HomeMy WebLinkAboutBriarwood Estates, Section 5 - BackfileFILE cagy
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
May 18, 2000
Mr. Dave Holliday
Holliday Construction
P.O. BOX 2715
Winchester, Virginia 22604
RE: BRIARWOOD ESTATES, SECTION 5
Dear Dave:
This letter is to confmn that your application for Briarwood, Section 5 was administratively approved
on May 18, 2000. Please forward a copy of the recorded plats to this office once they have been
recorded.
If you have any questions regarding the approval ofthis subdivision, please feel free to call this office.
Sincerely,
Michael T. Ruddy
j
Zoning Administrator
ITII-li 71•�i1
cc: Real Estate
Albert Orndorff, Frederick County Schools
Ed Strawsnyder, Director of Public Works
Jerry Copp, Virginia Department of Transportation
O: Agendas\APPR_DEN.LTR\SUBDMSIONS\Briarwood.Section5.SUB.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
FINAL PLAT Briarwood Estates Section 5
Stonewall Magisterial District Frederick County, Virginia
Ak
A P VED BY
Frederick County Sanitation Authority Date 5
Subdivision Administrator , /��T u Date
Virginia Dept. of Transportation
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 des' of the
undersigned owners, proprietors, and trustees, i any.
All
Date
NOTARY PUBLIC
1, ih 1 a Notary Public in and for the State of Virginia, at large, do certify
that ot, whose names are signed to the
foregoing Owner's Certificate, ha a acknowledged the some before me in my st te.
Given under my hand thi I _ day of9-
My commission expires_ _
SURVEYOR'S CERTIFICATE
! hereby certify that the property contained k7 this subdivision is a portion of the property
that was conveyed to SHIHO, INC. by deed dated March 22, 1999 and the some property , that
was conveyed to SHIHO, INC. by deed dated 1999 as . recorded in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 933 at Page 884
and Deed Book M_ at Page _ , respectively. /� n
�'TH OF P. Duane Brown, L.S.
The property represented herein is a ortion of the property shown
P, DUANE '��, on Frederick County Tax Map 55((A)� as Parcels 1 4A and 184C.
U BROWN y DATE: JULY 30, 1999 COVER SHEET I FILE#: C: \BRI ARWOOD \PLATSEC5.DWG
NO. 1285 ggbert w. difford & associates. inc.
July 30,i999 ENGINEERS ND PLANNERS SURVEYORS SHEET
� - LA - 1
<qNo SURVE150-C Olds ass-mi h Min �. � � OF
FndwlAdwS *010 Z" 6
(S10) an-zi5 (S�Wi e67-2138
BK966PIG 0082
HIS EDo�EDICA ION, made an ate this �s day of
y and between SHIHO, INC., a Virginia corporation, party of the
Tfirst 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 July 30, 1999, known as
Briarwood Estates, Section 5, AN BEING the same property that was conveyed to
SHIHO, INC. by deed dated , 1999 as recorded in Clerk's Office of the
Circuit Court of Frederick Coun , Virginia in Deed Book 933 at Page 884 and Deed Book
_ at Page ro , 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 5, situate in Stonewall Magisterial District,
Frederick County, Virginia, and being more particularly described by the aforesaid plats of P.
Duane Brown, L.S., dated July 30, 1999, 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
6K96GoPG0083
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 a board of not less than three, but no
more than nine directors, who must be members of the association. The initial board of
directors shall be appointed by the party of the first part herein, and serve until the first
annual meeting following conveyance of the first lot in the properties; thereafter, the board of
directors shall be elected by the membership as determined in the bylaws of the association.
PROPER TYRIGHTS IN COMMONPROPER 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
purposes.
B,1(9 6 6 r-b 0 0 8 4
(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 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 Capital Improvements: In addition to the annual
BK966(Pv0085
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 first lot. The first annual assessment shall be adjusted according to the number of months
remaining in the calendar year. The board of directors shall fix the amount of the annual
assessment against each lot at least thirty days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every owner subject thereto. The due
dates shall be established by the board of directors. The association shall, upon demand at any
time, furnish a certificate in writing signed by an officer of the association, setting forth
whether the assessments on a specified lot have been paid. A reasonable charge may be made
by the board for the issuance of these certificates. Such certificates shall be conclusive
evidence of payment of any assessment therein stated to have been paid.
Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any
assessments which are not paid when due shall be delinquent. If the assessments are not paid
within thirty days after the due date, the assessment shall bear interest from the date of
delinquency at the rate of 12% per annum, and the association may bring an action at law
against the owner personally obligated to pay the same, or foreclose the lien against the
property. Interest, costs and reasonable attorney's fees on any such action shall be added to
the amount of such assessment. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the open space(s) or abandonment of his lot.
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 PropertX: 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.
u9661' 0086
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
BX966FG0087
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 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,
SK966PIG 0088
commencing within two years from the date of submission of said lot to these restrictive
covenants.
13. Any lease or rental agreement must be for a period of at least thirty days and must
be subject to the rules and regulations set forth in these restrictive covenants.
14. All lots are required to observe building restriction lines as indicated on the plats
attached hereto (minimum setback from front, 35'; from sides, 10'; from rear, 25'), in addition
to those requirements of applicable Frederick County ordinances.
15. Shiho, Inc. reserves the right for itself and its successors in interest to waive any
one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all
lots, except that it cannot change the development from residential to commercial. This
waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon
any other lots. Shiho, Inc. does further reserve the right for itself and its successors in interest
to impose additional restrictive covenants, conditions, reservation, and restrictions on any or
all lots and such imposition shall not affect the binding effect of these provisions upon any
other lots.
16. Any Briarwood Estates, Section 5, 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,
Inc. does further agree that Frederick County shall be under no obligation to maintain said
drainage easements.
BK966FL0089
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 79, 80,and 84-94 prior to issuance of
building permits. See the attached plat (sheet 2) for additional requirements for Lot 89.
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.:
[SEAL]
AV16 B. H LLIDAY, President
QV��}6o'1a0090
STATE OF VIRGINIA
CITY OF WINCHESTER, to -wit:
��Q , 0
Acknowledged before me this � �— day of eF,—Y999, by David B.
Holliday, who is President of Shiho, Inc., a Virginia corporation, on behalf of the
corporation.
NOTARY P I FOR THE STATE OF VIRGINIA
My commission expires: �`l /,zaQi
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
November 8, 2002
Mr. Patrick Davenport
C/O County of Frederick
Department of Planning
107 North Kent Street
Winchester, VA 22601-5000
Ref: Briarwood Estates, Sections 1, 2, 3, & 4
Frederick County
Dear Patrick:
JERRYA. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
The addition package for the streets listed in the Board's resolution dated October 23, 2002 for
the referenced development has been forward to our Central Office in Richmond for processing.
The Commissioner's Office will notify the Board when the addition has been approved.
In the meantime, if you have any question do not hesitate to contact me at (540) 535-1828.
Sincerely,
•tit Q Y/--�
Dave A. Heironimus
Hwy. Permits & Subd. Specialist Sr.
DAH/rf
xc: Mr. Eric Lawrence
Shiho, Inc.
R'E E �`�
NOV 1 % zon
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
ri/5 ", J/" /C" 1Gy
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
August 7, 2002
Mr. Dave Holliday
P. O. Box 2715
Winchester, VA 22604
Ref: Briarwood Estates, Sections 1, 2, 3, 4, 5, & 6
Route 656
Frederick County
Dear Mr. Holliday:
JERRYA COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
It appears all the punch list items for Sections 1 through 6 have been completed for the
referenced development. The Virginia Department of Transportation is in acceptance of
construction for these sections.
As stated in my April 2, 2002 correspondence, I have all the required quitclaims,
as-builts and recorded plats for Sections 1 through 4. However, I have not received
any of these items for Sections 5 and 6. Now that construction has been accepted, I
can start the addition process for Sections 1 through 4. If you wish to include Sections
5 and 6, I will need the required quitclaims, as -built plans and recorded plats for these
sections.
I will wait to hear from you as to how you wish to proceed with this street addition.
Please contact me at (540) 535-1828.
Sincerely,
d Q •L�ill�s�Nit
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
1'-1,4 7 PIJ06-P
rb
til6 h�lGii� i71,,a 4,1 '3 �-- «i G l/ cL t�'L� /l aE c-cfN /) a
5��7'r
L07
41 C) `l
�ChTf
lki IJ
IA
I y
L aT c Mn -t
/3-6 C/x
FINAL PLAT
Briarwood Estates Section 5
Stonewall Magisterial District Frederick County, Virqinia
Z
�7
Z�
C11 7,: ap
I - I TTI
APP ,QVED
Frederick County Sanitation Authority ill Dote
Subdivision Administrator Dote
Virginia wept. 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, proprietor ond,4ru�stees, if 0
Date
tl N-OTARY PUBLIC
a Notary Public in and for the State of Virginia, at large, do certify
that � n whose names are signed to the
foregoing Owner's Certificate, have acknowledged the some before me in my state.
—)Cw Given under my hand thisday of
My commission expires
SURVEYOR'S CERTIFICATE
hereby certify that the property contained in this subdivision is a portion of the property
that was conveyed to SH1110, INC. by deed dated MMargh 221, 1999 and the same property that
was conveyed to SHIHO, INC. by deed dated — �Zg 1999 as recorded in the Office
of the Clerk of thp Circuit Court f Frederick IV ty,
County, Virginia in Deed Book 933 at Page 884
and Deed Book %-60 at Page respectively.
vi OF P. Duane Brown, L.S.
The property represented herein I *s a portion of the property shown
P. DUANE on Frederick County Tax Mop 55((A)) as Parcels 184A and 184C.
BROWN DATE: JULY 30, 1999 T COVER SHEET I FILE#: C: \BRIARWOOD\PLATSEC5.DWG
NO, 1285 glibert. w. clifford & associates, Inc.
Jul30,IC?99 ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
y
< 1
OR. 150-C Owe Glen DrM 200 North Conorm St vet OF
Fro"loWxM Vkolo ZM Wbdmtw. Vk*1d 229M 6
(540) 890-2115 (50) W7-2139
10
Curve Curve Table
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
1
25.00'
21.58'
11.51'
20.92'
N673449"E
4927'30"
2
55.00'
62.19'
34.89'
58.93'
N59 55'02"E
64'47'05"
3
55. 00'
60. 90'
34.00'
57.83'
N0411 '43"W
63'2625"
4
55.00'
56.70'
31.16'
54.23'
N65 27'02"W
59 04'12"
5
55.00'
53.37'
29.00'
51.30'
S57'12'58"W
553548"
6
55.00'
34.58'
17.88'
34.01'
S11TO9"W
3601'30"
7
25.00'
21.58'
11.51'
20.92'
S1807'19"W
4927'30"
8
1 35.00' 1
54.98'
_ 35.00' 1
35.00'
49.50' 1
S8751'04"1#
90'00'00"
9
35.00' 1
54.98'
49.50'
S02'0856"E
90'00'00"
Area Summary
Area in Lots
6.1398 Acres
MINIMUM SETBACK REQUIREMENTS
Area in Open Space
1.7508 Acres
FRONT = 35'
Area in R/W
1.2857 Acres
REAR = 25'
TOTAL AREA SUBDIVIDED 9.1763 Acres
SIDE = 10'
Number of Lots
21
A verage Lot Size
12, 736 Sq. Ft.
Smallest Lot Size
12,000 Sq. Ft.
EXISTING ZONING: RP
EXISTING USE. VACANT
All lots are single family detached - urban.
All lots are subject
to a 20' Slope & Drainage Easement along all rights -of -way
and a 10' Utility & Drainage Easement along all
property lines.
Individual Site Plans
are required for Lots 79-80
and 84-94 prior to
issuance of Building
Permits per Frederick County Department of
Inspections and/or Frederick County Department
of Public Works.
Additionally, Lot 89 shall require testing of placedfill materials
according to chapter
17 BOCA. Testing reports
shall be submitted
to the Department of Inspections at the time of
Building Permit application.
FINAL PLAT
�Di
Briarwood Estates'`' Section 5
Stonewall Magisterial District
Frederick County, Virginia
,
DATE: JULY 30, 1999
CURVE TABLE
FILE#: C: \SRIARWOOD\PLATSEC5.DWG
gtlbertw. dtfford
do oasodates, ina
ENGINEERS - LAND PLANNERS - SURVEYORS
Ju150-c
aide 0rwe.lob orkv
n* �rtalaWM VV"Mlo 22401
2W NotI Om mn sa.et
wna,.. w. *0b 22001
SHEET
2
,g(540)
5�2115
(540) 6d7--213d1
OF
6
_t}
40 BRIARWOOD ESTATES SECTION 4 WHITE CLOVER DRIVE
ZONED: RP USE: VACANT 54' R/W
77 I DB 933 P 926 75 I 74
�, 76 N4251'04"E 913.56'
o 80.00' 'r 80.00' 82.00' 27.00' 27. DO'
rr
v Q 20' DRAINAGE EASEMENT =
N Q 39
>� 3
20 20' SAN. SEWER EASEMENT f E I '-�-123'
�� !� r.,'�..
LUJ�,�, to O
ciCL oho LOT 78 4 =� o 2
w� �� 8 LOT 79 o LOT 80 K, ,� 81
oQo N ,Q 12,000 SF o��,'f 12,000 SF00
138
IIZ037 SF(
o w ^I
.----1105 - -1107 #109
0 12'
Z 80.00' 0.00' .:. 47.00'
.....__
FOXGLOVE O`
DRIVE k 15' WATER EASIM T
54' RlW N 269.00. 484.28 1—
0 14251'04"E 753.28' z
N42 51'04"E o FOXGLOVE DRIVE — 54' R/W N
80.00' 80.0080.00' 80.00'
-i-
Ex. 20' San. Sewer Esmt. Ex. 20' San. Sewer Esmt.''
DB 933 P 877 a n DB Q4Z1 P
F
37 LOT 98 to G LOT 97 to �: LOT 96 0 LOT 95 to 94
Z "f 12, 000 SF fz '-I 12, 000 SF �z 12,000 SF z "� 12, 000 SF
I
I------------ ---- -� I ---........ l
F /
80.00' 80.00' 1 80.00' 80.00'
S42 51'04"W 935.45'
OPEN
OPEN SPACE
SPACE (SEE SHEET 6 OF 6)
FINAL PLAT
OSU()
yr Briarwood Estates~ Section 5
'�'�✓, Stonewall Magisterial District Frederick County, Virginia
�,DATE: JULY 30, 1999 SCALE: 1"=60'FILE#: C: \BRIARWOOD\PLATSEC5.DWG
��giibert w. difford & associates, Inc.
ENGINEERS— LAND PLANNERS — SURVEYORS
99 1�C Olds Qmtoldh Drew WO NOU Ownw" Sbvd SHEET
Fr dMidnbur— "lo 221W Wkwhwbr. "la 22a01 3
�o) (ago) ase-2��a O .30 60 120 ()—�3s OF
6
01K90094
WHITE CLOVE DRIVE BRIARWOOD ESTATES - SECTION 4
54 RW ZONED: RP ( USE: VACANT
I 74 73 D8 933 P 926 72 71 70
N42"51'040E '913.56' 10'
27<00' r 95.00' 80.00' 0' 0 ��
3
I0' DRAINAGE EASEMENT .
d (S68b7'E 34.9
-}—�5' WATER EASEMENTI�
c, ,� ,.,t.., :;.:..•.. o I LOT 81 � o) LOT 82 LOT 83 LOT 84
oI 13,987 SF c512,000 SF o 0 12,000 SF o 0 I Z000 SF
U 00 ' 1:0R! AINAGE EASEMENTI (S4070'E)
11
........ 13 J I L----1115 t_._. .._ .1117
�� I 20, DRAINAGE EASEMENT I>
' 15' WATER EASEMENT
IT.._::-. :::.... .
co : 60.00 .: 80.00 "::..:;::= "? ......: 80. 00 :, ; 80. 00
� A=19.6'
0
FOXGLOVE DRIVE — 54' R/W 484.28'
W N42*510040E 753.28'
P. DUANE
O BROWN
DATE: JULY 30, 1999
SCALE: 1"=60'
FlLE#: C:\BRIARWOOD\PLATSEC5.DWG
g1lbert w. diHord & associates. Ina
NO. 1285
ENGINEERS - LAND PLANNERS - SURVEYORS
��9 �
SHEET
t�U)y 30� /999
22 1 1MKherrtw, Vlr�glnwb ?
�
< qND �o
( ) eos�-2tts 0 30 60 120 ��)-��
340
OF
SURdE
6
b4K960095
BRIARW00D ESTATES - SECTION 4
ZONED. RP I USE. VACANT
71 70 08 93; P 926 69
---A 10' N4251'04"E 913.56' -�-i
0 —
'80.00' F+ii.2'-- 177.47' --�
(S68 07'E 34.9) %1 D AfNAti 1
84 ° o LOT 85 `u
13, 980 SF
d - - —20' DRAINAGE Asi
�4
WATER EASEMENT
20' SAN. SEWER EASEMEN
LOT 86
16,142 SF F //
fl0�`��
LOT 87 k
12,153 SF
v, :: ::•.61.48'�: .7
.o FOXGLOVE DRIVE - 54' R/W 20' WATER EASEMENT
484.28'
N42 51'04 "E 753.28' Ex. 20' San. Sewer Esm t. -
cn nQ *A-p P iaAA
a I
09 10 4—p
�m
r1-1
rn=1
N Q- N
�z
.rnm-:rn
11
`w
00 r*i tn: rn
r.
10' w I ^' m11C
----
' ao o
4 t 1 COMMON
AREA
FINAL PLAT
NTH op `r Briarwood Estates sw Section 5
Stonewall Magisterial District Frederick County, Virginia
P. DUANE .2,
O BROWN DATE: JULY 30, 1999 SCALE: 1"=60' FILE#: C:\BRIARWOOD\PLATSEC5.DWG
g1lbert w. difford & associates, Inc.
NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS
July 30 /qqy 150�-C ad. 01-N'0101 om. 200 North Comma str0d SHEET
� �'VkOdo 22401 WhahMtor� �� 5
'1HO SURVE"(� 0 30 60 120 i OF
6
C
5 10 O�AyFG�-
69 •/ 11 A� �S
20' SAN. SEWER EASEMENT /C� REA N o0 F'yjo�A
70 , 86 87 6� '9l
3 1 11
8 13
/
14
See Sheets 3-5 for Location of Easements. 89
90 7
118
I'CARL►SLE HEIGHTS N SECTION III
4�1?\:� r r j 92 8 .. 119 ZONED: RIP DB 7 USE
P 814 RESIDENTIAL
� 93
s`s` q`� DRAINAGE EASEMENT
q� Bp F
's J 95
OPEN SPACE
96 f :.., p 1.7508 ACRES
97
EUGENE F. & BARBARA L. GROVE
:F 98 ZONED. RP USE. AGRICULTURAL
i DB 498 P 470
37 1-2 N42 51 040E 935.45'
o �0 1 2-3 N46 2142 W 112.11,
�Fpoo 3-4 N52 06'43"W 242.81'
p IFS] OPEN ?2 4-5 N4251'04"E 25.09'
,6),9 9�F SPACE GREENWOOD ROAD REALTY, LLC 5-6 S5206;43"E 241.90:
6-7 ZONED: RP USE: AGRICULTURAL 7-8 S 430'37"W 270 01'
DB 663 �`9SG'9q��y DB 883 P 1292 8=9 S54'47;47;W 160.56;
9-10 S425104 W 195.04
10 11 S46 59'15"W 198.35'
11-12 S2109'14"W 156.62'
12-1 N4679'19"W 93.61'
FINAL PLAT
D
Briarwood Estates ~ Section 5
Stonewall Magisterial District Frederick County, Virginia
P,+JULY 30, 1999 SCALE: 1"=200' FILE#: C:\BRIARWOOD\PLATSEC5.DWG
gllbert w. difford & associates, Inc.
NENGINEERS — LAND PLANNERS — SURVEYORS
�ivl1S0-C OW@ Qm.wlah Orin 200 North 0art�0° Street SHEET
VhPlo 22401 WkKhNtw, V"Inlo "Arl6
i soe--2115 0 100 200 400 (�) 867-213 OF
6
VIRGINIA: FREDERICK COUNTY, SCr.
This instrument of writing was Produced to me(o jn
�ayo;V -at 1 IrJ.
9 �dIeF'
5 10 oAyFcti
69 1 / 11 9>.7 , s
20' SAN. SEWER EASEMENT COMMON
70 , 86 87 6�
3 :. 121
f 1 /
88
14
See Sheets 3-5 for Location of Easements. 89 '
90
118
f,,f f 92 - : 119 CARLISLE HEIGHTS N SECTION X
Off\ 8 ZONED: RP DB 716
USP 8i4SIDEN11AL
�c. 93
94
DRAINAGE EASEMENT
'dy9JJ 95
f` OPEN SPACE
96 10 1.7508 ACRES
` EUGENE F. & BARBARA L. GROVE
98 ZONED: RP USE: AGRICULTURAL
1 DB 498 P 470
pz 37 1-2 N4201'04"E 935.45'
0 0 1 2-3 N46 2142 W 112.11,
'LFp�p 3-4 N5206'43"W 242.81'
p IFS] OPE4-5 N42'51'04"E 25.09'
N 1Z
p -9 5-6 S5206'43"E 241.90:
SPACE GREENWOOD ROAD REALTY, LLC 6-7 S462142"E 250.83'
�,osF ti ZONED: RP USE: AGRICULTURAL 7-8 S5430'37"W 270.01:
DB 883 P 129� 9-10 S42-51'04:W 195.04,'
10 11 S46 5915 W 198.35
11-12 S2109'14"W 156.62'
12-1 N4679'19"W 93.61'
FINAL PLAT
�D
Briarwood Estates ~ Section 5
��, Stonewall Magisterial District Frederick County, Virginia
�,O �-+ DATE: JULY 30, 1999 SCALE: 1"=200' FlLE#: C:\BRIARWOOD\PLATSEC5.DWG
U-�g8bert w. difford do assoates. Ina ENGINEERS — LAND PLANNERS — SURVEYORS
150�-C owe 0 11 Orlw 200 Nor& C--a-Sint SHEET
9^j�2115 0� 100 200 40 �) W7- vv" OF
6
Curve Table
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
1
25.00'
21.58'
11.51
20.92'
N67'34 49 E
4977'30
2
55.00'
62.19'
34.89'
58.93'
N59 55 02"E
64'47'05"
3
55.00'
60.90'
34 00'
57.83'
N041143"W
637625"
4
55.00'
56.70'
31.16'
54.23'
N65'27'02"W
59 04'12"
5
55.00'
53.37'
29.00'
51.30
S57'12'58"W
553548"
6
55.00'
34.58'
17.88'
34.01'
S1174'19"W
36'01'30"
7
25.00'
21.58'
11.51'
20.92'
S1807'19"W
4927'30"
8
35.00' 1
54.98'
1 35.00'
49.50'
S8751'04"W
9000'00"
_
9
35.00' 1
S02-08'56E
90'00'00"
54.98'
35.00'
49.50'
Area Summary
Area in Lots
6.1398 Acres
MINIMUM SETBACK REQUIREMENTS
Area in Open Space
1.7508 ,Acres
FRONT = 35'
Area in R/W
1.2857 Acres
REAR = 25'
TOTAL AREA SUBDIVIDED 9.1763 Acres
SIDE = 10'
Number of Lots
21
Average Lot Size
12, 736 4 Ft.
Smallest Lot Size
12,000 4 Ft.
EXIS7Il1116 ZONING. • RP
EXISTING USE. VACANT
All lots are single family detached - urban.
All lots are subject
to a 20' Slope &c Drainage Easement along all rights -of -way
and a 10' Utility & Drainage Easement along all
property lines.
Individual Site Plans
are required for Lots 79-80
and 84-94 prior to
issuance of Building
Permits per Frederick County Department of
Inspections and/or Frederick
County Department
of Public Works.
Additionally, Lot 89 shall require testing of placedfill materials
according to chapter
17 BOCA. Testing reports
shall be submitted
to the Department of Inspections at the time of
Building Permit application.
FINAL PLAT
OF
Briarwood Estatesow Section 5
�TH
yr
Stonewall Magisterial District
Frederick County, Virginia
P. DUANE
O BROWN
DATE: JULY 30, 1999
CURVE TABLE
RLE#: C:\BRIARWOOD\PLATSEC5.DWG
�����,,�, �
glbert w. dlfford
do associates. Inc.
N0. 1285
��� � - LAND PLANNERS - SURVEYORS
JU/ �, /999
1so-C Old*
- �t
SHEET
��
OF
SURV��
6
40 BRIARWOOD ESTATES - SECTION 4 WFi1TE CLOVER DRP/74
ZONED. RP USE. VACANT 54' R/W
77 ( DB 933 P 926 75 I
cv 76 N42'51'040E� 1 .56'
oz f 80.00' 82.00' 27.00'
20' DRAINAGE EASEMENT l
t 020 F7—
f I 123' cc
cn vWi � 20 SAN. SEWER EASEMENT ,i � �;...: � �.4:�•-
W c,_ m o I $ LOT 78 $ LOT 79 3 o LOT 80 16N 2 ,�� 81
°C 12, 000 SF o ,o 12, 000 SF 12,037 SF
O N ._ W
�0 QW
38
105 107 k 109
0 12' 1a18�L a1�.�R
Z 80.00' 51.00'. 47.00'`
FOXGLOVE o `--
`�i F--8 I ,n, r _ E
DR,Vt { - r✓ rrnru, Lnx1,3i WENT
54' R/W N 269.00' I 484.28'
N42'51
37
OPEN
SPACE
A g N42'51'04"E 753.28' W
Ezo
ZE FOXGLOVE DRIVE N 54' R/W — .__._
- - -q
80.00' 80.00' 80.00, 80.00' cn
Ex. 20' San. Sewer Esm t. `�' `�' Ex. 20' SanFit wer Esm t.—
DB 933 P 877 a m D8 P
.__ . ...._ ._ _
1102 I 1104 I oo ` #106 ( � _ 1108 �
A.
hh FF � o
LOT 98 to , LOT 97 (o , LOT 96 LOT 95 0 � 94
12,000 SF fz '- 12,000 SF iz 12,000 SF z " 12,000 SF
f i
-J I
80.00' 80.00' I 80.00' 80.00'
S42*51'04'W 935.45' '
k:.
Tx of y
¢� P. DUANE��'
O BROWN
NO. 1285
July 30, /9I
< 9�O SURVS:�Ov
--OPEN SPACE
(SEE SHEET 6 OF 6)
FINAL PLAT
Briarwood Estates,*v Section 5
Stonewall Magisterial District Frederick County, Virginia
DATE JULY 30, 1999 1 SCALE: 1"=60' FILE#: C:\SRIARWOOD\PLATSEC5.DWG
gggbert w cif>fford do associates, Inc.
ENgNEERS - LAND PLANNERS - SURVEYORS
100-C Olds firwnIldi orM Zoo NOM Caiw m SMwt SHEET
noduld-h . Vk9ft 224M Whidmts "lo 22001 3
i540i 006-2110 0 30 60 120 (540) 81117—2130 OF
Il�fr>� 6
WHITE C.4OVEit DRIVE BRIARWOOD ESTATES N SECTION 4 /!7
54 R//W ZONED: RP ( USE: VACANT
74 73DB 93i P 926 7271
N42 51'04"E 1913.56' , ll --I L--10'
3
27. 00' r 95.00' 50.00' 777 UP' 1 � .�K- 02'
DRAINAGE EASEMENT..
�* �l (S68ti71. 34.'9
5' WATER EASEMENT I
LOT 81 _ LOT 82 LOT 83 ool LOT 84 �o, " 85
13,987 SF °�o° 0 12,000 SF o 12,000 SF o 0 12,000 SF o 0
v ao = DRAINAGE EASEMENA (S4070 E)
_ 13 J i L #115 j .�
v`ti I 20,DRAINAGE EASEMENT
15' WATER EASEMENT
... ...... ..- ...... ..... ... .... ...e./Y�_..YnTY.... .T.+T... .YETI.... ...�.....
: ; 80.00 ': 80.00'::
o A=19.6' o
FOXGLOVE DRIVEN 54' R/W 484.28'
T N4251'041E 753.28' T
FINAL PLAT
�D
Briarwood Estateswa Section 5
c Stonewall Magisterial District Frederick County, Virginia
DATE.: JULY 30, 1999 SCALE: 1"=6o' nL—E#: C:\BRIARWOOD\PLATSEC5.DWG
�ggNbed w. dMord & cowdote% Mc.
ENdNEERS - LAND PLANNERS - SURVEYORS
Ju1ao-c aa. fkw""to1' 224 fuCNnwm wrordo M r, SHEET
�Ao 22A01 4
<11(5 0) 000-2115 0 30 60 120 (540) W7-2139 OF
6
BRIARWOOD ESTATES - SECTION 4 L03W
ZONED. RP 1 USE. VACANT
71 70 OB 933 P 926 69
1
N42 51'04"E 913.56' --I 13L —
80 00' F--t 1.2' 177.4T 25.09 10 �'o
w �m
p
(S68 07 E 34.9') ---D�A EASEMENT � � � rn
1 i 1 20 SAN. SEWER EASEMENT r " c=
LOT 86
�j 16,142 SF /
84 !n $ .: LOT 85 ro �'� . �� " 'oSL�m
o ,o ,1 13,980 SF \ �-n�l °� i ':cc+in
CA
-f--20' DRAINAGE EASEMENT O CD
/ rnrn:.rn
�-�: � �i / r y �: z �► 11
5 t LOT 87 00
(S4070 E) 6 \ 12,153 SF ! w "' (n'
15' WATER EASEMENT0.
M
6t48 7 �N Nrn
bo
FOXGLOVE DRIVEN 10 w
0 54 R/W 20 WATER EASEMENT
484.28'4 i COMMON
W N42'51'04"E 753 28' t AREA
Ex. 20 San. Sewer Esmt. �, k
DB 347 P � ... 4�504
101.20, .. ;
0.0 1 20 DRAINAGE EASEMENT��
-+f-20' DRAINAGE EASEMENT 3
f LOT 88
(FC'.. 1; 1118 `Lti 19,120 SF
t,. w
10 - -- --, Ex. 20' San. Sewer Esm).
St
91 $ ,isv �� o�`120 ' cZ� OB 947 P isas
o � LOT 90 Q ,� LOT 89
z �`' 12000 SF Z ") i2,033 SF 1A
t -'' °-^- c,► N4534'E ►"i
1T r r Rr`DRANA(� EASEME
8000106.15'
. I _00
S42 51'04"W 935 45'-: _
Ex. 100' Power Esmt..
OPEN SPACE z DB 256 P 572.- 13
r
(SEE SHEET 6 OF 6) Ex. 10' San. Sewer Esmt.
DB 467 P 596"-:..
FINAL PLAT
,Tx °p `r Briarwood Estates Section 5
Stonewall Magisterial District Frederick County, Virginia
P. DUANE
O BROWN DATE: JULY 30, 1999 1 SCALE: 1"=60' FILE#: C: \BRIARWOOD\PLATSEC5.DWG
8bert w. dtfford & associates. Inc.
NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS
July 30, /999 114 m . M SHEET
<q�O OR- (540) M -211S 0 J0 60 120 (540) e07-2139 OF
SURdE
6
f
HIS ED FEDICATION, made and dated this �,5 day of
y 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 July 30, 1999, known as
Briarwood Estates, Section 5, AND BEING the same property that was conveyed to
SHIHO, INC. by deed dated , 1999 as recorded in Clerk's Office of the
Circuit Court of Frederick County, Virginia in Deed Book 933 at Page 884 and Deed Book
at Page , 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 5, situate in Stonewall Magisterial District,
Frederick County, Virginia, and being more particularly described by the aforesaid plats of P.
Duane Brown, L.S., dated July 30, 1999, 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
� ",� i� 4 � ��qQ H�{�Yf�i?4 �i �0� ifs .��irJ J� i� r�yr.. ,y
� �I� �, ;' __, � i' � �� �-; �n� I 1 1 � � �'�
� ,A�,.i�� I�d,��`.'�rr�y i�l� i��i A i ��I'G�^' � 4n � � A�Ai iNyl,�i�lid�y'}J# di���}�p�i�i� �.
i i i
i,
P
,r
tii
}�