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HomeMy WebLinkAbout14-98 Briarwood Estates Stonewall - BackfileCASH RECEIPT Date -- � a 001301 wz ReceivedArom s AtldresFor AN .�,ql_73) j4V y. ACC • • e } Lylt ACCOUNT CASH�`°i�t"'1 -= .. -A rt� JtT J AMT PAtD CHECK r- BALANCE MONEY ORDER B�1 Y � + Subdivision Checklist _! 1- If no master development plan is associated with the sub d' 's'on, comment sheets from the following agencies, along with any marked pies of the plan: VDOT City of Winchester Sanitation Authority Health Department Inspection apartment Parks & Recreation Marshal County Engineer One copy of the subdivision application Master Development Plano 0 3- l g, Approved by BOS: V-2 7-q,? Admin. Approved: 6- al9-Qf� TRACKING SHEET Date -�;� q Application received. 00 Fee paid (amount: $ 97 0. Information entered in d-BASE and Reference Manual. `T �gPLA, Application added to Bi-monthly Report. Final plats submitted with review agency signatures along with: Recorded deed of dedication Bond estimate (if required) $ Plats signed by Subdivision Administrator Approval letter to applicant/agent - °l Copy of final subdivision plat [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment givm to 6'ee' fo LYda% A-A-S, O:\OPERAT-I\SUBDI VSN.TRK _ / - f 4J 6 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: r✓AJ.6 f lldi 10J r/1-f- 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 .itKi� 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 .� FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 October 11, 2001 SHIHO, Inc. Mr. David B. Holliday P.O. Box 2715 Winchester, VA 22604 RE: REVISED PROFFER STATEMENT FOR BRIARWOOD ESTATES (REZ #003-98) Dear Dave: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on October 10, 2001. The Board approved your request to amend the approved proffer statement for Briarwood Estates. This amendment rescinds the Greenwood Road Improvements section which limited the number of residential lots to be developed prior -to the completion of the Greenwood Road major road improvement project. Please do not hesitate to contact this office if you have further questions regarding this action. Sincerely, &ILI �. Evan A. Wyatt, AI Director EAW/ch cc: Jane Anderson, Real Estate Steve Melnikoff, VDOT John Trenary, Building Inspections O \Agendas\Approval Itn\RFZ's\Briar oodEstatesRevisedProfTers.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 -REZONING REQUEST PROFFER Property Identification Numbers 55-((A))-184B & 184C mm sin Magisterial District "BRIARWOOD" Preliminary Matters Pursuant to Section 15.2 - 2296 et. sea.. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that m the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application # 003 -98 for the Rezoning of 50.53 acres from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning District, d velopment of the subject property shall be done m conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 50.53 acre property, lying on the east side of Greenwood Road in the Red Bud Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will submit a master development plan that will provide for a street layout connecting with Greenwood Road as shown on the attached Addendum "A" - Briarwood Estates Master Development plan dated December 15, 1997. Housing Type The undersigned voluntarily proffers that the rezoned property shall be master planned and subdivided for single family detached home lots and further that no apartments, duplexes, or other multi -family buildings shall be constructed upon the 50.53 acre property. Master Planning The undersigned voluntarily proffers that the rezoned property (50.53 acres) shall be combined with the adjoining property (tax map parcels 55((A))184A and D consisting of 40.11 acres for master planning purposes. The master planned area shall consist of 90.64 acres with 230 single family home lots. REZONING REQUEST PROFFER Property Identification Numbers 554(A))-184B & 134C Red Bud Magisteriai District BRL4,RwOOD Page 2 Phasing The undersigned voluntarily proffers that the combined master planned property shall be phased to limit the recordation of lots to 87 single family home lots until improvements are under construction for Greenwood Road Phasing shall be in accordance with the attached Addendum W - Bnarwood Estates Master Development Plan dated December 13,1997. Streets The undersigned voluntarily proffers that the following items will be addressed in the early stages of subdivision and/or site planning for Briarwood Estates: 1. Tapers and right turn lanes shall be considered as per VDOT at the intersection of Greenwood Road (Route 656) and any proposed access streets. 2. A signalization agreement shall be executed with VDOT. Monetary Contribution to Offset the Impact of Development The undersigned, who owns the above descnbed property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 50.53 acre property lying along the east side of Greenwood Road (Route 656) between Senseny Road (Route 657) and Valley Mill Road (Route 659) in the Stonewall Magisterial District of Frederick County, Virginia from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning District, the undersigned shall pay to Frederick County $4,148.00 for schools and parks and recreation at the time a building permit is applied for and issued for each approved lot. $10,000 for Greenwood Fire and Rescue Company shall be paid to Frederick County by the owner at the time the first section of the rezoned property is approved for recordation and shall be forwarded as soon as possible by the County to Greenwood Fire and Rescue Company. REZONING REQUEST PROFFER Property Identitiication Numbers 55-((A))-134B & 134C Red Bud Magisterial District BRIARWOOD Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. By: Applicant: LM STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To Wit: Date: p Q� Date: Date: The foregoing instrument was acknowledged before me this /0 day of be - . 2001, by DQu r d B . 901114.l j My Commission MFj1� �• _ ♦sera~ .s ;. _ - PHASE III ~ . �:. PHASE IV1, _ C PHA SE II 1 = t I,Cr ;.,, • •`mot,•�., Addtndum "A" 12-13-97 Briarwood Estates Master Development Plans --- ,. — .+��,: •.,,r,. N3.,, � / �+�"�•l:\.tlt�,..J �'i'�!!� �'•'s'.•1p.j '1�.'>..�,•'.— :... •' .': .f ' • s I,I,j ... ' •��\T. ._�._ • -iR • w it �• -' ..•�{ i ...-.. — •i :`,, �j "r„� -�`N ; .. • �••+.-� 4 /••.Jt«ri ram„ 1 t�•—.• lit •,• _ _ iiql L; FU P SESi10T DEVE EDIN 0 ON_H:6REEM D ' — f IM 0 MEN T �0NS7RU I 40.11''ACRE Lots �h,, J, ; •,PHASE V,C q, 1A 'REOUESIED —RP tONli'IC• j ` . IE r utuiNc stw "•�..J . —'�'�--- PHASING Non. In 1993, Briarwood Estates manta Plan was r approved far 87 Homo on 40.11 Acres Zoned RP. 50M Acres are requested to be zoned to RP. • / Combining the areas for Master Planning purposes ^ti . (9OA4 Acres) shall yield 230 home lots. No more than V wM be buCt prior to the begimrdng of the Greenwood Itoad reconstruction P PHASE 1 Project. - No more than 122 wIU be buUt during the 0 LOTS UNDER ON$TRUCUNDE V reconstruction of Greenwood Road. Ndt.yM. Number of lots may vary in each phase due to final engineering, site constraints and muter planning. PROJEC1 P14ASINO I . 20 tots (under Construction) 11 - 25 III - 21 IV • 96 v•_n 122 Future - JU (wkh Greenwood Road Imp. Project) 230 Total Lob eft -- -wr d 4% a unwo ► W I AKAR W AMYSS 8,00- . r.... . w... ..JMZU0MUV rurrza JM" A COMMONWEALTH OF VIRGINIA + + r L, J iA 1A 9 0 OFFICIAL RECEIPT d FREDERICK CIRCUIT COURT DEED RECEIPT a DATE: 04/09/99 TIME: 15:14:44 ACCOUNT: 069CLR990004011 RECEIPT: 99000005977 o CASHIER: NBS REG: WN17 TYPE: DOD PAYMENT: FULL PAYMENT INSTRUMENT : 990004011 BOOK: 933 PAGE: 886 RECORDED: 04/09/99 AT 15.13 GRANTOR: SHIN INC EX: N LOC: CO E GRANTEE: FREDERICK COUNTY, VIRGINIA EX: N PCT: 100% x AND ADDRESS : NONE NONE o RECEIVED OF : DAVE HOLLIDAY CASH : $34.00 m DESCRIPTION 1: ST DIST 2: BRIARWOOD ESTATES, SECTION 2 CONSIDERATION: .00 ASSUMENAL: 00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 30.00 145 VSLF 1.00 106 TECHNOL06Y FUND FEE 3.00 TENDERED 34.00 AMOUNT PAID: 34.00 CHANGE ART : .00 DC•18 (7/98) CLERK OF COURT: REBECCA P. H06AN ao\ BK933PGO886 HIS DEED .OF DEDICATION, made and dated this day of March, 1999, 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 August 27, 1998, known as Briarwood Estates, Section 2, AND BEING a portion of the property conveyed to SHIHO, INC. by deed dated August 3, 1998 and the same property that was conveyed to SHIHO, INC. by deed dated August 21, 1998 as recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 913 at Page 1308 and Deed Book 913 at Page 1311, respectively. 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 2, situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated August 27, 1998, 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 Briar -wood 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 2 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 5. "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., its successors and assigns. BK933PG0887 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. PROPERTYRIGHTS IN COMMON PROPER TIES Section 1. Member's Easements of En ogyment: 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 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 BK933PG0888 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(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the open space(s) to the association, 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 ASSESSMENT'S 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, 2000, the maximum assessment shall be $100.00 per lot. (a) From and after January 1, 2000, 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 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 BK933PG0889 of the maximum. Section 4. Special Assessments for Capital I_provements: 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 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in 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 open space(s). 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. Section 9. Subordination of the Lien to Morteaees: 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 Propea: 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 BK933PG0890 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 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. 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 BK933PGO89I 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 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 2, 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 BK933PG0892 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. No structures are permitted within the Road Efficiency Buffer, which requires screening, all as indicated on said plats. 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 covenant§, 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 2, 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. 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 BK933PGO893 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. Individual site plans are required for Lots 25, 26, 29, 36, 41, 42, 43 and 44 prior to issuance of building permits. 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 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 follow BK933PG0894 STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of March, 1999, by David B. Holliday, who is President of Shiho, Inc., a VirTT on behalf of the corporation. NOTARY PU&W FOR THE STATE OF VIRGINIA My commission expires: 3 6 t H V. v � BK933PGO895 FINAL PAY Briarwood Estates section 2 Stonewall Magisterial District Frederick County, Virginia i :bf ��•- � � �•-. 1�'� 4'� , 1 •- fix• j �i, • Jr INA P VED my Frederick County Sanitation Authority ZA'� Date Subdivision Administrator Date Virginia Dept.' of Transportation Date 9-2 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 desires of the undersigned owners, proprietors, and trustees, If an OD/No 41— VAMfg, Date NOTARY PUBLIC 1, V�L%c-- LAWMX4C-E-- a Notary Public In wd for the State of Virginia, at large, do certify thatSA-040 whose names are signed to the foregoing Owner's Certificate, have acknowledged the some before me inmystate. Given under my hand this_ day of L . My commission expires Jrj$Af, 3_C67,,007_ SURVEYOR'S CERTIFICAT I hereby certify that the property contained In this subdivision Is 9 portion of the property that was conveyed to SHIHO, INC. by deed dated August 3, 1998 and the some property that was conveyed to SHIHO, INC. by deed dated August 21, 1998 as recorded In the Office of the Clerk of the Circuit Court of Frederick County, W ginia in Deed Book 913 at Page 1308 and Deed Book 913 at Page 1311, respectively. TH Off, P. Duane Brown, L.S. yr The property represented herein is a portion of the property shown P. DUANE on Frederick County Tax Map 55((A)) as Parcels 184E and 184F. V n BROWN DATE: AUGUST 27, 1998 COVER SHEET FILE#: C: \BRIARWOOD\PLATSEC2.DWG NO. 1285 qp� w dHftd & asmdate% Ina SHEET A-3. 27, /99s ENGINEERS — LAND PLANNERS — SURVEYORS tip �( 1a0-C Oki Gro ndah Odw 200 NW& cNew n fted OF <,q sURvE O R e bkkdw% Vbgb 22401 Wh aF—kM Vkvkdo 2 M ( ) 21 0 (5 0) a07-2130 8 BK933.PG0896 Curve Table CURVE RADIUS LENGTH TANGENT I CHORD BEARING DELTA 1 12 509. 70 128.22' 64.11 128.22 N43b7'Ot'E 00 3514" 2 327.00 101.03 50.92 100.63 N47'0 49 E 17'42 06 3 177.00' 283.44' 182.49 254.11 S03V1'25"E 91'4459" 4 500.00 154.21 77.72 153.60 S57'44 02 E 17'4014 5 35.00' 54.98 35.O0 49.50 S02*08 56"E 90100'00" 6 204.00' 37.26' 1a68 37.21 S37'37'06 102756' 7 TO4 000' 64.15 32.34 63 88 S2322'37'W 18'01'01 " 8 204.00 67.55' 34.09 67.24 S0452 56 W 18 58 21 " 9 204.00 64.64 32.59 64.37 S13'40 51 mE 18'0915 10 204.00 64.89 32.72 64.62 S315216 T 181, 4 11 204.00' 28.18 14.11 28.16 S4456 29"E 0754'52 12 35.00 60 85 41.43 53.47 S0054 26 W 99'3641 " 13 354.00 76.86 38.58 76.71 S4429 35 W 122623 14 300.00 89.02 44.84 88 70 N46'4 16 17'00'08" 15 35.00 46.31 27.25 43 01 S86'4818 E 75'4846 16 527.00 38.95 19.48 38.94 S51'00 5 0414'05" 17 527.00' 75.27 37.70 75.21 S5713 30 E 0811'02" 18 527.00 49.38 24.71 49.36 S64ro0 05 E 0522 08 19 473.00 130.15 65 49 129.74 N58 33 23 W 15 4556" 20 473.00 14.65' 7.33 14.65 N4947'10 W 01'46'31" 21 35.00' 56.05 36.09 50.25 NO3'0125 W 914459" 22 35.001. 53 91 33.95 48.74 S8658 35 W 8815 01 " 23 35.00' 64.07 45.51 55.49 , N0332 29 E 10452 47" 24 35.00 45.89 26.91 42.67 N862 31 W 75b 13" 25 150.00' 222.87' 137.76' 202.93' N06'19'59"W 85107'51" 26 150.00 17.33 8.67 17.32 N39 32 30 E 0637 08 27 35.00' 54.98, 35.00 49.50 N875104'E 90'00 00" 28 12, 509.70' 364.73 182.38 364.71' S44'14 45 W 01'40'14" Irzs of yr ' PDUAN , BROWNE v>°41--. NO. 1285 .Quy. 27, /998 <qhO SURd���-Z118 FINAL PLAT Briarwood Estates ^o Section 2 Stonewall Magisterial District Frederick County, Virginia 9 DATE: AUGUST 27, 1998 1 CURVE TABLE I FILE& "C: \8RIARW0OD\PLATSEC2.DWG" g1bert w. difford do aasodde4 Ina ENGINEERS - LAND PLANNERS - SURVEYORS 1s0-C a & *"mum w" 2W NW& Cmwm ft"t F�d�rtakrbir & WO n401 IMI�d�wbq VkOlnio �01 (b10) 167-Z13o SHEET 2 OF 8 8K933PG0897 Area Summary Area In Lots 8.0007 Acres Area In Open Space 2.0125 Acres (2) Area In R/W 2.3721 Acres (1) TOTAL AREA SUBDIVIDED 12.3853 Acres (2) Number of Lots 26 Average Lot Size 13,404 Sq. Ft. Smallest Lot Slze 12,100 Sq. Ft. (1) Includes 0.0282 acres ded/cated for Rt. 656 Improvements. (2) Includes 0.0381 acres to be acquired from the Commonwealth of Virginia (Rt. 656 R/W Vacation). E,VSANG 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. No structures are permitted within the Road Efficiency Buffer (See Lots 21, 22, 23 and 24). Individual Site Plans are required for Lots 25, 26, 29, 36 and 41-44 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. MINIMUM SETBACK FRONT = 35' REAR = 25' SIDE = 10' P. DUANE BROWN ",,�,�0,,...�, NO. 1285 Avy. 27, /998 �qHO SURvea� REQUIREMENTS FINAL PLAT Briarwood Estates,%o Section 2 Stonewall Magisterial District Frederick County, Virginia DATE: AUGUST 27, 1998 GENERAL NOTES FILE& C: \BRIARWOOD\PLATSEC2.DWG g1bert w. dtfford do aamclates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 100-C ads anolu h orta 200 Natlr C=W= 9b"t SHEET FhWwk dffo Wo 2ZW1 Mlrrdrwlr, Vh9h 228M 3 (810) 896-2ns i540i 667-2130 OF a BK933PGO898 W N 50' EX DB 24 GREENWOOD ROAD N SR. 656 N 0 RIW 0 0282 ACRES HEREBY DEDICATED EX. C&P raE CO. ESM7 TO THE COMMONWEALTH OF VIRGINIA (AL31— ONG l�/W� 374 P 141 (V. aT. PROJECT 0656-634-118� G 6 1 N42-49-14E 118.16' 1041 L--j EX. 20' WATER ESM'T N 57 ;i E N49 I DB 786 P 1709 _ EX 15' SHEN. GAS ESM'T DB 819 P.091 541 ROAD EFFICIENCY BUFFER — No struCh )0 E 'T — the Road 58 P57 I F 030) c crnr► ,47143SF lcn 13,227 SF N- `1204 EASEMENr--. 10' DRAINAGE EASEMENT �„�.t,TH 0� L �`' r P. DUANE O BROWN NO. 1285 Aug . 2 ,, /996 <,yNo SUR\Jsl `e� 1205 1 93.01' S4213'31 W 175.01 W(REMA/NDV C.)I are permittea witnin ��- ciency Buffer 21 14 c�+ 16, 744 SF g C3 �� 1Q F A01 I 46 1 t ^•1 13,987 SF 18 MRMRA L GROVE USE AGRICULTURAL W8 P 470 c Briarwood Estates ov Section 2 Stonewall Magisterial District Frederick County, Virginia DATE: AUGUST 27, 1998 1 SCALE: 1 *-60'1 F1LEit "C:\BRIARWOOD\PLATSEC2.DWG" ggbert w. dI ford & oaodotm Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C a& gremakh Drift 100 th 0MT#WM "in ( 22115 � 30 60 (�i ee3-Z1JD 4 120 OF BK933PG•0899 /t .0381 ACRES TO BE AC4 fiW nW ME COMMONWEALTH OF NRG/N/R 7.38' (V .0. r. PRGUECT 0656-aM-118,=W NC, rIj EX. 15' S1♦EN. GAS ESM'T 2U8� DB 819 P 541 MnWOOD ROAD - SR. 656 40' R/W 3'45"LZ5.5L. .._. EX 20' WA TER ESM'T -EX RIY 08 786 P 1709 50' ROAD EFFICIENCY BUFFER — No structu the Road AV OPEN SPACE 1.0966 ACRES _�, /00, / \ es are permitte Efficiency Buffer' 24 14,624 SF z25 IZ500 SF , DRAIMOE -:`•.: �� EAS'EME]VTO�i i��w+ir�,� 12,500 SF N SEWER £SM7 / 27 12, 499 SF 15' WATER ESM7, 549 00 57'W`� 126. ' 24 28 Ap { P. DUANE' BROWN NO. 1285 Aug, z•7, /99B �qNO SURdS�0; 10 58:9 within X POWER ESM'T )B 358 P 357 23 O W /rye A3 9 �P 00 44 �J 43 15,514 SF 0' DJWMG£ �EASEMEM SEE SHEET 6 0; 8 132.67' 42 FINAL PLAT Briarwood Estates Aw Section 2 Stonewall Magisterial District Frederick County, Virginia DATE:A000ST 27, 1998 ISCALE. 1"-60*1 FILEe 'C:\8RIARWOOD\PLATSEC2.DWG" g1bart w. diffor+d do assodatak Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 100-0 Oft Qw-m h OrM 200 NOV OQm m 9bvA SHEET (040 �16 O 22401 Vlh d i. %Ilk 22001 5 D J0 60 120 (540) 017-2139 OF �I 8 BK933PGO900 44 M EUGENE F. & SMAR4 L. aWVE ZONED.- RP USE. AMICUUMAL Tj4.0, OB 49B P 470 &.0 27" .00 jj. 9 m 11-4 "T ' ILGE ESUT j 42 14,413 SFN '2' -(1.19 S47#08*56"E 366.57' -41Y"WA7ER MSEMC�$ IN��; j A4 40 <nit% if Z541 SF 01 68 00 _j 1 41 0WM6E ESMT &110-1� 1.67' 4 , _ _ _�I� 157.73' rz--Ipy ULYS WAY - 54' RjW 15.41' :15 ... . .... ..... .... ............... ...... WATER EASEMENT _(L1824 214 2' 27SSIR 12.434 SF L_--J 112-07 1 & , 4 m 0 ---,\ v4go-y—jr �673.09 GOLDENROD Ra4D 54 a R,-V BRARWOOD MAW - SECTION I ZONED.• RP USE REWD&M D8 906 P IM P. DUANE BROWN Na. 1285 7 /9118 'r I 5 +6 CO ' N I 29 13,847 SF co Q! DRAINAGE 30 EASEMENT — 20' S4N. SEWER ES 7 QO N FINAL PLAT Briarwood Estates -,v Section 2 Stonewall Magisterial District Frederick County, Virginia DATE: AUGUST 27, 1998 1 SCALE: 1--60-1 FILE& -C: \8R1ARWOOD\PLATSEC2.DWG" ENGINE w. dIfford cuo"m Inc. - LAND PLA& NNERS - SURVEYORS 150-0 owe Groom" No 200 North Cornorm Mud SHEET Am"kim6wo Vb 2Z401 UA- h %lob zw 6 (540) M-21116 0 jo 60 120 (M) M7-2131 OF BK-933PG0901 £UGENE F. & &IR84RA L GROVE' GREEM 000 RQAD REAL7Y PARTNERSHIP ZONED. • RP USE AGRICULTURAL ZONED. RP USE AGRICULTURAL DB 498 P 470 S47.E 366.57' DS 683 P 570 , 82.04' 00.'T� ..-- .� 80i 15' W TER EASEMENT--- ?: N F38 N: 100 SF �i cn c3 39 CAR 1 40 12,235 SF I�1� 41 o• 1?,135 SFi�� of v+ m07J ,305 � mot. o 303� "0' WATER SEMENT 82 00' ; 48-00' z j 80.00' :, ..... LILYS WAY N 54 RA S48 '53'55'E 29 , F15' SAAG SEWER EAS'OIENT 37 163.26' _. ---�, ..... 0y 8..__306 ' 02 T4 7 F ILL 4� N v 30 i 12,590 SF 6 C I SO 33 v 19 I v19 32 5181 12,600 SF Iv+lov 31-j 12,600 SF l9l�`j j 600tin'80.0 'E00 0 W 34 O N 80.00, so. - - 79.60' — N48'S3'5511W 568.63 OPEN SPACE 0.6161 ACRES 3' "yjl 616,25 "ES E. & ARDEYTH O. BUTCHER ZONED. • RA USE'.- AGRICUMIRAL DS 810 P 1279 FINAL PLAT �DI Briarwood Estates Section 2 � Stonewall Magisterial District Frederick County, Virginia P.�,w DATE:AUGUST 27, 1998 SCALE: 1'-60'FILEit "C:\8RIARWOOD\PLATSEC2.DWG". ��yytlbert w. diffoM do omodde% InaNENgNEERS -LAND PLANNERS - SURVEYORS .Avg100-C Oft Orw Aft NO N00 Nw& Commr Sbid SHEET < 14q,0��1� 0?�AOf 30 60 1 VAmAub(b10�7-� OF 8 BK933PGO902 GAWV# OD RQAD REAL7Y PARTNERSHIP ZONED.• RP USE AGRICULTURAL DS 863 P 570 15' ,SAN. SEWER? 37 I 16,806 SF i____. _L311 ___J 99.34' DRAINAGE EASEMENT :;.OPEN �SPACE":' • 0.2617 ACRES; •' ; t� i9 T ULYS WAY N 54' R/W r4 (39.49 •�., WA77 S483 3 5E 49 0 r 16 .26'118.9 j (15216 0. .i10312 , 36 ' �... _.� 35 :SIN �;� 34 v 9 33 113,,147 SF 2,600 SF 89.18' 79.85' OPEN N48�3'55-W :. . 0.6161 ACRES ••' :"'�.:. ,.:., >,; 61� 5 N48'S3J"ES E. & ARDEYIN O. BUTCHER '55W ZONED. • RA USE' AGRICULTURAL DS 810 P 1279 FINAL PLAT l*TH op �r Briarwood Estates ~ Section 2 Stonewall Magisterial District Frederick County, Virginia PB OWNE D-+ DATE: AUGUST 27, 1998 SCALE: V-60' FlLE�k 'C: \BRIARWOOD\PLATSECZ.DWG" cj,4 Ok o-..� w diftard & as�mWas. Na NO. 1285 olds � - LAND PLANNERS- SURmoo VEYOM aQmran Strut SHEET Aug, 27, /998 %*" 9N01 U "UrO�►, Vtgldo "I I e <qHo suRvC40'�L t eye-afta 0 m 80 120 " OU-2130 OF vwarwnI COU K M s li _ li COMMONWEALTH OF VIRGINIA 1A 1A r OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT a DATE: 04/09/99 TIME: 15:17:56 ACCOUNT: 069CLR990004012 RECEIPT: 99000005979 o CASHIER: NBS REG: YN17 TYPE: DDT PAYMENT: FULL PAYMENT INSTRUMENT • 990004012 BOOK: 933 PAGE: 903 RECORDED: 04/09/99 AT 15:17 GRANTOR: SHIN INC EX: N LOC: CO E GRANTEE: FREDERICK COUNTY VIR6INIA EX: N PCT: 100% x AND ADDRESS : NONE NONE RECEIVED OF : DAVE HOLLIDAY CASH : $28.00 DESCRIPTION 1: ST DIST 2: BRIARAOOD ESTATES, SECTION 3 CONSIDERATION: .00 ASSUMENAL: 00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 24.00 145 VSLF 1.00 106 TECHNOLOGY FUND FEE 3.00 TENDERED 28.00 AMOUNT PAID: 28.00 CHANGE ANT : .00 DC-18 (7198) CLERK OF COURT: REBECCA P. H06AN BK933PG0903 HIS DEED. OF DEDICATION, made and dated this day of March, 1999, 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 November 13, 1998, known as Briarwood Estates, Section 3, AND BEING a portion of the property that was conveyed to SHIHO, INC. by deed dated Au st 3, 1998 and the same property that was conveyed to SHIHO, INC. by deed dated —�/J 1999 as recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 913 at Page 1038 and Deed Book �3at Page �&d 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 3, situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated November 13, 1998, 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 3 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 5. "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., its successors and assigns. MEMBERSHIP BK933PG0904 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. PROPERTYRIGHTS 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 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 BK933PG0905 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 S,paceW: 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, 2000, the maximum assessment shall be $100.00 per lot. (a) From and after January 1, 2000, 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 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. BK933PG0906 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 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in 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 open space(s). 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. 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 BK933PG0901 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. 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. BK933PG0908 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 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 3, 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, BK933PG0909 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. No structures are permitted within the Road Efficiency Buffer, which requires screening, all as indicated on said plats. 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 3, 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. 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, BK933PG0910 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. Individual site plans are required for Lots 52, 53, 54 and 55 prior to issuance of building permits. Lot 52 shall require testing of placed fill materials -see Sheet 3 of the attached plats. 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 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, In;;,�.� DAVID_BeM6LLO,*Y ', President BK933PG09II STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 2'Z— day f March, 1999, by David B. Holliday, who is President of Shiho, Inc., a Virg corporate , on behalf of the corporation. Y KMIC FOR THE STATE OF VIRGINIA My commission expires: �Ur(� 3 6 ,Zaor— t� BK93.3PB0912 FINAL PLAT Briarwood Estates oww Section 3 Stonewall Magisterial District Frederick County, Virginia ra Cb - ��-:: •;+��...n ' .� sod« MP ' n f P Y Frederick County Sanitation Authority Dote Subdivision Administrator Date Virginia Dept. of Transportation Date 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 desires of the undersigned owners, proprietors, and trustees, if an _ 0 Date NOTARY PUBLIC a Notary Public in and for the State of Virginia, at large, do certify that �4u-11&1 whose names are signed to the foregoing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this-9N day of My commission expires 1c1SE-3o,'tooZ� _ 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 dote August 3, 1998 and the some property that was conveyed to SHIHO, INC. by deed dated 26 ZZ 199$ as recorded in the Office of the Clerk of the Circuit Covrrtof Frederick County, Virginia in Deed Book 913 at Page 1308 and Deed Book W at PageOU-0 respectively. P. Duane Brown, L.S. � ,. ►.LTH OF D The property represented herein is a portion of the property shown P. DUANE �, on Frederick County Tax Map 55((A)) as Parcels 184E and 184— O BROWN DATE: NOV. 13, 1998 COVER SHEET I FILE#: C: \BRIARWOOD\PLATSEC3.DWG NO. 1285 gMxwt w. difford & assodotss, Ma Nov. /3,/998 ENGINEERS _ LAND PLANNERS — SURVEYORS SHEET Np �(� rsmNdi DrM 200 North Ouvwon ftsd OF ftedorkMMM <q SURVE O 150-C Olds G*4mbw, VHyinb 22001 ( 18 2?A01 (8� sti7-2139 5 UK933VG0913 Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 35.00' 54.98 35.00 49.50 NO2'08'56 W 90100'00" 2 25.00' 1.66' 0.83' 1.66' N44'44 57`E 03'47'47" 3 25.00' 20.74' 11.01' 20.15' N70'2429`E 47 31'17" 4 55.00' 79.27' 48.30' 72.59' N52 52'40`E 82'3457" 5 55.00' 61.15' 34.17' 58.05' N20'15'46 "W 63'41 '54" 6 55.00' 46.82' 24.93' 45.42' N76 2952"W 48 46'19" 7 55.00' 84.07' 52.73' 76.12' S35'1929`W 87'34'59" 8 25.00' 20.74' 11.01' 20.15' S151738`W 47'31'17" 9 25.00' 1.66' 0.83 1.66' S40 57'10"W 03 47'47" 10 35.00' 54.98' 35.00' 49.50' S87 51'04`W 90'00'00" 11 691.58' 68.85' 34.45' 68.82' N42'3237E 05'42'15" 12 691.58' 40.20' 20.10' 40.19' N38'01'350E 0319'49" 13 691.58' 25.03' 12.51 25.02 N35'19290E 02'0424" 14 691.58' 134.08' 6 7.25' 133.86 S39 50'31 "W 1106'28" �sH °F yr r, P. DUANE O BROWN pNO' 2g J Nov. /3J /998 <q 6L �,D SURdE( D. FINAL PLAT Briarwood Estates,%o Section 3 Stonewall Magisterial District Frederick County, Virginia DATE: NOV. 13,q 1998 CURVE 'FABLE FILE#. `C: \BRIARWOOD\PLATSEC3.DWG" ENGINEERS bwt w. LAND PLANNERS �� SURVEYORS 1Fre, 2UM 1 °" (540) 000-2115 (ego) ae� �� SHEET 2 OF 6K933*PG0914 Area Summary Area in Lots 3.9026 Acres Area in Open Space 0.2050 Acres Area in R/W 1.5372 Acres* TOTAL AREA SUBDIVIDED 5.6448 Acres Number of Lots 12 Average Lot Size 14,167 Sq. Ft. Smallest Lot Size 12,160 Sq. Ft. *Includes 0.4127 acres dedicated for Rt. 656 Improvements. EXIS77NG ZONING. • RP EXIS77NG 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. No structures are permitted within the Road Efficiency Buffer (Lots 47-52). Individual Site Plans are required for Lots 52-55 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. Additionally, Lot 52 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' „► � .vTH OF D � `" { P. DUANE O BROWN NO. 1285 Nov. 13� /998 SURVE�0 FINAL PLAT Briarwood Estates otw Section 3 Stonewall Magisterial District Frederick County, Virginia DATE: NOV. 13, 1998 GENERAL NOTES F1LEf. C:\l3RlARWOOD\PLATSEC3.DW yyAbort w. dlffordd & asaoclates. Ina ENGINEERS — LAND PLANNERS — SURVEYORS 150-C Olds Growrd* OrM 200 North ON Wa strut SHEET FtrdRlda, _ _ VVO" 22401 wkwhwhr. mrgb* 220M 3 (5 0) OW-2115 (540) W7-2139 OF 5 'BK'933FIG 0915 GREENWOOD ROAD - S.R. 656 N 40' RA 0.4127 ACRES HEREBY DEDICATED EX. C&P TELE. Co. ESM'T TO THE COMMONWEALTH OF WRGIN►A (ALONG R/W) DB 374 P 242 N4249_E 606.58' (V.D.O.T. PROJECT 0656_034-118_502) 10.41 N45'23'45"E 159.72' EX 20' 7A1ER ESIk7 EX. 15':SHEN. GAS ESWT 541 27. 03' -- 74.19'- 4 1 D.5 69� P 1709 p8 819 P F 2 • 47.93'-" . __ __ . 7J8 83 E 50.29' SIGN EX POWER ESU'T 1 EASEMENT DB 358 P 357 50' ROAD EFFICIENCY BUFFER _ (No structureslare permitted within .� 7-7 the Road ,Efficiency Buffer) I 21 ^ LOT 47 LOT 48 ;_ LOT 49 �o �, 50 .`g 015,454 SF 13.74E SF 13,15E SFl " n 00r-, rn:::;•::':)l �`O coo N N I I . 25' WATER (EASEMENTI L_ 1�110 __ 1 ,�108 --1L ,— L--I - W O' iQ NU I—,t:,i ¢3 W 3� -'n 27.00' 20 SAN. SEWER D 10 — ::::::::::: .:.:::...::::: 17' WATER EASEMENT Cc o ORCHID COURT - 50' R N42'51'04"E 422.79' 60.00' 80.00' R4, r S ... I �- ao $ cn ALOT 58 P •- 14177 SF 25' WATER EASE .•J I 27.00127.00' F. & BARBARA L. GROVE - 'ED: RP USE: AGF � ., ►.�,TH OF D 6P�`' Ir P. DUANE O n/� BROWN �� � NO. 1285 Nov. /3� /q98 95.00' 498 P 470 LOT 57 IZ160 SF L_ I 000 0100 u7 '- W 80.00, 1 1 F— i107 T—I 1 I �Ig LOT 561 55 12,160 SFj v 1 �i .6. - S42151'04"W 640.82' 1 FINAL PLAT Briarwood Estates ovw Section 3 Stonewall Magisterial District - Frederick County, Virqinia DATE: NOV. 13, 1998 SCALE: 1"-60' nLE/: "C: \BRIARWOOD\PLATSEC3.DWG" gqpbwt w. dW wd & aaodota. km ENGINEERS - LAND PLANNERS - SURVEYORS �VVGM Mid I. nSHEET (ems eww-�1a 0 30 60 120 (50 OU 21� 4 —� 5 5 -BK933PGO916 0.4127 ACRES HEREBY DEDICATED GREENWOOD ROAD - S.R. 656 - 40' R/W TO THE COMMONWEALTH OF VIRGINIA EX. C&P TELE CO. ESA47 (V.D.O. T. PROJECT 0656-034-118, C502) N42 4924"E 606.58' (ALONG R/W) DB 374 P 242 EX. 20' WA7ER ESM'T DB 786 P 1709 oW -- k48'08'38"f EX. 15' SNEN. GAS ESA/'T DB 819 P 541 _M__ ---� 250.2934#—N45 23'45"E— "�"' ""'"" 14 1 80.34' 19.87' 67.38' 1 50' ROAD EFFICIENCY BUFFER —I DB 358 1' 357 1 (No structures are permitted within o a the Road Efficiency Buffer) z 491 a LOT 50 =� LOT 51 �`% T o� aim 1 00 i 12, 563 SF I� 16,102 SF �,� Nam o, _ I� o� #102 o� �N= 1 z10 LOT 52 1 I "�N 1 1104 41.3'--� 13,674 SF j ` cnm aNV, `20' SAN. SEWER EASEMENT' N z� "''+'` • •'''`"' 20' WATER CAC MENT CS�_ N 17' WATER EASEMENT $37 300� �0 �°p ORCHID COURT - 50' R/W a m Q N42 51'04"E 422.79'00 `vi I 78.34' 2 3 ��("5') / 1 0 3 o I F 00 # 5 �: ' < 4 LOT 53 I 1 561 1 1 1 1 Flo I z� 120160 F 17,795 SF cOo Jo 103 I ^ LOT 54 'ems` 4 z• , 16,852 SF �20' DRAINAGE EASEMENT t 20 SAN. SEWER EASEMENT 80. 00, 168.26' 5& 47' 25.09 -- — --- — 5 S42 51'04"W 640.82' EUGENE F. & BARBARA L GROVE N DB 498 P 470 ZONED: RP USE. AGRICULTURAL FINAL PLAT �TH OF yf Briarwood Estates '`' Section 3 Stonewall Magisterial District Frederick County, Virginia P. DUANE B DATE: NOV. 13, 1998 SCALE: t'-60' FILE#. "Q \BRIARWOOD\PLATSEC3.DWG" V�Ncca r•i�.ew,� Mwt w. difford & aaodate% Inc. N0. 1285 d� - �D PLANS - � �� Nov.13, /q98 150-C Olds N g� SHEET �qti ,(pQ SURdE Ffo&ddobw& v bpi (b no--2115 0 30 60 0 120 (5 0) W7-2139 OF 5 VIRGAft t :f CCOUN1MOCL ThIN IAifnU ,Af Nis r-**j0"j0 mnoqjAo- i COMMONWEALTH OF VIRGINIA to 1A OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 04/09/99 TIME: 15:20:25 ACCOUNT: 069CLR990004013 RECEIPT: 99000005980 CASHIER: NBS RES. NN17 TYPE: DOT PAYMENT: FULL PAYMENT a INSTRUMENT • 990004013 BOOK: 933 PAGE: 917 RECORDED: 04/09/99 AT 15:19 GRANTOR: SHIHO INC EX: N LOC. CO GRANTEE: FREDERICK COUNTY VIRGINIA EX. N PCT: 100% AND ADDRESS RECEIVE➢ OF : DAVE HOLLIDAY CHECK $29.00 DESCRIPTION 1: ST DIST 2: BRIARNOOD ESTATES, SECTION 4 CONSIDERATION: .00 ASSUME/VAL: 00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 4 301 DEEDS 25.00 145 VSLF 1.00 106 TECHNOLOGY FUND FEE 3.00 " TENDERED 29.00 AMOUNT PAID: 29.00 CHANGE ANT : 00 CLERK OF COURT: REBECCA P. HOBAN DG18 (7/98) I I I I BK933PG0917 HIS DEED OF DEDICATION, made and dated this day of March, 1999, 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 November 16, 1999, known as Briarwood Estates, Section 4, AND BEING the same property that was conveyed to SHIHO, INC. by deed dated _2,t, 199_?as recorded in Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 33 at Page -4—U-4 and Deed Book 9 33 at Page On l , respectively. 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 W17NESSETH. 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 4, situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated November 16, 1998, 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 5. "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., its successors and assigns. MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any BK933PG09I8 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 OFDIRECTORS The affairs of the association shall be managed by aboard 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 PROPERTIES Section 1. Member's Easements of EnjoXment: 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 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. BK933PG0919 (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 Snace(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, 2000, the maximum assessment shall be $100.00 per lot. (a) From and after January 1, 2000, 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 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 CaRital Improvements: In addition to the annual BK933PG0920 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 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in 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 1he 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 open space(s). 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. 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 PropejU: 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. BK933PGO92 t 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. 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 BK933PG0922 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. S. 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 �,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 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, 8K933PG0923 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. No structures are permitted within the Road Efficiency Buffer, which requires screening, all as indicated on said plats. 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 4, 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. 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, BK933PG0924 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. Individual site plans are required for Lots 59, 65, 66, 70, 71, 75 and 76 prior to issuance of building permits. 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 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.;.-' DAVID-1%-�LLIWY, President BK933PG0925 STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this �- day f March, 1999, by David B. Holliday, who is President of Shiho, Inc., a Virgi A corp�von behalf of the corporation. NOTARY PUB2< FOR THE STATE OF VIRGINIA My commission expires: J V.SE_ ii a' ; N� 6K933PG0926 FINAL PLAT Briarwood Estates Section 4 Stonewall Magisterial District Frederick County, Virginia Vol �\Ilj spill 714-Nk �V r VieWty Ygp APPR VED BY Frederick County Sanitation Authority z2;&4 _ Date / zloli Subdivision Administrator Virginia Dept. of Transportation Date /z - 3--� i 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 desires of the undersigned owners, proprietors, and rustees, if any. C Date N ARY PUBLIC 1, ate— I A."4C-E a Notary Public in and for the State of Virginia, at large, do certify that S6 1 No , L. whose names are signed to the foregoing Owner's Certificate, have acknowledged the some before me in my state. Given under my hand this— ?___ day of .�, 4"&.— My. commission expires SURVEYOR'S CERTIFICAT l hereby certify that the property contained i th's the sa� a property that was conveyed to SHIHO, INC. by deed dated M & 199 a portion ion of the property that was conveyed to SHIHO, INC. by deed dated �W Ad 1199-9 as recorded, in the Off' �f the Clerk of the ircuit Court of Fr derick County, Virginia in Deed Book 93 3 at Page Q�i� and Deed Book at PogeQ�n respectively. TH OF D P. Duane Brown, L.S. The property represented herein is a portion of the property shown on P. DUANE !Z Frederick County Tax Map 55((A)) as Parcels 184� and 184_. V n BROWN 9 DATE: NOV. 16, 1998 11 COVER SHEET I FILE#: C: \BRIARWOOD\PLATSEC4.DWG NO, 1285 g8bert w. difford & assoclatoo, Inc. <hi /G, /998SHEET � ENGINEERS — LAND PLANNERS — SURVEYORS 1 qND SUFt jS1 UP-C Okla QroonMlah Mai 200 North Oanoron Strad OF `Fond�lalabrrg Vko* 22401 0"ho".r. VkgYik 22001 5 (ago) Od7- 39 BK933PG0927 Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 327.00' 74.94 37.63 74.77 N4974'58"E 13'07'48" 2 354.00' 66.49' 33.34 66.40' N50'36'00"E 10'45'44" 3 354.00' 14.63' 7.32' 14.63' N4402'06"E 0272'04" 4 35.00' 54.98' 35.00' 49.50 N87 51'04"E 90100'00" 5 35.00' 54.98' 35.00' 49.50 NO2*08560W 90 00'00" 6 25. 00' 22.39 12.01 21.65 N68'30'36 "E 51 *19'04" 7 55.00' 61.07' 34.11' 57.98' N6271'41 "E 63'3654" 8 55.00' 52.94' 28.72' 50.92' NO2'5849"E 55'08'50" 9 55.00' 62.72' 35.26 59.37 N5715'38"W 65'20'04" 10 55.00 45.33 24.04 44.06 S66'27 42 W 47'1316 11 55.00 49.26' 26.42 47.63 S1711'32'W 5119'04" 12 25.00' 22.39' 12.01 21.65 S1711'32"W 5119 04" 13 35.00' 54.98' 35.00 49.50' S87'51'040W 90100'00" 14 35.00 54.98' 35.00 49.50 S020856"E 90'00'00" 15 300.00 29.67 14.85 29.66' S45 41 05'W OS 40'02" 16 300.00 39.07 19.56 39.05 S5214'59'W 077746" Area Summary Area in Lots 5.7644 Acres MINIMUM SETBACK REQUIREMENTS Area in Open Space 0.2039 Acres FRONT = 35' Area in R/W 1.4047 Acres REAR = 25' _ TOTAL AREA SUBDIVIDED 7.3730 Acres SIDE = 10' Number of Lots 19 ' Average Lot Size 13,216 Sq. Ft. Smallest Lot Size 12,001 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 59, 65-66, 70-71 and 75-76 prior to issuance of Building Permits per Frederick County Department of Inspections and/or Frederick County Department of Public Works. FINAL PLAT NTH °p 4f Briarwood Estates ow Section 4 ''� Stonewall Magisterial District Frederick County, Virginia P. DUANE O BROWN � DATE: NOV. 16, 1998 CURVE TABLE FILE: "C: \BRIARWOOD\PLATSEC4.DWG" v� �uc,.wc.� gNbert w. dIfford Inc. NO. 1285 ENGINEERS - LAND PLANNERS Nov. /to, /998 150-C Olds Odd fltdXW0MM yr00 AIM 200 Nw* Om - - g� Whidula, Vk9bib "NM SHEET 2 2 (I% SURVE�aP- (8�0) rile-M18 (5/0) W7-2130 OF 5 BK933PGO928 PROPOSED BRIARWOOD ESTATES N SECTION ZONED: RP USE: VACANT 43 44 45 N421321 "E 175- 01' 93.01' 82.00' —20' DRAINAGE EASEMENT to 3 i �A W 42 0''^ LOT 59 �`' LOT 60 Z�� .:1 12,883 SF i- IZ249 SF I� 1203 N y �� i w S555852 W53 v, 5¢ R/W , h W� pV Cr Q� 41 m W Aim 52.37'`f"60. WHITE 4 6X I _ N42'S1'04"E 5 OOr 127 �N 1 GOLDENROD ROAD - 54' N5538'52T 14.59' N42*51'04"E 174.37' 4.12' WATER EASEMENT �,-5' Sg' 2 r- � LOT 77 4 40 Z 12,400 SF ' 80.00' V., I - `:11 r20' SAN. SEM1:R EASEMENT ,204 f206� $ LOT 76 11LOT 75I o 12,001 SF 12,037 SF 55 A-184_ I f 5 5 A-184 AGE EASEMENT , i 80.00, ;: �.:.„� 82.00' 1 39 GREENWOOD ROAD REALTY PARTNERSHIPI ZONED: ROB 6USE P AGRICULTURAL 'Tx of y r P. DUANE O BROWN NO. 1285 Nov. 1998 <q�o SURVS 4 OREl i 735.82' 10' 27.0 58 I62 d- � N O V W— aW I o Q ^ t 174 w I EUGENE F. & BARBARA L. GROVE ZONED: RP USE: AGRICULTURAL DR 498 P 470 FINAL PLAT Briarwood Estates ovw Section 4 Stonewall Magisterial District Frederick County, Virginia DATE: NOV. 16, 1998 SCALE: • 1"-60' IFILEf C:\BRIARWOOD\PLATSEC4.DWG gq1bert w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150-C we oewnd* OrM 200 Nash Camas Sb*d SHEET fFrONi-, d -- V110 224M MAndarbr, VFgbb Z MM 3 (810) US-2115 0 30 60 120 (W) 667-213 OF ■ 5 BK9 3 3PG09 29 n WHITE C,�OVEI? DRIVE 46 1 54 R1W` 1 I 2 7. 0012 7. "F aW LO z �—j O 58 N42*51 95.00' 25' WATER EASE 60. 00' I 0 BRIARWOOD ESTATES — SECTION 3 ZONED: RP USE. VACANT 57 I 56 /55 735-82' 80.00_ F0137 LOT 63 LOT 64 nI-C IZ160 SF c-4 IZ160 SF 12 .3 LO LO 1"t J303 L305 =15' SAN. SEWER EASEMENT 0' GOLDENROD ROAD - 50' N42*51'040E 453.54' 65 14WATER EASEMENT 001: r— J-304 ILI 75 LOT 74 LOT 73 LOT 72 C'i 71 14,177 SF —1 12,160 SF 12,160 SF WATER EASEMENT L -J 2ZffL27 -pp-'t"Jjj 0 P. DUA E ;.A O BROW NO. 1285 Nov. leol /?Ve, N'4�0 sumjs'-O�/ ............ 95. 00' 80.00, S42*51'04"W 913.56' EUGENE F. & BARBARA L. GROVE ZONED: RP USE. AGRICULTURAL D6 498 P 470 LO LO mmmkmpm�� DRAINAGE EASEMENT FINAL PLAT Briarwood Estates o%; Section 4 Stonewall Magisterial District Frederick County, Virginia DATE: NOV. 16, 1998 1 SCALE: - 1"-60' IFILET C: \BRIARWOOD\PLATSEC4.DW = w. dlffwd doassockrUm Inc. ENG, S - LAND PLANNERS - SURVEYORS 150-C a& grosnwkh adw 200 NWO ON'- - St*d SHEET 01 %re" 3240 a %jrgbft 2m 4 (540) M-MIS 0 J0 60 120 (50) WY-2130 OF 5 91 56 55 80.0( L_ L307 80.00' BK933PG0930 PROPOSED BRIARW00D ESTATES N SECTION ZONED: RP USE: VACANT I54 _ N42 51'04"E 735.82' 91.54' — — 135.1 20' DRAINAGE EASEMENT LOT 65 LOT 66 I LOT 67 IZ160 SF 12,839 SF ^ 14,335 SF 09,,�� 11 10 '29.09, 12 20' WATER EASEMENT 11 GOLDENROD ROAD N 50' N4251'04"E 4535* 1--14' WATER EASEMENT �:' 80.00 29.09' :. 6 I -A88 7 3 4 53 on mar ," (46.77) 25. 09 5 q �, f� f go q� 2 N � DRAINAGE ASEMENT om Z f f o0:, o�m 6 m� A z O LOT 68' fl' ,IZ868 1r' v a ci �w ni ni ! 2.5' I}rf cnf cwi+ 1306 I :--20 DRAINAGE EASEMENT 20 DRAINAGE EASEMENT LOT 71 LOT 70 IZ160 SF 15,929 SF ��n3 rn a r (N5022'05"W 44.50') { (N0530'431E 32.54) _ (61.36) 8• . 1 12' ' 10' DRAINAGE EASEMENT S42 51'04"W 913 56' LOT 69 f 18,256 SF 9 20' SAN. SEWER EASEMENT 12Z35' 25.09 EUGENE F. & BARBARA L. GROVE 10 ZONED: RP USE: AGRICULTURAL DB 498 P 470 FINAL PLAT NTH OF `f Briarwood Estates ~Section 4 Stonewall Magisterial District Frederick County, Virginia P. DUANE DATE: NOV. 16, 1998 SCALES 1 "i60' FILE#: C:\BRIARWOOD\PLATSEC4.DWG O BRAWN yq U�•O N`c�,,.�. ENGINEERSw, LAND Pass tek Inc. PLANNERS — Noy. /G, /998 150-0 Olds 0"wMah Drlw 200 Nam 00ew°° SWA SHEET Fftdwmmml oF` � vvomo � � mis 0J0 60 12 s-gti0Suo.rOF 5 VIRGN&- OOW11i:CC This IngrwMM pl � Y� YA ��dw d _s 10 r-� .. .. �1taA R.Wae�,� Sirr-r1O1.1 �„ SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: L4000*� title "Subdivision Design Plan for " llbk/A kWwb LMIAIFt Qfcc -n aJ 2 0 with a notation of all previous names of the subdivision. VOL original property identification number. page number and total pages on each page. _V00010, name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. day, month and year plan prepared and revised. North arrow. /" name of the Magisterial District where located. V- zoning of all land to be subdivided. 10 boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. [4X names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. AVE LOF : i3zo'7 A1Iw! i 0!: M voo 10 o� tay.c ®a Mbp fors p67- ma icw Sic. ALAN ,IIcZFAG( .S.S -A - /S44 3 d• 3z l�� 6 mac,. Zi location and area of each parcel of common open space and / the total area of common open space. V location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. V existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and / design details. t/ stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed / facilities. (/ proposed grading plan including spot elevations and flow arrows. V cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. V locations, dimensions and cross sections of existing and proposed sidewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all / one -hundred -year flood limits as mapped by FEMA. ►`/ location of all land to be dedicated or reserved for / public use. V location of required setback lines on each lot. ,T— location of proposed recreational areas and facilities. location of proposed buffers and screening with details, locations and types of p an s and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 gilbert w. clifford & ass,..iates, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO: WE ARE SENDING YOU ❑ HAND DELIVERED ❑ SHOP DRAWINGS ❑ COPY OF LETTER COPIES DATE Xa ATTACHED CHANGE ORDER PRINTS ❑ PLATS LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 6/26/98 ATTENTION Eric Lawrence RE: Rrinrwnnd Siihdiukinn UNDER SEPARATE ❑ THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS 71 PLANS x I OTHER DESCRIPTION 1 Application Fee in the amount of $9,730.00 1 Application and Checklist 1 Construction Drawings x❑ ARE TRANSMITTED ❑ APPROVED/SUBMITTED ❑ RESUBMIT___ FOR APPROVAL X FOR APPROVAL APPROVED/AS NOTED ❑ SUBMIT___ FOR DISTRIBUTION ❑ FOR YOUR USE RETURN/CORRECTIONS ❑ RETURNED_ CORRECTED PRINTS ❑ AS REOUESTED ❑ RETURNING TO YOU © FOR REVIEW or COMMENT ❑ RETURN/WITH SIGNATURES ❑ FOR BIDS DUE ------------ 19___ REMARKS Cam' C O f6r- , �0•oo COPY TO: Dave Holliday SIGNED Stephen M. Gyurisin REV. 2.0 '. I3�Ii�1.J4Jfaii 'S4C3.�iJr-i'u" COMMONWEALTH of VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG. VA 22824 COMMISSIONER October 19, 2000 Mr. Dave Holliday P. 0. Box 2715 Winchester, VA .22604 Ref: Briarwood Estates Sections 1, 2, 3 & 4 Route 656, Frederick County Dear Mr. Holliday: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (5-O)984-5607 In response to your letter dated October 2, 2000 requesting VDOT prepare for the addition of the referenced development, we have completed a walkthrough inspection of all four sections and compiled a punch list of items that will need corrected and/or completed prior to acceptance. Also as you mentioned, the following will be required to be furnished to VDOT prior to establishing an addition date and the adoption of the Board of Supervisors resolution: 1. Three (3) copies of as -built construction plans. 2. Three (3) copies of the recorded final plats with date and place of recordation, deed book and page number. 3. Signed quitclaim permits covering all utilities, publicly and privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. Attached is the aforementioned punch list. Once these items are completed, I can then schedule a re -inspection. Please call me at (540) 535-1828 should you have further questions. Sincerely, Dave A. Heironimus, Hwy. Permits & Subd. Specialist Sr. IECEIVE® DAH/rf OCT 2 7 2000 Attachment xc: Mr. Jerry King, Mr. Kris Tierney PLANNING/DEVELOPMENT PUNCHUST N Briarwood Estates, Sections 1, 2, 3 & 4 October 19, 2000 SECTION 1 Orion Court * Replace broken sidewalk at House #105 * Replace broken sidewalk at House #101 Farmington Boulevard * Replace broken entrance at Lot #1 * Replace broken section of CG-12 ramp, north side of Greenwood entrance *- Replace broken sidewalk at House #102 * Install VDOT Type III Barricade at end of Farmington Boulevard SECTION 2 Lily's Way * Replace broken CG-12 at Lot #42 * Replace broken sidewalk at Lot #42 * Replace broken sidewalk at House #300, 48' right of entrance * Replace broken sidewalk at Houses #203, #205 and #209 * Replace broken sidewalk at House #302, 24' right of entrance * Replace left side of entrance at House #302 * Replace broken sidewalk at House #304 * Replace broken sidewalk left and right of entrance at House #308 * Replace broken sidewalk left and right of entrance at House #311 * Replace broken CG-12 section at House #311 * Replace broken left half of entrance to House #303 * Complete construction of Lily's Way to Station 18+30± SECTION 3 Orchid Court * Replace broken CG-12 at House #100 * Replace broken right side of entrance at House #100 * Replace broken sidewalk at House #102, right of entrance * Replace broken sidewalk at House #104, right of entrance * Replace broken left side of entrance at House #111 * Replace broken sidewalk at House #109 * Replace broken sidewalk at House #107 * Replace broken sidewalk at House #105 * Replace broken sidewalk at House #103 SECTION 4 i White Clover Drive * Complete construction of White Clover Drive for connection of the entrance at Greenwood Road, Route 656 (to be full constructed to 70' from existing edge of pavement of Greenwood Road) * Complete construction of White Clover to Station 7+60 as shown on plans for Section 4 * Replace broken CG-12 section at Lily's Way Goldenrod Road * Replace broken sidewalk at House #302 * Replace broken CG-12 sections at House #207 * Replace broken sidewalk at House #203 * Replace broken sidewalk at Lot #70 * Replace sunken sidewalk at Lots #77 and #76 property line * Replace broken sidewalk at Lot #76 SECTIONS 1, 2, 3 & 4 * Replace any stop signs that are faded * Reset stop signs that do not meet VDOT standard of 7' from top of curb to bottom of sign Orl I L (f-j%Ccjjjooa (6Ao 1 Arli J m F . Q e►S i ow c'T a -. V S"7 nF iE Ti, : S(c.rJpkL(-E tJ:r.&rrc..-4 AGnE,f^oJr- --% -rq P &-•c / g-1 FNr 74kA e-Ajf s .. . AT- (:�-^*, Akd dob 1 /d OOo !ZC- s 1 PIZ G 2fc��A7►i� S E-100 R,oaa �S*bvcxw4l d) Sig Pw r- Q & ff 4'r.Scher, ;.,3 cl e lg; Ir V/ G %zTfe-4 na corf4cAiodr -(�K) 6rf:e-t^U0oI ZcAb. ® Op E N S PO4.�. 01 4CAEAC-E Fo.. 4 �A' I- N SEc'n aA o F ©+ £ N SPAC-! "opT d "ro'rAt.. `4or Clp,w&• ASS M'a P &sr- -it^ c. a,%� ,-►, of s .. t , P Ailagua,i de.0 wr COUNTY of FREDERICK '11viDepartment of Planning and Development 5401665-5651 FAX: 540/678-0682 mer earl August 6, 1998 �-"E G., .�- Ror l M•S�ti.l� C-+ Stephen Gyurisin G.W. Clifford & Associates 200 N. Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates, Section 2 Subdivision Design Plan #014-98 Dear Steve: I have reviewed the above referenced subdivision. The follow design issues should be addressed on this plan. Please: 1. Modify road system to reflect that illustrated on the approved Master Development ,� Plan (MDP). The MDP for this project was approved by the County on June 28, 1998; it contained Mayapple Court and Yarrow Court. The submitted subdivision plan does not contain either of these courts. If you intend to utilize the road system illustrated on this design plan, the MDP will need to be revised. Revisions of this nature to the MDP may be accomplished administratively. 2. Confirm the total acreage for Phases H and III. The MDP shows a total of 80.85 acres for these two phases; this design plan indicates 81.26 acres. 3. Correct the amount of open space to re cluded in the approved MDP. The approved MDP includes a total f 12.34 a s of open space. This subdivision submittal only contains 11.5052 acres ope space. Also, provide the acreage for each open space area. �S 4. Detail the Road Efficiency Buffer. The approved MDP contains -foo Reduce Road Efficiency Buffer with Landscape Screening along Greenwood Road, running the entire lenght of Phase H. This -buffer should be provided on the subdivision design plan. Also, please provide details of the landscape placement within these buffers. 5. Remove lot areas from the Road Efficiency Buffer. There is adequate open space presently reserved east of Foxglove Drive; this front half of the development could be shifted east to make open space available along Greenwood Road. As a result of this shift, the Road Efficiency Buffer could be located within open space area. // 107 North Kent Street • Winchester, Virginia 22601-5000 v Page 2 Gyurisin, Stephen RE: Briarwood Estates, Section 2 August 6, 1998 6. Correct street names to reflect those previously approved. These two name corrections are: Foxglove Drive and Teaberry Drive. The incorrect street names appear throughout the subdivision design plan. Please correct all street name references. 7. Provide a copy of the proffers associated with the property's rezoning from RA (Rural Areas) to RP (Residential Performance.) 8. A proffered condition states that no more than 87 lots will be recorded until the Greenwood Road improvements begin. Please delineate these 87 lots; note that 20 of the lots were included within Section I. 9. Indicate the area to be dedicated for use in the Greenwood Road improvement project. 10. Indicate the location and specifications of street signs, stop signs, and street lights. These improvements should be provided at the intersections of all roads within this development. 11. Sidewalks are required along collector streets; Greeenwood Road is classified as a ' major collector in the Frederick County Comprehensive Policy Plan. Therefore, a sidewalk should be constructed along Greenwood Road. Please address the above issues and resubmit the revisions for review. Once all agecny comments have been reviewed and approved, this subdivision design plan will be appropriate for approval. At that time, it would be appropriate to begin drafting the final subdivision plats, and the deed of dedication. I am avialable to address questions concerning this letter. Since ly, Eric R. Lawrence, AICP, CZA Zoning Administrator cc: Dave Holliday, SHIM, INC. U:\ERICICO%IMON\SUBDI V IS\B RIAR W D2. RE V REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department Attn: Building Officials 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester if you prefer to hand deliver this review. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc., 200 N. Cameron Street, Winchester, Va. 22601, (540) 667-2139 c/o Stephen Gyurisin Name of development and/or description of the request: Briarwood Estates Section II Location: East side of Rt. 656 (Greenwood Road) midway between Rt. 657 (Senseny Road) and Rt. 659 (Valley Mill Road) Comments are on the back of this form. Inspection Department's Comments: Code Administrator Signature and Date: �p (NOTICE TO INSPECTIONS DEPT.*PLEA RETURN THIS FOR APPLICAN .) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. FECE�:.,,� FR - - ' r. ENGiNEEIrv(-, ?F'TIr Building shall comply with the Virginia Uniform Statewide Building code and section310, use group R (Residential) of the BOCA National Building Code/1996. Please indicate the placement of the lowest floor elevation on lots #75, #76, #101, #55, #56 and #57 due to the easment's and the base trench elevation of the crossing systems. Lots #151, #137 and #179 shall require testing of placed fill materials according to chapter 17 BOCA. Reports shall be submitted at the time of building permit application. Site plans shall be submitted on the lots indicated on item #10 on Mr. Wilder's comment. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 17, 1998 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron street Winchester, VA 22601 Dear Ron: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Briarwood Estates, Section II Route 656 (Greenwood Road) Frederick County This is to acknowledge receipt of your revised plans dated 08/06/98 (received 08/10/98) for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. We have no objection to Items 1 & 2 of your revision letter dated August 4, 1998. VDOT will withhold final acceptance of this project pending satisfactory resolution of those items. I offer the following comments: 0 A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky Ref: Briarwood Estates, Section H August 17,1998 Page #2 • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. Please provide five sets of signed and approved plans for VDOT distribution. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on Standard RFD-1. • Private entrances will be installed in accordance with Standard CG-913. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all drainage easements and right-of-way dedications required to implement this project should be provided for VDOT review and comment prior to issuance of any land use permits. Should you need additional information, do not hesitate to call. Sincerely, 1�� � Barry J. Sweitzer, Trans. Road ay Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Terry Jackson / Attn: Guy Tudor (w/ copy of approved plan) Mr. Kris Tierney Ms. Kim Holliday, Chairperson - Fred. Co. Utility Coordinating Committee • • • MO• u r Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St., in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates Inc. 200 N. Cameron Street Winchester, Va. 22601, (540) 667-2139 c/o Stephen Gyurisin Name of development and/or description of the request: Briarwood Estates Section II Location: East side of Rt. 656 (Greenwood Road) midway between Rt. 657 (Senseny Road) and Rt. 659 (Valley Mill Road) Virginia Department of Transportation Comments: No objection to the subdivision of this property. Before development, this office Will require a complete set of construction plans for review. tntrances Will hay/ n +n hp cnn-,tri irtori to VnnT mi ni mi im standards tn al 1 ow for Safe egress and ingress of the property. See attached letter from VDOT to fir. Ron Mislowsky UQ I.GU VU/ I 1 / -* VDOT Signature and Date: 19 Trans. En ineer 08/17/98 (NOTICE TO RESIDENT ENGI PLE SE RETU HIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach three (2) copies of your application form, location map and all other pertinent information. gilbe_ . w. Clifford & associa.:,s, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality August 4, 1998 Barry Sweitzer VDOT of Edinburg 14031 Old Valley Pike Edinburg, VA 22824 Re: Briarwood Estates Dear Barry, r r 171 t 'i� sT. i L)! 5 •Y AUG 1 0 1�0 S c as-n f: Board of Directors: President: Thomas J. O'Toole. P.E. Vice Presidents: Charles E. Maddox Jr.. P.E. Earl R Sutherland, P.E. Ronald A Mislowskv, P.E. David J. Saunders. P.E. Directors: P. Duane Brwvn. L.S. William L. Wright Michael A Hammer Thomas W. Price I've attached two sets of revised construction drawings for Briarwood Estates Section 2 through 9. We've revised the plans per your comments. Those changes are highlighted on each. We also offer the following - I. Culvert sizing — C 31, 32, 35. We have reviewed our drainage calculations and pipe sizing determination. In our opinion, the pipe has been sized correctly. In fact we feel the sizing is conservative. We understand that the unit hydrograph methodology, which we employ, is more accurate than the rational method, which was probably utilized by Greenway during their initial design. As a 60" culvert is provided at Woodrow, a 54" culvert 1100 + feet upstream seems appropriate. 2. Guardrail station 23 + 50 to 24 + 50 Lilys Way. We are providing a curb and gutter section and revised the grading to relocate the sloped area outside of the right-of-way. These slopes do not exceed 3:1. It is our opinion that guardrail is not required in this area. We would be willing to reconsider a VDOT guardrail requirement after having had a chance to review the as built condition in the field. 3. End sections. While the required culvert end sections are not called out on the utility plans, they are specifically required at each culvert daylight invert on the storm sewer profiles. We have added a note on each utility plan referring to the ES-1 requirement and also the storm sewer profiles. 4. Gutter flow spread. We have gone through the calculations to revise the throat lengths to provide spreads of less than 9 ft where possible. In a few cases, near and in fillets, we've kept the throat lengths to a minimum. P. O. Box 78L 150-C Olde Greemiich Drive, Fredericksburg, Virginia 22404 (540) 898-2115 Fax (540) 662-1331 e-mail 200 North Cameron Street. Winchester. Virginia 22601 4AM (540) 667-2139 Fax (540) 665.-0493 e-mail g,i-cliff,�imnsinc.com .1lemhcr.-lnnrican ConsultiirgFhginccrc Council XIFIIIIr INFORMATION NEEDED PRIOR TO ACCEPTANCE OF SUBDIVISION STREETS INTO STATE SECONDARY SYSTEM Subdivision streets may be considered eligible for acceptance into the State Secondary System when: • Built according to plans approved by the Department of Transportation, properly maintained since completion and • Rendering a public service [serving three (3) occupied dwellings or three (3) businesses per street]. THE FOLLOWING WILL BE REQUIRED TO BE FURNISHED TO THE COUNTY PLANNING DEPARTMENT AT LEAST THIRTY (30) DAYS PRIOR TO ADOPTION OF THE RESOLUTION BY THE BOARD OF SUPERVISORS REQUESTING THE ADDITION: 1. Three (3) copies of as -built construction plans showing: • Roadway Geometrics • Drainage & Drainage Easements 2. Three (3) copies of the final plat with date & place of recordation, deed book number and page number. 3. Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule.) 5. Maintenance Fee - check payable to the "Virginia Department of Transportation". This fee is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 39'). No maintenance fee is required if the addition is effective July 1". (See reverse side for schedule.) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE DEPARTMENT OF TRANSPORTATION BY THE IST OF THE PRECEDING MONTH. (30 DAYS) i �srr— ACUTE ANGLE INTERSECTION I --MINIMUM 6' L6 TO If MINOR CROSSROAD - t t.v2 MI 11 �1 .1U � t 1 6' TO 12' + �r D1VIS; NA ISLAND 6' TO if CHANNELIZED INTERSECTION URBAN INTERSECTION WIDE OAT INTERSECTION )l,f!L si :�,--s_ Po-losic;-: SIGN RUR-*L DISTRICT I RO-10510E SIGN RUR-L DISTRIC7. Icy LE* a say D WA F -N I N G SIGN ualr 50 WITH ADVISORY ROADSIDE SIGN SPE—ED PLATE BUSIN-Ss OR i RURAL DISTRICT RESIOENCZ: DISTRICT I < ---------- ;7 ROADSIDE ASSEM3LY AUR-'L DISTRICT ',Y—`Nl,"-'G SiGN 3 15 CISL-'.'iO Ul Id -N 1.1i 7)4.-- LINE OF TRAFFIC ni 2 o AD OVEF�iEE MOUNMNG gilbert w Clifford & as, fates, inc. 200 N. Cameron Street Winchester, Virginia 22601 540-667--2139 Fax:540-665-0493 e-mail: gwclif�a�tnsinccom To: Frederick Co. Sanitation P.O. Box 1877 Winchester, VA 22601 We are sending you aHand Delivered 0 Shop Drawings 0 Copy of Letter a Attached Change Order x0 Prints 0 Plats LETTER O 'RANSMITTAL Present Date Job o.. 08-07-98 y ,. , ' ! .1 Attention: John Whitacre Re: Briarwood Section H — revised Under Separate via Samples 0 Plans the following items Specifications Other Copies Date Description 2 08-07-98 Prints/plans Briarwood Section II -- revised x7x Are Transmitted Q Approved/Submitted F--] Resubmit for Approval 0 For Approval F--] Approved/As Noted 0 Submit for Distribution x0 For Your Use 0 Retum/Corrections 0 Returned Corrected Prints As Requested Loan Print/Return aFor Review or Comment Retum/with Signatures For Bids Due 19 Remarks :2/Yo R /cV vL"4 5 vc 50E-.0 /'0 0,00c, Copy To: Signed Ronald A. Mislowsky 5� AAY IVv:,C.- of 4,99 w--NZ- -- ,yteO07- .'% Rev 3.0 S" 9 -q 3i 10i97 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 August 31, 1998 Mr. Jason Thomas Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates, Section 2-9 - Subdivision Comments Frederick County, Virginia Dear Jason: Upon review of the subdivision plan for the subject plan dated August 25, 1998, we offer no additional comments. All of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any additional comments, do not hesitate to contact me. Sincerely, C1�1� C�� '1 Joe C. Wilder � �' ) Engineering Technician Department of Public Works JCW/kch CC' Frederick County Zoning Administrator file 107 North bent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/678-0682 August 6, 1998 Stephen Gyurisin G.W. Clifford & Associates 200 N. Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates, Section 2 Subdivision Design Plan #014-98 Dear Steve: I have reviewed the above referenced subdivision. The follow design issues should be addressed on this plan. Please: Modify road system to reflect that illustrated on the approved Master Development Plan (MDP). The MDP for this project was approved by the County on June 28, 1998; it contained Mayapple Court and Yarrow Court. The submitted subdivision plan does not contain either of these courts. If you intend to utilize the road system illustrated on this design plan, the MDP will need to be revised. Revisions of this nature to the MDP may be accomplished administratively. 2. Confirm the total acreage for Phases II and III. The MDP shows a total of 80.85 acres for these two phases; this design plan indicates 81.26 acres. Correct the amount of open space to reflect that included in the approved MDP. The approved MDP includes a total of 12.34 acres of open space. This subdivision submittal only contains 11.5052 acres of open space. Also, provide the acreage for each open space area. 4. Detail the Road Efficiency Buffer. The approved MDP contains a 50-foot Reduce Road Efficiency Buffer with Landscape Screening along Greenwood Road, running the entire lenght of Phase H. This buffer should be provided on the subdivision design plan. Also, please provide details of the landscape placement within these buffers. Remove lot areas from the Road Efficiency Buffer. There is adequate open space presently reserved east of Foxglove Drive; this front half of the development could be shifted east to make open space available along Greenwood Road. As a result of this shift, the Road Efficiency Buffer could be located within open space area. 107 North Kent Street • Winchester, Virginia 22601-5000 I , Page 2 Gyurisin, Stephen RE: Briarwood Estates, Section 2 August 6, 1998 6. Correct street names to reflect those previously approved. These two name corrections are: Foxglove Drive and Teaberry Drive. The incorrect street names appear throughout the subdivision design plan. Please correct all street name references. 7. Provide a copy of the proffers associated with the property's rezoning from RA (Rural Areas) to RP (Residential Performance.) 8. A proffered condition states that no more than 87 lots will be recorded until the Greenwood Road improvements begin. Please delineate these 87 lots; note that 20 of the lots were included within Section I. 9. Indicate the area to be dedicated for use in the Greenwood Road improvement. project. 10. Indicate the location and specifications of street signs, stop signs, and street lights. These improvements should be provided at the intersections of all roads within this development. 11. Sidewalks are required along collector streets; Greeenwood Road is classified as a major collector in the Frederick County Comprehensive Policy Plan. Therefore, a sidewalk should be constructed along Greenwood Road. Please address the above issues and resubmit the revisions for review. Once all agecny comments have been reviewed and approved, this subdivision design plan will be appropriate for approval. At that time, it would be appropriate to begin drafting the final subdivision plats, and the deed of dedication. I am avialable to address questions concerning this letter. Since ly, Eric R. Lawrence, AICP, CZA Zoning Administrator cc: Dave Holliday, SHIHO, rNC. U:\ERIC\COhfMON\SUBDIVIS\BRIARW D2. REV P COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 July 17, 1998 Mr. Ronald A. Mislowsky, P.E. Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates, Section 2 - Subdivision Comments Frederick County, Virginia Dear Ron: Upon review of the subject subdivision plan, we offer the following comments: 1. Sheet 2 of 5 Show details of the underdrains and their connections into the drop inlets. 2. Place a note on the plan that placement of street signs in the subdivision will be required prior to issuance of any building permits. 3. Sheet 4 of 15 It will be necessary to place detention pond II within a dedicated drainage easement as well as all on -site drainage culverts and ditches. In addition, all outfalls from the detention ponds and culverts need to be discharged into drainage easements until an adequate channel is available downstream. These off -site easements need to be submitted to this office prior to issuance of a land disturbance permit. 4. Sheets 5 and 6 of 15 Place additional silt fence or diversion berms at the locations indicated on the plan. 5. The plan indicates that culvert number 31 will discharge directly onto a lot in the Carlisle Heights subdivision. It will be necessary to discharge the concentrated stormwater into a dedicated drainage easement. Provide drainage calculations to ensure that an adequate drainage channel exists on this lot in Carlisle Heights until it drains into the major drainage divide. 107 North Kent Street • Winchester, Virginia 22601-5000 k Briarwood Estates, Section 2 Page 2 July 17, 1998 6. The stormwater calculations indicate that the stormwater management pond is designed to attenuate the ten-year storm. We recommend that the pond be designed to attenuate the two-year design storm as well. In a previous discussion with Jason, I indicated that the parameters of the basin as currently designed are such that attenuating the two and ten-year storm could create an increase in the backwater level. However, an increase of 33 cfs for the two-year storm will cause problems with erosion and flooding downstream in Carlisle Heights. We request that you contact this office after performing additional analysis to discuss this issue. 7. The outlet from culvert number 32 will discharge into the existing drainage channel. This water will be routed through a 54 inch RCP pipe which will increase the velocity and flow characteristics of the stream. Therefore, we recommend that the downstream channel be graded to form a straight channel section to the stormwater pond. 8. During storm events, lots 148, 149, 150, 151 and 152 will be impacted by the backwater created from stormwater pond I. It will be necessary to place a drainage easement along these lots up to the 100-year elevation of the pond. In addition, indicate the lowest floor elevations for each of these lots on the subdivision plan. Lot 151 will require reevaluation to determine whether the lot is actually buildable due to the possible potential for flooding. 9. The plan indicates that additional fill will be placed on lot 137. This measure will cause the grade to exceed 3:1 ratio. A slope stability analysis as well as compaction reports and a letter from a professional engineer which certifies that the fill has been placed in compliance with the Virginia Building Code requirements will be required when applying for a building permit. Place a note on the subdivision plan stating this requirement. 10. The following building lots will require an individual site plan at the time of application for building permit: 5, 6, 9, 10, 15, 16, 17, 19-22, 27, 34, 35, 36, 51-58, 69, 70, 71, 73, 93, 98-103, 105-107, 111-115, 120-122, 136-140, 146-156, 163, 164, 168, 169, 176-179. 11. The area delineated as off -site one drains directly onto a lot in the Carlisle Heights subdivision. There will be an increase in post -developed stormwater run-off which drains past these existing homes. It will be necessary to provide calculations to determine whether an adequate stream exists within Carlisle Heights to drain this additional stormwater. In addition, a 100-year storm analysis will be required to ensure that the existing homes will not be impacted by a 100-year storm event. 12. The stormwater run-off draining to existing culvert number two has an increase of 11 cfs, 11.33 cfs and 4.67 cfs for the ten-year, two-year and 100-year storm events, respectively. Briarwood Estates, Section 2 Page 3 July 17, 1998 You have not provided stormwater management in this area. Therefore, an evaluation will be necessary to ensure that an adequate channel exists in this downstream area for ten-year and 100-year storm events. An increase in the stormwater run-off has been projected. Therefore, it will be necessary to provide a drainage easement on the downstream property. 13. Determine the impact of this development within the area adjacent to lots 110 - 116. It will be necessary to contain any stormwater run-off by providing a drainage easement as well as an adequate drainage channel downstream. Also, determine the impact of culvert number four which is shown on the Carlisle Heights subdivision plan and drains back into this drainage area. 14. The stormwater analysis for pond II indicates a 100-year storm elevation of 643.32. However, minimum finished floor elevations of 642.50 have been assigned for lots 105, 106 an 107. It will be necessary to raise these elevations above the 100-year storm elevation. Also, provide minimum finished floor elevations for lots 69, 102 and 103. 15. Provide invert elevations for both detention ponds shown on the plan. 16. Sheets 7, 8, 10 and 11 of 15 It appears that conflicts exist between the storm sewer culverts and the proposed water and sewer lines at numerous locations. Review these areas to determine whether changes in the elevations will be required. Once these comments have been addressed, submit two (2) copies of the plan for further review. If you would like to schedule a meeting to discuss the comments, do not hesitate to contact me. Sincerely, w Li Joe C. Wilder Engineering Technician Department of Public Works JCW/kch cc: Eric Lawrence, Frederick County Zoning Administrator file r�� COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 August 31, 1998 Mr. Jason Thomas Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates, Section 2-9 - Subdivision Comments Frederick County, Virginia Dear Jason: Upon review of the subdivision plan for the subject plan dated August 25, 1998, we offer no additional comments. All of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any additional comments, do not hesitate to contact me. Sincerely, q e CU'n Joe C. Wilder �Iu Engineering Technician Department of Public Works JCW/kch cc: Frederick County Zoning Administrator file 107 North Rent Street - Winchester, Virginia 22601-5000 ON-1 CO �ry-j s aNC- STRUCTURE 4NllMBERING S Request/Assignment Parcel Identification Number (PIN): New/Additional Number: Road Name: Postal Service Area: OWNER: I Phone Number: Current Address: OCCUPANT: Phone Number: Current Address: REQUESTING AGENT: Phone Number: Fax Number: E-Mail Address: DATE: CALL TAKEN: WALK-IN: ASSIGNMENT: NOTIFICATION: DBASE: FILE: TIME: LS: COUNTY of FRED ERICK Depariment of Planning and Deveiopment 5401665-5651 FAX: 540/ 678-0632 May 17, 1999 Mr. Dave Holliday Holliday Construction P.O. Box 2715 Winchester, VA 22604 Re: Briarwood Estates Proffers - Revised Table. Dear Dave: I recently provided you with a table identifying those lots within the Briarwood Estates Subdivision that are required to pay proffers. Subsequent to providing you with this table, the following lots have been reevaluated and, therefore, do not require the $4,148.00 proffer: Lot # 79 Lot # 109 Lot # 130 Lot # 136 Lot # 201 This determination is primarily based upon the fact that the vast majority of the building area for each lot is located on the portion of the property that was not required to pay the proffer fee. A revised table is attached for your records. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Zoning Administrator of "l 'R1iF111 Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 Page 1 Proffers for Briarwood Estates Sections 2 - 9 Lot Number Payee Date Amount Lot 91 -- -- -- Lot #2 -- -- -- Lot #3 -- -- -- Lot #4 -- -- -- Lot #5 -- -- Lot #6 .. -- -- -- Lot 97 -- -- -- Lot #8 -- -- -- Lot #9 -- -- -- Lot #10 -- -- -- Lot #11 -- -- -- Lot 912 -- -- -- Lot # 13 --. -- -- Lot #14 -- -- -- Lot # 15 -- -- -- Lot #16 -- -- -- Lot 917 -- -- -- Lot #18 -- -- -- Lot # 19 -- -- -- Lot #20 -- -- -- Lot #21 $4,148.00 Lot #22 $4,148.00 Lot #23 $4,148.00 Lot #24 $4,148.00 T II Proffers for Briarwood Estates Sections 2 - 9 II Lot 925 $4,148.00 Lot #26 $4,148.00 Lot #27 $4,148.00 Lot #28 $4,148.00 Lot #29 $4,148.00 Lot #30 — — -0- Lot #31 — -- -0- Lot #32 -- -- -0- Lot #33 — _ — -0- Lot #34 -- -- -0- Lot #3 5 -- -- -0- Lot #36 -- -- -0- Lot #37 — -- -0- Lot #3 8 -- -- -0- Lot #39 -- -- -0- Lot #40 $4,148.00 Lot #41 $4,148.00 Lot #42 $4,148.00 Lot 943 $4,148.00 Lot #44 $4,148.00 Lot #45 $4,148.00 Lot #46 $4,148.00 Lot #47 $4,148.00 Lot 948 $4,148.00 Lot #49 $4,148.00 Lot #50 $4,148.00 Lot #51 $4,148.00 Proffers for Briarwood Estates Sections 2 - 9 Lot #52 $4,148.00 Lot #53 $4,148.00 Lot #54 $4,148.00 Lot #55 $4,148.00 Lot #56 $4,148.00 Lot 957 $4,148.00 Lot #58 $4,148.00 Lot #59 $4,148.00 Lot #60 $4,148.00 Lot 961 $4,148.00 Lot #62 $4,148.00 Lot #63 $4,148.00 Lot #64 $4,148.00 Lot #65 $4,148.00 Lot 966 $4,148.00 Lot #67 $4,148.00 Lot #68 $4,148.00 Lot #69 $4,148.00 Lot #70 $4,148.00 Lot #71 $4,148.00 Lot #72 $4,148.00 Lot #73 $4,148.00 Lot #74 $4,148.00 Lot #75 $4,148.00 Lot 976 $4,148.00 Lot 977 $4,148.00 Lot #78 -- -- -0- 11 Proffers for Briarwood Estates Sections 2 - 9 Lot #79 -0- Lot 980 $4,148.00 Lot 981 $4,148.00 Lot #82 $4,148.00 Lot #83 $4,148.00 Lot #84 $4,148.00 Lot #85 $4,148.00 Lot #86 $4,148.00 Lot #87 $4,148.00 Lot #88 $4,148.00 Lot 989 $4,148.00 Lot 990 $4,148.00 Lot #91 $4,148.00 Lot 992 $4,148.00 Lot #93 $4,148.00 Lot #94 $4,148.00 Lot 995 $4,148.00 Lot #96 $4,148.00 Lot #97 -- -- -0- Lot #98 — — -0- Lot #99 -- -- -0- Lot # 100 — — -0- Lot # 101 $4,148.00 Lot 9102 $4,148.00 Lot 9103 $4,148.00 Lot #104 $4,148.00 Lot 9105 $4,148.00 Proffers for Briarwood Estates Sections 2 - 9 Lot # 106 $4,148.00 Lot # 107 $4,148.00 Lot # 108 -- -- -0- Lot 9109 -0- Lot # 110 $4,148.00 Lot # 111 $4,148.00 Lot #112 - . — — -0- Lot #113 -- -- -0- Lot # 114 — — -0- Lot # 115 -- -- -0- Lot #116 — — -0- Lot # 117 -- -- -0- Lot # 118 — — -0- Lot #119 -- -- -0- Lot # 120 — — -0- Lot # 121 -- -- -0- Lot # 122 — — -0- Lot # 123 -- -- -0- Lot # 124 — — -0- Lot #125 -- -- -0- Lot # 126 — — -0- Lot # 127 -- -- -0- Lot #128 $4,148.00 Lot #129 $4,148.00 Lot #130 -0- L0t # 131 — — -0- Lot #132 -- -- -0- Proffers for Briarwood Estates Sections 2 - 9 Lot # 13 3 -- -- -0--7 - Lot #134 — — -0- Lot #135 -- -- -0- Lot #136 -0- Lot 9137 $4,148.00 Lot #138 $4,148.00 Lot #139 $4,148.00 Lot # 14.0 $4,148.00 Lot #141 $4,148.00 Lot #142 $4,148.00 Lot #143 $4,148.00 Lot # 144 $4,148.00 Lot # 145 $4,148.00 Lot # 146 $4,148.00 Lot # 147 $4,148.00 Lot #148 $4,148.00 Lot #149 $4,148.00 Lot #150 $4,148.00 Lot 9151 $4,148.00 Lot # 152 $4,148.00 Lot 9153 $4,148.00 Lot #154 $4,148.00 Lot 9155 $4,148.00 Lot #156 $4,148.00 Lot #157 $4,148.00 Lot #158 $4,148.00 Lot #159 $4,148.00 Proffers for Briarwood Estates Sections 2 - 9 Lot #160 $4,148.00 Lot #161 $4,148.00 Lot #162 $4,148.00 Lot #163 $4,148.00 Lot #164 $4,148.00 Lot #165 $4,148.00 Lot 9166 $4,148.00 Lot 9167 $4,148.00 Lot #168 $4,148.00 Lot #169 $4,148.00 Lot 9170 -- -- -0- Lot # 171 — -- -0- Lot 9172 — — -0- Lot #173 $4,148.00 Lot #174 $4,148.00 Lot #175 $4,148.00 Lot 9176 $4,148.00 Lot #177 $4,148..00 Lot 9178 $4,148.00 Lot #179 $4,148.00 Lot #180 $4,148.00 Lot #181 — — -0- Lot # 182 -- -- -0- Lot #183 — — -0- Lot 9184 -- -- -0- Lot 9185 — — -0- lot #186 -- -- -0- Proffers for Briarwood Estates Sections 2 - 9 Lot 9187 — — -0- Lot 9188 -- -- -0- Lot #189 — — -0- Lot #190 -- -- -0- Lot #191 — — -0- Lot # 192 -- -- -0- Lot #193 — — -0- Lot #194 -- -- -0- Lot #195 — — -0- Lot #196 -- -- -0- Lot #197 — — -0- Lot #198 -- -- -0- Lot #199 — — -0- Lot #200 $4,148.00 Lot #201 -0- Lot #202 = — -0- Lot 4203 — — -0- Lot #204 — — -0- Total Paid $ **Lots 1-20 (Briarwood Estates, Section 1) were developed prior to Rezoning #003-98 and have _ NO PROFFERS. **Other lots with no proffer amount were located on Parcel 55-A-184A. **Lots with a proffer amount of $4,148.00 were located on parcels 55-A-184B and 55-A-184C and are subject to the proffer statement in Rezoning #003-98. "MAKE A COPY OF RECEIPT FOR THE INSPECTIONS DEPARTMENT O:\WP\CNI PROFFER.PAY\SARATOGA\BRIARWOOD.wpd April 23, 1999 FILE COPY COUNTY of FREDERI,CK Department of Planning and Development 540/665-5651 FAX: 540/678-0632 April 14, 1999 Mr. Dave Holliday Holliday Construction P.O. Box 2715 Winchester, Virginia 22604 RE: SUBDIVISION #014-98 OF BRIARWOOD ESTATES, SECTIONS 2, 3, and 4 Dear Dave: This letter is to confirm that your application for Briarwood, Sections 2, 3, and 4, was administratively approved on April 9, 1999. Please forward a copy of each of these sections to this department once each is recorded. If you have any questions regarding the approval of this subdivision, please feel free to call this office. ycerely, rence, AICP, CZA Zoning Administrator ERL/cc cc: Real Estate Tom Sullivan, Frederick County Schools Ed Strawsnyder, Director of Public Works Jerry Copp, Virginia Department of Transportation Stephen M. Gyurisin, G.W. Clifford & Associates 0: W gendas44P P R_DEN. LTR\Briazwood. Section2-4. SUB.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRC-jI IA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX (540) 984-5607 March 2, 1999 Mr. Charles E. Maddox, Jr., P.E., V.P. Ref: Briarwood Estates, Sections 2-9 G. W. Clifford & Associates, Inc. Route 656 200 North Cameron Street Frederick County V V inchester, VA 22601 Dear Mr. Maddox: I have reviewed the attached revised UD-4 Installation Layout Plan. Please be advised this plan, as submitted, is approved. Should you have any further questions, please call. Sincerely, I� Steven A. Melnik ff Transportation Engineer SAM/rf Attachment xc: Mr. Dave Heironimus (ivltwo Sets ofplans) Mr. Dave Holliday Mr. Kris Tierney RECEIVED MAR 0 4 1999 DEPT. OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 October 6, 1998 P. Duane Brown G.W. Clifford & Associates 200 N. Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates - Section 3 and 4 Final Plats Review Subdivision #014-98 Dear Duane: I have reviewed the final plats for the above referenced subdivisions. Each of these plats appear to satisfy the Subdivision and Zoning Ordinances, and are in conformance with the recently approved Briarwood Estates Master Development Plan. Please forward the review agency comments to this department. Once you obtain the approval signatures from the Sanitation Authority, Virginia Department of Transportation, and the property owner, please forward the plats with the appropriate Letter of Credit and I will proceed with the subdivision approval process. Sincerely, Eric R. Lawrence, AICP Zoning Administrator ERL/cc U:\Eric\Common\SUBDIVIS\briarwood.sect3.4 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 December 2, 1998 Mr. Duane Brown, CLS C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Duane: JERRY A COPP RESIDENT ENGINEER TELE (540) 9845600 FAX (540) 984-5607 Ref: Briarwood Estates II Sections 2, 3 & 4 Route 656 (Greenwood Road) Frederick County The final plats for the referenced Sections 3 & 4 have been reviewed. They appear to match the dimensions shown on the attendant plan sheets. Four sets of the signed plats for each section are being returned herewith. (A copy has been retained for our file.) This letter also acknowledges receipt of the seven copies of revised Plan Sheet 3 of 15 which we requested 10/16/98 showing the revised drainage easement on Lot #59, Section II. Should you have any questions, please call. Sincerel6// y. Gr/1�-t,/ Barry J. Sweitze Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer BJS/rf Enclosures xc-. Mr. T. L. Jackson, Attn: Mr. G. C. Tudor (w/ copy of revised Plan Sheet 3 of 15) Mr. D. A. Heironimus Mr. Kris Tierney WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER r, Mr. Ronald A: Mislowsky, P.E., G. W. Clifford & Associates, Inc 200 North Cameron street Winchester, VA 22601 Dear Ron: DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 17, 1998 V.P. Ref: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Briarwood Estates, Section II Route 656 (Greenwood Road) Frederick County This is to acknowledge receipt of your revised plans dated 08/06/98 (received 08/10/98) for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. We have no objection to Items 1 & 2 of your revision letter dated August 4, 1998. VDOT will withhold final acceptance of this project pending satisfactory resolution of those items. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky Ref: Briarwood Estates, Section II August 17,1998 Paee #2 • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. Please provide five sets of signed and approved plans for VDOT distribution. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on Standard RFD-1. • Private entrances will be installed in accordance with Standard CG-913. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all drainage easements and right-of-way dedications required to implement this project should be provided for VDOT review and comment prior to issuance of any land use permits. Should you need additional information, do not hesitate to call. Sincer lyr, Barry J. Sweitzer, Trans. R',+oadayv gineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Terry Jackson / Attn: Guy Tudor (w/ copy of approved plan) Mr. Kris Tierney Ms. Kim Holliday, Chairperson - Fred. Co. Utility Coordinating Committee Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St., in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc., 200 N. Cameron Street, Winchester, Va. 22601, (540) 667-2139 c/o Stelhen Gyurisin Name of development and/or description of the request: Briarwood Estates Section II Location: East side of Rt. 656 (Greenwood Road) midway between Rt. 657 (Senseny Road) and Rt. 659 (Valley Mill Road) Virginia Department of Transportation Comments: No objection to the subdivision of this property. Before development, this office Will require a complete set of construction plans for review. tntrances Will have +n bP rnnetriirtari to VnnT minimin standards, to allow for safe egress and ingress of the property. See attached letter from VDOT to Mr. Ron Mislowsky a . VDOT Signature and Date: Trans.. Engineer 08/17/98 (NOTICE TO RESIDENT ENGI PL SE RETU HIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their, review. Also, please attach three (2) copies of your application form, location map and all other pertinent information. COUNTY of FREDERICK Department of Public Works October 22, 1998 Mr. Jerry King King's Plumbing 29078 Old Valley Pike Strasburg, Virginia 22657 Re: Notice To Comply - Erosion and Sediment Control Briarwood Subdivision, -IT- Frederick County, Virginia Dear Jerry: 540/665-5643 FAX: 540/ 678-0682 On Thursday, October 22, 1998, I met you at the subject site to discuss the status of the stormwater/ sediment basin. At the time of the inspection, you had installed the 42 inch RCP outlet pipe and constructed the embankment. You informed me that the outlet structure should be on -site within the next couple days. Once the structure is installed, you informed me that you would complete the grading for the emergency spillway and seed and mulch the entire embankment. Rip -rap needs to placed along the downstream slope of the embankment and at the outlet pipe for the pond. Also, place a construction entrance at the location indicated on the plan. This will keep the pavement within section 1 from being tracked with mud and sediment. I will inspect the site on Monday, November 1, 1998 to ensure these items are addressed. If you have any questions, do not hesitate to contact me. Sincerely, eA /Z oe C. Wilder Engineering Technician Public Works cc: Dave Holliday file 107 North Kent Street • Winchester, Virginia 22601-5000 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality 19 August 1998 Mr. Kris Tierney Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 Dear Kris, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl L Sutherland, P.E. Ronald A Mislowsky, P.E. David J. Saunders, P.E. Directors: P. Duane Brown, L.S. William L. Wright Michael A Hammer Thomas W. Price We are nearing final approval on the Briarwood Estates Subdivision. Surprisingly, one question has arisen concerning sidewalks on existing streets. The Zoning Administrator believes that developers are required to provide sidewalks along existing collector roads which border their projects. In a meetin" last week he referred to Subdivision Para. 144-18 which states "Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the righ -of-way of all pro osed streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the ugima Department of Transportation." Somehow the Zoning Administrator is trying to interpret this to apply to an existing street. We have prepared plans for a number of subdivisions since this ordinance was last amended in 1991. These include but are not limited to Briarwood I, Woodside I, Woodside II, Mosby Station and Hill Valley. While these plans all included sidewalks along proposed streets, in no case were sidewalks required along existing roadway adjacent to the development. While this issue, as it pertains to Briarwood has been resolved, if the County is considering a change in their interpretation of the ordinance requirements, we in the development community, should be made aware of such an action and provided a chance to formally comment before a decision is made. Regards, gilbert w. clifford & associates, inc. '-416hald A. Mislowsky, P.E., Vice President cc: Dave Holliday John Riley 200 North Cameron Street, Winchester. Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com MemberAmerican Consulting Engineers Council COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 August 31, 1998 Mr. Jason Thomas Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates, Section 2-9 - Subdivision Comments Frederick County, Virginia Dear Jason: Upon review of the subdivision plan for the subject plan dated August 25, 1998, we offer no additional comments. All of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any additional comments, do not hesitate to contact me. Sincerely, e Joe C. Wilder Engineering Technician Department of Public Works JCW/kch cc: Frederick County Zoning Administrator file 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 June 1, 1998 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: JERRYA. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Briarwood Estates Greenwood Road Improvements Route 656 (Greenwood Road) Frederick County VDOT has received the referenced plans. They appear to have adequate information to locate the proposed street intersections on the Route 656 (Greenwood Road) plans. The plans are approved and you may proceed under the previous approval letters dated 01/13/98 and 01/14/98 (copies attached). Those letters remain in effect for these improvements as well. As we have indicated earlier, the construction cost and installation of any/all turn lanes and tapers is the responsibility of the owner/developer. The tapers and turn lanes should appear on the Route 656 plans for location information. Please review the previous letters to ensure the approval remains current. Also, may we suggest this improvement plan sheet be inserted into any subsequent subdivision phase and/or site plan to serve the Briarwood Subdivision. Should you have any questions , do not hesitate to call. Sinc ly, Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachments xc: Mr. T. L. Jackson (w/ attachments) Mr. D. A. Heironimus Mr. Kris Tierney Ms. Kim Holliday, Chairperson - Fred. Co Utility Coordinating Committee WE KEEP VIRGINIA MOVING o Ado 0/ COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX (540) 984-5607 January 14, 1998 Mr. Stephen M. Gyurisin Ref: Briarwood - Rezoning Request C/O G. W. Clifford & Associates, Inc. Route 656 (Greenwood Road) 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Steve: We have no objection to the rezoning of the referenced property. However, before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, 5,h Edition for review. Any work performed on the State right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. In addition, when considering the magnitude of existing master plans (approved and pending) under review and in the preliminary stages, VDOT should be apprised of potential impacts on transportation facilities currently in place in the rezoning proposal area. The facilities under concern include Route 657 (Senseny Road), Route 659 (Valley Mill Road) and most importantly Route 656 (Greenwood Road) which appears to be our most vulnerable facility in this rezoning proposal and its impacts. Items which should be addressed in the early stages of subdivision and/or site plan proposals are as follows: 1. Consideration should be given to the need for tapers and right turn lanes at the intersection of Route 656 and any proposed access streets (e.g. Farmington Boulevard) to the Briarwood Rezoning Area. 2. Review and/or upgrading of Farmington Boulevard when deemed appropriate under VDOT review. 3. Signalization a>?reements at any/all major intersections with VDOT facilities: Route 656 at Farmington Boulevard; Route 656 at Woodrow Road; Route 656 at Route 659; and Route 656 at Route 657. Each of these facility locations are potentially exposed to severe impacts now and in future years as proposed development encompasses the surrounding area. This could be severe if the normal assumptions establishing the parameters are understated. .nil= Vc= VIOrrinnn ner Ilkic Mr. Stephen M. Gyurisin Ref. Briarwood - Rezoning Request January 14, 1998 Page 2 The signalization agreements should be on the basis of 100% of installation costs to be borne by the developer. The time period should be five years, with VDOT having the privilege to extend the period beyond five years if needed. The foregoing considerations should be assessed at each subdivision/site plan review stage of development. Sincerely , j ; , J N Barry J. Sweitzer Trans. Roadway Engineer For: Norman K. Sparks Trans. Ass't. Resident Engineer BJS/rf Attach. xc: Transportation Engineer Mr. S. A. Melnikoff Mr. Kris Tierney Rezoning Comments: Virginia Department of Trans ortation-r' J`!"P,'-,cc Mail to: Hand Deliver to:—/ Virginia Department of Transportation Virginia Dept of Trra;nsportation -- Attn: Resident Engineer Attn: Resident Engineer P.O. Box 278 1550 Commerce Street ✓_ Edinburg, Virginia 22824-0278 Winchester, Virginia (540) 984-5600 Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: * (540) 667-2139 Mailing Address: c/o Stephen M. Gyurisin (10/14/97) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: East side of Greenwood Road (Rt. 656) between Senseny Road (Rt. 657) and Valley Mill Road (Rt. 659) - adjoins existing Briarwood Master Planned Subdivision. Current zoning: RA Zoning requested: RP Acreage: 50± Acres Virginia Department of Transportation's Comments: No objection to rezoning of this property. Before development, this offi e will require a comp ete set of construction p ans detaiiing en r n esi s drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fifth Edition for review. Any wor per orme on State rig s-of- wav must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. See attached letter from VDOT to Mr. Steve Gyurisin dated 01/14/98. VDOT Signature&Date:,—��e_ Ass't. Resident Engr. 01/14,98 Notice to VDOT - Please Return This Form to Applicant COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENTENGINEER P.O. BOX 278 TELE(5=3)954-5 00 EDINB URG, VA 22824-0278 FAX (54 19?4-5607 January 13, 1998 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: Ref: Briarwood Estates, Section I Route 656 Frederick County This is to acknowledge receipt of your revised plans dated January 9, 1998 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require otice for inspections. In !r; Mr. Ronald A. Mislowsky Ref: Briarwood Estates, Section I January 13, 1998 Page 2 • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permits are issued by this office and will require a minimum processing fee, surety bond coverage and the salary and expenses of a State assigned Inspector. • if mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the VDOT standard. • Private entrances will be installed in accordance with the Standard PE-1 or as shown on the plans. This is the developer's responsibility. Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be. installed will be in accordance with attachments. • 1 suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. We have approved the site plan for Briarwood Estates Subdivision and the attendant easement and right-of-way plats for construction and maintenance. It should be satisfactory to proceed with the permit process. The ongoing improvement plan for Route 656 adjacent to Briarwood continues to progress. The proposed plan will be 36' of pavement with curb & gutter on both sides. It will provide left turn access to Briarwood at Farmington Boulevard. However, the developer should provide a right turn lane. As noted on the approved plans for Briarwood Estates, the developer shall make the necessary improvements and bear the cost for the intersection with Farmington Boulevard, subject to VDOT review and approval. The right turn lane portion of the improvements should be developed as a revision and all/any off site right-of-way should be secured by the developer. .y Mr. Ronald A. Mislowsky Ref: Briarwood Estates, Section I January 13, 1998 Page 3 Furthermore, the developer shall prepare a signalization agreement in which 100% of the cost of installation shall be borne by the developer based on warrants for signalization as determined by VDOT. The agreement should be for a five year period from completion of Briarwood Estates. it is subject to an extension beyond five years as deemed necessary by VDOT. Should you have any questions, please do not hesitate to call. Sincere y, (J Barry J. Sweitzer Trans. Roadway Engineer For: Norman K. Sparks Trans. Ass't. Resident Engineer BJ S/rf Attachments xc: Transportation Engineer Mr. S. A. Melnikoff Mr. W. C. Gochenour Mr. T. L. Jackson, Attn: Mr. G. C. Tudor (w/copy of approved plan) Mr. Kris Tierney REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia '22824-0278 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St., in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc., 200 N.CCameron Street, 9/ 24/97 Winchester, Va. 22601, (540) 667-2139 c/o Stephen Gyurisin Name of development and/or description of the request: Briarwood Estates Location: East side of Greenwood Road (Rt. 656) approximately 3,000' south of Valley Mill Road (Rt. 659). Virginia Department of Transportation's Comments: No objection to the subdivision of this property. This section of street is currently not in the State's Secondary Road System. However, all entrance design and drain -ago foatur0Zmust meet State req-4 emazjtc i f tho strnnt is to be eligible for acceptance. A complete set of construction plans will vc L=4UA.L=u LVL Lcva— VDOT Signature and Date: 77 (NOTICE TO RESIDENT ENGINEER* cnea ieLLer is ows cy Mated RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach three (3) copies of your application form, location map and all other pertinent information. .I- COMMONWEALTH ®f VIRCjINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. CCIPP COMMISSIONERQ�y�XXX ^^Fa` RESIDENT ENGINEER TELE540)9 4-560 0 EDINBURG, VA22824-0278 F,axlsao)9ea-sso7 October 16, 1998 Mr. Duane Brown, CLS Ref: Briarwood Estates II, Section 2 Plat C/O G. W. Clifford & Associates, Inc. Route 656 (Greenwood Road) 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Duane: We have reviewed the final plat dated October 5, 1998 for the referenced project. Based on the information provided and your telephone definition of intent on Lot #59 which calls for the full 20' parallel drainage easement on the lot where it abuts Lot #42, we agree with the dedication. However, we would appreciate seven copies of revised Sheet 3 of 15 for the plan depicting the 20' easement as shown on Lot #59 of Section 2. Also once the plat has been signed and recorded, we should be provided a copy for VDOT files. Should you have any questions, please feel free to call. BJS/rf xc: Mr. D 'ronimus Kris Tierney Sincerely, Garry eitzer Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer WE KEEP VIRGINIA MOVING o it APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: 6/26/98 Application # 0 1 4 q 0 Fee Paid J' Applicant/Agent: Gilbert W. Clifford & Associates, Inc. Address: 200 N. Cameron Street Winchester, Virginia 22601 Stephen M. Gyurisin Phone: 540-667-2139 Owners Name: Shiho, Inc. Address: P.O. Box 3276 Winchester, VA 22604 Phone: Please list names of all owners, principals and/or majority stockholders: Dave Holliday Ron Shickle Contact Person: Stephen M. Gvurisin Phone: 667-2139 Name of Subdivision: Briarwood Estates Number of Lots: 184 Total Acreage: 55.7887 Property Location: East side of Rt. 656 (Greenwood Road) midway between Rt. 657 (Senseny Road) and Rt. 659 (Valley Mill Road) (Give State Rt.#, name, distance and direction from intersection) Magisterial District: Property Identification Number (PIN): 55-A-184A/1 r ' . 4 Property zoning and present use: RP Zoning Vacant Use Adjoining property zoning and use: RP Zoning Residential and Vacant Use Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Briarwood Estates MDP Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot): 12,000 SF Number and types of housing units in this development: Number: 184 Types: Single Family SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: ✓ title "Subdivision Design Plan for " BriQrwoOd .1�7s4a�e5 5ecAon Z with a notation of all previous names of the subdivision. ✓ original property identification number. ✓ page number and total pages on each page. ✓ name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000); showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. ✓ written and graphic scale. ✓ day, month and year plan prepared and revised. ,/ North arrow. name of the Magisterial District where located. ✓ zoning of all land to be subdivided. F'nA! P/af boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. F�na� names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. ' proposed use of each lot, with the number of lots in each use category. Fi na 1 P/of area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 Finc,I p/A location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. ✓ existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. ✓ stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. ✓ cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. V/ location of environmental features including floodplain, Ma ic,P/an steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. -AIIIA— names of all streams and bodies of water, including all one -hundred -year flood limits as mapped by FEMA. location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. AJ19 location of proposed recreational areas and facilities. ✓ location of proposed buffers and screening with design Mash,-Nvn details, locations and types of plants and screening. NIP proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 Fi,Ql pJp signature of the owner or principals certifying ownership of the property. riha P o� / _statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 SUBDIVISION #OT$ 98''� " IRIA,KWOOD ESTATES APPROVM Stonewall `PARENT' FOLDER - BRIARWOOD ESTATES Section 1 - Completed Sections 2, 3 & 4 skipped Section 5 - approved/no recorded plat Section 6 - Completed 11/19/01