HomeMy WebLinkAboutRe-Subdivision Plat Westside Station, Section 2 Back Creek District - BackfileSK672Pc184
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Alesteldoe Sfafiorl
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- CC;i.:IS�IGN
VTN_ CT H 1 G H AYS
Dove F Associcrfes
E n ginee/-inq - F'/anninq - Surve yin9
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(70�) --365-74/¢
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DA'= E
DA' EZ-LS-88
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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
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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-
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{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
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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
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dedicated, platted and recorded herewith, and any
•
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r*subdivieione or corrections thereof.
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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
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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
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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
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.. o Reference is hereby made to the aforesaid instruments and the attachments
V1 U
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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
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4 IRS
DRAINAGE EASEMENT KATHY COURT
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54.84' IRS
OUTLOT 'A'
—ITLE.
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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
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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
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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"
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5'p"07 85.0Lot /8
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t� /Pilvof�/y Ocun�ta'J N � C �'
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f/c�cLx� DedcofedFcY 1-zlbliC ........
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6, 44ZI
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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
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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� \
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flcrcby D&CIICbAed Foy �u'v/ic 5A -cc,% �rPoScS
/C,v (oP�•
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Sec6on 2
Westside Station
'c6 l 6 E2PG 19 0 ,rove & Associates
Ij
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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
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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
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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
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1{
COMMONWEALTH OF VIRGINIA
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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
"
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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
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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
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Pe.daloiubma. Vft&i. 22401 (/e3) 696-21U Wi ch m. VtaiW. 22601 CM3) 667-21..
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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) —
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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
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���A�TypD ( Re -subdivision of a Portion of W--estside Station - Section 2
n P..DUANE DATE: APRIL 28, 1988 SCALE: 1 "=50'
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Revised July 15, 1988
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WESTSIDE STATION - SECTION 2
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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..
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N0. I
LAND
Re -subdivision of a Portion of
. Westside Station - Section 2
DATE: APRIL 28, 1988 1 SCALE: 1 "=50'
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150-C Old. u--kh D.W.
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cliffor & associates, inc.
Engineers - Laud Planners
Surveyors
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2 1 M1 6a7-2139
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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/
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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-
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Section 2
Westside Station
Dove 3 Associates
Wrctxmtw, Va.
/a / 15
6K672PG196
Curve Data
NO.
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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
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Typica I
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5Tnlionno PIUYATE LIITILAIICL; .
14' width with 4' COP.-M
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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
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Culverts if necessary
Shoulder
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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).
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roadway widths.
:)'TANDARD PRIVATE ENTRANCES
VIRGINIA DEPARTMENT
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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
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E-IVISION PLAT % � K:CPk-Dist.
ESTSIDE STATION, SECTION 2