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HomeMy WebLinkAbout07-01 Briarwood Estates Section 6 Stonewall - Backfilea ep� COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 August 7, 2002 Mr. Dave Holliday P. 0. Box 2715 Winchester, VA 22604 Ref: Briarwood Estates, Sections 1, 2, 3, 4, 5, & 6 Route 656 Frederick County Dear Mr. Holliday: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 It appears all the punch list items for Sections 1 through 6 have been completed for the referenced development. The Virginia Department of Transportation is in acceptance of construction for these sections. As stated in my April 2, 2002 correspondence, I have all the required quitclaims, as-builts and recorded plats for Sections 1 through 4. However, I have not received any of these items for Sections 5 and 6. Now that construction has been accepted, I can start the addition process for Sections 1 through 4. If you wish to include Sections 5 and 6, I will need the required quitclaims, as -built plans and recorded plats for these sections. I will wait to hear from you as to how you wish to proceed with this street addition. Please contact me at (540) 535-1828. Sincerely, 'a. Q Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. DAH/rf xc: Mr. Bob Hawkins Mr. Eric Lawrence Mr. Jamie Judy VirginiaDOT.org WE KEEP VIRGINIA MOVING CHARLES D. NOTTINGHAM COMMISSIONER April 5, 2001 Mr. Zane Metz P. 0. Box 2999 Winchester, VA 22604 Ref: Private Entrance Request Briarwood Subdivision - Lots 104, 106, 124 Frederick County Dear Mr. Metz: Jerry A. Copp Trans. Resident Engineer TEL (540) 984-5600 FAX (540) 984-5607 The Virginia Department of Transportation cannot approve your request for the private entrance permit referenced above. As part of our approval of your request, VDOT believes that the subdivision roadway system must be constructed to the sub -base stone stage. This includes all underground utilities installed, roadway fills and cuts in place to sub -grade elevation, curb & gutter (if so designed) installed, concrete driveway entrances in place and 21-B aggregate sub -base placed to full design depth. These determining factors for issuing private entrance permit applications have been implemented to allow the site contractor adequate time to build the roadway to meet VDOT standards. Continuity of construction plays a key role in assuring the roadway system in this development satisfies all the criteria for inclusion into the State Secondary System should the developer and Frederick County so desire. Your cooperation and patience is appreciated. Should you have any questions, please feel free to call. Sincerely, RECEIVED APR 1 0 2001 Steven A. Melnikoff Transportation Engineer DEPT.OFPLANNING/DEVELOPMENT SAM/rf xc: Mr. Dave Heironimus, Mr. Evan Wyatt, Mr. John Trenary, Mr. Ed Strawsnyder WE KEEP VIRGINIA MOVING DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, Virginia 22824 CHARLES D. NOTTINGHAM COMMISSIONER April 2, 2001 Mr. Arthur Satian C/O S.E. I. 20558 Overton Court Potomac Falls, VA 20165 Ref: Private Entrance Request Briarwood Subdivision - Lots 116, 117, 118 & 119 Frederick County Dear Mr. Satian: Jerry A. Copp Trans. Resident Engineer TEL (540) 984-5600 FAX (540) 984-5607 The Virginia Department of Transportation cannot approve your request for the private entrance permit referenced above. As part of our approval of your request, VDOT believes that the subdivision roadway system must be constructed to the sub -base stone stage. This includes all underground utilities installed, roadway fills and cuts in place to sub -grade elevation, curb & gutter (if so designed) installed, concrete driveway entrances in place and 21-B aggregate sub -base placed to full design depth. These determining factors for issuing private entrance permit applications have been implemented to allow the site contractor adequate time to build the roadway to meet VDOT standards. Continuity of construction plays a key role in assuring the roadway system in this development satisfies all the criteria for inclusion into the State Secondary System should the developer and Frederick County so desire. Your cooperation and patience is appreciated. Should you have any questions, please feel free to call. Sincerely, Steven A. Melnikoff Transportation Engineer RECEIVE APR 0 4 2001 DEPT, OF PLANNING/DEVELOPMENT SAM/rf xc: Mr. Dave Heironimus, Mr. Evan Wyatt, Mr. John Trenary, Mr. Ed Strawsnyder WE KEEP VIRGINIA MOVING COUNTY of 1~ EDERIC" Department of Planning and Development 5 0 665-565.4 FAX- 5;40/665-6395 February 20, 2001 Mr_ Matthew & Mrs. April Roberts 100 Farmington Boulevard Winchester, Virginia 22602 RE: Road Efficiency Buffer Briarwood Estates, Section I, Lot 20 Dear Mr. and Mrs. Roberts I am writing in response to your letter dated February 15, 2001, requesting a reduction in the Road Efficiency Buffer currently located on your lot. This buffer is located between your house at 100 Farmington Boulevard and Greenwood Road. Staff is in agreement with your proposal to plant an additional row of evergreen trees, bringing the total plantings in this road efficiency buffer area to three rows of evergreen trees and one row of deciduous trees. The additional plantings will bring the total landscaping in the buffer to at least 27 evergreen trees (six-foot in height at time of planting) and nine deciduous trees (two-inch caliper at time of planting). Each row of trees should be planted eight -foot on -center. Once these trees are installed, the required buffer will be reduced to a 50-foot Road Efficiency Buffer. No structures should be placed within this 50-foot buffer area, measured from the Greenwood Road right-of-way. Further, I accept your proposed time schedule for the installation of the plantings: All necessary plantings must be installed no later than June 1, 2001 in order to utilize the reduced buffer agreement identified above. Please Ontact me should you have any questions. Sincerely, Eric I_ Lawrence, AICP Deputy Planning Director ERUkac L:}F,n,.ACo nm s�.gmcm%iBna vwd.Reduc,-asutTer 0 %Vd February 15, 2001 Eric Lawrence Frederick County Zoning Administrator 107 N Kent Street Winchester, VA 22601 This is a written understanding of the request to decrease our current 80-foot road efficiency buffer to a 50-foot road efficiency buffer. We understand in order to obtain this request we must install another row of evergreen trees which will consist of 9 trees. The trees must be equal or greater in size to the existing trees. We understand we must install these trees within a timely manner and agree to have the installation completed no later than June 2001. With this agreement in mind we have been permitted to assume this letter to be adequate and utilize the land with the 50-foot buffer in place. I again thank you and Evan Wyatt for your prompt responses. Sincerely, April M. Roberts Matthew D. Roberts 100 Farmington Blvd. Winchester, VA 22602 540/678-0313 �" ► EX. CAP TELE. CO. ESA4'T. A (ALONG R/W) D8 374 P 242 C p SEE SHEET 3 OF 8 ��OB 3O �35 EDISON CO. ESM'T. LOT 4 2 HL --EX. 20' WATER ESM'T. LOT 3 08 784 P 476 LOT 2 b LOT 1 co i' i X ARD Nr 60 � — — 4 1 ► — — $OUP I I TON >� y 5326 ,31 "E FAi 15' WATER EASEMENT15, (� p — — — r- \ \ LOT 18 to GAS CO Ew-r �� l \W \ 16,562 SF J i ,,� F� of LOT 19 I� LOT 20 ���ol 15,006 SFtn a� 18,183 SF Ickv�`rl \� ,�i� IN ���� All 9 W Z - ! I1z I 0 LQ lV 52'D4.05- w•391' _ 85'82 LOT 16 21016' 36 25� BETTIE E. WINSLOW I LOT 15 00 I ZONED: RP q USE. RESIDENTIAL N) N J D8 416 P 645 � SEE SHEET 7 OF 8 2 1.No structures are permitted within the Road Efficiency Buffer. 2.AII lots are subject to a 20' Slope & Drainage Easement MINIMUM SETBACK REQUIREMENTS along all rights —of —way and a 10' Utility & Drainage FRONT = 35' Easement along all property lines. SIDE = 10' 3. Lot 20 shall access Farminqton Boulevard. REAR = 25' I OF � r P. DUANE O BROWN NO. 1285 "4y 6,1998 1fv,40 � SURVOS� Final Plat Briarwood Estates Stonewall Magisterial District Frederick County, Virginia DATE: MAY 5. 1998 1 SCALE: 1" = 60' 1 FILE#: "707OREPT.DWG" ENGINEERS PLANNERS .. ✓ . ✓:. 0 30 •/120 �lM�.le>o7 A- �DvU+cn � ar 4iw t J � JT'TG G C- al e G G 8-0� Ita Val : r/ \ mrll� i l �x y�'• h � SUBDIVISION 107-0RIARWOOD ESTATES Stonewalli SECTION 6 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 21, 2001 Mr. Dave Holliday Holliday Construction P.O. Box 2715 Winchester, Virginia 22604 RE: BRIARWOOD ESTATES, SECTION 6 Dear Dave: This letter is to confirm that your application for Briarwood, Section 6 was administratively approved on February 21, 2001. Please forward a copy of the recorded plats to this office once they have been recorded. By acceptance of these approved plats, as evidenced by your signature below, you understand that lots 110-11 and 125-127 cannot be conveyed by SHIHO, INC., until such time that Frederick County, Virginia is satisfied that the intent of the proffer statement has been accomplished. If you have any questions regarding the approval of this subdivision, please feel free to call this office. lei 9 Deputy Planning Director ERL/ch cc: Real Estate Albert Orndorff, Frederick County Schools Ed Strawsnyder, Director of Public Works Jerry Copp, Virginia Department of Transportation O:WgendasWPPR DEN.LTR\SUBDIVISIONS\Brisrwood.Section6.SUB.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 FINAL PLAT Briarwood Estates o%o Section 6 Stonewall Magisterial District Frederick County, Virginia • a _ , ^ �� —J ��. a �' rem 4�k 66/ �. �y' q ♦ fC�. F/ _ o'er .: *•1.., ^ t._.. Vicinity Map Soda 1--2000• '.a ' l �600=- I APPROVED BY r- Virginia Department of Transportation G , Dote J2 '!f,'�'�-� Frederick County Sanitation Authority ` ' Dotev 0411;*- 3 -' Frederick Co. Subdivision Administrate Dote %-1 2J e OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the accompanying plats, is with the free consent and in accordance with the sires of the undersigned owners, proprietors, and tru if any. C- d ate NOTA16Y PUBLIC 1Z� L —L—&Lj a Notary Public in and for the State of Virginia, at large, do certify that __11�1A42L— t�L ��P� whose names are signed to the foregoing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this__��day of ------ 2001. My commission expires SURVEYOR'S CERTIFICATE l hereby certify that the property contained in this subdivision is o portion of the property that was conveyed to SHIHO, INC. by deed dated July 14, 2000 and the some property that was conveyed to SHIHO.. INC. by deed dated ________ __, 2000. said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 970 at Page 1401 and Deed Book —__ at Page — respectively. �'TH n� op D P. Duane Brown, L.S. The property represented herein is a portion of the property shown P. DUANE ,� on Frederick County Tax Map 55((A)) as Parcels 184A and 184C. VyO,� BROWN DATE: DECEMBER 7, 2000 COVER SHEET FiLE#: C:\BR1ARWOOD\PLATSEC6.DWC NO. 1285 gilbert w. difford & associates, Inc. Oec.7, zoov SHEET ENGINEERS— NEERS LAND PLANNERS — SURVEYORS} INS SURvE�� 150-C Me AMnwtah Drlw 200 warn► Cameron Street OF Fndule I - V, Vtrodo 224M wr dmwt r, w9blo 22901 i G (5 0) 808-2115 (540) 067-2139 Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 500.00' 178.27' 90.09' 177.33' S76'47'01 "E 20'2543" 2 500.00' 61.30' 30.69 61.26' N8929'23 "E 07'01 '28" 3 300.00' 208.65' 108.74' 204.47' S22'5536"W 39 50' 6" 4 1 300.00' 271.75' 146.00' 262.55' S225654"E 5154'02" 5 52700' 75.02' 37.57' 74.96' S70'4550"E 0809'22" 6 527.00' 55.92 27.99' 55 90 S775256"E 0604*48" 7 35.00' 49.39' 29.82' 45.39' S40'29'41 "E 80'51'18" 8 325.00' 69.36' 34.81' 69.23' S06'10'53"E 12'13'42" 9 325.00' 72.22' 36.26' 72.07 S18'39'42"E 12'4357 10 325.00' 72.22 36.26' 72.07' S312339"E 12'4357" 11 325.00' 63.18' 31.69' 63.08' S43'19'46"E 11'08'17" 12 25.00' 22.39' 12.01' 21.65' S23'14'23"E 51*19'04" 13 55.00' 65.94' 37.58' 62.06' S31'5533"E 68'41'25" 14 55.00' 42.78' 22.54' 41.71' S8833'10"E 1 44'33'49" 15 55.00' 42.78' 22.54' 41.71' N46 53'01 "E 443349" 16 55.00' 61.11' 34.14' 58.02' N0713'45" W 63 3943" 17 55.00' 42.78' 22.54' 41.71' N6120'31 "W 44 3349" 18 55.00' 15.93' 8.02' 15.87' S88'04'48 W 163533" 19 25.00' 22.39' 12.01' 21.65 N74'3327"W 5119'04" 20 275.00' 72.22' 36.32' 72.01' N4122'30"W 15 02'49" 21 275.00' 154.93' 79.58' 152.89' N17'4242"W 3216'48" 22 35.00' 53.98' 34.02' 48.79' N42'3642"E 8822'00" 23 35.00' 61.09' 41.72' 53.63' N4401'08"W 100'00'26" 24 275.00' 157.20' 80.81' 155.07' N2221'40"E 3245'11 " 25 275.00' 19.74' 9.88' 19.74' N40'47'40"E 04'06'48" 26 1 25.00' 22.39' 12.01' 21.65' N68'30'36 "E 51 '19'04" 27 55.00' 37.827 19.69' 37.08' N74'28'06"E 39 24'04" 28 55.00' 42.78' 22.54' 41.71' N3229'09"E 44 3349" 29 55.00' 42.78' 22.54' 41.71' N1204'40"W 443349" 30 55.00' 42.78' 22.54' 41.71' N563829"W 443349" 31 1 55.00' 55.89' 30.63' 53.52' S7157'50"W 5813'33" 32 55.00' 49.26' 26.42' 47.63' S17*11'32"W 51'19'04" 33 25.00' 22.39' 12.01' 21.65' S17*11'32"W 51 *19'04" 34 325.00' 74.49' 3741' 74.33' S36*17'05"W 1307'58" 35 325.00' 85.79 43.15' 85 54' S2209'22"W 150728" 36 325.00' 54.50' 27.31' 54.43' S09 4725"W 093626" 37 35.00' 58.56' 38. 78' 51.96' S52 55'01 "W 955138" 38 473.00' 104.96' 52.70' 104.74' N72'4746"W 12'42'50" �Tx op `r P. DUANE 0�� gt BROWN a NO. 1285 .DeC. 7, 20� 00 <q,'v o SURVEK09- FINAL PLAT Briarwood Estates ,*w Section 6 Stonewall Magisterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 CURVE TABLE FlLE#: C: \SRIARWOOD\PLATSEC6.DWG gWert w. dtfford & anodate% Inc. _ENGINEERS - LAND PLANNERS - SURVEYORS � - y�ts 22401 Sb (340) e0e-2115 (5/0) ee7-2130 SHEET OF 10 Area Summary Area in Lots 9.0453 Acres Area in Open Space 5.6361 Acres Area in R/W 2.0589 Acres TOTAL AREA SUBDIVIDED 16.7403 Acres Number of Lots 29 Average Lot Size 13,587 Sq. Ft. Smallest Lot Size 12, 000 Sq. Ft. EXISTING ZONING. RP EXISTING USE.- VACANT All lots are single family detached — urban. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 99-103 and 112-113 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. Additionally, Lot 102 shall require testing of placed fill materials according to chapter 17 BOCA. Testing reports shall be submitted to the Department of Inspections at the time of Building Permit application. MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR = 25' SIDE = 10' FINAL PLAT NTH °p �r Briarwood Estates #1w Section 6 Stonewall Magisterial District Frederick County, Virginia P. DUANE O BROWN DATE: DECEMBER 7, 2000 GENERAL NOTES FILE#: C: \BRI ARWOOD \PLATSEC6. DWG Q>?49 � a Nbert w. dlfford do comclates, Inc. NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS DCC. 7 �00o 150-C owe Ce"""iol' Drhe 200 ftd Cww= Strut SHEET i Ftr WMMbW% MrOW 224M Whidmb(r *11nio 22001 3 SURVE"OP- (540) 800-2115 OF tA�--- 10 96 y5 32 97 O�P� ho�'�h/ 102 ��� �'�' J \pS• (N4034'46 E) 33 FF] S 98 p���Q 0� '�� LOT 101 1 ���� 6 3� . • 0 h� 13,035 SF 14.77' 34 ss OPEN SPACE, ,p0' 2.5,107 37 'r S511544"E LOT 100 44.19' 12,238 SF / soh j35 a- 20' DRAINAGE t .• OJ BRIARWOOD ESTATES EASEMENT SECTION 2 0� 3 -+-15' WATER EASEMENT ZONED: RP ?ti 5422 �' l �` USE RESIDENTIAL2192?, r '��, 4 / 3 DB 933 P 895 / 13CD OPEN SPACE 1 LOT 99 ' ', LOT 2 08 ��) 109 co / 12,081 SF �� ^ sr' w 36 (L=49.2' w 500�8'49'W / 20' SAN. SEWER EASEMENT —�If ( ) vz, I`,;:-', DRAINAGE EASEMENT NW SA, %yqY oti 38 {',` ' �-. r ,.-. #401, 37 (24.^9) OPEN SAN. SEWER EASEMENT SPACE ho g 2 LILYS WAY N 54 R/W 5 0 N85'58'39"E 401.91' 1Xv/ 6 112 22 125 113 SEE SNEE 7 OF 10 124 FINAL PLAT ,fH °F t, Briarwood Estates o%o section 6 P. DUANE *0,C Stonewall Magisterial District Frederick County, Virginia BROWN DATE: DECEMBER 7, 2000 SCALE: 1"=60' FILE#: C: \BRI ARWOOD \PLATSEC6. DWG g1lbert w. difford & ossoclates, Inc. NO. 1285 ENGINEERS LAND PLANNERS — SURVEYORS Dcc. 7 2coo tsa-c ' �'"V�rghb 22"i0�' a'�" no Narff Camwm 81».t SHEET i Fle"WrbMr% 481 1Nnolwt�r. Vi►ginb 22Q01 4 <gtia � (�) EYO-4113 0 30 60 SURVE��120 (�) 867-2139 OF 10 92 EX 1 0' 25GEASEMENTDO i 572 93 OPEN SPACE OPEN SPACE 2.9704 ACRES (SEE SHEET 9 OF 10) Off, 94 COT 103 ��� � 13, LOT 104 95 452 SF 14,922 SF r` a 151, 20' DRAINAGE EASEMENT 02 ' 20' SM. SEWER `rst�,1 EASEMENT ��j5 OAS Ie ` 31 30 WATER EASEMENT •4j°�� � � l �' (N4034'467E 11') LOT 105 LO LOT 102 ; o t0' 13,975 SF 12,554 SF 32 9 0 f I � ;L L- ��`� . 33 , Q- Nag 4745` yy --j \ �'> (N4034'46"E) hp lid 49' 3 �• ff 101 p�� • �Oe� 26 7 o r huh LOT 106 E SE EN R.,'. .L'105 - "� 15,513 SF ! o _ >> X-15' WATER EASEMF_IYT�",�bt i T� ;34�Ss.. �� LOT 107 S�9 IZ416 SF ` _- f:> S tJ _-_ _ -- - 20' DRAINAGE EASEMENT 5115'44"W _ �7' 100 r ' 3 44.19' 152.84' 4 J r f _ S85.58'39"W 35 �108 f -r SEE SHEET 4 OF 10 109 110 SEE SHEET 6 OF 10 111 FINAL PLAT NTH °F Gr Briarwood Estates ,*w section 6 P. DUANE Stonewall Magisterial District Frederick County, Virginia O BROWDATE: DECEMBER 7, 2000 SCALE: 1"=60' FlLE#: C:\BRIARWOOD\PLATSEC6.DWG a gllbert w. difford & associates, Inc. NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS Dec. 7 �oo0 150-C Old' Q""dd- Drtm 200 N" Cm— Skmet SHEET ur0. "la 22401 vk*io 22801 OF (MO) s16-2115 0 J0 60 120 5 5 10 0 v w W 0 108 107 SEE SHEET 5 OF 10 N85-58'39"E 80.20' 80.21' 3� zW i K,+- LOT 110 - LOT lOg, �o 12,032 SF ,a.i ^� 12,030 SF p o z I" �. SAN. S EASEMENT,, 80.20• r `{ f ,, 80.21 'fff• rr r�l•i 106 DRAINAGE EASEMENT f- _ _-__ ._--1 i i i3 - LOT 1110 o 12,030 SF o U) OPEN SPACE 2.9704 ACRES #407 _ (SEE SHEET 9 OF 10) IL__ _.__ — (24.9') R%W (14.5) LILYS WAY " 54 j EX. 100' POWER EASEMENT 401.91' N85'58'39"E i OB 256 PG 572 0.00' -. ATER EASEMENT #40247 #406 ASS + LOT 127 co 56 JJ LOT 125 p��j LOT 126 12,000 SF b`o lo�� 12,804 SF o ^ 124�2i 12,000 SF a in 1 z -� -- OPEN SPACE 2.4363 ACRES _ 80.00' 80.00 (SEE SHEET 10 OF 10) � _.t,'fH OF D f4Z P. Duar!E��, OBROW NO. 1285 4ec,7,2aao < Alo SURVE_'O� gA.S'58'39"W 122 SEE SHEET 8 OF 10 FINAL PLAT Briarwood Estates ,*&, Section 6 Stonewall Magisterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 SCALE: 1 "=60' FILE#: C. \BRIARWOOD\PLATSEC6.DWG gllbert w. dlfford dt a9welatee, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C OWe Qwwid- Orkm 200 N=d Omwon Went SHEET FtrdKtob+rp. "M 22401 W Ahemtw. Vl 010 22501 6 (s4o) aib-211S 0 J0 60 120 tom; 047-2139 OF 10 JAMES E. do ARDEYTH 0. BUTCHER I ZONED: RA USE. AGRICULTURAL , =_ 112.50 DB 810 P 1279 1432't157 E N41 06'05"E 101.55' :15' WATER EASEMENT-1 '0`c.,�+ ``� r' `co OPEN SPACE ,°��oo LOT 112 0.2294 ACRES =�� �o,"�' !` 14,530 SF (15 10' PRIVATE SAN. SEWER EASEMENT= S15 8 6j LOT 113 12,449 SF 'RIARWOOD ESTATES SECTION 2 ZONED. RP USE: OPEN SPACE ) DB 933 P 895 99 0 -6644b� SO 1* N LOT 114 �P6\ /°; ' ' 8 00 Lr ...17, 632 SF ., ,� ,. ti �o � �20' SAN. SEWER EASEMENT f , r J� 22 �S• K9. � �...... r ��,•rr' GO sue. I ��¢ (No136'21-W) irk 00 ,O co Ire %DRAINAGE EASEMENT 00 V. z LOT 115:r; 21 LOT 124 15,975 SF �'° rr. 4 14,012 SFI, a' j4-(N1723'50`W) , c0N8 10 o ^SSj �` 15g 12' '' S'S6o85 125 (L=26.2'4.3 ) 6 W z ' (N5T34'21-W) / 2� N �o LOT 116 13, 301 SF 0 S48*53'55"E19.05", 123 S41'06'05"W m 126 15 WATER EASEMENT 150.00' 117 SEE SHEET 8 OF, '10 FINAL PLAT ND Briarwood Estates � Section 6 Stonewall Ma isterial District Frederick County, Virginia DATE: DECEMBER 7, 2000SCALE: 1"=60' FILE#: C:\BRIARWOOD\PLATSEC6.DWG glibert w. difford & associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Old' Q @nWah 0" 200 NOil Omwm Sbvst SHEET Ftodwkkd % "id 22401 whdNe w, irtr0Ul0 "mr 7 (�) M-21/3 0 30 60 120 (�) �-2130 OF 10 SE SHEET 7 OF 10 - , (N17-23'50"W) 125 SEE SHEET 6 OF 10 127 9 ':\ 124 N85 58'39"E 123.62' 114 21 . �5116.38' 4 DRAINAGE EASEMENT 1� (L=26.2) ` LOT 123 115 0' `� 17,560 SF� LOT 122 19,835 SF I !' B 5' WADER EASEMENT 19 18 v' 116 o -00 16 N LOT 121 3 12 Z,,12,085 SF o J LOT 117 f ! 12, 000 SF to f, 20' SAN. SEWER + o 0 O° / O 13 EASEMENT 15 Lj \ �1 �u / LOT 118 140. ,� I 20 WADER EASEMENT �+ 1ZS25 SF .I212 LOT 120 w� A'�I' �, � 13,191 SF O W LOT 119 CO 12, 647 SF , JAMES E. & ARDEYTH 0. BUTCHER _'ti `<<_-- �' " `4 ZONED: RA USE: AGRICULTURAL OB 810 P 1279 �- 81,79' ORRICK CEMETERY CO., INC. f 4221"W ZONED: RA USE: AGRICULTURAL S79� EX 100' POWER EASEMENT---- DB 337 P 1791 08 256 PG 572 FINAL PLAT �DI Briarwood Estatesww Section 6 Stonewall Ma isterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 SCALE: 1- 60' FlLE#: C:\BRIARWOOD\PLATSEC6.DWG ggObwt w. dtfford & assoatates, Ina ENGINEERS - LAND PLANNERS - SURVEYORS (}�1622 " SHEET 8 <,4i610) oi0-2i10 0 .30 60 120 (540) W7-2139 OF 10 90 BRIARWOOD ESTATES - SECTION 5 OPEN SPACE ' ZONED: RP USE: RESIDENTIAL 91 D6966P91 / 16�g6 119 Ar 120 o 121 r� EX. 100' POWER EASEMENT D9 256 PG 572 �� y 1 OPEN SPACE 104 r'�� 29704 ACRES / 122 Fo (N45 01'10"E) a6, 123 105 20' DRAINAGE EASEMENT Ste. �-- (N071647 E 119.8) 124 N85 41 '3!"W rn1 1 22.99' (NW59'55"E) 106 o lu 00 O 107 0 %_;./ N z SAN. SEWER EASEMENT _ o ' N896.OS37 W (N4301'26 E) a s r989, v- 0 I o 110 ; 111 I 1 "' SAN. SEWER LILYS WAY Nf 54' R W N85 58'39"E 401.91' �,Tx of r4.e � r P. DUANE''Z' ^ BRDWN- l.Gan.t NO. 1285 L7cC. 7, 2000 < q�O SURV00 125 0. Li S28 4629°W 21.49' �10 1. 2126 r . EUGENE F. & BARBARA L. GROVE - (14.5) ZONED: RP USE: AGRICUL TURAL 27.07' DB 498 P 470 FINAL PLAT Briarwood Estates,-*-, section 6 Stonewall Ma isterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 SCALE: 1"=100' FILE: C: \SRIARWOOD\PLATSEC6.DWG g1bert w. dlfford & aseodate% Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C old. Gams Id Mfm 200 North Cannon Stnot SHEET Fltid�rt kobup. Vtt" 22401 1Nkmhostw. utr 10 22001 9 (540) a$$-2115 0 50 100 200 (540) 667'2139 OF �— 10 117 ZZONED: AMES E.& ARDEYTN RA USE: A DB 810 ffP L 118 1 119 120 126 123 127 122 u'),Ln / I 1 Z.'raa,2 rLrtca �Da //C°o I � om ORRICK CEMETERY CO., INC. ZONED: RA USE: AGRICULTURAL OB 337 P 179 c, a ui m a SHINO, INC. �w m z a ZONED: RP USE: VACANT C to (REMAIND R - 13.3122 ACRES) Z o w Z f { W 1 lb b 1 VvI [ 1 1 FINAL PLAT TH °F Gf Briarwood Estatesqv Section 6 P, DUANE �,� Stonewall Magisterial District Frederick County, Virginia O nn BROWN �-+ DATE: DECEMBER 7, 2000 SCALE: 1"-100' FILE#: C: \SRI ARWOOD\PLATSEC6. DWG ,I a 9bert w. dlfford & asaodates. Inc. N0, 1285 ENGINEERS — LAND PLANNERS — SURVEYORS OeC.7 2000 150-C a& am ow Orkv 200 Mad 0mvm- S"'t SHEET FAImm-dab�rp, "to 22401 Whidwto Vk* ?001 10 <q�O SURVE��� (5" �-2115 0 50 100 200 (�) W7-21� OF 10 c7 N) cn 0100o 72 THIS DEED OF DEDICATION, made and dated this 2 / day of 2001, by and between SHIHO, INC., a Virginia corporation, party of the first part, and FREDERICK COUNTY, VIRGINIA, party of the second part. WHEREAS, the party of the first part is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated December 7, 2000, known as Briarwood Estates, Section 6, AND BEING a portion of the property that was conveyed to SHIHO, INC. by deed dated July 14, 2000 as recorded in Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 970 at PagUlp 1401 and a portion of the property conveyed to SHIHO, Inc. by deed dated , ! ot-) , of record in said clerk's ffice in Deed Book at Page , or as Instrument No. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OF DEDIC,4 TION WITNESSETH. That in consideration of the premises and the benefits which will accrue by reason of this dedication, the party of the first part does hereby subdivide that certain tract of land designated as Briarwood Estates, Section 6, situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated December 7, 2000, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. HOME OWNER'S ASSOCIATION MATTERS DEFINITIONS Section 1. "Association" shall mean and refer to Briarwood Estates Homeowner's Association, a nonstock Virginia corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to the real property described in the Briarwood Estates Final Development Master Plan and such additions thereto as may hereafter be brought within the jurisdiction of the corporation, and shall not be limited to Section 4 as shown on the attached plats. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plats of Briarwood Estates, with the exception of the open space(s) and buffer area(s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the association. Section S "Owner" shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any lot which is a part 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 Shiho, Inc., and its successors. i � 1� �-, � s Z3,2!.izpl '1,7-1 ENT C) N MEMBERSHIP 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. When more than one person holds such interest in any lot, all such persons shall be members. (The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.) 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. VOTING RIGHTS Each member of the association shall have one vote for each lot owned, but in no event shall more than one vote be cast with respect to any one lot. The vote for such lot shall be exercised as the owners determine among themselves. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three, but no more than nine directors, who must be members of the association. The initial board of directors shall be appointed by the party of the first part herein, and serve until the first annual meeting following conveyance of the first lot in the properties; thereafter, the board of directors shall be elected by the membership as determined in the bylaws of the association. PROPER TYRIGHTS IN COMMON PROPER TIES Section 1. Member's 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 easement 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 open space(s) and in aid thereof to mortgage the property. The rights of such mortgagee in the properties shall be subordinate to the rights of the homeowners hereunder. Approval of at least sixty-seven percent of the membership, excluding the Declarant, is required to mortgage or encumber the open space(s). (b) The rights of the association to suspend the voting rights and the right to use 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 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 not less that sixty-seven percent of the members, excluding the Declarant. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds of the votes has been recorded 2 0 PQ agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than twenty-five days nor more than fifty days in advance. (d) In the event the association is dissolved, the assets shall be dedicated to a public body, or conveyed to a nonprofit organization with similar purposes. (e) If ingress or egress to any residence is through the open space(s), any conveyance or encumbrance of such area shall be subject to the lot owner's easement. 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 purchasers who reside on the property. Section 3. Title to the Open Space The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the open space(s) to the association, free and clear of all encumbrances, prior to the U.S. Department of Housing and Urban Development's insuring the first mortgage or deed of trust in the development. 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 hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the properties and, in particular, for the improvement and maintenance of the properties, payment of real estate taxes, repairs, 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 Maximum of Annual Assessments: Until January 1, 2002, the maximum assessment shall be $100.00 per lot. (a) From and after January 1, 2002, 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 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 of the votes of members who are voting in person or by proxy, at a meeting duly called for this 3 I purpose, written notice of which shall be sent to all members not less than thirty days nor more than sixty days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its articles 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 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 days nor more than sixty days in advance of the meeting, setting forth the purpose of the meeting. Section 6. 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 Authoritv Under Sections 3 and 4: At the first meeting called, as provided in Section 3 and 4, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the prior meeting. Section 7. Date of Commencement of Annual Assessments: Due Date: The annual assessments shall begin as to all lots on the first day of the month following the conveyance of the first lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the board for the issuance of 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 days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 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. 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. 4 PO 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 becoming due from the lien thereof. 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 Frederick 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. GENERAL SUBDIVISION MATTERS RESTRICTIONSAND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. Notwithstanding the foregoing, Shiho, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Shiho, Inc. or its successors in interest. 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. 5 I 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition for longer than three months. 8. No single story dwelling (including but not limited to ramblers, ranches, and above -ground levels of multi -level homes) shall be erected upon said lot shown on the attached plats which shall contain less than 1,400 square feet of finished floor area. No multiple story dwelling shall contain less than 900 square feet of ground floor area.. Such areas shall be exclusive of porches, patios, carports, basements, and attics. Any garage, carport or car shelter constructed on said lots shall be attached to and be a part of the main structure. Shiho, Inc. reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. All residential structures must be at least 26 feet wide across the front elevation, and shall have a minimum roof pitch of 5/12. 9. No lot on the attached plats shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Shiho, Inc., however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats and to alter, amend and change any lot lines or subdivision plan so long as it owns any of said lots. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub ,planting shall be maintained anywhere on any lot in such a manner as to obstruct sight 0 co r) N lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. No fence shall exceed six feet (6') in height. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Briarwood Estates Section 4, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. Notwithstanding the foregoing, Shiho, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Shiho, Inc. or its successors in interest. 12. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements on any lot by Shiho, Inc. or its successors in interest, commencing within two years from the date of submission of said lot to these restrictive covenants. 13. Any lease or rental agreement must be for a period of at least thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 14. All lots are required to observe building restriction lines as indicated on the plats attached hereto (minimum setback from front, 35'; from sides, 10'; from rear, 25'), in addition to those requirements of applicable Frederick County ordinances. 15. Shiho, Inc. reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Shiho, Inc. does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16. Any Briarwood Estates, Section 6, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 17. 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 effect. 7 rV N) rV OTHER MATTERS 1. The property dedicated hereby is subject to certain easements designated "Sanitary Sewer Easement," Water Easement," "C&P Telephone Co. Easement," "Potomac Edison Co. Easement," "Allegheny Power Co. Easement," and Shenandoah Gas Co. Easement" as indicated on said attached plats, which easements are hereby dedicated for public use and access. Shiho, Inc. does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as Sanitary Sewer Easements and Water Easements. 2. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. 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 plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Shiho, Inc. 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. Shiho, Inc. does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said plats. 3. All lots are subject to a 20' Slope and Drainage Easement along all rights - of -way and a 10' Utility and Drainage Easement along all property boundary lines. Shiho, Inc. reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along said 10' Utility Easements on each lot and along those areas intended for public access on the attached plats. In addition, there shall be Service Easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. 4. (A) Individual site plans are required for Lots 99— 103 and 112--113 prior to issuance of building permits. See the attached plat (sheet 3) for additional requirements for Lot 102. (B) Lots 110— 111 and 125— 127 cannot be conveyed by SHIHO, INC., its successors or assigns, until such time Frederick County Virginia is satisfied that the proffer statement made by SHIHO, INC. has been met. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The 8 0 N GJ covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty-seven percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. Bold face type is for convenience only, and shall not enlarge or restrict any matters set forth in this instrument. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Shiho, Inc., sole owner and proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Riho, Inc.: DAY, President STATE OF VIRGINIA CITY OF WINCHESTER,to-wit: Acknowledged before me this o? day of i -j54( 2001, by David B. Holliday, who is President of Shiho, Inc., a Virginia corporatio , on behalf of the corporation. NOT RY PUBLIC FOR THE STA E OF VIRGINIA My commission expires: D/ FINAL PLAT N Briarwood Estates Section 6 -P-- Stonewall Magisterial District Frederick County, Virginia Ch Vicinity Map • �. . ;1 ��'.�� �. Soda 1'-2000 r� APP49VED BY, Virginia Department of Transportation ���^- -� < Date 12 /t>' Frederick County Sanitation Authority Date�'�`a�" Frederick Co. Subdivision Administrat Date 2- Zl 01 l /IOWNE CERTIFICATE The above and foregoing subdivision of land, as appears in he accompanying plats, is with the free consent and in accordance with th sires of the undersigned owners, proprietors, and tru f s, if any. ate NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that __9_���L�-D_ ------ whose names are signed to the foregoing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this Z. __ day of 'F1R!j,_j Z�, 2000. My commission expires _ S �� 3 e-�'Z oo Z- SURVEYOR'S CERTIFICAT I hereby certify that the property contained in this .subdivision is a portion of the property that was conveyed to SHIHO, INC. by deed dated July 14, 2000 and the some property that was conveyed to SHIHO, INC. by deed dated -------- __, 2000.. said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 970 at Page 1401 and Deed Book _ at Page ____ respectively. G P. Duane Brown, L.S. r �,The property represented herein is a portion of the property shown �, on Frederick County Tax Mop 55((A)) as Parcels 184A and 184C•''�' DATE: DECEMBER 7, 2000 COVER SHEET FILE#: C: \BRIARWOOD\PLATSEC6.DWC gDbart w. difford dt associates, Inc.SHEET 0 ENGINEERS - LAND PLANNERS - SURVEYORS 150-C owe Qwnmloh 0"" 200 North Camw" Start OF Fr& rkkd wW VNbk 22401 Wbdnrhr, VbVlnlo 22601 10 (540) 666-2115 (540) 067-2130 a Curve Table Iv CURVE RADIUS LENGTH TANGENT CHORD BEARING UEL TA 1 500.00' 178.27' 90.09' 177,33' S7647'010E 2075'43" 2 500.00' 61.30' 30.69' 61.26' N8929'23"E 07'01'28" 3 300.00' 208.65' 108.74' 204.47' S22'5536W 39 50'56" 4 300.00' 271.75' 146.00' 262.55' S225654"E 5154'02" 5 527.00' 75.02' 37.57' 74.96' S70'45'50"E 08 09'22" 6 527.00' 55.92 27.99' 55.90' S7752'S6"E 0604'48" 7 35.00' 49.39' 29.82' 45.39' S40'29'41 "E 80'51'18" 8 325.00' 6.9,36' 34.81' 69.23' S06'10'53"E 12'1342" 9 325.00' 72.22' 36.26' 72.07 S18 39'42"E 12 4357" 10 325,00' 72.22 36,26' 72,07' S3123'39"E 12'4357" 11 325. 00' 63.18' 31.69' 63. 08' S43'19'46 "E 11 *08'17" 12 25.00' 22.39' 12.01' 21.65' S23'14'23"E 51'19'04" 13 55.00' 65.94' 37.58' 62.06' S315533"E 68 41'25" 14 55.00' 42.78' 22.54' 41.71' S88'33'10"E 44'33'49" 15 55.00' 42.78' 22.54' 41.71' N4653'01 "E 443349" 16 55.00' 61.11' 34.14' 58.02' N0713'45"W 63 39'43" 17 55.00' 42. 78' 22.54' 41.71' N61'20'31 "W 44 3349" 18 55.00' 15.93' 8.02' 15.87' S88 04'48"W 1635'33" 19 25.00' 22.39' 12.01' 21.65' N743327'W 5119'04" 20 275.00' 72.22' 36.32' 72.01' N4122'30"W 15'02'49" 21 275.00' 154.93' 79.58' 152.89' N1742'42"W 32'16'48" 22 35.00' 53.98' 34.02' 48.79' N4236'42"E 88*22'00" 23 35.00' 61,09' 41.72' 53.63' N4401'08"W 100'00'26" 24 275.00' 157.20' 80.81' 155.07' N2221'40"E 32*45'11" 25 275.00' 19.74' 9.88' 19.74' N40'47'40"E 0406'48" 26 25.00' 22.39' 1201' 21.65' N68'30'36"E 51*19'04" 27 55, 00' 37, 82' 19.69' 37. 08' N74 28'06 "E 39 24'04" 28 55.00' 42.78' 22.54' 41,71' N3229'09"E 44'33'49" 29 55.00' 42.78' 22.54' 41.71' N 1204'40"W 4433'49" 30 55.00' 42.78' 22.54' 41.71' N56'3829"W 44'33'49' 31 55.00' 55.89' 30.63' 53.52' S7157'50"W 5813'33" 32 55.00' 49.26' 26.42' 47.63' S17*11'32"W 51 *19'04" 33 25.00' 22,39' 12,01' 21,65' S17*11'32"W 51'19'04" 34 325.00' 74.49' 37.41' 74.33' S36*17'05"W 13'07'58" 35 325.00' 85. 79 43.15' 85.54' S220922"W 15 07'28" 36 325.00' 54.50' 27.31' 1 54.43' S09'47'25"W 09'3626" 37 1 35.00' 58.56' 38.78' 1 51.96' S52 55'01 "W 95 51'38" 38 473.00' 104.96' 52.70' 1 104.74' 1 N7247'46 "W 12 42'50" Tx op �r DUANE O BROWN «-� NO. 1285 Orc. 7, 2o00 <q�d RVEYOR. SU FINAL PLAT Briarwood Estates ,-w Section 6 Stonewall Magisterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 CURVE TABLE FILE#: C. \BRIARWOOD\PLATSEC6.DWG gNbert w. difford do aseodatm Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150�-c own Qvw"" Drive 200 North Conoe rS iout no" , - VkOio 22401 Wkntmdr. V VWla 22e01 (5�W) Ese-2115 (540) M-2139 SHEET 2 OF 10 Area Summary Area in Lots 9.0453 Acres C:) Area in Open Space 5.6361 Acres N Area in R/W 2.0589 Acres N Cn TOTAL AREA SUBDIVIDED 16.7403 Acres Number of Lots 29 Average Lot Size 13,587 Sq. Ft. Smallest Lot Size 12,000 Sq. Ft. EXISTING ZONING: RP EXISTING USE.- VACANT All lots are single family detached — urban. All lots are subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. Individual Site Plans are required for Lots 99-103 and 112-113 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. Additionally, Lot 102 shall require testing of placed fill materials according to chapter 17 BOCA. Testing reports shall be submitted to the Department of Inspections at the time of Building Permit application. MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR = 25' SIDE = 10' rsoo" ,TH 4F" 1 P. DUANE �� BROWN NO. 1285 Occ, 7,.2000 < q�O SURVeo FINAL PLAT Briarwood Estates #ww section 6 Stonewall Magisterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 GENERAL NOTES FILE#: C: \BRI ARWOOD \PLATSEC6. DWG g1bert w. difford do oaaoclate% Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Old* QMwold Odw 200 North Oomwan Suet SHEET Fhmkrkk*Ur0, Vkgkft 22401 windmtw, Wginio 22001 3 (840) 808-2115 (bW) 667-2130 of 10 96 32 J h F, 97 102 33 �F y r�N �ss� 4034'46"E) O 5%� 98 pp�� 0'�� LOT 101 i ` 6 ' 13,035 SF 14.77' S �...� � O6` 34t JSy,9, OPEN SPACE- 107 a ,� J, / ,r• 0 9J S511544"E LOT 100 f h 44.19' 12, 238 SF rtV 20' DRAINAGE t '��- 35 J2 BRIARWOOD ESTATES '` EASEMENT t r o� SECTION 2 3 "S.7 / �p •--15' WATER EASEMENT ZONED: RP 54Z2' USE: RESIDENTIAL 1219� 4 I3 OB 933 P 895 2 1 o13 r Gib O 13 OPEN SPACE q? LOT 99 ' LOT 108 �d o 109 co s�ys'y'9y OPE\ SPACE ho 112 12, 081 .SF i _o ",;,'; ' 1, 13, 082 SF `n 36 (L=49.2' (S00�8'49"W) IN z 20' SAN. SEWER EASEMENTv� DRAINAGE EASEMENT W _(N1054'34"E) �1401 --.- — Tx of l P. DUANE C BRAWN ND. 1285 Dee. 7, Z000 <q�d SURVE70V 56-16 o SAN. SEWER, EASEMENT R11 O LILYS WAY N 54' o N85'58'39"E 401.91' rn 125 113 SEE SHEE 7 OF 10 124 FINAL PLAT Briarwood Estates ,*w Section 6 Stonewall Ma isteriol District Frederick County, Virginia DATE: DECEMBER 7, 2000 SCALE: 1"=60' FILE#. C: \BRIARWOOD\PLATSEC6.DWG gHbert w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Ord. Gr..nwioh Drlw 200 North Com-on Strwt SHEET FrodarkkebwS Vkvilio 22401 whdtwbr, VUgirio 22001 4 (540) eee-2115 0 30 60 120 (540) 567'2139 OF 10 92 EX 100' POWER EASEMENT—j— DB 256 PG 572 I 93 OPEN SPACE OPEN SPACE eh 2.9704 ACRES � / �e' (SEE SHEET 9 OF 10) 94 r �6 IK p(9 QUO LOT 103 LOT 104 95 ��� ,f 13,452 SF i 14,922 SF �> 20' DRAINAGE EASEMENT \, �• . --..� i 20' SAN. SEWER h `rsr #102 EASEMENT , log• •'����, `6'i 3� ' oo 30 /20 WATER EASEMENT I (N403446"E 11') LOT 105 LOT 102 I o ?p' 13,975 SF 12,554 SF a 32 29 N \ >-, (N40 34'46"E) p g � 10, 1`01 �.h O\\'GQo�� 26 `'7 f Io ;. ' �h LOT 106 SAN. SEWER, 15,513 SF o EASEMENT WA �j`L _.-\� A 15' TER EASEMENT /� LOT 107 �11 41, `S IZ416 SF 9 �7ro 25 , �' _ _ _ -- -- 20' DRAINAGE EASEMENT 100 J 3 qJ 51'15'44"W _7 . 44.19 152.84 S85'S8'39°W j SEE SHEET 4 OF lG 109 110 SEE SHEET 6 OF 10 111 FINAL PLAT �TH OP Briarwood Estates,` Section 6 P. DUANE Stonewall Magisterial District Frederick County, Virginia O BR❑WN > DATE: DECEMBER 7, 2000 SCALE: 1"=60' FILE#. C:\BRIARWOOD\PLATSEC6.DWG 9 gllbert w. dtfford & awsoclotes, Inc. NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS 150-C OkW Qrw mwkh Orin Tao North Camwon Str+wt SHEET F7wdff tabirg, "la 22401 Wbdww rr. Virginia 226M <q�O SURVE�O� (�� i —2115 O ,30 60 120 i�5 i 587-2139 5 I OF 10 0 N N CD 0 W N W m 107 SEE SHEET 5 OF 10 106 20' DRAINAGE EASEMENT— ..._..- ---� . --- . N85'S8' J 9 E 80.20' 80.21' s' __1 [--___. _--- - -1 l LOT log', �o i2032 SF v M� 12, 0j0 SF Q o o�� o ►� z i ' _ SAW. SEWER EASEMENT.— r-.r-r �^�--• r,,r: ., i �,'�, `,' r%. r jr'� J %p,,lr %r'y80.2 IS 3 ° LOT 111 �o W) to IZ030 SF io cS of o "' OPEN SPACE lo' 2.9 704 ACRES 1 (SEE SHEET 9 OF 10) ' 07 � L__ r —(24.9') R�W 80.20' (14.5') LILYS WAY - 54 401.91' j EX. 100' POWER EASEMENT N85'58'39"E 1 06 256 PG 572 — 77— 80.00' — 15' WATER EASEMENT 402#404 __ I #406 ILw o� .' �i�, �Iol LOT 127 12,804 SF ,� �AyJ,. ^ 124 0' �� LOT 125 12,000 SF ��� 120,000 S6 o ^� o N f -- OPEN SPACE 2.4363 ACRES 80.00' _ 80.00�� (SEE SHEET 10 OF 10) P. DUANE O BROWN NO. 1285 � Dec,�2ooa <qNO SURVE��� g135'58'39"W 122 SEE SHEET 8 OF 10 FINAL PLAT Briarwood Estates wo section 6 Stonewall Magisterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 SCALE: 1"=60' FILE#: C:\BRIARWOOD\PLATSEC6.DWG gllbert w. dlfford & assoclates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Old. G"ouloh Orkv 200 North Oamerwn Strout SHEET Ftrd.rtcksbur% Vipilia 22401 Whahoutw. Virginia 22501 6 (W) e9e-2115 0 30 60 120 (�) 067-2139 OF ®� 1G CQ N JAMES E. & ARDEYTH 0. BUTCHER �-- ZONED: RA USE: AGRICULTURAL 112.50 DB 810 P 1279 N321157 t N41'06'05#E 101.55' ' r15' WATER EASEMENT-� 5 h 12N OPEN SPACE °��<Z LOT 112 0.2294 ACRES 14,530 SF (15') 7'4 10' PRIVATE SAN. SEWER EASEMENT 9 15� S 6 \-- � ono `S�s. `.i• 1A�8" �\ LOT 113\\.._... 12,449 SF =,moo /�o• , / �:�,� �� � � ��� ..� i `�, �. ��� •sue, �,,f'�,., `� f` LOT 114 00 17, 632 SF `. N .-20' SAN. SEWER EASEMENT \ �..S00 cS (N0136'21"W) `3ly¢ z� OD LOT 115 15, 975 SF (N57 34 21'W) LOT 116 13,301 SF j 11? IRIARWOOD ESTATES SECTION 2 ZONED: RP USE: OPEN SPACE DB 933 P 895 99 0 36 0 d- 37 W 3 U p�Z1 6� N p�pp hy. S , 23 \n Y Gpv�� A22 `-9-, /f —DRAINAGE EASEMENT 4 21/ CLOT 124 14,012 SF, s jL— (NI 723'50"W) AOp0 GO Z. 556. - 125 64 ,32, S4853'55 "E 19. 05' 123 S41'06'05-W �-15' WATER EASEMENT 150.00' 117 SEE SHEET 8 OF, IG`� �LTx of y P. DUANE -n BROWN •C1�GGa-a.c. NO. 1285 DeB, 7, 2©00 SURVE�0', 0 0 W N 126 FINAL PLAT Briarwood Estates,*-, Section 6 Stonewall Waisterial District Frederick County, Virginia DATE: DECEMBER 7, 20001 SCALE: 1"=60' FILE#. C:\BRIARWOOD\PLATSEC6.DWG gllbert w. dlfford & assoclates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150—C Old@ Gwnwid- DrM 200 North Cornw•on S vet SHEET Fredalddbur% Wginia 22401 Windm0wr. Virginia 22601 7 (30) a -2115 0 30 60 120 (540) 667-2139 OF 10 SE SHEET 7 OF 10, (N1773'50"W) 125 SEE SHEET 6 OF 10 127 \ 124 N85 58'39"E _ A41 116.38'1272' 1g5 I 4 DRAINAGE EASEMENT o 10 (L=26.2') LOT 123 I 0:. `\ 17,560 SF a - LOT 122 115\ 19,835 SF 5' WATER EASEMENT X`-p%�� ! I = ess, �oG 19 18 1' 116 e ssy � 17 00 00 16 N LOT 121 3 g. \� 12 12,085 SF o f LOT 117 i o 12, 000 SF �y1 `h /` 20SAN. SEWER �O"°�/0 1 13 EASEMENT Bp 1 O fk KS' V W ♦ 0, �`.r 14 Q�, ttCL y 0� 11$ 10 C '20' WATER EASEMENT i sr6,s�' �5 SF �� , lr ._. IL LOT 120 , ( w acn AV �: off; 13,191 SF p W LOT 119ro I Z 647 SF JAMES E. & ARDEYTH 0. BUTCHER ZONED: RA USE: AGRICUL TURAL `\ DB 810 P 1279 - '`� 81.79' ORRICK CEMETERY CO., INC. °°� 111.26P 42,21"w 193.05 ZONED: RA USE, AGRICULTURAL 579� E1( 100' POWER EASEMENT - DB 337 P 179 08 256 PG 572 FINAL PLAT NDi Briarwood Estates � section 6 Stonewall Ma isterial District Frederick County, Virginia DATE: DECEMBER 7, 2000SCALE: 1"-60' FILE#. C. \BRIARWOOD\PLATSEC6.DWG llbert w. difford & associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS O150-C Off' Qwraiatr DrM 200 North Comma S6"t SHEET Fnd�Aotabirq, VV014 22401 Wbvdmbr, "la 22001 B <,(sw) ei Z1S 0 J30 60 120 OW) W-2139 OF 10 90 BRIARWOOD ESTATES - SECTION 5 I ZONED: RP USE: RESIDENTIAL 91 OPEN SPACE DB 966 P 91 / 16og6 119 Aj 120 121 EX. 100' POWER EASEMENT y �-'• DB 256 PG 572 o� OPEN SPACE' ° 104 �'��, ; 2.9704 ACRES / 1 92 12 3 105 20' DRAINAGE EASEMENT *--(NO716'47-E 119.8) 124 N85 d 1 J7"W rn1 152.99' rOO (N55�5955 E) 106 (111.7),, o W co t O 107 0 ,/ N z SAN. SEWER EASEMENT—,,\ 0 0 Z Ian 110 Is 111 SAN. SEWER LILYS WAY N85'58'39E 401.91 �Tx of y P. DUANE O nn BROWN NO. 1285 Dcc. 7, <q�O SURV��� N85 4137'W 96.05' ~� Ng�\ 125 792 9 L1 S28'4629"W 21.49' -100.26' EUGENE F. & BARBARA L. GROVE (14.5) ZONED: RP USE: AGRICULTURAL 27 07. DB 498 P 470 FINAL PLAT Briarwood Estates ww Section 6 Stonewall Magisterial District Frederick County, Virginia DATE: DECEMBER 7, 2000 SCALE: 1"=100' FILE#: C: \BRIARWOOD\PLATSEC6.DWG g1lbert w. dlfford do associates. Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C owe Q"-pl h Orkv 200 North Cana+ Street SHEET (54o) e96-2115 0 50 100 200 (540) 867-2139 OF 10 i�� 12� ��5•\ 117 123 127�o sue. 1-61 AMES E. & ARDEYTH 0. BUTCHER/ ONED. RA USE. AGRICULTURA 122 OB 810 P 1279 _ 118 121 qp ,cP i 119 �t> ORRICK C ZONED: RA OB f L� ;n Qo 120 �9 OPEN SPACE 2.4363 ACRES O�0 METERY CO., INC. USE: AGRICULTURAL 337 P 179 WHO, INC. ZONED: RP USE: VACANT DB 970 P 1401 (REMAINDER N 13.3122 ACRES) FINAL PLAT f TH 0p t, Briarwood Estates � section 6 4V H o Stonewall Magisterial District Frederick County, Virginia Ji'(B ROWN a DATE: DECEMBER 7, 2000 SCALE: 1"-100' FILE#: C. \BRIARWOOD\PLATSEC6.DWG K- jg rt w. dtfford do a9welatea, Inc. NO. 1285 ENgNEERS — LAND PLANNERS — SURVEYORS Dec, 2000 150-C Oft 9j alof trim 200 N=U 0m.w°° Sb"t SHEET <q Q ��'�Bhptin 22401 whdmto w+pinia '"Am 10 F' 0 50 100 200 (5W) W7-2139 OF �� SURVEY 10 VIRGINIA ]'REDERICK COUNTY, SCT.' This instrument of writing was produced to me on THIS DEED OF DEDICATION, made and dated this day of , 2001, by and between SHIHO, INC., a Virginia corporation, party of the first part, and FREDERICK COUNTY, VIRGINIA, party of the second part. WHEREAS, the party of the first part is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated December 7, 2000, known as Briarwood Estates, Section 6, AND BEING a portion of the property that was conveyed to SHIHO, INC. by deed dated July 14, 2000 as recorded in Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 970 at Page 1401 and a portion of the property conveyed to SHIHO, Inc. by deed dated , of record in said clerk's office in Deed Book at Page , or as Instrument No. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH. That in consideration of the premises and the benefits which will accrue by reason of this dedication, the party of the first part does hereby subdivide that certain tract of land designated as Briarwood Estates, Section 6, situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated December 7, 2000, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. HOME OWNER'S ASSOCIATION MATTERS DEFINITIONS Section 1. "Association" shall mean and refer to Briarwood Estates Homeowner's Association, a nonstock Virginia corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to the real property described in the Briarwood Estates Final Development Master Plan and such additions thereto as may hereafter be brought within the jurisdiction of the corporation, and shall not be limited to Section 4 as shown on the attached plats. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plats of Briarwood Estates, with the exception of the open space(s) and buffer area(s). Section 4. "Member" shall mean and refer to every person or entity who holds membership in the association. Section 6 "Owner" shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any lot which is a part 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 Shiho, Inc., and its successors. MEMBERSHIP 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. When more than one person holds such interest in any lot, all such persons shall be members. (The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.) 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. VOTING RIGHTS Each member of the association shall have one vote for each lot owned, but in no event shall more than one vote be cast with respect to any one lot. The vote for such lot shall be exercised as the owners determine among themselves. BOARD OF DIRECTORS The affairs of the association shall be managed by a board of not less than three, but no more than nine directors, who must be members of the association. The initial board of directors shall be appointed by the party of the first part herein, and serve until the first annual meeting following conveyance of the first lot in the properties; thereafter, the board of directors shall be elected by the membership as determined in the bylaws of the association. PROPER TYRIGHTS IN COMMON PROPER TIES Section 1. Member's 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 easement 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 open space(s) and in aid thereof to mortgage the property. The rights of such mortgagee in the properties shall be subordinate to the rights of the homeowners hereunder. Approval of at least sixty-seven percent of the membership, excluding the Declarant, is required to mortgage or encumber the open space(s). (b) The rights of the association to suspend the voting rights and the right to use 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 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 not less that sixty-seven percent of the members, excluding the Declarant. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds of the votes has been recorded 2 agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than twenty-five days nor more than fifty days in advance. (d) In the event the association is dissolved, the assets shall be dedicated to a public body, or conveyed to a nonprofit organization with similar purposes. (e) If ingress or egress to any residence is through the open space(s), any conveyance or encumbrance of such area shall be subject to the lot owner's easement. 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 purchasers who reside on the property. Section 3. Title to the Open Space(sl: The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the open space(s) to the association, free and clear of all encumbrances, prior to the U.S. Department of Housing and Urban Development's insuring the first mortgage or deed of trust in the development. 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 hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the properties and, in particular, for the improvement and maintenance of the properties, payment of real estate taxes, repairs, 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 Maximum of Annual Assessments: Until January 1, 2002, the maximum assessment shall be $100.00 per lot. (a) From and after January 1, 2002, 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 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 of the votes of members who are voting in person or by proxy, at a meeting duly called for this 3 purpose, written notice of which shall be sent to all members not less than thirty days nor more than sixty days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its articles 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 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 days nor more than sixty days in advance of the meeting, setting forth the purpose of the meeting. Section 6. 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 Section 3 and 4, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the prior meeting. Section 7. Date of Commencement of Annual Assessments: Due Date: The annual assessments shall begin as to all lots on the first day of the month following the conveyance of the first lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the board for the issuance of 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 days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 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. 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. 4 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 becoming due from the lien thereof. 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 Sy.ace(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 Frederick 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. GENERAL SUBDIVISION MATTERS RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. Notwithstanding the foregoing, Shiho, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Shiho, Inc. or its successors in interest. 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. G� 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on any lot. 7. The exteriors of all structures, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition for longer than three months. 8. No single story dwelling (including but not limited to ramblers, ranches, and above -ground levels of multi -level homes) shall be erected upon said lot shown on the attached plats which shall contain less than 1,400 square feet of finished floor area. No multiple story dwelling shall contain less than 900 square feet of ground floor area.. Such areas shall be exclusive of porches, patios, carports, basements, and attics. Any garage, carport or car shelter constructed on said lots shall be attached to and be a part of the main structure. Shiho, Inc. reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. All residential structures must be at least 26 feet wide across the front elevation, and shall have a minimum roof pitch of 5/12. 9. No lot on the attached plats shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Shiho, Inc., however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats and to alter, amend and change any lot lines or subdivision plan so long as it owns any of said lots. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight 6 lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. No fence shall exceed six feet (6') in height. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Briarwood Estates Section 4, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any lot or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. Notwithstanding the foregoing, Shiho, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Shiho, Inc. or its successors in interest. 12. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements on any lot by Shiho, Inc. or its successors in interest, commencing within two years from the date of submission of said lot to these restrictive covenants. 13. Any lease or rental agreement must be for a period of at least thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 14. All lots are required to observe building restriction lines as indicated on the plats attached hereto (minimum setback from front, 35'; from sides, 10'; from rear, 25'), in addition to those requirements of applicable Frederick County ordinances. 15. Shiho, Inc. reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Shiho, Inc. does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16. Any Briarwood Estates, Section 6, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or covenant in the future. 17. 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 effect. 7 OTHER MATTERS 1. The property dedicated hereby is subject to certain easements designated "Sanitary Sewer Easement," Water Easement," "C&P Telephone Co. Easement," "Potomac Edison Co. Easement," "Allegheny Power Co. Easement," and Shenandoah Gas Co. Easement" as indicated on said attached plats, which easements are hereby dedicated for public use and access. Shiho, Inc. does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as Sanitary Sewer Easements and Water Easements. 2. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. 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 plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Shiho, Inc. 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. Shiho, Inc. does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said plats. 3. All lots are subject to a 20' Slope and Drainage Easement along all rights - of -way and a 10' Utility and Drainage Easement along all property boundary lines. Shiho, Inc. reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along said 10' Utility Easements on each lot and along those areas intended for public access on the attached plats. In addition, there shall be Service Easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by the lot owner. 4. (A) Individual site plans are required for Lots 99— 103 and 112-113 prior to issuance of building permits. See the attached plat (sheet 3) for additional requirements for Lot 102. (B) Lots 110— 111 and 125— 127 cannot be conveyed by SHIHO, INC., its successors or assigns, until such time Frederick County Virginia is satisfied that the proffer statement made by SHIHO, INC. has been met. 5. The covenants and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The 8 covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty-seven percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. Bold face type is for convenience only, and shall not enlarge or restrict any matters set forth in this instrument. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Shiho, Inc., sole owner and proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Shiho, Inc.: [SEAL] DAVID B. HOLLIDAY, President STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of , 2001, by David B. Holliday, who is President of Shiho, Inc., a Virginia corporation, on behalf of the corporation. NOTARY PUBLIC FOR THE STATE OF VIRGINIA My commission expires: E