sending Mike Prelip a copy and Yalso a copy to the Frederick County Department of Planning and Development. Since y BJT:jdw ly Tisinger Enclosures cc: Michael G. Prelip Enterprises, Inc. Frederick County Department of Planning and Development JUN 1 3 p q OEFT; OF FAN'1GIur4&QPMEt4 0 241 THIS BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this 30 day of r���-{ 2000, by and between TIBOW, L.L.C., a Virginia Limited Liability Company, of the one part, hereinafter referred to as TIBOW, and MICHAEL G. PRELIP ENTERPRISES, INC., a Virginia Corporation, of the other part, hereinafter referred to as PRELIP. WHEREEAS, Prelip is the owner of that certain parcel of land located in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot 16 containing 8,168 square feet; as shown on the Plat Showing Boundary Line Adjustment made by Douglas C. Legge, Land Surveyor, dated May 24, 2000 attached hereto and incorporated herein, being the same property acquired by Prelip, by deed recorded in the aforesaid Clerk's Office in Deed Book q4-7 , at Page l83 9 ; and, WHEREAS, Tibow is the owner of that certain parcel of land located in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot 15 containing 8,173 square feet, as shown on the Plat Showing Boundary Line Adjustment made by Douglas C. Legge, Land Surveyor, dated May 24, 2000 attached hereto and incorporated herein, being a portion of the same property acquired by Tibow by deed recorded in the aforesaid Clerk's Office in Deed Book HT? at Page -176; and, WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. NOW, THEREFORE, WITNESSF_TH: That for and in consideration of the premises and the benefits which will accrue by reason of this agreement, the parties hereto do make the following boundary line adjustments: 1. That the original lot line between lots 15 and 16 be, and the same is HARRISON & JOHNSTON ATTORNEYS AT LAW hereby, vacated. WINCHESTER, VIRGINIA 61�967 i 12��� 2. That the new lot line as designated on the plat of survey by Douglas C. Legge, Land Surveyor, dated May 24, 2000 be, and the same is hereby established as the new: lot line between iots 15 and 16. 3. That with the establishment of the new lot line, as aforesaid, Lot 15 is reduced in area from 8,173 square feet to 8,119 square feet and Lot 16 is increased in area from 8,168 square feet to 8,222 square feet and the parties, by their signatures, do hereby agree to such change. WITNESS the following signatures and seals: TIBOW, L.L.C., q Virginia Limited Liability'Company By / / (SEAL) Billy isin er, ger/Member MICHAEL G. PRELIP ENTERPRISES, INC., a Virginia Corporation By: (SEAL) ichael G. lip, President STATE OF VIRGINIA AT LARGE CITY�Y OF c , To -wit: The foregoing instrument was acknowledged before me this 30 day of 2000, by Billy J. Tisinger, who is Manager/Member of Tibow, L.L.C., a Virginia Limited Liability Company, on behalf of said company. My commission expires iah 3 l I coo Notary Public -2- HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA STATE OF VIRGINIA AT LARGE CITY/rQ&6 - - OF ti , To -wit: The foregoing ir.strumenwas acl:nowledged before me this'_ day of 2000, by Michael G. Prelip, who is President of Michael G. Prelip Enterprises, Inc., a Virginia Corporation, on behalf of said corporation. My commission expires _ o -766 / Notary Public -3- HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 0 B1(967PG1250 iapr � lad �� Ie// '00z, N T aak LS1z�f SfUOr�2�INt. 5u 50 A Vfhitti NA 6911h 80 oP ES W° P alvar o// Jn y /J /HILL CZST ST� oar Can �' r�.o NE'NALL! Hill % 3 % 'd MS Baptist av \\ J 0 CHARD X Old Tow S A 11 yE $ i t/rr �3s 37 s 3 t'ng Sr °oMCA , 2216 u �� VIgNIiY MAP A /' �rv� s &' °r ' P °°tom r°� E TER Y1I APPROVE BY SUBDIVISION ADMINISTRATOR "`�'' DATE OWNERS' CONSENp" THE ABOVE AND FOREGOING BOUNDARY LINE ADJU�MENT BETWEEN LOT 15 N WESTSIDE STATION N SECTION 2, IN THE NAME OF TIBOW, L.L.C., AND LOT 16 — WESTSIVE STATION N SECTION 2, IN THE NAME OF MICHAEL G. PRELIP ENTERPRISES, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS W17H THE FREE CONSENT AND IN ACCORDANCE WTH THE DESIRES OF THE U�qERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. TIBO NOTARY PUBLIC B MICHAEL G. P)?W,6jENTERPRISES, INC. by NO'rARY PUBLIC STATE OF VIRGINIA, AT LARGE STATE OF VIRGINIA,^ AT LARGE CITY/06&VM OF Winchester CITYIQQfdW OF WINCHE TER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON May 30, 2000 BY Billy J. Tisinger, Manager/Member N�EHALF OF J4�OWJ LPL.. / Y COMMISSION EXPIRES 1 2 1 -111 ? Onn BEFORE ME ON BY M. G. Prel ip ON BEHtALOF MICHAEL G. PR LI TTERPRISES, INC. (NOTARY PURLIC) MY COMMISSION EXPIRES A u Q . SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS BETWEEN A PORTION OF THE LAND CONVEYED TO TIBOW, L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY, BY DEED DATED 9 MAY 1997, FURTHER DESIGNATED AS LOT 15, WESTSIDE STATION, SECTION Z BY DEED OF DEDICATION DATED i FEBRUARY 1988, AND LOT 16, WESTSIDE STATION, SECTION 2, CONVEYED TO MICHAEL G. PRELIP ENTERPRISES, INC., A VIRGINIA CORPORATION, BY DEED DATED 17 SEPTEMBER 1999, SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 879 AT PAGE 476, DEED BOOK 672 AT PAGE 173, A,NO DEED ROOK 947 AT PAGE 1E39, RESPECTIVELY P.I.N. 5JE-1-2-15 ZONED: RP USE. RESIDENTIAL P.1. N. 53E-1-2-16 ZONED: RP USE: RESIDENTIAL TH 0F, No. 0011 7 �liS ° DOUGLAS C. LEGGE, LS. PLAT SHOWING BOUNDARY LINE ADJUSTMENT BETWEEN LOT 15 and LOT 16 WESTSIDE STATION N SECTION 2 BACK CREEK MAGISTERIAL DISTRICT 1016238L FREDERICK COUNTY, VIRGINIA DATE: 24 MAY 2000 1 1 SHEET 1 OF 2 MARSH[ & LEGGE Land Surveyors, P.L.C. 560 North Loudoun Strmt Winchester, Vtrj" 22601 RF7_ndSR F— tF;dn SS7-0d50 BI(967PG 125 1 CURVE I RADIUS I LENGTH I CHORD BEARING C1 55.00 62.18 58.92' N43'35 45 E C2 55. 00' 5 7. 96' 55. 31 N 18.59'21 W AREA SUMMARY \ ADJUSTED ORIGINAL ��P;'\RF a LOT 15 8,119 SQ. FT. 8,173 SQ. FT. LOT 16 8,222 SQ. FT. 8,168 SQ. FT. V0� Pca TOTAL 16,341 SQ. FT. 16,341 SQ. FT. TI Ole �,0 s IRF 0 PIN 53E-1-2-15 ��, �'= COLIN COURT C2 ; LOT 15 CUL—DE—SAC '8119 SQ. FT. �\ 55' R 35.24' 1 o BRA N87-54'34"E IRS S89 5536AE 81.64' IRF IRS CET �- ORIGINAL LOT LINE HEREBY VACATED PPa TP o ____ l D' BRL Aso. 28? PIN 53E-1-2-16 C1 LOT 16 _Q�- ? 8222 SQ. FTZ, IRFe041, �O 8 � • 1g. �c,Q -9 NSF IRF 1. �FS��F NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. J. BOUNDARY INFORMATION SHOWN ON THIS PLAT 1g IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON MAY 19, 2000 ORIENTED TO RECORD PLAT DATED NO✓€MGER 26, 1967 kADE BY 0 15 30 60 DOVE & ASSOCIATES. 4. BRL — BUILDING RESTRICTION LINE ET — ELECTRIC TRANSFORMER Graphic Scale in .Feet CP — CABLE PEDESTAL PLAT SHOWING 1"=30' TP •-- TELEPHONE PEDESTAL IRS - IRON ROD SET BOUNDARY LINE ADJUSTMENT IRF - IRON ROD FOUND BETWEEN H op LOT 15 and LOT 16 WESTSIDE STATION — SECTION 2 BACK CREEK MAGISTERIAL DISTRICT aID162JBL FREDERICK COUNTY, ORGINIA A DATE: 24 MAY 2000 SCALE: 1"=30' SHEET 2 OF 2 No. 0119 MARSH & tt EGGS Land Surveyors, P.L.C. SURN560 North Loudoun Street Wtncheeter, VtrgtMa 22601 (540) 667-0466 Fox 540) 667-0469 I I � 1 1{ COMMONWEALTH OF VIRGINIA + h f • IA .; - IA t e i _ OFFICIAL RECEIPT FREDE.DTC . CIRCUIT Ch6RT DEED RECEIPT DATE: 06 09.'00 TIME: 10:40:55 ACCOUNT: 069CLR00000586S RECEIPT: 00000009094 CASHIER: <L5 RE : WN17 TYPE: AG 'AYMENT: FULL PAYMENT _ INSTRUMENT • 00000586E BOOK: 967 PAGE: 1247 RECORDED,: 06109/00 AT 10:40 GRANTOR: TIBOW LLC EX: N LOC: CD k GRANTEE: MICHAEL G PRELIP ENTERPRISES INC EX: N PCT: 100% AND ADDRESS . RECEIVED OF BILLY TISINGERlMARSH L. LEGGE CHECK 520.00 — DESCRIFTION 1: B C DIST 2: CONSIDERATION: .00 ASSUMEiVAL: .00 MAP: " CODE DESCRIPTION PAID 'ODE DESCRIPTION PAID t 301 DEEDS 16.00 145 VSLF 1.00 C I c FUND FEE �0 146 TECHNOLOGY N., . E 3.�� � ' ' TENDERED 20.00 a AMOUNT PAID: 20.00 CHANGE AMT . .00 4 �` Z CLERK OF 'CURT: REBE"A P. HOBAN " I a i DC-18 (M99) i 'I CO'-JNTY of FREDERICK Departments of Planning and Building 703/665-5650 August 4, 1988 Mr. Charles Maddox G.W. Clifford and Associates P.O. Box 2104 Winchester, Virginia 22601 Dear Mr. Maddox: This letter is to confirm the Frederick County Planning Commission's action at their meeting of July 20, 1988: Approval of Revised Final Master Development Plan #008-88 of Westside Station for the subdivision of 16.246 acres into 43 single-family lots and of Plat of Re -subdivision of a Portion of Westside Station, Section 2, zoned RP, for the division of 2.4022 acres into seven lots. This is a revised plan showing the relocation of the stormwater detention basin, the removal of one cul-de-sac street, and adjustment of lot lines. This property is located on the south side of Route 50 West, east of Route 37, and north of Wayland Drive, in the Back Creek Magisterial District. If you have any questions regarding your master plan and subdivision, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 r COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 TO: Roundhill Fire Company , ATTN: Mr. Tim Welsh ATTN: "'T`l�a ,w shBA ,-♦ Sanitation Authority ATTN: Mr. Wellingthon Jones City of Winchester , ATTN: Mr. Tim Youmans Inspections Department ATTN: Mr. Kenneth L. Coffelt Planning and Zoning Department ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 17, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X RE -SUBDIVISION PLAT We are reviewing the enclosed request by Westside Station, Section 2 , or their representative, Charles Maddox, G. W. Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: The re -subdivision plats appear satisfactory. Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 FCSA COUNTY of FREDERICK jLIU Departments of Planning and Building FTu �� M 0 R A N D U M 703/665-5650 SY �K TO: Roundhill Fire Company , ATTN: Mr. Tim Welsh Virginia Department of Transportation ATTN: Mr. William H. Bushman ,. , ATTN: City of Winchester , ATTN: Mr. Tim Youmans Inspections Department ATTN: Mr. Kenneth L. Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 17, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X RE -SUBDIVISION PLAT We are reviewing the enclosed request by Westside Station, Section 2 , or their representative, Charles Maddox, G. W. Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 1141 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 TO: Roundhill Fire Company , ATTN: Mr. Tim Welsh Virginia Department of Transportation , ATTN: Mr. William H. Bushman Sanitation Authorit ATTN: Mr. Wellingthon Jones City of Winchester , ATTN: Mr. Tim Youmans se�� $_�:.�t'''' ATTN: Mr,;+d �..:zletifeit Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: May 17, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X RE -SUBDIVISION PLAT We are reviewing the enclosed request by Westside Station, Section 2 , or their representative, Charles Maddox, G. W. Clifford & Assoc. 667-2139 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature ;;�ZD Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 G.W.CLIFFORD & ASSOCIATES, INC 20 S.CAMERON ST. PO BOX 2 104 WINCHESTER, VIRGINIA 22601 703-667-2 139 TO ��a�5161719I9< LETTER OF TRANSMITTA' PRESENT DATE July 18, 1988 JOB NO. ATTENTION Steve Gyurisin RE:Westside Station - Section II Re -subdivision WE ARE SENDING YOU F-X� ATTACHED 7] UNDER SEPARATE VIA HAND CARRIED ❑ CHANGE ORDER SAMPLES SHOP DRAWINGS F-1 PRINTS/COPIES PLANS COPY OF LETTER THE FOLLOWING ITEMS SPECIFICATIONS ❑ OTHER COPIES DATE DESCRIPTION 5 4-28-88 (sheet 2 of 3) Record plat (revised July 15, 1988) 7 ARE TRANSMITTED APPROVED/SUBMITTED ❑ RESUBMIT___ FOR APPROVAL ❑x FOR APPROVAL ❑ APPROVED/AS NOTED SUBMIT___ FOR DISTRIBUTION ❑X FOR YOUR USE RETURNICORRECTIONS RETURNEDCORRECTED PRINTS AS REQUESTED PRINT/RETURN ❑ FOR REVIEW or COMMENT RETURN/WITH SIGNATURES ❑ FOR BIDS DUE REMARKS Please note the revised configuration of lots 22 - 25 to eliminate the resemblance to "finger lots". COPY TO: SIGNED P• Duane Brown, C.L.S. REV. 2.0 AL� V S�CA7 y-��L/ G.`0;-, eYFORD & ASSOCIATES, INC 2 0 S.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO: LETTER OF TRANSMITTI& try PRESENT DATE JO-B'NO: cr, July 18, 1988 ATTENTION Steve Gyurisin;'- i RE: Westside Station - Section II �� •`%' WE ARE SENDING YOU ATTACHED F� UNDER SEPARATE VIA HAND CARRIED ❑ CHANGE ORDER SAMPLES SHOP DRAWINGS FI PRINTS/COPIES PLANS COPY OF LETTER THE FOLLOWING ITEMS SPECIFICATIONS ❑ OTHER COPIES DATE DESCRIPTION 5 4-28-88 (sheet 2 of 3) Record plat (revised July 15, 1988) r ❑X ARE TRANSMITTED F-1 APPROVED/SUBMITTED ❑ RESUBMIT__ FOR APPROVAL 7 FOR APPROVAL ❑ APPROVED/AS NOTED SUBMIT___ FOR DISTRIBUTION ❑R FOR YOUR USE El RETURN/CORRECTIONS RETURNED_ CORRECTED PRINTS AS REQUESTED ❑ PRINT/RETURN FOR REVIEW or COMMENT RETURN/WITH SIGNATURES El FOR BIDS DUE 19 REMARKS Please note the revised configuration of lots 22 - 25 to eliminate the resemblance to "finger lots" COPY TO: SIGNED P. Duane Brown, C.L.S. REV. 2.0 r-r<:V?:Q;LIFFORD & ASSOCIATES; INC. r 20 S.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO ,g LETTER OF TRAN SM ITT PRESENT DATE JOB'NO. . July 18, 1988 ATTENTION Steve Gyurisin_'� RE: Westside Station - Section II WE ARE SENDING YOU ATTACHED UNDER SEPARATE VIA THE FOLLOWING ITEMS HAND CARRIED ❑ CHANGE ORDER SAMPLES SPECIFICATIONS SHOP DRAWINGS FX] PRINTS/COPIES PLANS ❑ OTHER COPY OF LETTER COPIES DATE DESCRIPTION 5 4-28-88 (sheet 2 of 3) Record plat (revised July 15, 1988) ❑X ARE TRANSMITTED F-1 APPROVED/SUBMITTED RESUBMIT__ FOR APPROVAL 7 FOR APPROVAL APPROVED/AS NOTED SUBMIT___ FOR DISTRIBUTION �R FOR YOUR USE ❑ RETURN/CORRECTIONS RETURNED_ CORRECTED PRINTS ❑ AS REQUESTED El PRINT/RETURN ❑ FOR REVIEW or COMMi ENT RETURN/WITH SIGNATURES El FOR BIDS DUE 19 REMARKS Please note the revised configuration of lots 22 - 25 to eliminate the resemblance to "finger lots". COPY TO: SIGNED P. Duane Brown, C.L.S. REV. 2.0 ^�.ii.CLIFFORD & ASSOCIATES, INC. 20 S.CAMERON ST. PO BOX -2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO: LETTER OF TRANSMITT PRESENT DATE July 18, 1988 NO::.. ,.; I ATTENTION Steve Gyurisin.` RE: WE ARE SENDING YOU f 7X ATTACHED F-� UNDER SEPARATE HAND CARRIED F-1 CHANGE ORDER SAMPLES SHOP DRAWINGS F-X] PRINTS/COPIES ❑ PLANS COPY OF LETTER VIA THE FOLLOWING ITEMS SPECIFICATIONS ❑ OTHER COPIES DATE DESCRIPTION 5 4-28-88 .(sheet 2 of 3) Record plat (revised July 15, 1988) a ARE TRANSMITTED F-1 APPROVED/SUBMITTED RESUBMIT__ FOR APPROVAL FOR APPROVAL APPROVED/AS NOTED SUBMIT___ FOR DISTRIBUTION ❑ X FOR YOUR USE RETURN/CORRECTIONS RETURNED` CORRECTED PRINTS AS REQUESTED El PRINT/RETURN FOR REVIEW or COMM NTE ;, F-1 RETURN/WITH SIGNATURES FOR BIDS DUE 19 REMARKS Please note the revised configuration of lots 22 - 25 to eliminate the resemblance to "finger lots". COPY TO: SIGNED P. Duane Brown, C.L.S. REV. 2.0 PLAT OF RE -SUBDIVISION A Portion of Westside Station, Section 2 Zoned RP (Residential Performance) 7 lots (2.4022 acres) LOCATION: South of Route 50 West, east of Route 37, and north of Wayland Drive MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Residential, open and agricultural land uses; and A-2 (Agricultural General), and RP (Residential Performance) Zoning PROPOSED USE AND IMPROVEMENTS: This is a revised plat relocating the storm water detention basin, removing one cul-de-sac street, and adjusting lot lines. REVIEW EVALUATIONS: VA Dept. of Transportation - Everything appears satisfactory. Sanitation Authority - Plats are OK as submitted. Round Hill Fire Company - No comments. Inspections - Shall comply to Use Group R, Section 309.0, of the BOCA Basic National Building Code 1987. Planning and Zoning - No objection. This plat is drawn in accordance with all subdivision standards. A revised master plan has been submitted for review. This plat is drawn in accord with the revised master plan. The plats have been revised to remove the "flag" lots. STAFF RECOMMENDATIONS: Approval. NOTE: Revised Final Master Development Plan #008-88 should first be reviewed and approved. 12 16 ROUTE 37 PROPOSED 8f OAIVIWATER DETENTION- SASIN \IPGN SPACE/ 23; 22 25� PREVIOUS SUBDIVISION PROPOSED SUBDIVISION AREA OF ��=SUBD.I�f1SION. r" I� EXISTING STOR TER D : ENTI?)N` (T0F BE ' ' AN'DON 26 27 \5 NF BOYCE f 4 Y 1-0 / _.................. ROUTE 3'7 PROP6SED--j% SroqMW A MN-rjo A �PEN SPACE/ .\ '\ 24 24 22 O N/F BOYCE P 5.Fl USTIM0T . ONE PLAT OF RE -SUBDIVISION A PORTION OF BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA IL A6 4141 .i .Y; r-r •. ; N 'PRQ3 AF;Rq'. ' "� ° �o w corn; . • N CP .Jb �•�♦`:�%.i '��•. .f 'J • ••�'�',"-'/ lam( �, J �I ��i t . •,� �,, • : '�� � ,!• � ..,„ -� . � �;J)I/�!G, ter— 4; .976a ' ,'� ,`�� I -f."I. .i• l'�. 7(l0.—'-f"�� �I �'",,% v Q1,^/;--(•rrf..� ). _`dl /� .�� VICINITY MAP .0 i�l �.` :�.- �• '+.a\�••° + A�E:1•=z000�- "� " '� r�)����':,i APPROVED BY FRED. CO. SANITATION AUTHORITY DATEA'4- P3 PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR VA. DEPT. OF TRANSPORTATION 440r c—" 1 • DATE -s OWNER'S CERTIFICATE The above and forgoing re -'subdivision of the land of Westside Station, Inc., as appears in the accompaning plats is with the consent and in accordance with the desires of the undersigned owners, propoietors, and trustees, if any. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this re -subdivision is a portion of the land conveyed to Westside Station, Inc.,from Westside Medical Properties by deed dated February 10, 1988 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 672 at page 205. P. Duane Brown, C.L.S. c� P. DUANE ��' DATE: APRIL 28, 1988. COVER 'SHEET BROWN Y NO. 1285 4* gilbert w. cliffor & associates, inc. SHEET Engineers - Land Planners CIF �G7 LAND g surveyors $ 130-C old. o1•®.icb Del•. 20 Boom C-. 8trea Pe.daloiubma. Vft&i. 22401 (/e3) 696-21U Wi ch m. VtaiW. 22601 CM3) 667-21.. O OUTLOT "C" N52°51.'00"E- 34.58' 11�52°51'00"E-207.92'• OPEN SPACE / \ 25,731 SQ.FT. N56°49' 1 -(STORM MAINTENANCE EASEMENT) — 0 0 5' STORM MAINTENANCE O EASEMENT N54°44'03"E-108.42' L1�=96.42! N\-N uN N ao 12.00' \ o o� — — U 25 LU CD I 24 o \ \ 11,952 SQ. FT. 10,419 SQ. FT. 1 �t v+ Z � 23 w, \ `w co 0 15,776 SQ. FT.LU \ 1 rn co N �� Uj Uj rn I� \ 22 \ ,e 031'�-2 10,901 SQ. FT. w �pQ j►\�y�3 Sg0.0� 6a X10 w/SEWER EASEMENT do��N"�90�\`�� 21 5o A SQ�,S� P� AREA SUMMARY Area in Lots 1.8115 Acres 'Area in Open Space 0.15907 Acres Total Area Subdivided 2.,4022 Acres No. of Lots 7 Average Lot Size 11,273 SQ.FT. NOTE: MINIMUM SETBACK REQUIREMENTS FRONT SETBACK - 35' SIDE SETBACK - 10' REAR SETBACK - 25' "E- 212. 26 �o ���A�TypD ( Re -subdivision of a Portion of W--estside Station - Section 2 n P..DUANE DATE: APRIL 28, 1988 SCALE: 1 "=50' N0. 1285 gilbert w. cliffor• & associates, inc. SHEET �. 2 Engineers •Land Planners CIF surveyors 3 (ND lsac old. Ur.. kh n.h. 20'semh amen sued ftmd �bma. Virginia 22601 CM Ma-2115 Whwhenm. WgiW. 22601 (am) 667-2139 co O Cr1 w w w w Revised July 15, 1988 w WESTSIDE STATION - SECTION 2 OUTLOT "C" \ N35°41'13„E. (IS,NS?°SrbaF , 150.00' TOR 2pj92• N23°41,25" E-3445 . M Op N �1 _ 24 Mq/tiT F � � I � \ s• tiss°49 s , FgSF f F co I STQ �r2 MFti OO , WESTSIDE. STATION, INC. I AM,�/ ��6 (REMAINDER) 0`1 25 N w 26 w 3� 10,973 SO. FT. �FgsF m U)LLJ LLJ 1 o" I " °) � � \ 3 p rn O% r 1 � , l i ° • 8,729 SQ.FT. / co C,V10 161 3 \ D LV 0 1 vrsnA SEWER EASEMENT O O S l ,9,./ON OR�� o °g9 F . S6• ¢9 c OG `: �� The 2.4022 acres of land represented herein is comprised of Westside Station Court, Outlot "B" and Lots 22 thru 29 of Westside Station - Section 2 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 672 at page 184. NO. A RADIUS ARC I TAN. CHORD CH.3EARING 1 155°27'51" 55.00' 149.23' 252.93' 107.49' N52°51'00"E 2 07°56'48" 531,00, 73.65' 36.88' 73.59' S54°47'57"W 3 25°39'26" 438.00' 196.14' 99.74' 194.50' S37°59'50"W 4 W06'45" 438.00' 31.44'. 15.73' 31.43' S27°13'29"W 5 09110100" 438.00' 70.07' 35.11' 70.00' S33°51'52"W 6 09°10'00" 438.00' 70.07' 1 35.11' 70.00' S43°01'52"W 7 1 03°12'41" 438.00' 24.55' 1 12.28, 24.55' S49°13'12"W NOTE: MINIMUM SETBACK REQUIREMENTS FRONT SETBACK - 35' SIDE SETBACK - 10' REAR SETBACK - 25' At+TH OVV P. DUANE �C.. iA- �,, eRow ✓ s N0. I LAND Re -subdivision of a Portion of . Westside Station - Section 2 DATE: APRIL 28, 1988 1 SCALE: 1 "=50' gilbert w 150-C Old. u--kh D.W. R.d.iebbma. Vtrvni. 22401 CM) M-2115 cliffor & associates, inc. Engineers - Laud Planners Surveyors 20 3-tb C-- aaW 2 1 M1 6a7-2139 whrho , V4a1o1. SHEET 3 CF BMB:ano 6/179 B K 6 i 2rG 1 73 THIS DEED OF,DEDICATION, made and dated this lst day of February, 1988, by and between WESTSIDE MEDICAL PROPERTIES, a Virginia Partnership, party of the first part, hereinafter called the DECLARANT, whether one or mre, and COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Edward W. Dove, C.L.S., dated November 26, 1987, known as Section 2, Westside Station, and is a part of the development known as Westside Station, described on the final master development plan of Westside Station, as filed in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARMT from Shenandoah Pools, Inc., a.Virginia Corporation, by deed dated May 19, 1986, and by deed of correction, dated November 26, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 617 at Page 246 and Deed Book 632 at Page 763, respectively, and by deed dated May 20, 1986, from June Fishpaw Hurst, of record in the aforesaid Clerk's Office in Deed Book 625 at Page 383, and by deed dated December 23, 1987 from the County of Frederick, Virginia, of record in the aforesaid Clerk's Office in Deed Book 668 at Page 833; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots, and the attached plat shows accu- rately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also shows those certain Easements reserved for installation and maintenance of water and sewer facil- ities for said lots), and further shows certain public streets desig- nated Wayland Drive, Westside Station Drive, Kathy Court, Colin Drive, Colin Court, and Westside Station Court, which shall constitute a portion of that development known as Westside Station, and further additions/lot owners shall become members of the Westside Station Homeowners Association upon the same terms and conditions herein; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Section 2, Westside Station. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT and the parties hereto further desire to 6K67 Pry 74 subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, TI-EEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does.hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated Section 2, Westside Station, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Edward W. Dove, C.L.S., dated November 26, 1987, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Westside Station on file in the Office of the Frederick County Department of Planning and Development. This is the same real estate conveyed to the DECLARANT by deeds as aforesaid. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Westside Station Homeowners Association, a non stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described in the Westside Station Master Plan as aforesaid as Open Space(s) and Out Lots "A", "B" and "C", and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Westside Station, with the exception of the Open Space(s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. 2 Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a party of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Westside Medical Properties, a Virginia Partnership, its successors and assigns. A R T I C L E I I B1 ZMERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The affairs of the Association shall be managed by a Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meet- ing following conveyance of the forty-third Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. 3 f3(tGt ?PGI 76 ART I C L E I V PROPERTY RIMTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Open Space(s), specifically including but not limited to the rights of ingress and egress across the aforesaid Open Space(s) and such ease- ment shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid Open Space(s) and in aid thereof to mortgage said property and the rights of such mortgagee in said Properties shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Open Space(s) by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Open Space(s) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Open Space(s) to the members of his family, his tenants, or contract pur- chasers who reside on the property. Section 3. Title to the Open Space(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Space(s) to the Association, prior to the conveyance of the forty-third Lot. 4 ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with such interest thereon and costs of collection thereof, as herein- after provided,.shall be a charge on the land and shall be a continu- ing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reason- able attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assess- ment fee was due. The personal obligation shall not pass to his suc- cessors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvement and mainte- nance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the Open Space(s). Section 3. Basis and P-7aximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the forty-third Lot to an Owner, the maximum annual assessment shall be $ 6 5 .00 per year per Lot; (a) From and after January 1 of the year immediately following the conveyance of the forty-third Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the rlembers for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for 5 this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meet- ing. The limitations hereof shall not apply to any change in the maximum and basis of the assess- ments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (670) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subse- quent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 0 OR672PG1 79 Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space(s). The first annual assessment shall be adjusted accord- ing to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assess- ment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space(s) or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter beccni-- ing due from the lien thereof. N BKG72PG1 pia Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Space(s); (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Open Space(s): In the event that the Association, or its successors, shall fail to maintain the Open Space(s) in reasonable order and condition, the County of Frede- rick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. ARTICLE VI � Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement or right of way designated Sanitary Sewer Easement/Utility Easement/Water Line Easement on the aforesaid attached plat. The DECLARIM does hereby grant and convey unto the City of Winchester, Virginia a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement. The DECLARANT does hereby establish a 10 ft. Private Sanitary Sewer Easement centered on the common boundary between Lots 2 and 3 for the benefit of Lot 1; the owner of Lot 1 shall have the right to go upon the said easement to construct and maintain the sewer lateral to serve Lot 1. Section 2. Surface Drainage Easement: The property dedi- cated hereby is subject to those certain easements or rights of way designated Drainage Easement and Storm Water Detention Area(s) on the aforesaid attached plat, for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said 8 BK6 7 2PG 18 1 surface drainage easements, provided, however, that in the event the' Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the pro- visions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equip- ment where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each Lot and a 10 ft. strip centered on the side line of each adjoining Lot, and a 10 ft. strip along the boundary of all non -adjoining Lots and over the Open Space(s), as needed, provided that such easement shall not interfere with the use and enjoyment of the Open Space(s). A R T I C L E V I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any pro- ceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its suc- cessors or assigns, or by any Owner to enforce any covenant or restric- tion herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by 9 BK67'2PGl82 an instrument signed by not less than ninety percent (900) of the Lot owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Westside Station. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: WESTSIDE MEDICAL PROPERTIES, INC. By J . V . ART`HUR, INC c er By: EAL) 'MMERT E. JR. its President By: 77 2 C' ?_-(SEAT,) H. RUSS= POTTS, Partner COUNTY OF FREDERICK, VIRGINIA STATE OF VIRGINIA, City OF Winchester , TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J. V. ARTHUR, 10 F BK672FG183 INC., by its President, Delbert E. Sibert, Jr., and H. RUSSELL POTTS, PARTNERS OF WESTSIDE MEDICAL PROPERTIES, whose names are signed to the foregoing Deed of Dedication, dated February 1, 1988, have personally appeared before me and acknowledged the same in my State and jurisdic- tion aforesaid. c' ,ems row"'. Given under my hand this 19 day of February, 1988. My Conudssion expires STATE OF VIRGINIA, OF � TO WIT: I,/�. a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that who is �of FREDERICK COUNTY, VIRGINIA, whose name is signed to the foregoing Deed of Dedi- cation, dated February 1, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this)& day of 1988. My Commission expires �3,t6 f 11 H672PG184 Fir7a/ PlCr Section Z glestelde tabor S Back C'r-eek-Mogisfer-1c71 Oislr-ic� Frederick County, VI.1-gini4 Sco% : I Nr w- Dole: November" za.1,0e7 F�? T_,—: ',""IT,I" IFS C C_ WINCIIESTER, VI:�.GINIA C CM--77 11SSION L T. (`v _1I,,1 Vl?ISTRAT(." VA. ,E: CF HIGHWAYS Dove F Associates Engineering - P/o17n1nq-6u1-vcy1nq //--�50kP717d0rnHi//s,P00d 0070 61-7ocunee Drive Suife 750 /,O..50x Z005 Foir-fox, 1/i�yi�ia lVinche5�er;!/i�ginio 1Z050 ZZIo 0/ �705-74/¢ �703') &07-1ion _A'= E./���. F}-ojeel X AIY"4 Lrot7 0 e70005B 1116 Secfm 2 Surve or 6j� cer fif i*cofe Westside Station Dose & Assodafts I wolwer, Va. /, Edward W. DOve, A Dula Ceri'i/,ed Lar7o' Sur-vevor' /n The Comrrxar-7cueo/i'h O,l (/ir9/r7i0, Do Hereby Cer-tV91 Thai' / Hove Conefu//y Surveyed The Prz�,oer•-tc� De%'nected Oy Tfi/s P/a/ And Thai' /i' /s Cor-r-ecf To T!?e Qr&V ,e' ocu/edge And lief : Th�f /f /s A Subdi vision O� The Land Ac'quined 6t,/ - weSfSide Me' iYloa/ /�rO,aerfies 1=11CM ice` Shenaroiaoh Inc. iFecor-ded /n Geed Oook &17 ,4f Pc� Z46,Ate' Oune Fish,�ui Hur�f ,Pccorz�'c�' /� G�ed,600,� Z04,4f �y� 1077, .PeccY-dam' /n The Lon& ,Pecords O/^ r-ict Cozen/y. / Further Certify Tho/ The Lam' Ernbr-accd //7 ThiO Suft'iai-5ion Lies Entirely Within The Oounds 0/ The Tr-ocf ; Thal This /'/af .Peor-esel7ls An Ac�-urw'e Qf The -19:7/rae And To f/r91.,?.:7 Sfa/e 6r•,ry' A/or lfi /n 4=o1-o'o'r7ce 9//th The ,PVuircrr7enfs 0/ The Fi-cder�� Counfy subdivision Or-o'.�,-Xe.. 61ven Undo' RV 11brxy Th/s r4�Day Of' Alavember', An57 ,�"�•LaLTN, �: r" v- E'��'r� 1ni� 'N. DOVE CE9T. r;0. Ed,vardll�Ootie 06,4 OU//-ne/-'s Ded/caliol? We, The Undersigned, Ouiner- Of The Lond Show, f/er-BG�7 And Oescr-ibed /r7 The Surveyor-'s Cerfificafe f/er-ebyAdcgof Th/s f /on Of Sufx�'iv�sior�, Lid cafe Tftr Strcefs To f7i6/.c Use Esfab/.sh 772,-- lin1i77um Lines,,Pescr-ve 7A,- ,F.ghrs Of K/oys As /rx�'icofen'Fo,-Cons/i-ucliar �, Alainlenance Arb' Oar-off/on Ofr✓f' reds, S/orm `ors, I'aV.7/471--y Olec4465'1s Arx�' Gt/o%r Lines ..4rb' A91ce T/ia/ /ron Pik /f/.//Af A// Go/ Cam►-xrs And Tho/ &o1741r7-c1nts W // f P/4t-pro'/n Accor�orze K/ h The uir-crnern's G/ The Coalztl eub:'%v sim Ora rroxe Under The cyA1-7 E17q11-71-e,--09- Thof Scrh F,na/ P/o/ /s Drocun /n Ac'cor-o(arxe XW4 Xn AnA.-oved Fi.so/ �osiar Gbve%ornenf F/on On Fi'A - - T/ae D i-�merVZ 6' 1/onr7ing And GZevdgo- tl b} J. V. ARTHi;R INC. PARTNER Febr. inr 19Eh a1f5 ram. F dTWoylonO rf Qo /705 ; --v— I ZZ Zlo I`_. 20 I Z/ �o� I � ve % We �-- Other Cands Of � � k ; `t/e51side Mediea/ OUl/Of rCO fi o�er-fieS CO j DUt/af 'C ' � � �/ ' •A � i ScJbdiv 5 � `/0maler ion i J. M. Sfeck" Ja -37 4/ 50 � 50 is a Wbod T ro��►4l � b` Candy NMALL Hill f p mhlrst �`' j` scrod Hurt. HS. Psrochid alar Baptist CHARD 62h td Tow S t ng Sr / WON Wm 'W1 CHE TER Winches h, tll&r7i f y Mao ca/e: / "= z 000' c� - ¢Z - 1 -1 1 � 1 ' Merririin0n5 done fo 1aaus �\O �c 00 02 407 % _co C7 N Wig/ fp7 Z C0 cn 4e /90)/ g V/ 07 ,098•v Af-L0.0/.92 0 lZ �O Z�S�a��n�}�afS =�ZZ . �,/elns Jo�,oa�o�,oap fxJaJ�fj' o lie NlE roZ'B/ 00'99 CO/ p7 ') 107 O, ,L6L// M,LO,o/.S15 91407 00 se n! LO,01.sa, �v O�9/ , 00 OL �90/ ry 13,61,20.91N 49 407 to Vol a � ' . 9Ei ��,oafda%dap figa�ay VLZ 99 LPG O l EZ 41 Chi S 107 Cl j07 %'�� � ds1 bz ryx, v �fiL�o9 °> 0 Cb Z/ 407 0 + ` de • ' GI �{4 °al NI 'SecdW 2 o Westside Station Ck" & AmociwmBK 6 7 2 PG 18 8 Wff I&esftw, V& C 'Po � I zlt�� 'Ilk 0 O gL Af FC7(ic—. —/,-,)/Y O 40 N'7f°orz5..w100.6 6115 Alkk-cbm2 or estside Station e Dove a AssociatesWkxhw9w, Va. �IAZ -- 1630'00'S/,w /555g L6t Zo Ai-eo oeoseollld .: : For Pb�;c Sfr�ef �ur� LOf ZS /[78 c� Vn `1� I 8 3��(� L01 � 4\ ) n 401Z/ 3, LofZZ m' a 80/Jj' 8,00� N N 7745 L.55'— /4-J. E5" ............. f/c�eby Q�,�'/m�ed For- �6/;c Sfrec� ��,00ses •, .�.:.:......,,.� 1vZ5'/0'07 E g lfIeSfside 1947 on Drive 2,00 00' /i5 Ja, Lol Z o ` Ld /o 22 r,vZS•io o7"F k Ft /e '° rs 32 e Eby Zo �oi�Q for/(j IIWOo¢7 .c N I Ilb \1 r 0 ti I Lot /(a / / io5 -+ •f/,�,�• ti� Lot Z3 ao • 44 0 7 a�k: �Ot ZO cat 6, 542cl /Xi(� Lot v IeA44A ;c V / Storm Sewer E--3rr7f ...... �....� Lot oo 19W V ��a St4tion Ori ve. ye -, fbyOdld/. � -0feO fcv- Rib/iC 6freL-f —L�----- �'NiB �G�"w•.,• �� .,,..2� �=/f0��- �'� - •• °X� , �a�-T, �✓ec�- E�m� p• N Ile 8 4.°>7'CD < Oo Grp CD i..�•i:'L. C..iI [._. l-.; "t..�C..cl./l_�r...: •'tij! % �.....: �..; L.1 f"%'..,y• VQ. Lol -IV N 1,4 IIcio lk o 6 Lot zr2 0, e4 f 7/ IOA 10t Z7 N me lao',,C-. ed-00, Lot Z6 0,1401 -11619-� i ]- � I . � .,,Vf6lO'O7-E .,Zm Ocwer Ern f ti QD Ob Lot zo IC14001 2 k Lot Z*9 /91823 or llfcCri Ac' eE ��; out�ot � �: N e 5t'a�ion40/- ti 41 675 Cb :5 &7C stotion Drive do A—, Lot 51 0 TI N 0 /--,) eoy Sj N) Sle-7 //0/-7 Drive (6&XI1,41) Z0000, doldo 72. 00, 70,00 Lot 3z Lot :55 10,6541 /0, i901 1-0/ —:54 . .......... 70.00' 7z, 00 5 Z5*04'.30',W 6(04.191' 0 IF,ql" 1vt5,10,07"E- Z75.&&, Wes fs ide zoo 00' 70-00' I Ot;:.54 CD %Fw CD cr) 5-5zl - -51 F� -/0, 10135 o/ 3(-0 /0,/Oo/ 0 4-4ZI 30' I OlOrM C3eU)(fr L y C-0 T-A ff rr, L-- r 7 1 -7000' 70.00' 625704'3oI91 814 0 7' O'd>000, CU CD r<3 C.0 CA.) 7 %7-M sewer- L L NI*N� I . G IM O O I ro gig. o 10 - 00 '-,t-)-o 0 0 0000, 1 o ' tic, 00, 00 o t4 I V -., ID 00'0// 04,10. 102,10.:e, N,00,92.12112N 00'W I 0000, 1 o ' tic, 00, 00 o t4 I V -., ID 00'0// 04,10. 102,10.:e, N,00,92.12112N 00'W I 72PG195 cur- ve Doto N0. 1 kWius De/to Arc Tangent Chord Criord 45eariny / 55.00' 3Z'31'44' Sl. ZS" 16-05' 50.8/' S 50'57' 18"W Z 25.00' 55'4a l<o' 24.35' /3. ZS' • 0-555' 5 &Z'S4' "W 3 Z500' Z53<o'48" l I. /& 5. ro8" l 1.06' 5 7�0,45' 54 "E 4 / 50. 00' ro5' 16' fO" / 70.68' ID& 0 o' /<0 /. 7�" 6 5'o'54'05 "E .44 150.00' 0Z"33'5/" 5.8Z' ZO1' 5.8Z' A168'/5"ZZ"W 45 /50.00' &e*4Z'Z0" 14 Z Z6 70 Z1 ' /,35. Z8' A/55037 "/5" PV 40 /70.00' 0510,549" 74.6 ; 37.4D4' 74.0�o' 5'76057'Z5"E 4D /70 00' 40 30'W" l 10.00' &;rOro 116.5>' 5 44' l40' l5 "E 5 Z5.00' O5'44'Z 1 ' 41.77' Z'7. &4' 57. 06' N Z3' 5 l Z "E Co Z5. 00' 05'44'Zl " 4 /.77' Z7 &4 ' 57 05' 5 7Z108'01:9"& 7 500,00' 15'34'lro" 110 14' 519.85 / 1(566' 5 57'S�o'4l"W 7A 475.00' 01 ' 01 'Z°o " 8.50' 4. Z5' 5.. 50' N 7/ `5-D'07 "E 78 475.00' 0'9'10'08" 7&.0 / ' 66.0D' 7505" N 55' Z457 `E 7C 531.00' 07'Sro56" 73.67' 75<01' 554'4801'W 6 4 / 0.00' 18560" 05 If 6, 18Z.07' 5 57"5'.:' 50"W 8A 38 Z.00' 05'00'El ' 05---f 7' 16.70" 35.56" Al4b' i0"ZZ "E 55 38Z.00' 10754'04" 7Z68' SYb445 7Z.57' N40'ZZ'10"E 8C 58EOO' 00'450l " ro5.01 ' 3Z. f 64a-) -1 �; N50"OZ"58"E 8D 458.00' 0.3'50'50" Z�.57' 14.rd:�)" Z�'Xo" S4b:54'lB IW 8 E 438.00' OD'41505" '75.Orb- 07&Z " 745D7 ,340"04' Z8""W 6F 456.00' O'f4&'�" 7475' .�7.44 74�' 0OZ 1&'O7-IV 6G - ¢�8.00 OL'/5'/J" /�0.�'7" 8.4�J" /(�.�T' SZIo"/�044'�/ 0 Z5. 00' DO'00'00' � Z7' Z5.00' 35-- 670/0 07 w /O /55.00' 1 /4'30 DO' 1 36 05" 1 /-V 7Z' 3J /Z' Section 2 Westside Station Dove 3 Associates Wrctxmtw, Va. /a / 15 6K672PG196 Curve Data NO. kbIlUS Del to Arc. Tcr7Qcn Cl7erz7 cturz , briny IOA 140.00' /4"5000" 35.43 /76/' 35.34' 1V57'34'55''W /08 /70.00' 04'50'24' l4 5(2' 7./6 /45(;2' SroZ'Z4'4/ "E 10C /70.00 OJ 3l0" 28.E /45'0' Z8.�5' S55'O�4/"E 11 Z5.0C 60 00'00" fro. /8' /4.43' 0500' N ZO' /'9'55"W /2 5500' 500'00'00" Z87.,D8' 5/.75' 55.00' 5 -`�'40'07 "W l2A 55.00' 50'OtM" 5C6.7Z' 0/./7' 54.Z4' Nl,0'5Z'M"W /Z5 55.00' /55'Z7'5/' /40 Z5' Z50-D� /07.41:9' S 52'5/'00"W /ZC 55.00' 85'2�057" 82.05 50.80' 746� 0 G7'--5 o'Z4 " E /3 Z500' &0'00'00" Z( . A5' /4.45' 05.00' 380' l�'5�"'E /4 Z5.00' 90-00'00" 27" Z500' 35.E S l D'4,D' 55"E /5 55. 00' Z5/'OZ 04" 040. J8' 770� 61-5) 55' A/ 7,J `3 J'05 "E 15A 5500' 5V57'1/" 5755' 8/.7Z' 54.,'0' eCW-:$8'28"E- l58 55.00' /05°05'20" /005 5' 7/70' S87'/-D44"E /5C 55.00' 82.55' 5/.28" 750/' NOZ'SZ'10"W /ro Z5.00' '7/'0Z'04" 30.'00' /7.54' 20,05 N/O`ZO'55"W /7 55.06 Z'77 0l'Oro" " 48.�4' 7Z.88' N4 D'/5"W /7A 55.00' l58°30"53 /3Z /45.. ZO' /0Z.b7' /7,5 55.00' 87'OJZ4" 8557" 5Z.04' -7570- 887'ZD05"W /70 55.00' 5/'Z7 0:n' 4�.�J' e(: 0.50' 4-775' 8 /8' /5'4D "W /8 Z5.00' 48 5o'S5" Z l . l7 " 00. 54: `3 /G 4 5' 5 / "W /-D Z500' 4b' '7"53" 2/. /7" //. Z�" ZO.54' Nro5'/6'04"E ZO ro70.00 07 50'Zro" 88.84 44.4f5' 88.77" 544410 00"'W Sec bm 2 Westside Station Dove 3 associates )76�2PG 1 9 l Curve Do to Section 2 Westsade Station Do" a Asmcfates �, Va. .�Y/� ,./ i7.L' /6. NO. Pae�'iuG Delta Arc Tangent Chord Chord etat7r-irV ZOA 0 10500" 01°.4/'24" lam./rl' �5�" l�.17' 84/'5/'ZO'.W z08 7GYo.00" 07"30'Z<o" OZ.5/' 4(.5Z' �Z4�4� N44"4ro'00'E Zl z5.00' r75"ZOO 32.87' 10.50' �.5� S80'2Z'Z�"W ZZ //500' 18'10077" Og" 3 /8.54' .�" 3G � N 5z'47� ''H/ Z3 Z05.00" /7'/O"00" �ol.4Z" �.�4' col. l�J' N55°ZZ'/Z"W Z5A /85.00" l7'lO'00" 55.4� 27.�Z' 55.22' N55'ZZ'/Z"W Z35 Z2500" 06°/3'55" JZ.33' /%.I�' S230' �357'50'l5"E Z3C ZZ500" 05'56'0.5" 55.0,' /r7.5b" 35.05' S4�`l5'/5"E Z4 ?Y�,CO' �o°a�'o0" 47 S0.00' 4z43' /VGb"/Z'48''E ZS �07/.58 05'Zlo'ZS (0580' ro3.77' N47°5G'CO"'E 25A G5/.88' O/'S�"30' Z2.0�' //.05' ZZO5r /V4601/'OZ"'E Z55 �/.68" OZ'45'Z4' 3Z�' /6.44' 3t � S4�°34'ZD"l�V 25C Oz°43'OZ" 3Z.81 " /(0.4/' 32.81 " S 4�' l7 4z"W Z<o 25.00' 85`Z8'ZS 3'730" Z5.lO' 33� N8D'S3.50"E 27 55.00' Zoo/'S8"50" Z5/.48' �05.50' 8303' Zr1A 55.00' S'o'JJ'Il" 54� ZO.5' ro 5Z.1D"75'4/5E �v 5" Z7B 5500' 644l040" �oZ /8' .�J' '4.8 5� 8Z' /V45'3507E 27C 55.00' (O°z/"40" 57.�4" 3/�' 55.�' N/8'SJ'07"'W 270 55.00' 37°Z8'SG" 35.�5" /8.�' 35.54�' N67°5¢'/5"W 27E 55.00' 3¢'32'Z5" 37G"05'/5"N/ 27F 5500" 0 080'4�" 784' 3. O2'. 7.83' 854'44Ge'!N Z8 55.00' Z�oZ°49'lO" �oZ.�' 8Z50' NSYo'// �j7"yt/ BK67ZFG198 curve Dctq i NQ Rcdius De/to Arc Tcngent Chord Chord e5coring Zb A 55.00' Z7 14' /3" Zoo. 14' l3. 5Z' Z5 lDo' S 5l605'4 / "W z8 5 55.00' W*45'Z6"' 7D.4:!�' 46.50' 7Z.75 S 25'25 3� E 06C 55.00' 750/5'0/ " 7Z. 24" 4Z. G7. /5' N77'0Z'37"C- Z80 55.00' 77`6/'Z5" 74:4Z' 44. /6' G6.87' N0/001!�'ZZ "E Z0A Z500' 30'IG'45" /3.Z1' 6.7� /50r,; /VZZ0(5'00"W ZV5 Z5.00' 52 5Z'Z(�'o" ZZ.--)Z' /0154' 00. /3 N/0*5�'�4"E 50 3000' IDOW 00" 47. /f' %V00' 4z.4-!!i 861D`47'/z ."E 3/ Z5.00' 100'66'4/' 45../5' 0/.70" Za 5/0*/0'52"E 3Z t00.00' 23"Z/ 07" 8/.5/' 4/.35' 80.'D5' N---2�05040"E :;-�ZA ZZ8.00' 65.00' 32.7Ca' 6466" 3 55'00 48" /N 3Zn /7Z.00" Z7" 70./O' 55.54' OD-CoZ' i9re4:7Tabu1011;0r7 Lols Ou{IoTs A, 5 F C 5tree fs Toto/ Area Oquone Feef o/- Xrr'e�5 4/51 546 -940-;f)7& /410, 3Z-3 5.4Z7`0-�) /44, 6D6 33Z43Z 707, Ca7� Vi54-41M "t�: FREDERICK COUNTY, SCT. This insirument of writing was produced to me on the '`4 day ofA'_�.,._, oaf ': and .,rith certificate of-vitno,�ied'�^ent Lhareto annexed was admitted 'Lo record. Ir CLERK /&. Z4&0(5 Section 2 Westside Station Dom& Aswckdes W.x,escWr, Va. COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 November 8, 1990 Philip Groves, Attorney 132 South Cameron Street Winchester, Virginia 22601 Re: Setbacks for lot 37,.Section II, Westside Station Dear Mr. Groves: In response to your request this date for confirmation of the front setback required on lot 37, Section II of the Westside Station subdivision, please let this serve as such. The required setback distance from the road right-of-way (Kathy Court) is 25 feet, as this lot was approved prior to the adoption of the current 35' setback for single-family detached cluster lots. This lot is under consideration for a variance to the 25' front setback and 10' side setback requirements because the house was constructed with slight encroachments into the setback yards. That variance application is to be heard by the Board of Zoning Appeals on November 20, 1990. Because some of the lots at Westside Station require a 35' setback, I am requesting by copy of this letter to the project engineers a copy of the plan for the development which indicates the setbacks applied to the individual lots. I trust this meets your needs. any questions about this. Sincerely, i�i�•��ir � ox� Ronald A. Lille Planner/Zoning nspector Feel free to call me if you have copy to: Scot Marsh, G. W. Clifford and Associates 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 RAY D. PETHTEL COMMISSIONER Mr. Charles E. Maddox, Jr., P.E. Ref.: C/O G. W. Clifford & Associates, Inc. 20 South Cameron Street P. 0. Box 2104 Winchester, VA 22601 Dear Chuck: D;-- I NOV - 8 1989 �I COMMONWEALTH ®f `yIRQINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 WILLIAM H. BUSHMAN (703) 984-4133 RESIDENT ENGINEER November 7, 1989 Westside Station Subdivision Route 1304 Wayland Drive Frederick County It has recently come to our attention the residential section of the above referenced subdivision is starting to develop. Please be reminded minimum requirements for private entrance culverts in this development are 15" round or 13" x 17" oval shaped in diameter by 30' in length and that mailbox posts should be placed behind the ditchline with a minimum of 4' between the face of the box and the edge of pavement. Enclosed for your use are details on both private entrances and mailboxes. Please provide this information to the developer so there are no misunderstandings in the future. Should you have any questions concerning the above, do not hesitate to call. RBC/sl attach. xc: Mr. Robert L. Moore Mr. R. W. Watkins Mr. F. E. Wymer Sincerely, W. H. Bushman, P.E. Resident Engineer ( a J �44 - By: Robert B. Childress Hwy. Permits & Subdivision Specialist Senior TRANSPORTATION FOR THE 21 ST CENTURY .� I •.• • I V V /• I V Y vQ r. E it ftN� r Lumber ro be pressure ifs xro Try a red. t------ Nails ore ro bC Cody. 6d 701r, 2.d fyyrowrt Eo�h . 2rx4r -�' 3or-39� • crr� �r n w_ 17ITGrl ScGTIorJ 41 �t r � ircuc rr": Typica I 2 t1' A t I c 5Tnlionno PIUYATE LIITILAIICL; . 14' width with 4' COP.-M F>z�n►�r OF Ma1Lgoi- "% 6C rL.JSH i,J%rH l BACKS l t>E OF CJK� . Ct0, SECT-1btJ PE-1 v a Note: All entrance prudes shall start bock of the shoulder line. it drainage is necescdry, the ditch line may be moved bock to provide at least 9" of cover over pipe, as shown of right. 12' or eusling wtdln whichever is greoler. I I Surface- Crusher Run Aggregate I i No.25 or 26 I� I � %Grade " 16� �/ �rfoc cu cu o j12'r' L Culverts if necessary Shoulder 52r �i r-- MAIN ROADWAY PAVEMENT Note: Lengths of culverts shown on road plans for entrances are approximate Entrances in fill to be some as above and shall be adjusted to obtain above except location of culvert (when necessary). .r . roadway widths. :)'TANDARD PRIVATE ENTRANCES VIRGINIA DEPARTMENT o/ C 0 n D T A T Info \ N \ \e 0/,1\ Ad \ C-� ej L L 1 -O, O. O• p,. O 0 a o� add�o v d v d o i \\ t' E 5 N O L Cr z rn W U z a H- z W Er W 0 W 0 a z z \U y J \0 4. U a: O J LL A O 0 0 � O .00 z w ,fin O � ,. > E 'o CrzU) W 2 � Q z a W Q - -t--- SPECIFICATION REFERENCE 514 J, .11 A, PETER K. MCIIEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G. BUTLER MICRAEL L. BRYAN MCKEE AND BUTIXIR ATTORNEYS AT LAW 11 .SOUTH CAMERON .STREET P. 0. DRAWER 2097 WINCBESTER, VIROINIA 22601 -1297 April 27, 1988 Mr. Stephen M. Gyurisin Deputy Director Frederick County Departments of Planning and Building Winchester, Virginia 22601 BY HAND Re: Westside Station Subdivision My File No. 6178 Dear Steve: AREA CODE 703 TELEPHONE 662-3466 PLEASE REPLY TO: P. O. DRAWER 2097 Please find enclosed a copy of the subdivision for Westside Station. Thank you for your assistance. Very truly yours, McKEE and BUTLER ENJAMIN M. BUTLER BMB:fmcl Enclosure C0 'S w COddti : F MaddAX G.W. oqpt6 -4 Assoo 1�,rin,G ,,&7-Z139 vOor —yd,a.i�aMne.J v 6-h rW�RSUY E-IVISION PLAT % � K:CPk-Dist. ESTSIDE STATION, SECTION 2