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Battleview, Section I Stonewall District - Backfile
t ., r RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 (703) 984-4133 October 17, 1990 WILLIAM H. BUSHMAN RESIDENT ENGINEER Ms. Karen A. Robinson Ref.: Battleview Estates Subdivision 933 Forrest Drive Off Baker Lane, Route 1200 Winchester, VA 22601 Frederick County Dear Ms. Robinson: This is to acknowledge receipt of the petition you sent us dated September 15, 1990, which we received on October 1, 1990. You requested in the petition for state maintenance of the streets in Battleview Subdivision. The only way for a subdivision to qualify for state maintenance is for it to have been designed to state subdivision design standards, the design approved by the Department, constructed to the approved design, have sufficient residences, and added to the system by the County Board of Supervisors. To my knowledge all these steps have not been satisfied for your subdivision. The last correspondence shown in our files indicated plan approval on December 2, 1986. If you have any further questions about this matter, please let me know. Sincerely, William H. Bushman, P.E. Transportation Resident Engineer WHB/sl xc: Mr. Robert B. Childress Mr. Kris Tierney TRANSPORTATION FOR THE 21 ST CENTURY 0 4,7C/ foPs f Of 6 jz�� ci� (07 vn u g&- ' `O rt w-Q US m use Drw� q vroJC) w� q IT -u o November 25, 1986 Mr. Chuck Maddox Gilbert W. Clifford & Associates P.O. Box 2104 Winchester, VA 22601 Dear Mr. Maddox: This letter is to confirm the Planning Commission's action at their meeting of November 19, 1986. Approval of Subdivision Request of Battleview Subdivision, Sections 1, 2, and 3, to place a total of 80 duplex lots. Please submit new plats with the revised street names as we requested. If you have any questions regarding this subdivision approval, please do not hesitate to contact this office. Sincerely, ;, /- �� /- //� /, r; �� , Robert W. Watkins Planning Director RWW/dll COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/f655-5650 TO: VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority ATTN: Mr. Wellington Jones Clearbrook Fire Company , ATTN: Mr. Ralph Robinson , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 21, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Battleview Subdivision, Section I , or their representative, Scott Marsh, Gilbert 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 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 M E M O R A N D U M —,V V1 I a 1 V• . 1\LL1 A%A— apartments of Planning and B ding 703/6559-565C VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman anitation Authority ATTN: jr. tleilington Jones';i Clearbrook Fire Company , ATTN: Mr. Ralph Robinson , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 21, 1986 SUBJECT: Rev.W iqmu�wntsAOn: Conditional Use Permit Site Plan X Subdivision Rezoning We are re iteWing the enclosed°irbquest by Battleview Subdivision, Section II , f`1Iarsh Gilbert W. Clifford & Assoc. 667-2139 or their U""t&4Ve by- Will you please review re —attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Approved for water and sewer. Signature Date /10 W -" 0 C'rtivrt Qrninn- _ P (1 Rnx 601 Winchester. Vireinia - 22601 P. Duane Brown, C.L.S. COUNTY of FREDERICK Departments of Planning and B�6sding MEMORANDUM 703/-&"-5650 TO: VA. Dept. of Highways & Transportation -, ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Clearbrook Fire Company , ATTN: Mr. Ralph Robinson ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 21, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Battleview Subdivision, Section I , or their representative, Scott Marsh, Gilbert 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: This has been sent to our District Office for f-=ber review_ Upon final review, we will pass our commt-nt--%,--,A h and suggestions a1on- to you. y ,a L co Signature O ZZ (l6 az- Date )0'?�2-Pi( 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COtv1,IMQNWEAL1H OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION Edinburg, Virginia 2282.4 (703) 984-4133 November 3, 1986 Mr. Charles E. Maddox, Jr., P.E. C/O Gilbert W. Clifford & Associates 20 South Cameron Street P. 0. Box 2104 Winchester, Virginia 22601 Dear Chuck: Ref: Battleview Subdivision Frederick County As requested, a review of the above referenced subdivision has been made and our comrnents are as follows: 1. The street radii at the intersection with Baker Lane should be 50'. All other intersections can be a minimum of a 35' radius. 2. A 20' X 100' drainage easement should be provided across the Fort Collier Farm, Inc. property to ensure flow away from the subdivision. 3. Erosion stone is to be provided at the outlet end of all pipes, as noted. 4. Soil stabilization mat is to be provided at approximately the location noted. 5. A standard VDH&T stop sign will be required at the intersection of Baker Lane. 6. In accordance with the subdivision policy, a minium 50' right-of-way is rewired for these streets. Only tertiary streets (5 acres lots) or short cul-de-sac streets are permitted to be taken into the system with 40' right-of-ways. We arcs attaching a plotted typical section showing 40' right-of-ways do not give sufficient width to maintain a normal ditch section, particularly around the flares in an intersection. Even though this development is showing an additional slope and drainage easement, the individual property owners are generally reluctant to accept any routine maintenance beyond the prescribed right of -way. Also, please note footnote number eight in Table One which states: "Additional increments of right-of-way may be necessary to accommodate the full roadway elements including cut or fill slopes. This matter has been discussed with you. You indicated it would be appealed. If this is the case, please do so in accordance with page number seven, item number ten of the Subdivision Manual. Should you have any additional questions, please do not hestiate to contact me. Sincerely, K. D. Walter, Inspector KDW/ks For: W. H. Bushman, Resident Engineer Attach. CC: Ar. R. L. Moore Mr. C. E. Mattox Mr. Robert W. Watkins COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIM4AYS AND TRANSPORTATION Edinburg, Virginia 22824 (703) 964--4133 November 7, 1986 Mr. Charles E. XIaddox, Jr., CIO Gilbert V1. Clifford & Associates 20 South Cameron o4ef 11. O. Box 2104 IvInchester, Virginia 22601 Dear Chuck: Ref: Battleview Subdivision Frederick County This is a follow up of our letter sent to you dated November 3, 19*36 which you objected to lte-number si:--, concerning the 40' right-of-way due to the 141At �e i i 'S approved and signed by the County. We Tia-ve (liscussed the plans in some detail oLr Assistant secondary >?.oad Engineer and our Assistant District Engineer. There are some arguments for consider- Ing this as a tertiary subdivision. The main concern is wisether the C)l Math (which is a ininimu-n under tertiary ?Iesign) is sufficient to claintain file roadway and ditch section, Also, the narro-.t, ri�,,-,ht-of-way dloes not r',rovide as fnucl-i horizontAl sight diatance in ctirbs and at intersections. It wa;i concluded that a e would, approve this sundiviesion providing 101 slopes and dralnaq.e easeraent% are dedicateri as peinAulnent easements. It is further noted, no obstruction such as buildings or shrubl-*ry are constructed within the 101 easement Ly the property owner. Our Ausistant. District —Engineer has requeateci us to advise you any furtnur sub- divisiotis would require a minimum 501 rlqht-of--,&eay unless the streets are c4rt, and gutter and further the preliminary plans be sulrr)itted to the District for review before the plots are signed and approved by the County. Should you have any questions, pleas t c2o not i3esitate to contact me. :,-', i T., C r r 0 1 y . K. !). Walker Inspector For; i5,. 111. Bushman Resident Engineer K DU,'/ ks cc: Mr. D. L. Camper Mr. R. L. Moore Mr. C. E. Mattox Mr. R. v-. Watkins COUNTY of FREDERICK Departments of Planning and Building 6ES 703/-6M-5650 October 9, 1986 Mr. Charles E. Maddox, Jr., P. E. Gilbert W. Clifford & Associates, Inc. P. 0. Box 2104 Winchester, Virginia 22601 Re: Battleview Estates Dear Chuck, Please be advised that Battleview Estates Subdivision will not be heard on October 15, 1986, by the Frederick County Planning Cannnission. Also, please submit three additional sets of construction drawings for review by our office. There must have been some mix-up in the mail, as we have not yet received any copies of the final plats for this subdivision as noted in your letter of transmittal dated October 3, 1986. If you have any questions, please call me. Sincerely, Step M. Gyurisin Dep Director 9 C mirt Cnimre - P.O. Box 601 - Winchester, Virginia - 22601 siert __ ciltfwd & u*iites, inc NMCOMMAM 1972 Emirs L=1'lMM" 3a nyws Wdw qt m1ty "evus Corporate Offt. 150 C 0kM Ore"th Drive a Fredericksburg, Virginia 22401-4098 a (703) 898-2115 Wind ester Office 20 S. Conerm Street a P. 0. Boot 2104 a Wind ester, Virginia 225019 (703) 667-2139 October 3,1986 Mr. Steve Gyurisin Frederick County Planning Comm. 9 Court Square Winchester, Virginia 22610 : Battleview Estates Dear Steve, Attached please find final plats and construction drawings for the above referenced pproject . We are by copy of this letter transmitting three (3) sets of construction drawings and hydraulic calculations to the VDH&T for their review and approval. We are also transmitting two (2) sets of construcion drawings to the Frederick County Sanitation Authority for their review and approval. Our hope is to meet all of your review requirements and be heard for approval by the Planning Commision at your October 151h meeting. If you require any additional information or have any comments please do not hesitate to call us. Sincerely Yours, Charles E. Maddox, Jr. , P. E. Vice President Enclosures CEM, Jr/psp cc/J. P. Darlington RS (C;6'c�-�A)DOM* OF OW&CTOa 7 C1.b2� Thomas J. OTaola. P. E. Charles E. Pbddolc. Jr. P. E. Ewq R. SuUw iwW. P. E. P. Owns Brown. C. L. S. Wtiliwn L. Wrist. Ldwatrory Director TO: G.W.CLIFFORD & ASSOCIATES, INC. 20 S.CAMERON ST. PO BOX 2104 WINCHESTER, YIRBINIA 22601 703-667-2139 0lie-11I LETTER OF TRANSMITTAL PRESENT DATE JOB NO. October 14,1986 i ATTENTION Mr. Steve Gyurisin RE: Rattleview Subdivision WE ARE SENDING YOU � ATTACHED UNDER SEPARATE VIA THE FOLLOWING ITEMS SHOP DRAWINGS CHANGE ORDER SAMPLES El SPECIFICATIONS ❑ COPY OF LETTER RX PRINTS F-I PLANS El OTHER COPIES DATE DESCRIPTION 3 9/ 15/86 Record Plats-Battleview Subdivision -Section 1 3 9/ 16/86 Record Plats-Battleview Subdivision -Section 2 3 9/ 17/86 Record Plats-Battleview Subdivision -Section 3 ARE TRANSMITTED APPROVED/SUBMITTED QX APPROVAL FlAPPROVED/NOTED 0 FOR YOUR USE F1RETURN/CORRECTIONS Q AS REMIESTED FOR REVIEW FOR BIDS DUE 19 REMARKS RESUBMIT FOR APPROVAL SUBMIT FOR DISTRIBUTION RETURNED CORRECTED PRINTS LOAN PRINT/RETURN COPY TO:J.P. Darlington SIGNED P.DtjaQe Brown C.L.S. REV. 2.0 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Clearbrook Fire Company ATTN• Mr. Ralph Robinson , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 16, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Battleview Estates , or their representative, Charles E. Maddox, Jr., P.E. 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 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 In l r .. i • 7 Departments of Planning and Building MEMORANDUM 703f6"-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Clearbrook Fire Company , ATTN: Mr. Ralph Robinson , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 21, 1986 SUBJECT: Review Comments On: Conditional Use Permit % Subdivision Site Plan Rezoning We are reviewing the enclosed request by Battleview Subdivision, Section I , or their rep qe t e,,�Scott Marsh, Gilbert W. Clifford 6 Assoc. 667-2139 Will yourp-*aW;WF i t-N�7ched and return your comments to me as soon as possible) ' -`/ OCT " 1. U U k—i Li L. THIS SPAUY- sjia B-n BE-0R_REVIEW COMMENTS: Approved for water and sewer. Signature Date l© i?i%'�� I 9 Gourt Square - P n Rnx Anl - Winchester Virginia - 22601 . SALT$ p�D. Q. Duane Brown, C.L.S. 0 COUNTY of FREDERICK j Departments of Planning and Building M E M O R A N D U M 703/655-5650 TO: VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Clearbrook Fire Company , ATTN: Mr. Ralph Robinson ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 21, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Rezoning We are reviewing the enclosed request by Battleview Subdivision, Section I , or their representative, Scott Marsh, Gilbert 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: W6 ?CCOAMal) %0 FOLLOW 1116 Nf14 C01M Signature` Date r�vv 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 1 # COUNTY of FREDERICK IJ " Departments of Planning and Building M E M O R A N D U M 703/655-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Clearbrook Fire Company , ATTN: Mr. Ralph Robinson , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: October 16, 1986 rn',',;-i ^_SUBJECT: ._Review Comments On: Conditional Use Permit Site Plan ' X Subdivision Rezoning We -are reviewing the enclosed request by Battleview Estates , or their representative, Charles E. Maddox, Jr., P.E. 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: Approved for water and sewer. Signature Date Z© 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 t: z MW M tL 0 z 0ri . _—Z cc. LU z -2 Ln LLI (r C.) co a, t ir 0 LL ta z ID ISSUIN6 DANK: DOMINION BANK OF SHENANDOAH VALLEY, DOMINION �NATIONAL ASSOCIATION I LROANK -�:Dominion Center Harrisonburg, VA 22801, APPLICANT: '*;Frederick County Planning Commission J. P. Darlington 9.Court Square Route 6, Box 173 —Winchester, VA 22601 Winchester, VA 22601 DATE OF ISSUE: September 10, 1987 —ISSUING BANK NO.: SISVO49 ,,EXPIRY DATE: December 10, 1987 L AMOUNT: -$90,000.00 (Ninety thousand) _.-,.We hereby issue this irrevocable Standby Letter of Credit in your (the beneficiary's favor which is available against your drafts at sight drawn on Dominion Bank = of Shenandoah Valley, National -Association, Harrisonburg, Virginia, bearing —.1the clause: "Drawn under Dominion Bank of Shenandoah Valley, National Association,—. credit no.,SSV049" (as indicated above), accompanied by the following documents: Your offically signed declaration stating: 7,The amount of the drawing under this credit represents funds due from and remaining unpaid.by_J.',P. Darlington in that J. P. Darlington has not installed roads, public water, and sewer facilities as approved on an official plat as per county specifications for the Battleview.`.,,. Subdivision, Frederick County, -:Virginia.','. - Drafts drawn under this Standby Letter of Credit must,be accompanied by_the T_ original Standby Letter of - Credit ...-- . . . . .. 777 �t� tit J4 it .... .. tItIi, t _M N1 ft, 777 h z tho rized Signature I I E7 11 is 0? tit 01 —it .. it —1 —A , fit 11 f Nt k7� I'll mjl! ��w:ifrjt.'EiJff- f41T-SIIU�111,.- U i���1117 I - I J, .111 M i SUBDIVISION REQUEST Battleview Subdivision, Sections 1, 2, and 3 Final Subdivision Plat Zoned RP (Residential Performance) LOCATION: West side of Baker Lane MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residential, Industrial, and Vacant Land Use, and RP (Residential Performance), M-1 (Light Industrial), and MH-1 (Mobile Home) Zoning. PROPOSED USE AND IMPROVEMENTS: Section 1: 26 duplex lots with an average lot size of 6,402 square feet. Area in open space is 2.3546 square feet. Section 2: 26 duplex lots with an average lot size of 5,939 square feet. Area in open space is 0.5420 square feet. Section 3: 28 duplex lots with an average lot size of 6,370 square feet. Area in open space is 1.4463 square feet. REVIEW EVALUATIONS: Highway Department — See attached letters. Sanitation Authority — Approved for water and sewer. Clearbrook Fire Company — No comment. Planning and Zoning — No objection. The final subdivision plats are drawn in accord with the approved master development plan. VDH&T comments have been addressed and appropriate changes have been made. STAFF RECOMMENDATIONS: Approval. �n r,• a . w ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCRESTEII. VIEOINIA DEED OF SUBDIVISION AND DEDICATION THIS DEED -OF SUBDIVISION AND DEDICATION, made and dated this t7Kday of C, 1987, by and between J.P. DARLINGTON and RUBY S. DARLINGTOI�; his wife, their successors or assigns, party of the first part, hereinafter called the Grantors, and County of Frederick, Virginia, party of the second part. WITNESSETH: WHEREAS, the Grantors are the fee simple owners of the real estate shown on the attached subdivision plats drawn by Gilbert W. Clifford & Associates, Inc., dated September 15, 16 and 17, 1986, known as BATTLEVIEW SUBDIVISION, FINAL PLATS, SECTIONS I, II AND III which real estate development is known as BATTLEVIEW SUBDIVISION, as described on the Master Development Plan for BATTLEVIEW SUBDIVISION on file in the Frederick County Department of Planning and Development. The real estate subdivided herein is a portion of the real estate conveyed to the Grantors by deed dated December 15, 1975, from C. Melvin Dunlap, et al, which deed is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 452, Page 612. NOW, THEREFORE, this deed of subdivision and dedication. 1 ('Slz�- ;5'(,:), 4) t. ANDRRSON' LARRICK & LARRICK ATTOHNRYS AT LAW WINCHESTRH. VIRGINIA WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties do hereby subdivide the said parcel of land into BATTLEVIEW SUBDIVISION, SECTION I, II and III, containing eighty (80) lots according to the subdivision plats dated September 15, 16 and 17, 1986, made by Gilbert W. Clifford & Associates, Inc., which are attached hereto and made a part hereof, and which plats are drawn in conformity with the Master Development Plan for BATTLEVIEW SUBDIVISION on file in the Frederick County Department of Planning and Development, the same to be known hereforth as BATTLEVIEW SUBDIVISION, SECTION I, II AND III and do hereby grant and dedicate for public street purposes that land shown on said plats as public streets designated MUSE DRIVE, McNEIL PLACE, JOHNSTON DRIVE and FORREST DRIVE, declaring that said subdivision and dedication is made with their free consent and in accordance with the applicable state and county statutes and ordinances. These plats of subdivision and dedication have been duly approved by the proper authorities of the County of Frederick, Virginia, as is evidenced by the signatures affixed hereunto. 2 CE V, ANDERSON. LARRICK & LARRICK ATTORNRYS AT LAW WINCHESTER, VIRGINIA THE ASSOCIATION Said real estate has been subdivided into lots as shown on the plats which show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and these plats or former plats also show that certain common or open space area which is to become the property of BATTLEVIEW HOME OWNERS ASSOCIATION, hereinafter called ASSOCIATION. Every person or entity who is now or who becomes the record owner of a fee simple interest, undivided or not, in any subdivided lot, of these dedicated sections of real property known as BATTLEVIEW SUBDIVISION, hereinafter call SUBDIVISION, shall, by acceptance of the deed or otherwise, become a member of the ASSOCIATION. Excluded from membership and assessment are entities who hold an interest merely as security for an obligation and/or the Commonwealth of Virginia, acting through any of its agencies or authorities; the United States of America, acting through the Farmers Home Administration or any other agency, administration or authority. Each member of the ASSOCIATION shall be entitled to one vote for each lot in which they hold the interest required for membership in the ASSOCIATION. 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 v7 ANDERSON. LARRICI{ R & LARICIi ATTORNEYS AT LAW WINCHESTER. VIROINIA among themselves determine, but in no event shall more than one vote be case with respect to any lot. In the event of a dispute as to the ownership of any lot, the Frederick County real estate tax roll shall control. The affairs of the ASSOCIATION shall be managed by a board of three directors who are elected by the members of the ASSOCIATION. So long as the Grantor owns any lot or land shown on the master development plan for the SUBDIVISION, he shall be eligible to serve as a director of the ASSOCIATION. The initial board of directors of the ASSOCIATION shall be the Grantor and his nominees, who shall serve until they resign or until their successors are elected at an annual meeting of the ASSOCIATION. Grantors covenant for each lot they then own in any section of the SUBDIVISION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION'S Board of Directors for that year only. By the acceptance of the deed or other form of conveyance (will, intestacy, or otherwise) each lot owner in any section of the SUBDIVISION shall become a member of the ASSOCIATION, or its successors or assigns, and shall be deemed to covenant with the ASSOCIATION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION when it is due. Membership in the ASSOCIATION shall be appurtenant to and may not be separated from the ownership of any lot subject to assessment. The initial and subsequent assessments provided for r,I ANDERSON. LARRICK LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA herein shall be a uniform rate for each lot. The initial assessment is $10.00 per lot per calendar year beginning January 1, 1987, due and payable March 31 for each year for the -year in which the assessment is made and shall continue in that amount until changed by the Board of Directors as set forth herein. It is due from the record owner(s) of each lot as of December 31 of the year preceding the assessment and shall be the personal obligation of the lot owner(s). From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members, for the next succeeding year, provided that any such change shall have the assent of.Sixty Percent (60%) of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose by the Board of Directors. Written notice of the meeting shall be mailed to the lot owners at their addresses on record with the ASSOCIATION not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, which notice shall set forth the purpose of the meeting. After consideration of current maintenance costs and any special needs of the ASSOCIATION, the Board of Directors shall fix the annual assessments in an amount not in excess of the maximum annual assessment as fixed by the members. The initial annual meeting shall be called upon 1 ANDERSON. LARRICK & LARRICI{ ATTORNEYS AT LAW WINCHESTER. VIRGINIA request of 50% of the members of the ASSOCIATION or within 1 (one) year of the date of recordation of the deed of dedication, whichever shall first occur, and upon 30 days notice. Presence'at the meeting of members or of proxies entitled to cast Sixty Percent (60%) 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 herein and the required quorum at any such subsequent meeting shall be Sixty Percent (60%) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. The ASSOCIATION will, upon request at any time, furnish a written certificate signed by an officer of the ASSOCIATION, setting forth whether or not the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of the certificate. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of Ten Percent (10%) per annum, and the ASSOCIATION may bring an action at law for judgment against any owner personally obligated to pay the same and recover interests, costs and reasonable attorney's fees on any such action which shall be added to the amount of the assessment. No owner may waive or otherwise avoid 1.1 ANDERSON. LARRICK & LARRICK ATTORNEYS AT I.AW WINCHESTER. VIROINIA liability for the assessments provided for herein by non-use of the common or open space area or abandonment of his lot. The lien of the assessments provided for herein shall be subordinate to -the lien of any mortgage or deed of trust now or hereafter encumbering any lot. The 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 deed of trust, pursuant to a foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. The ASSOCIATION shall have the right to suspend the voting rights and the right of the use of the open or common area by a -member or his relatives 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. Lot ownership shall be the sole qualification for membership in the ASSOCIATION. The ASSOCIATION shall have the right to dedicate or transfer all or part of the common or open area to any public agency, authority, or utility for public purposes. Grantors reserves unto itself, its heirs and assigns the right to create future easements in the common or open areas and the right to erect and maintain electric and telephone poles or facilities and sewer, gas, water, drainage or television lines 7 ANDERSON, LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER• VIRGINIA or cables along existing roadways or rights of way or to grant similar easements or rights of way therefore, with the right of ingress and egress for the purpose of erection or maintenance on, over or under a strip of land Ten (10) feet wide at any point along the rear property line of any lot or tract in the SUBDIVISION, including the right to grant such easements to others. The ASSOCIATION, its successors or assigns shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter imposed by the provisions of this document. Failure by the ASSOCIATION, its successors or assigns, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 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. The above covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of Ten (10) years from the date these covenants shall be automatically extended for successive period of Ten (10) years unless an instrument signed by Seventy Percent (70%) of the then owners of the lots is recorded changing these covenants in whole or in part. ANDRRSON, LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA Grantor reserves unto itself, with the consent of the Frederick County Department of Planning and Development or its director, to modify, alter or amend its master development plan for the SUBDIVISION as now on file with the Frederick County Department of Planning and Development. WITNESS the following signatures and seals: J.P. DARLINGTON RUBY S. DARLINGTON STATE OF VIRGINIA, AT -LARGE, COUNTY OF FREDERICK, to -wit: (SEAL) (SEAL) The foregoing instrument was acknowledged before me this day of , 19 , by J.P. DARLINGTON and RUBY S. DARLINGTON, his wife. My commission expires 9 Notary Public ANDERSON. LARRICK & LARRICK ATTORNRY8 AT LAW WINCR88T8R. VIRGINIA l :7� 10. No structure of a temporary character, trailer, basement, tent, garage, or other outbuilding shall be used at any time as a residence, either temporarily or permanently. All ex- terior construction of any dwelling, outbuilding, or other struc- ture must be completed within twelve months after construction is commenced unless extended by the Association. 11. No owner shall erect any structures within, or otherwise obstruct, any easement across his lot, nor divert or otherwise interfere with the natural flow of surface water, nor obstruct any drainage ditch. 12. Declarant reserves easements for installation and maintenance of public utilities within the building restriction lines of all lots in addition to easements reserved by any other instrument duly recorded. 13. The covenants, restrictions, and other provisions of this Declaration shall run with and bind the land for a term of twenty years (20) from the date this declaration is recorded, afte which they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instru- ment signed by not less than seventy-five percent (750) of the lot owners of any particular section of the Subdivision. WITNESS the following signatures and seals: opn r"'Al NORUPM 0. A� , HPAW (SEAL) RUBY DARL NGTO STATE OF VIRGINIA, AT -LARGE, COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this W& day of, 19F,7 , by J. P. DARLINGTON and RUSY S. DARLINGTON, his wife. My commission expires. - 3 - C�� N4 - a�_�a otary Pu is NDERSON. LARRICK & LARRICK ATTORNICT93 AT LAW .VINCRBSTER. VIRGINIA Any home occupation approved as an accessory use by the appropriate Frederick County ordinances and duly authorized by the appropriate County agency is a permitted use on any lot. 2. No clothing, laundry or wash shall be aired or dried on any lot in any area other than in the rearar. of a lot. 3. No tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. 4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon or permitted to remain on any lot which is or may become a nuisance or annoyance to the neighborhood. No.exterior lighting shall be directed out- side the boundaries of a lot. 5. No sign of any kind larger than one foot square shall be displayed to the public view on any lot, except temporary signs not more than five feet square in area advertising the property for sale or rent and except for temporary signs erected by the Declarant or any builder or developer in connection with the con- struction, lease, or sale of homes or lots. Subdivision identi- fication signs are permitted. 6. No horse, pony, cow, chicken, pig, hog, sheep, goat or other domestic or wild animal shall be kept or maintained on any lot other than common household pets. No commercial kennels are permitted. 7. No trash, garbage or other waste material or refuse shall be placed or stored on any lot except in covered sanitary containers placed to the rear of the lot at least five (5) feet from any lot line. All waste containers shall be kept in a clean and sanitary condition and emptied regularly. 8. The ASSOCIATION shall have the right, (upon 20 days notice by mail to the owner of the property involved, setting forth the action intended to be taken, if at the end of such time such action has not been taken by the Owner) to enter upon the property involved and to repair, restore, or maintain the lot or the exterior of any building erected thereon; and to cut or remove grass, weeds and rubbish from any lot so as to keep all lots neat, in good order and in comparable condition with the appearance of other lots and improvements within the Subdivision, , all at the cost and expense of the owner. The costs and expense are to be paid to the Association upon demand and if not paid within ten days thereof, then shall become a lien upon the prop- erty effected, equal in priority and enforceable in the same manne as the assessment lien provided in the recorded deed of dedication and inferior to the liens of any deeds of trust. 9. No abandoned motor vehicles will be permitted on any lot or in any street or parking area. For this purpose, an aban- doned motor vehicle is defined as one which either bears an expire license plate or none at all. - 2 - i:.. ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCURSTER. VIRGINIA DECLARATIONS OF COVENANTS AND RESERVATIONS WHEREAS, by deed of dedication recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, the subdivision known as BATTLEVIEW._ SUEDIVI ION_,, SECTIONS I., :-1Z and II I was duly dedicated, platted and recorded, and WHEREAS, it is the desire and intention of the owners of said land, as set forth in said deed of dedication and herein- after called Declarant, to impose certain covenants, reservations, restrictions and easements upon said Subdivision. NOW THEREFORE, the Declarant does hereby impose upon the said subdivision the following covenants, reservations, restric- tions and easements, all of which shall run with the land, as follows: ARTICLE I ARCHITECTURAL CONTROL No house, building, fence, wall, structure, or addition thereto shall be commenced, erected or maintained upon any lot within the Subdivision, nor shall any addition be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Declarant. After the lot has been conveyed by the owner and the initial home has been approved by the Declarant and built as approved, then by the Board of Direc- tors of the BATTLEVIEW-_HOME OWNERS Association, hereinafter called ASSOCIATION, or the architectural committee thereof shall have the approval authority. The entity to whom the plans and specifications are submitted shall either approve or disapprove the same within 30 days from receipt. If not disapproved within 30 days from date of receipt they shall be deemed approved. ARTICLE II PROTECTIVE COVENANTS AND RESTRICTIONS 1. No lot, other than open space lots, shall be used except for residential purposes and purposes incidental or accessory thereto. The Declarant, a builder, developer or real - tor may maintain a model home or sales offices within any section of said Subdivision for sales of homes being constructed in said Subdivision. ANDERBON. LARRICK & LARRICK ATTORNRY6 AT LAW WINC8R6TRR. VIROINIA Grantor reserves unto itself, with the consent of the Frederick County Department of Planning and Development or its director, to modify, alter or amend its master development plan for the SUBDIVISION as now on file with the Frederick County Department of Planning and Development. WITNESS the following signatures and seals: - g (SEAL-) - /ram 04 . GMT (SEAL) RUBY DARLINGTON/ STATE OF VIRGINIA, AT -LARGE, COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this 19#G day of 19op'r), by J.P. DARLINGTON and RUBY S. DARLINGTON, his wife. My commission expires _ q I Fl? - 9 - NNtary Pu461ic ANDERSON. LARRICI{ & LAI RICK ATTORNRY6 Ai LAW W1NCHU073M. VIRGINIA or cables along existing roadways or rights of way or to grant similar easements or rights of way therefore, with the right of ingress and egress for the purpose of erection or maintenance on, over or under a strip of land Ten (10) feet wide at any point along the rear property line of any lot or tract in the SUBDIVISION, including the right to grant such easements to others. The ASSOCIATION, its successors or assigns shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter imposed by the provisions of this document. Failure by the ASSOCIATION, its successors or assigns, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 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. The above covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of Ten (10) years from the date these covenants shall be automatically extended for successive period of Ten (10) years unless an instrument signed by Seventy Percent (70%) of the then owners of the lots is recorded changing these covenants in whole or in part. M \NDERSON. LARRICK & LARI " ATTORNETS AT LAW WINCHI:STBR. VIRGINIA liability for the assessments provided for herein by non-use of the common or open space area or abandonment of his lot. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or deed of trust now or hereafter encumbering any lot. The 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 deed of trust, pursuant to a foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. The ASSOCIATION shall have the right to suspend the voting rights and the right of the use of the open or common area by a member or his relatives 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. Lot ownership.shall be the sole qualification for membership in the ASSOCIATION. The ASSOCIATION shall have the right to dedicate or transfer all or part of the common or.open area to any public agency, authority, or utility for public purposes. Grantors reserves unto itself, its heirs and assigns the right to create future easements in the common or open areas and the right to erect and maintain electric and telephone poles or facilities and sewer, gas, water, drainage or television lines 7 ANDERSON. LARRICI{ & LARRICIS ATToRN1CVN AT LAW WINCIILESTKR. VIBOINIA request of 50% of the members of the ASSOCIATION or within 1 (one) year of the date of recordation of the deed of dedication, whichever shall first occur, and upon 30 days notice. Presence at the meeting of members or of proxies entitled to cast Sixty Percent (60%) 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 herein and the required quorum at any such subsequent meeting shall be Sixty Percent (60%) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. The ASSOCIATION will, upon request at any time, furnish a written certificate signed by an officer of the ASSOCIATION, setting forth whether or not the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of the certificate. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of Ten Percent (10%) per annum, and the ASSOCIATION may bring an action at law for judgment against any owner personally obligated to pay the same and recover interests, costs and reasonable attorney's fees on any such action which shall be added to the amount of the assessment. No owner may waive or otherwise avoid .J ANDERSON. LARRICK R LARRIC, ATTORNEYS AT LAW W1NCU1:STER. VIROINIA herein shall be a uniform rate for each lot. The initial assessment is $10.00 per lot per calendar year beginning January 1, 1987, due and payable March 31 for each year for the year in which the assessment is made and shall continue in that amount until changed by the Board of Directors as set forth herein. It is due from the record owner(s) of each lot as of December 31 of the year preceding the assessment and shall be the personal obligation of the lot owner(s). From and after January l of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members, for the next succeeding year, provided that any such change shall have the assent of Sixty Percent (60%) of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose by the Board of Directors. Written notice of the meeting shall be mailed to the lot owners at their.addresses on record with the ASSOCIATION not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, which notice shall set forth the purpose of the meeting. After consideration of current maintenance costs and any special needs of the ASSOCIATION, the Board of Directors shall fix the annual assessments in an amount not in excess of the maximum annual assessment as fixed by the members. The initial annual meeting shall be called upon 5 ANDERSON. LARRICK & LARRICK ATTORNEYS AT IAW WINCRE3THH. VIRGINIA among themselves determine, but in no event shall more than one vote be case with respect to any lot. In the event of a dispute as to the ownership of any lot, the Frederick County real estate tax roll shall control. The affairs of the ASSOCIATION shall be managed by a board of three directors who are elected by the members of the ASSOCIATION. So long as the Grantor owns any lot or land shown on the master development plan for the SUBDIVISION, he shall be eligible to serve as a director of the ASSOCIATION. The initial board of directors of the ASSOCIATION shall be the Grantor and his nominees, who shall serve until they resign or until their successors are elected at an annual meeting of the ASSOCIATION. Grantors covenant for each lot they then own in any section of the SUBDIVISION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION'S Board of Directors for that year only. By the acceptance of the deed or other form of conveyance (will, intestacy, or otherwise) each lot owner in any section of the SUBDIVISION shall become a member of the ASSOCIATION, or its successors or assigns, and shall be deemed to covenant with the ASSOCIATION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION when it is due. Membership in the ASSOCIATION shall be appurtenant to and may not be separated from the ownership of any lot subject to assessment. The initial and subsequent assessments provided for 4 ANDERSON. LARRICK & LARRICIi ATTORNEYS AT LAW WINCHESTER. VIRGINIA THE ASSOCIATION Said real estate has been subdivided into lots as shown on the plats which show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and these plats or former plats also show that certain common or open space area which is to become the property of BATTLEVIEW HOME OWNERS ASSOCIATION, hereinafter called ASSOCIATION. Every person or entity who is now or who becomes the record owner of a fee simple interest, undivided or not, in any subdivided lot, of these dedicated sections of real property known as BATTLEVIEW SUBDIVISION, hereinafter call SUBDIVISION, shall, by acceptance of the deed or otherwise, become a member of the ASSOCIATION. Excluded from membership and assessment are entities who hold an interest merely as security for an obligation and/or the Commonwealth of Virginia, acting through any of its agencies or authorities; the United States of America, acting through the Farmers Home Administration or any other agency, administration or authority. Each member of the ASSOCIATION shall be entitled to one vote for each lot in which they hold the interest required for membership in the ASSOCIATION. 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 3 ,NDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties do hereby subdivide the said parcel of land into BATTLEVIEW SUBDIVISION, SECTION I, II and III, containing eighty (80) lots according to the subdivision plats dated September 15, 16 and 17, 1986, made by Gilbert W. Clifford & Associates, Inc., which are attached hereto and made a part hereof, and which plats are drawn in conformity with the Master Development Plan for BATTLEVIEW SUBDIVISION on file in the Frederick County Department of Planning and Development, the same to be known hereforth as BATTLEVIEW SUBDIVISION, SECTION I, II AND III and do hereby grant and dedicate for public street purposes that land shown on said plats as public streets designated MUSE DRIVE, McNEIL PLACE, JOHNSTON DRIVE and FORREST DRIVE, declaring that said subdivision and dedication is made with their free consent and in accordance with the applicable state and county statutes and ordinances. These plats of subdivision and dedication have been duly approved by the proper authorities of the County of Frederick, Virginia, as is evidenced by the signatures affixed hereunto. N f ANDERSON. LARRICK & LARRICK ATTORNRYS AT LAW WINCHUSTER. VIHOINIA DEED OF SUBDIVISION AND DEDICATION THIS DEED OF SUBDIVISION AND DEDICATION, made and dated this 11Wu day of knyg,1A , 1987, by and between J.P. DARLINGTON and RUBY S. DARLINGTON, his wife, their successors or assigns, party of the first part, hereinafter called the Grantors, and County of Frederick, Virginia, party of the second part. WITNESSETH: WHEREAS, the Grantors are the fee simple owners of the real estate shown on the attached subdivision plats drawn by Gilbert W. Clifford & Associates, Inc., dated September 15, 16 and 17, 1986, known as BATTLEVIEW SUBDIVISION, FINAL PLATS, SECTIONS I, II AND III which real estate development is known as BATTLEVIEW SUBDIVISION, as described on the Master Development Plan for BATTLEVIEW SUBDIVISION on file in the Frederick County Department of Planning and Development. The real estate subdivided herein is a portion of the real estate conveyed to the Grantors by deed dated December 15, 1975, from C. Melvin Dunlap, et al, which deed is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 452, Page 612. NOW, THEREFORE, this deed of subdivision and dedication. 1 . bl 89 4 R FINAL PLAT C . R is h .. ��� •JF IW SECTION ONE S C` • 'V STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA SFR � ° • n r• r °o • •`. t y r x `f LOCATION MAP ''► j ••, . %: re z �/ SCALE (° = 2 OOOR APPROV Frederick County Sanitation A thorit Date Planning Commission _ Date,/--*' '- Subdivision Administral le-7. Va. Dept. of Highways R - Date/9 OWNERS CERTIFICATE The above and foregoing subdivision of the land of J.P. Darlington, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. i All, streets as -shown herein are hereby dedicated to.the public use. All property owners in the Battleview Subdivision are required to ibelong to the 'Battleview Home Owners Association. The Association is the owner of all areas shown as open space on the attached plat and is responsible •for the maintenance of those areas. All property owners must pay an annual assesIment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions' and Covenants attached hereto. A copy of the Final Master Development Plan for Battleview Subdivision is on file at the Frederick County Department of Planning and Development. SURVEYOR'S. CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.P. Darlington, by deed dated ; December 15,19.75, saicl deed recorded in the Office of the, Clerk of the Circuit Court of Frederick County, Virginia in Died B8ok 40 'at R P. Duane Brown, C.L.S. P. DUANE fir'. DATES SEPTEMBER 15, 1986 COVER SHEET BROWN f NO. 1285 SHEET 0 Sill>Mtrt w ine- I OF ��� LAND v� .ac ° " tatrt�u wtRron..wr, �>�� t� 6 V CURVE TABLE _ .. NO. 0 . RADIUS ARC .1 TAN. CHORD CH. BEARING 1 ~ y0°00'00", 150.00' 235.62' 150,00' 212.13' NO 1048'56"W 30.00'43.12' 30.00' 42.43" 501048'S.6"E 13. 14709100" 20.00 50.67' 63.72' 38.16, N60036'33"E • 4. 70°18'56", 50.00' 61.36, 35:22' 57.58' N23`1 1'31 "E 5. 35 2'49" 50.00' 31.02' 16.03' 30.53' N76°07'24"E 6 , ' 3T i'p"#5" A50.00' 34.25' 17 85' 33.62' 566027'•34'"E 7.. .. 38°0,9-06" �0.00 33.29' 17.29' 32.68' _ S27°44`2a"E S. 6 40'5. 50.00' 32.0 ; 16.58'_ ._ 31_.47' 509 40'39"W ._...._.. 9. 70`18'56" 50.00` 61.36' 35.22' 57.58.' 563010'36"W 1.0.• i 45009'00" 20.00' SO.E.7' 63.72' 38.16' 325045'34"W 11, 1-2'°5112"6- ' ` 170.60' 38.1 S' 19.1 S' 38.07' 540023' 14" E 1'2. 12°51'26" 170.00' 38. 1 S' 19.15" 38.07' 627031'48"E , L�. 1205 1'26" �• 1 70:00' 38.1 S' 19.15, 38.07' 514040'22"C 14. i -,°5 i"�6""" ' 1 70.00' 38.15' - 19.15' 38.07' 501°48'561 15. 12°S1'56" 170.00' 38.15' 19.IS' 38.07' SI1002'29"W 16. 1'2051'26" 170.00' 38.1S' 19.15' 38.07' S23°53'5.5"W 1-7. 12051'26" 170.00' `38.15' 19..15' 38.07' S36°45'21'W ;. 18. 65`t7'e?".... i 30.00' 148.52' 83.55' i 40.57' N 1.0027-22"E " 19. 21°00'56" . 1.30.00' 47.68' 24.1 1' 47.42' 02046'47''W � 20. @3031' 4-1 ': ' 130.00' 8.01 ' 4.00, 8.00' N45003' 06"W 21. 90`00100" 30,00, 47.12' 30.00' 42.43' 588111110411W AREA SUMMARY .A.ree in Lots 3.8214 Acres. Area in R/W 0,8592 Acres Area in Open Space 2.3546 Acres Total Area Subdivided 7.0352 Acres Number of Lots 26 Average Lot Size 6,402 5q.Ft. 106TN SECTION ONE P. DUANE C DATE: SEPTEMBER 15,1986 CURVE TABLE NO. 1285 SHEET giuml W. inc. At 2 [AND 6J�� wow�s�ruuwees OF 150-C We O IOA �l (M Nh2115 WMgM.Nr• VNrinli 1M01 C W 1t 6 ow ,* (See Sheet 4 of 6) I I / h • iti I 4I Z a. .— A _O 01 Cr N_ p C. z • _ _ {i V . V i.:CS • ! --- "A N 43011'04 RE 120.00" -� g. 0 o 5,6610 a N 430I 1_04° E 106.4d I p i0M. T \ 1 N . 120._00_� N. . rr S 43PI 1 '04° W ;_ •• ;,%V •:� 20� DRAINAGE '�= L EASEMENT .` �� �� p i i -- OPr.� ACE ' A _.o ::•.:: ti � r o R. Acres ' ',?�rrri-r,,• 20' 'DRAINAGE ••~ ::ti' � � � •-• � �i..._�::::��•_�: �•_�' 2 •, • `r EASEMENT ''+ /99.44_ 50.00' J ' • DENOTES IRON ROD TO BE SET ,, S 431// 04 W.�389.44' ON LOTLINES o THE BUILDING EX. BAKER LANE (60 R/W) .SETBACK LINE. (i.e. 20' from NOTE, : No Structures or Shrubbe6 road Rig" -Way) _w permitted within 10'feet of M frodSeWsck a 20' All Lots are Duplex: Wgle Family Sarni-Detactwd. any right-of-way: (Mess otherwise specineQ All lots are subject to a 10' Wopo & Dr'sinaga Mm Roar SeWack a 27 ' Easement along all Rights -of -Way and a 17 Ulllity t m. Side SeWwk a W Easement along all non -Wall ProppAY.Lines. SECTION ONE 16 i ! `DUANE QL . DATE: SEPTEMBER 15, 1986 SCALE: 1 50' N0.12$5 SHEETSilbert V .te e. ine. 3EET OF . CArjD yJ�`. i!e•C Ow. , .. oaw �aaru"N"i"a eo sown Oreomn moos 6 seat sS-:iie Wh--.--L� v nwi(M)W74M301 N/F FORT COLLIER FARM, INC. N 4304843"E,--'408.97' 339.06' i ,20UTILITY EASEMENT 1 \ r (See 1Sheel 5 of 6) 13 -- Z OPEN SPACE t: 2.0606 Acres12 Ma V / 6,722 0 »-1 - - / H 68ds' -1 1 It 6,475 0 /� , -- N 56°02'2 J 12 .469 e / 30 A oAo joy10 \ - 6,3550 cit p N 430I 1104_' E OOt N 120. 9 '96, �g II 5 520 ,�//,, I g N� d -- N 43°I ISO ° E N _ 120.00, v 6 \1 8 (See Sheet 3 of 6) I I z • DENOTES IRON ROD TO BE SET OM LOT LINES O:.THE B1)ILDIN6 SETBACK IN. (i.e. 2T from N6T,E: NoStructures or Shrubbery, road Right-of-way) permitted within 10 feet of ti m FrodSetback a 20' All Lots are Duplex: Single Family Semi-Dotaciwd. Kny right-ot=way. -1 (Klass otherwise specified) All Lots are subject to a 10' Slope & Drainage _ Na. Rear SaUmk a 25 Easement along pll Rights -of -lay and a 10' Utility y Moll. SW Setback a 10' Easement along all non -wall Property lines. �T� O1a� ; • _ 1� SECTION ONE V. . DUNE DATE: SEPTEM BER 15, 1986 SCALE: I"= 50` BROWN NO. -IM SHEET.. . art Inc. 4 OF 41N0 oaw oe.. so soma Canwm 8"W ssNt sN 2/ti a m ow-m • �J G;. r: d t i ti 1r • . IU w. .. .� ... .._...., ..� ..CAI ��a3 �w .,♦ -N/F FORT COLLIER FARM, INC. N 4304843"EN 408.97' 339.0669.9/ OPEN SPACE "A'o% .lop \ 2.0606 Acres ,` &ON 16 / � , .... ..... �;. oA6�0 ,. / 15 14 / � 6,997 20 UTILITY .Op'\p \ \/ 17 EASEMENT 13 ' 16 - / 7,107 O 20.00,—* 1.5 12 w 14 \ a. (Sae Sheet 4 of 6) \ o > 13 . aO � $ h .�. 1 1 J* 17 QQ` 8,461 W S 43011'04" W / 118.25' a '� 19 18 5,773 29.75' 20 i ao 19 ,979 0 , NOTR'h:Nr.p Siucturea or.Shrubdery R; I 130.00' Wopitted arithia.10 feet of ` z 20 any right-of-way. $ I $ :;.,..... _ 5,980.0 ___I S 430I 1'04" W • DENOTES OM ROD TO BE SET _ — 130.00 ON LOTLM O THE QUILd1Ndi 1 r 2I � 1 SETU= I.W. (i.e. 20' from ...(See. Sheet 6 of 6) road Rio -or -way) tT& Frat Sep ck a 20' All lots are Duplex: Singlo Fooly Semi Detached. - WilM otAW61 a iPcW4 All Lots are subject to a IV Slops & Dr4mge- r1hL Raw Setback • 25! Easement along all Rights-gr-'Way arW a 1.0' Utility Min. Sldo Setback s 10' Easement along all non-waU Property Lines. SECTION ONE .� P. DUAKEC DATE; SEPTEMBER 15, 1986 SCALE: I"= 50' BIZOWN o� SHEET 1� a9bo"i 5 OF 6 . owl o si"i�, r*e,►,,,,,,,,, wwO,.a:.. norr: " () s' .aa. ■ 1 is (See Sheet 5 of 6) I _ 20 i S 43;11`04" W 130.00 Ito (,. . 5,980 0 ,5,980 �— r---23---I 5,980 0 z 24 a z L — 5,980 �� — 0..... W _ 25 I 5,9800 a $ I 26 $ ig L�-598� — J 9 -- N 130.00' ,r.• 0' OPEN SPACE "B" 26 DRAINAGE o 0.2940 Acres $ � EASEMENT I 1 50.00, a 1 /00.00 :- 1 _ 5,43'// 04" W-389.44' _ EX. BAKER LANE (6d R/W) 0 DENOTES IRON ROD TO BE SET ' ON LOT LWES O THE BUILDING NOTE: NorStructurea, r Shrutrit,ery, SETBACKtINE. (i.e. 20' from t permit ed vithl,n 10 feef of rig road Right -or -way) at � t-of-tray.. Min. Front Setback - 20' All Lots we Duplex: Single Family Semi -Detached. Wass otherwise spocitied) All Lois wo object to a 10' Slope E. Drainage Mn. Raw Setback - 2V Ease611t &long all Rights -of --Way and a 10' Utility t Min. Side Setback - 10' Easement along all non -wall Propert Lines. T# ZIPA i e � � �_ SECTION ONE O P. _ DUANE DATE : SEPTEMBER 15, ,1986 SCALE: I lie =.50' ,n Mwa SHEET ti filbert w � aces. lac: • , 6. NO s KAl" s OF .._ $V WC ow amm"Obb r 4 , ao sows a� 6 FINAL PLAT r << SECTION ONE �% , . STONEWALL.. DISTRICT FREDERICK COUNTY VIRGINIA Poo o%Jo �f\�,� � f • � •• .�"� �� ,\PO � � �.���r� /�• r �•� fir•` l LOCATION MAP. J ''► j4 . %:' �� R ,.d SCALE: �'�-,2 000' APPROV B Frederick County Sanitation Authority at 'o'� '? Planning Commission U�GT — Date Subdivision Administrat VK If W LJIAA nate Va. Dept. of Highways Date !2-.1g'g( OWNERS CERTIFICATE The above and foregoing subdivision of the land of J.P. Darlington, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All streets as shown herein are hereby dedicated to the public use. All property owners in the Battleview Subdivision are required to rbelong to the Battleview Home Owners Association. The Association is the owner of all areas shown as open space on the attached plat and is responsible 'for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions! and Covenants ,attached hereto. A copy of the Final Master Development Plan for Battleview Subdivision is on file at the Frederick County Department of Planning and Development. SURVEYORS CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.P. Darlington, by deed dated ; Deeimber 15,19.75, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Bdok 451 %t P. Duane Brown, C.L.S. DUANE f�G'r. DATE: SEPTEMBER 15, 1986 COVER SHEET N0. 1235 SHEET a OF GND 5 °�' ire•e o�. — � 6 tsAr+ � rrr-au wY,o1,.Nn• i ! I CURVE TABLE NO. 0 . RADIUS ARC TAN. CHORD CH. BEARING 1 V 90°00'U0", 150.00, 235.62' 150,001.' 212.13 NO 1°48-56"W L. `gc 00,09" <c, 30,00, 43.12' 30.00' 42.43. - S01°48'SE, E �. 145009100'' 20.00' 50.67' 63.72 38.16' N60°36'33"E 4. 70018'56" 50.00' 61.36' 35.22' 57.58' N23`I 1'31 "E 5. 3' 32'49" 50.00' 31.02' 16.03' 30.53' N76207'24"E Et.: 39°i'Tll S". '^50.00' 34.28' 17 85' 33.62' SW2T•34" E .7. 38°09'06" 50.00' 33.29' 17.29' 32.66.._ 527044'23"E 8. 36°40'S8`' 50.00, 32.01' 16.58'" 3_1-.47' S09040'39"W _...._.. 9. 70°18'56" 50.00` 61.36' 35.22' 57.5&' 563010'36"W I-0: 145009'00" 20.00' S0.67' 63.72' 38.16' S255045'34"W • 1 1. 1.2`51'2'6" ' 170.00' 38.15' . 19.15' 38.07' 540023' , 4"E 12' 12'6. 051' 170.001 38.15' 19.15" 38:07' 627031 `48"E .....1.3. 1 L 51'26" ••' 170:00' 38.15' 19.15' 38.07' 514040'22"'E 14. 1 t°S 1"26--` ' 170.00' 38.15' - 19.15' 38.07' 501048'56"E I S. 12°51'56" 170.00' 38 15' , _ 19.15'_ 38.07' 51 1002'29"W 16. 12°51'26" 170.00' 38.15' 19.15, 38.07' S23°53'§5"W 17. 12951'26" 17 .10' ,. '38.I5' 19..15' 38.07' S36°45'21"W i. 1$. OS°2 �'3"..... 130.00' 148.52' 83.55' 40.57' N 1.0°2722"E " 19. 21000'56" . 1.30.00' 47.68' i4.1 1' 47.42' . N32046'47W +-� i20. Q °31'41`' ' 130.00' 8.01, 4.00' 8.00' N45003'06"W 21. 90`00'00" 30.00' 47.12' 30.00' 42.43' 5880111041,W AREA SUMMARY .ArveinLots 3.8214 Acres. Area in R/W 0,8592 Acres Area in Open Space 2.3546 Acres Total Area ! Subdivided 7.0352 Acres Number of Lots 26 Average Lot Size 6,402 Sq.Ft. ��i►L'rN ��� �.. ... i !- SECTION ONE O rp P. DU X I G+ DATE: SEPTEMBER 15,1986 CURVE TABLE V �Dic BRA NO. 1285 SHEET Silb�ti �► iac 2 Fp :AND w� - ruwws�s OF ,a c ar. ow.Zwa on -MIS wMa�..w, waww �, `a"'iin� 6 , "J t lu (See Sheet 4 of 6) N 43011 1 04 Re E 9 120.00' fit 8 0 0 It%- \Orb 00. 0 C; 5,661 to 6 % N 4301 1'04'E 106.4e -0 q . 7,6150 7 _ COM- _4 0 0 6,8620 coo 0g z uk. 9 00 0 5 o rn 6,3100 10 0 7 (40'R/W) W z N 43011'C4'E W McNeil PLACE; Z2 ~ W _9D LO I 6-OD 8 3_5 d S 4 3011'04" W,--;-- 97.45' 0 0 . .... OW (D 6 4 3- z 62850 5 I LLJ od -0 0 N6,862 V . rArk Cn U) 7j 215 S 4301104 W 106.45' "A C, oj I _0 5,6610 120.0 N z S 43011'04" W —__20'DRAINAGE _ EASEMENT LL.' 0 _0 0 ACE Acres 2 20"DRAINAGE ' EASEMENT 189.44 50.00 � 0 DENOTES IRON ROD TO BE SET 5'43-1 94" W,-,-,389.44' ON LOTEX. BAKER LANE (60R/W) :LINES 0 THE BUILDING ; .. . -SETBACK LINE. (i.e. 20' from NOTE: No'Structure3 orShrubbery road Righl.-of-way) pgrmitted within 10 feet of Hla. Front Setback a 20 All Lots are Duplex: Single Family Semi -Detached. any right-of-way. Wass otherwise specified) All. Lots are subject to is 10' Slope & Drainage Min. PAw Setback a 2.7 Easement along all Rights-or-Wa,y. and a IV Utility HUL Side Setback a 10' Easement along all non -wall PropIrLy Lines. SECTION ONE P. \ DUANE DATE: SEPTEMBER 15,1986 SCALE: 1 = 50 V7dAlicBROWN NO. 1285 SHEET affibert w.4#f ine- We 3 I — OF LAND 9'""MUMMMANMRS. 6 okb Gnonv** DOw 20 South Coine"in SUM v 22401 (M) MG-2115 Winch"W, VirWnis 2M1 (703) 6117-21301 1 11 4 4 6 N/F FORT COLLIER FARM, INC. N 43°48:03"E.1.1 .97' 339.06' 28 A /0' UTILITY EASEMENT (See Sheol 5 of 6) 428 B 13 .... OPEN SPACE 2.0606- Acres 2 4A 6,7220 0 / 1, 13 2- 9 B 01 6,4750_ IV 12 ? z 10 30A 6,3550 I St N 4301 1'04'E 120.Cd 0r q ID CIO 0 W IA 4!'E N 43cLI fq 120.00' ti a U) -a: D Sheet 3 of8 (See 6 s z DENOTES IRON ROD TO BE SET ON LOT LINES o THE BUILDING SETBACK LINE. (i.e. 20* from N6TE: - No -Structures or Shrubbery road Right -or -way) permitted within 10 fiat of -No. Front Setback a 20' All Lots we Duplex: Single Family Semi -Detached. any right -of' way. (WIm clbarwLse specified) All Lots we subject to a W Slope & Drainage Min. Raw SeWack a 25 Easement along all Rights-d-W4y and a 110' UUIILy M SW9 Setback a Iq Easement along all non-waU Property Lines. SECTION ONE P. DUANE DATE: SEPTEMBER 15,1986 SCALE... I"= 50'--. No. -1W SHEET 4 OF LAW PLANNMS 6 (A 6" 00" QWWvjA* v*A MW04 20 SWAh COMM Weei WWW1dWbM, Vblkft 2WI (M) 08-21iS Winches0r, ::I: "2W1 (MI Sff4n3f Y.. IL I I L /I 20' UTILITY EASEMENT N/F FORT COLLIER FARM, INC. N 4304843"E,-- 40897' OPEN SPACE y 6 � O 2.0606 Acres 16 s 15 $� I\ Ob •ti, . �� �, 7304 14 13 ✓ 17 7' 1071 / 20.00,--la, / 15 12 / z W 14 �\a. (See Sheet 4 of 6) J `� le tc) W 13 \� O 65,461 4/ S 4301 I'04" W — aD 19 18 $ 5,773 �I _ 20 _ 129.75' _ 19 ro o . °D 5,979.0 0 M i 1 M • „ N0,01 NO Structures or -Shrubbery �I� 130.00' perlpitted VIM n.10 feet of ` Z g I 20 any right-of-way. , co 5,980 S 430I 1'04" W' • DENOTES IRON ROD TO BE SET _ 130.00� ON LOT;LINES O THE 5UILDINd 2 SETBACK LINE. (i.e. 20' from (See Sheet 6 of 6) road Right -or --way) Mia. groat Setback a 2W All Lotj are Duplex: Single Faquly Semi-Detache thalessotherwise lipedno All Lots are subject to a 1D' Slope & Drainage H19L Raw Setback 2T Easement, along all Rights -of -Way and a IV Utility KUL Side Setback IV Easement along all non -WAR Property Lines. ONE �� p• DUANE DATE: SEPTEMBER 15, 1986 SCALE.' I 5d Y O SHEET Hilbert vA*�" woo. inc 5 71 OF +. PLAMMs 1•�1N a c ow. a.«wwow oa.. zo c.�..en n.a 6 Wvb em lspl s ww�•n«r., "Or" •°�' ( 1 �n t�s � IIi 5 tr r V 0 (See Sheet 5 of 6) 20 I J I S 43°I1'04" W — 130.00 8 1 2� g o 5,9800 t "I ^ '22 3 Q: L — • 5,980 I� . — —J :s O -- 3 E `° co 23 _ 5,9801 u - Z I 24 w - 5,980 �— J ; j w _ — W '� > a u 25 W 5,9800 I a U- - I'g 8 L5,9801h 26 — I o u� • N 130.00' o$ OPEN SPACE "B" o 26 DRAINAGE 0.2940 Acres EASEMENT S 43-// 04'' W-389.44' EX. BAKER LANE: (6d R/W) DENOTES IRON ROD TO BE SET ON LOT LINES o THE BUILDING NOTE: NolStructuraa-0r Shrugbery SETBACK'LINE. (i.e. 20' from permit �Id,with),n 10 feet of road Right -or -way) anti hiq t-of-�1r6y. Min. Front Setback = 20' All Lots are Duplex: Single Family Semi -Detached. (unless otherwise specified) All Lots are -subject to a 10'Slope Et Drainage Min. Rear Setback = 25' Ease6nt along all Rights -or -Way and a 10' Utility Min. Side Setback = 10' Easement along all non -wall Property Lines. T�p'a� SECTION ONE . ,�. P. DUANE PATE: SEPTEMBER 15, 1986 SCALE: I "= 50' v �� Bk�-�.w,�a N0. Ir SHEET Silbert W.cliff is S, inc. 6 I+ OF • ��� ,`�J E .. EMo1N�ERi — t.AND PLRNNFRS . .. ��O 5 Sac owe ara«wAob Drive'I WIIVEV°Rf 20 South Cameron Street 6 n,dalckabu , V 22401 70M SSS-2115 step VI I 1 7 �'w 'Po. �ro� r�Battleew Subdivision, Section I Dl District '