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HomeMy WebLinkAboutBrookneill I, II and III (Irvin F and James E Barb) Back Creek - Backfile (2)October 28, 1976 ,-ir. Irvin F. Barb Twenty --two West Alain Street Berryville, Virginia 22611 In Re: BROM.4EILL 9 I R--2) :lock Creek Magisterial District 15 lots Dear Mr. Barb: The subject subdivision was considered and approved by the Board of Supervisors of the County of Frederick, Virginia at their Regular ?fleeting of October 27, 1976. Please contact me should you need any further information. Sincerely; COUNTY OF FREDERICK, VIRGI_ZIA H. Roaald Berg /I Secretary Planning Commission HRB/ fad CC: J. 0. Renalds., III, County Administrator ;rA�bvri -k (11, i,ulift, C' T r? tY cC c 3 �i.zyi�rtI'iC.:ii� II_ 3.�c%?T., 'il.� iZI.� ... t..:.�-.I?pIlI�'1?s H. o" ,,c..7 BERG 9 COURr St7UAii', PLAhvir.0 REVIEW and CONLXENT EVALUATION WINCHESTER. VIRGLNIA 22607 J. WILLIAM ri!LEY. III ZONING COO:? ADMINISTRATOR Frederick -Winchester Health Department, ATTN /X/ Department of Highways and Transportation, ATTN Mr. R. C. King / REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT /X/ SUBDIVISION /X/ ENCLOSURES: BROOKNEILL Subdivision Section I - Plan & Profile - 2 copies DITTO July 30 Final Plat - 2 sets OWNERs (APPLICANTs) / / AGENTs / / CONTACTS (is) (are) being advised by copy of this form that it is (his) (her) (their) responsibility to contact your office concerning this application as soon as possible. PROPERTY OWNER: Irvin F. Barb & James E. Barb PROPERTY LOCATION: Back Creek Magis. Dist., off Route 621 PROPOSED USE: 15 residential, single-family lots TOTAL ACREAGE: 35.946 + acres YOUR REVIEW and COIMIENTs would be appreciated no later than 19 By: H. Ronald Berg, Deputy Subdivision Admnr. Date: 08/06/76 FOR YOUR COMMENTS: The plans for this development enclosed with your review and comment inquiry_ were destroyed when revised plans were submitted. These revised plans have been approved and returned to the Developer's Engineer. We did not have sufficient copies to enclose one. FOR YOUR SIGNATURE: Date: 1976 662-4532 gzariziirml of ljjlallntiiT!� aiT)f H_ BERG REVIEW and CONL`[ENT EVALUATION J. PILEY, Ili ZONING Coo,_ AOMINISTRATOP /X/ Frederick -Winchester Health Department, ATTN Mr. Robert Wittmann Department of Highways and Transportation, ATTN REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT /X/ SUBDIVISION /X/ ENCLOSURES: 2 copies - BROOKNEILL Subdivision Section I - July 30 Final Plat OWNERS (APPLICANTS) / / AGENTs / / CONTACTs (is) (are) being advised by copy of this form that it is (his) (her) (their) responsibility to contact your office concerning this application as soon as possible. PROPERTY OWNER: Irvin F. Barb & James E. Barb PROPERTY LOCATION: Back Creek Magisterial District, off Route 621 PROPOSED USE: 15 residential, single-family lots TOTAL ACREAGE: 35.946 + acres YOUR REVIEW and COMMENTS would be appreciated no later than 19 By: H. Ronald Berg, Deputy Subdv. Administrator Date- 08/06/76 FOR YOUR COMMENTS / 415 /.9 7/!� %�/��rls'f%e l� `—� D,�i� d �1 t/i�l� t': �1�/cJs4 yi -•° �J' oPlcl 7/ '�'Oc /ev 14!5�;,s - J e -T, -// "q4w;,l 4�7 )- ae4 .�/ r 7�e Zip IJ1,11e-, FOR YOUR SIGNATURE: N fig %F/o'00' fA ✓7`��/Date: le� 7-, `✓ 03/662-4532 REEVED OCT 1 3 1" " . r. ANAL PLAT XXXFFF"�� ,BRO KNEX 1. SUBDIP SECT/ON : "' ArAcK cRfiorK DIsmeT, FREDERlov COUNTY VIRGINIA Sca/e: = 300' MARCH 6, /978 The land contained in this subdivision is a portion of the land conveyed to Irvin 8 James Barb by deed dated 3 May /976 and re - corded in the Frederick County Court Clerk s Office in Deed Book 457 at Page 710 8 7/3. Prepared by: Greenway Engineering 8 Surveying Co. Inc. P. 0. BOX 666 Winchester, Virginia Sheet / of 3 R 3 STD_^hrEBFO FAAWS' sit' / , f20OAD,00,1 00 i ,oO � l dt2. �?" , G� `O1 2 o ctr c �4� Sbo cl J i 5�e 'Sp a0 N - 6 103 2' 15.974 Ac. 300.00' 00 E 000 �\ �0026: oo N37007' i9„E � _\ N SA0 IS 60'H/ WXX- N6/°5/'43"W_JI r r- 268.83' 0 ��� 643°00'00"W '.� N56°57'00"Wji\ 322. 80` 24 3 `��BROOKNEILL DRIVE A = 132.94' r r 203.10' CH - 97.10' ADDITIONAL COMMON AREA CH" 8 _ S 19 °57'38 "W FOR SECTION Y r � 4 FINAL PLAT BROOKNEIL L SUBDIVISION SECTION ]- BACK CREEK DISTRICT, FREDIERICK COUNTY V/RGINIA MARCH 6, 1978 Sheet 3 of 3 VIRGINIA FREDUOM CC)U4TY. SCT. This It of vl t ^g was P{�'x xf to me ,ct tfie day of at snd w^th certificate of acknow1odgment thersto .sexed was admitted to record. .%� ✓✓,e �a—�%``�— Clerk. TOTAL AREA = 60.600 ACRES s r� SY00/0,00 "! 1762.24 P70.00' ♦ .' 962.24 r' E 578o 23'+, � p p p r - COMMON AREA 7800. 10.602 Ac. °" \ - PO' RIDING TRAIL N 1 qj 'o- LOT 44 ~ 0� 1 0 6.166 Ac. so 4 S 690 6!' 06"E00 a N66_06'/3"W B/J�YO' I 1 i I i c LOT 4B 1 ° N.3 6.I85 Ac. o°r o LOT 43 01 I 1 0 3-N e 1 ° 6.062 Ac. 1 822.17' 0� ORIGINAL D/V/S/OA bl b h i L S69063'06"E ,— .— b " 0 N66006'/J"W 837.22' I 1 A, h 0,/ I 283.00' 332. PP' 1 I I 410 5.025 Ac. �` 1 Z b b //0.07.•'• S/6003'27"E a Io A` 1 I l b ` 300.00' .0 LOT 42 a b a I $690 6J' 06"=� 7BB.23r 5.209 Ac.0 b rr ~ z w 1 I /B9.93' ♦ O M LOT 40 sCi LOT 46 f o . b 5.I6/Ac. Ns60os'/3"w Jet Yt' 1 e 5.B49 Ac. g� ` F ------ I a ;,----_--- a ° W 2 e A �—20'Droinope Easement I 1 r"E Bl/.62' h O ! 1 1 S 690 4506 b O LOT 41 I 1 a \ 5.322 Ac. a ► i' LOT 45to 5.019 Ac. ��, o -- -- Do'-- ---- B66_63=��----03. L p 446.28' ----4h_-------- N66009'26"W I 87J.63' N66035'27"W PJ' BROOKNEILL DRIVE 60' R/W G O R-28627.89' 1 #8 jefa7. As /77. PI' As So.76l A" ooOP/'/7" As 000oz Ts 66.6P' 7s //.Os' Co. r 177.Z41 cm. s so. l 0B. r N99021'16"W C.As N61 O R+ 2062789, A= PO0.00' A 00DR4'0/" T+ loo.00' CH., zoo. 00' C. B. r N 660e1'P6"W 6Arfkwr tavolAplww • mIIt UA1 A&awwe wAlm/a 6 6 FIMU PLAT BROOKNE/L L SiSDIII&ON BACK SECTION. Y' CREEK 0/STR/CT BRICK Claw V/R6/MIA FINAL PLAT BROOKNEILL Section I Back Creek District, Frederick County, Virginia 30 July 1976 L Oc_A T. C---v MAO 01 Fd APPROVED BY: FREDERICK COUNTY Board of Supervisors Planning Commission "Subdiviiiion Administrator VIRGINIA Department of Highways Owner's Certificate Date Date o Date Date The above and foregoing subdivision,of Brookneill as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and true s, if any. Irvin F. Barb --James E. Bar Surveyor's Certificate 1 hereby certify that the land in this subdivision is a portion of the land conveyed to Irvin F. Barb and James E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Offico in Deed Book 457 at Page 713. H. Bruce Edens, C.L.S. INC. ,x. Sheet I of 7 The accompanying plat represents a su6vey of a portion of the land conveyed to Irvin F. Barb and James E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 457 at Page 713. The aforesaid land fronts on the South side of Va. Route 621 a short distance West of Va. Route 628 kMiddle Road) and is bounded as follows: Beginning at an iron pin at the Northwest corner of the Glaize land in the South boundary line of Va. Route 621; thence with Qlaize for the following two courses: S88°44'33"W - 163.05 ft. to a post; thence S06°54'27"W - 936.18 ft. to a White Oak, a corner to Bean; thence with the West line of Bean, S49°05'30"W - 271.58 ft. to an iron pin, a corner to the Smith land; thence with the Smith land for the following five courses: S40040'22"W 378.22 ft. to a Poplar tree; thence N63048'13"W - 218.96 ft. to a poplar tree; thence S82°14'04"W - 340.81 ft. to a black oak tree; thence S73°04'52"W - 363.35 ft. to an iron pin; thence N560S7'00"W - 183.67 ft. to an iron pin in the South boundary line of Brookneill Drive; thence with the chord of a curve to the right N19057'38"E - 97.10 ft. (Radius=50.00 ft.) to an iron pin in the West line of Brookneill Drive, a corner to the Retained Portion; thence with the West s i de of said Brookneill Drive and the Retained Portion N43000'00"E - 322.80 ft. to an iron pin; thence with the East line of the Retained Portion N29000'00"E - 1148.34 ft. to an iron pin, a corner to the Cooper land; thence with the Cooper land for the following two courses: N88044'33"E - 38.85 ft. to a post; thence N33004'06"E - 520.01 ft. to an iron pin in the South boundary •line of Va. Route 621; thence with the arc of a curve to the left 217.64 ft. (Chord=S44022'09"E - 215.27 ft. - Radius=425.00 ft.) to the P.T.; thence S59°02'23"E - 329.95 ft. to the P.C. of a curve to the left; thence w i-th the arc 217.82 ft. (Chord=S64056' 58"E - 217.44 ft. - Radius=1057.66 ft.) to the beginning. Containing . . . . . . 35.946 Acres Surveyed . . . . . . . 30 July 1976 Area in Lots = 32.750 Acres Area in Street = 3.196 Acres Sheet 2 of 7 'r E G�ni18 21 ,,,e 5 Now of Iroimer/y RiChOrd Cooper 00' 00 N' 770.00 Srooknei!/ Drive 60, R/W /G J%L � S 29° 001 oO1TW !� Re%ine d `� Portion —In= Sheet 3 of 7 rt 1 "✓i/p� pr Fps • � J � h s.. B�p9i 54 fo�m�r�y N o6 2 a 2 8 • tow of a O J 41 o �b a a W o LOT 4 LOT 5 0 2.35 Acres o 2.74 Acres o o O o � 2 � 50' 8,ui/ding_ Restriction Line 225. 00 21100, Brooknei// Drive 60, R/w / 9 .0.q /90.00 / 45. 00' A-60.T 50 Bui/ding Restriction Line r LOT/3 I LOT /2 LOT 2" O/ Acres 2 O/ Acres 2, O / A ores �i Qi 0 � a h W z31 � olIra a o W O �,o O O olo 0 o 0 /90,00 /90. 00, 205.12 5 29' 00 " 00 " w //4834 I I .Retoined �b/JtDn iI Sheet 4 of 7 0 0 Na Foi�jer/y � L end 510 22„ E W ?60 T� 6- Oyu h crams �` h-I h V 4� Z 2 00 �is� e CO IN 0 N � 1 w h 4 CO d1 � I �I \ S 29 ° 00 "" 00" w1 irrA I 4 I� I Retained Portion IM 1 Sheet 5 of 7 P Stiwa� b of 7 r CURVE TABLE Curve No. Delta Radius Arc Tangent Chord Ch. Bearing 1 09°41'11" 1057.66' 178.81' 89.62' 178.59' S66°00'23"E 2 77050'10" 25.00' 3J.96' 20.19, 31.41' N79052'34"E 3 64046'51" 25.00 2 .27' 15.86' 26.78' S26038'58"E • 4 29°20'29" 425.00' 217.64' 111.26' 215.27' S44022'09"E 5 19003'26" 305.00' 101.45' 51.20' 100.98' N50028'17"E 6 17054'34" 245.00' 76.58' 38.61' 76.27' S51002'43"W Center Line 22°09'31" 275.00' 106.35' 53.85' 105.69' S48055'14"W 7 31000'00" 445.00' 240.77' 123.41' 237.84' N44030'00"E 8 31000'00" 505.00' 273.23' 140.05' 269.91, S44030'00"W Center line 31000'00" 475.000 257.00' 131.73' 2 3.88, S44030'00"W 9 77036'00" 305.00' 413.08' 245.23' 382.23' S67048'00"W 10 77036'00" 245.00' 331.82' 196.99' 307.04' S67048'00"W Center Line 77030'00" 275.00' 372.45' 221.11' 344.63' S67048'00"W 11 630'00" 295.00' 327.46' 182.91' 310.90' S74048'00"W 12 63036'00" 355.00' 394.06' 220.11' 374.14' S74048'00"W Center Line 63°36'00" 325.00' 360.76' 201.51' 342.52' S74°48'00"W c.: LOTS ON CURVE Lot No. Chord Distbnce L Chord Bearing 1 26.78 S26038'58"E 1 76.27' S51002'43"W 1 269.91' S44030'00"W 2 237.84' N44030'00"E 2 .J00.98' N50028'17"E 2 31.41' N79052'34"E 2 178.59' S66000'23"E 6 224.9 ' S50038'22"W 7 179.98' S89026'22"W 7 105.73' N83043'23"W 8 216.02' S64028'38"W 9 92.02' N56°49'5O"E 10 257.46' S74054'09"W 10 374.14' S74°48'00"W tl 60.59' S36006'09"W 15 • 215.27' S44022'09"E n FINAL PLAT BROOKNE I LL Section 1 Back Creek District, Frederick County, Virginia ' yt, 30 July 1976 HING SURVEYING CO., INC, 'WAY EMN? GREEN Winchester. Va. Shaat 7 of 7 t/ FINAL PLAT BROOKNEILL Section I (7© � Back Creek District, Frederick County, ,/ Virginia hno Q1t 30 July 1976 P"r- FREDERICK COUNTY 0000- 0001-vvv r i a" { /4 _ a j- APPROVED BY COMMON COUNCIL, CITY OF WINCHESTER, VA.149MN&&9419.2k �Pe CITY. MANAGER APPROVED BY; Board of Supery i sors p % Date Planning Commission 1q, Date 1 vl ;? a / 7b Subdivision Administrator j�•0, 0ate 1--i-a- T� _'3.77 VIRGINIA Department of H-i ghways ate 11-13l'-74 LOTS ARE SUEJ7CT Mn nrrrn7 OR DISAPPROVAL ON AN INDIVIDUAL 101P " -T7 LOCATION OF THE WATER SUPPLY AND THE I1d T__�;_ _C?I OF THE SEWAGE DISPOSAL SYSTE . Vdil.1i�; F Lord Fairfax Health i; Owner's Certificate The above and foregoing subdivision of Brookneill as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trus�ees, if any. Irvin F. Barb James E. Barb Surveyor's Certificate I hereby certify that the land in this subdivision is a portion of the land conveyed to Irvin F. Barb and James,E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 457 'at Page 713,Je. H. Bruce Edens C.L.S. 'c� A qR. NV! 3 INC c, tr4 1 {bI.c Sheet I of The accompanying plat represents a survey of a portion of the land conveyed to Irvin F. Barb and James E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 4S7 at Page 713. The aforesaid land fronts on the South side of Va. Route 621 a short distance West of Va. Route 628 (diddle Road) and is bounded as follows: Beginning at an iron pin at the Northwest corner of the Glaize land in the South boundary line of Va. Route 621; thence with Maize for the following two courses: S88°44'33"W - 163.05 ft. to a post; thence S06°54'27"W - 936.18 ft. to a White Oak, a corner to Bean; thence with the West line of Bean, S49°05'30"W 271.58 ft. to an iron pin, a corner to the Smith land; thence with the Smith land for the following five courses: S40°40'22"W - 378.22 ft. to a Poplar tree; thence N63048'13"W - 218.96 ft. to a poplar tree; thence S82014'04"W - 340.81 ft. to a black oak tree; thence S73°04'52"W - 363.35 ft. to an iron pin; thence N560S7'00"W - 183.67 ft. to an iron pin in the South boundary line of Brookneill Drive; thence with the chord of a curve to the right N19057'38"E - 97.10 ft. (Radius=50.00 ft.) to an iron pin in the West line of Brookneill Drive, a corner to the Retained Portion; thence with the West side of said Brookneill Drive and the Retained Portion N43°O0'00"E - 322.80 ft. to an iron pin; thence with the East line of the Retained Portion N29000'00"E - 1148.34 ft. to an iron pin, a corner to the Cooper land; thence with the Cooper land for the following two courses: N88044'33"E - 38.85 ft. to a post; thence N33004'06"E - 520.01 ft. to an iron pin in the South boundary line of Va. Route 621; thence with the arc of a curve to the left 217.64 ft. (Chord=S44022'09"E - 215,27 ft. - Radius=425.00 ft.) to the P.T.; thence S59002'23"E - 329.95 ft. to the P.C. of a curve to the left; thence with the arc 217.82 ft. (Chord=F,�'64056'58"E - 217.44 ft. - Radius=10S7.66 ft.) to the beginning. Containing 35.946 Acres Surveyed 30 July 1976 Area in Lots = 32.750 Acres Area in Street = 3.196 Acres PROVAL ON APPRO1T XL OR ITION ON THE W AT s K, ARE SUBJECT TO TO Tg� LOCATION OF DISPOSAL ��-- LOTS LOT BASIS AS J THE SEWAGE INDIVIDUAL INSTALLATION OF SUPPLY AND THE SYSTEM ie d, Ivi. Di ctiv�� �Jilliam H. Hatf Dis Lord Fairfrict ax Health C.�� Sheet 2 of 7 o" Fred 06 ° 5 z� N Izz� rmerlY or Fo N o v+ 0 o 40033 � W LOT 2 LOT2.0/ Acres 3 � 2.0/ Acres 2 � 4 \ sui/ding Restriction _ Line— _ � ,4240�, 247.00 66e 87OO _ S 29° 00, 00 y 77000 cVl r�� _ q zj32B Brooknei!/ Drive 60, R/W cep 5 ..00 /95.00 I -- lb �I LOT / 2./0 Acres - LOT /4 � 2.08' Acres oa N 32° 0/' /5" E 398.42 F I b L O T /5 N 1 2.04 Acres O ti �h b 45318 S 33° 04 p6 yr 66. 63' try cp Now of �oimer/y RiChord C LOTS ARE SUBJECT TO I_PpRAL OR DISAPPROVAL ON AN IYDIVIDUAL LOT BASIS AS TO THE LOCATION OF THE WATER ,Ur'PLY AND THE INSTALLATION OF THE SEWAGE DISPOSAL n S 290 00 001 W a Retain d Fbrfion Sheet` 3 of 7 t4 � Z Fred D 5 3 Formerly N 06 24 2 e Of N� h S' Bea G/ 0 0 a w LOT 4 LOT 5 00 2.35 Acres o 2.74 Acres o � o °o a O O 50 BNi/ding Resfric/ion Line 225.0 / . _ S 29' 00"'00" W _ Srooknei// Drive 60, Rlw /9 .O� /90.00 145.00, Bui g Res friction L i ne LOT/3 LOT 12 LOT 2.01 Acres 2 0/ Acres 2.0/ Acres 0 a � aIE h W IZ)°) IZ)n LOTS E S' c , T TO APPROVAL OR DI PPROVAL ON AN OF THE WATER O � A ?TTDIVIDU.AL LO E LOCATI IS AS TO THE SE GE DISPOSAL p QTJ�PLY AND T TALLATION OF THE SYSTEM. ; cp r !��ate � William H. Ha f�eld, M.D. it ctoT Lord Fairfax e lth Dist ict /90�001 /90.00, 205"/2 S 291, 00 " 00" W //48.34 Retained �brtu9r� , `y�, r w Sheet 4 of 7 O O J < yy� Noh" of �r�m bl� l `Smith N 4 Qnd lye 22, 3�822 , N0R1 m N h 'Q�'I- �•� o 4, av IN �1� a oF: \� N -I) o v� O_ \ `o PROVAL ON AN ,LOTS 1 AUBJE� N OF THE WATER TO APPR L OR D 44 T BASIS S TO THE ATIO . S 290 INSTA z_ ny-AGE DISPOSAL P�AI� t�� SYST?d l, Rejoined Portl n I� i Directo Date William H. Hat ie16 I D Lord Fairfax Healt D;. s ric,t 7 =' Sheet 5 of 7 0 SUBJECT TO APPrO7Al OR DISAPPROVAL 11fN kR LOTS ARE TO TUE LOCATION OF T. INDIVIDUAL LOT BASIS AS C D THE INSTALLI�TICN OF THE SE`�ti'=`AGE DISPOSAL sT3FPLY AN SYSTEM-/ I j/ A Date Sheet 6 of 7 r s 4 CURVE TABLE Curve No. Delta Radius Arc Tangent Chord Ch. Bearing I 09041'11" 1057.66, 178.81, 89.62' 178.59' S66000'23"E 2 77°50'10" 25.00' 33.96' 20.19' 31.41' N79°52'34"E 3 64„°46'51" 25.00' 28.27' 15.86' 26.78' S26038'58"E 4 29620'29" 425.00' 217.64' 111.26' 215.27' S44022'09"E 5 19003'26" 305.00' 101.45' 51.20' 100.98: N50028'17"E 6 17054'34" 245.00 76.58' 38.61' 76.27, S51B02'43"W Center Line 22°09'31" 275.00' 106.35' 53.85' 105.69SW 55'14"W 7 31°00'00" 445.00' 240.77' 123.41' 237.84' N44030'00"E 8 31°00'00" 505.00' 273.23' 140.05' 269.91' S44030'00"W Center Line 31°00'00" 475.00' 257.00' 131.73' 253.88' S4403010011W 9 77036'00" 305.00' 413.08' 245.23' 3 2.23' S67048'00"W 10 77036'00" 245.00' 331.82' 196.99' 307.04' S67048'00"W Center Line 77036'00" 275.00' 372.45' 221.11' 344.63' S67048'00"W II 63036'00" 295.00' 327.46' 182.91' 310.90' S74°48'00"W 12 63036'00" 355.00' 394.06' 220.11' 374.14 S740'4.8'00"W Center Line 63°36'00" 325.00' 360.76' 201.51' 342.52' S74048'00"W LOTS ON CURVE Lot No. Chord Distance Chord Bearing I 26.78' S26038'58"E 1 76.27' S51002'43"W I 269.91' S44030'00"W 2 237.84' N44030'00"E 2 100.98' N50028'17"E 2 31.41' N79052'34"E 2 178.59' S66°00'23"E 6 224.95' S&0038' 22"W 7 179.98' S89026'22"W 7 105.73' N83043'23"W 8 216.02' S64028'38"w 9 92.02' N56049'50"E 10 257.46' S74054'09"W 10 374.14' S74048'00"w II 60.59' S36006'09"W 15 215.27' DISA b°v�'c�t9A'� Ld 70 AfirOilAL Tyr OR LOC�T?ON GF THE WATER IVI ITAt tbT milib= BN818 t' ' To �' G f GF 'T1IE SL`"J �GE DISPOSAL "off , DDirector Y�f-�.- Iiatfield, �? 7d Fairfax Health D,istr1.ct Back Creek ib r M FINALPLAT BROOKNE I LL Section I District, Frederick County, Virginia 30 July 1976 - , GREENW Y ENUKERNG & MVEYING CO., INC. P. a. Box S 4"6 Winchester. Va. Sheet 7 of Q • FINAL PLAT • BROOKNEILL Section I Back Creek District, Frederick County, Virginia 30 July 1976 td FREDERICK COUNTY LOGgr/O�/ MAO SG�LIC /' e Laoo `0 Q APPROVED BY COMMON COUNCIL, CITY OF WINCHESTER, APPROVED BY: ,�t �xth CITY MANAGER �} --} Board of Supervisors o ti /�6-67ti-k Date r�J Planning Commission j -v,�� � � Date Subdivision Administrator Q, Date I V I RG I N I A Department of H i ghways Owner's Certificate The above and foregoing subdivision of Brookneil) as appears in the accompanying plat is with the free consent and in accordan with the desires of the undersigned owners, proprietors, and trustees, if any. Irvin F. Barb James E. Ba Surveyor's Certificate I hereby certify that the land in this subdivision is a portion of the land conveyed to Irvin F. Barb and James E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 457 at Page 713. H. Bruce Edens, C.L.S.rr��''�-� a j� � � ►��+F �.3,:+SI t��ij`P1 d9 #��� fx. l."r � w- !i� > «` 54 1; 3 (b)162 r`' a.•;i�L" Sheet I of 0 • The accompanying plat represents a survey :he land conveyed to Irvin F. Barb and James E. 3 May 1976 and recorded in the Frederick County in Deed Book 457 at Page 713. of a portion of Barb by deed dated ._. Court Clerk's Office The aforesaid land fronts on the South side of Va. Route i21 a short distance West of Va. Route 628 (Middle Road) and is )ounded as follows: Beginning at an iron pin at the Northwest corner of the Glaize land in the South boundary line of Va. Route 621; thence with Glaize for the following two courses: S88044'33"W - 163.05 ft. to a post; thence S06°54'27"W - 936.18 ft. to a White Oak, a corner to Bean; thence with the West line of Bean, S49°05'30"W 271.58 ft. to an iron pin, a corner to the Smith land; thence with the Smith land for the following five courses: S40°40'22"W - 378.22 ft. to a Poplar tree; thence N63°48'13"W - 218.96 ft. to a poplar tree; thence S82014'04"W - 340.81 ft. to a black oak tree; thence S73°04'52"W - 363.35 ft. to an iron pin; thence N56°57'00"W - 183.67 ft. to an iron pin in the South boundary line of Brookneill Drive; thence with the chord of a curve to the right N19057'38"E - 97.10 ft. (Radius=50.00 ft.) to an iron pin in the West line of Brookneill Drive, a corner to the Retained Portion; thence with the West side of said Brookneill Drive and the Retained Portion N43°00'00"E - 322.80 ft. to an iron pin; thence with the East line of the Retained Portion N29000'00"E - 1148.34 ft. to an iron pin, a corner to the Cooper land; thence with the Cooper land for the following two courses: N88044'33"E - 38.85 ft. to a post; thence N33°04'06"E - 520.01 ft., 14 to an iron pin in the South boundary line of Va. Route 621; thence with the arc of a curve to the left 217.64 ft. (Chord=S44°22'09"E - 215.27 ft. - Radius=425.00 ft.) to the P.T.; thence SS9002'23"E - 329.95 ft. to the P.C. of a curve to the left; thence with the arc 217.82 ft. (Chord=S64056'58"E - 217.44 ft. - Radius=10S7.66 ft.) to the beginning. Containing . . . . . . 35.946 Acres Surveyed . . . . . . . 30 July 1976 Area in Lots = 32.750 Acres Area in Street = 3.196 Acres Sheet 2 of 7 •fir• �� E 61L 21 `red 060 5 ,5 JJ - u v vo rr Now of &Ormer/y Richard CooPer - 7700�-- _ 29c'00 „ Drive W\`�'r_ 3> $ 290 00 'Oli v� Reioined Fbr/ion • r 4 ga °rmer�� Fre N 06° 242 B3 � or F �o / n a� O Q W OT 4 O h 3 LOT 5 3 L 0 235 Acres o 2.74 Acres p tyl) O O h a ~ a � C o �o Q J h 2 50_ BNi/ding Restriction Line S 29° 00,=00 WW — _ 5rooknei// Drive 60 R/W / 90 00 / 977-- / 45. 00 � A60.7 —1 Restriction 30 Bui/ding Line LOT/3 I LOT /2 LOT 2.0/ Acres 2 0/ Acres 2.0/ Acres �o O �o d' ` c, `p I o O W O 40 r O I ( /90�00/90.00 205.i2 6. .g 29 00 j 00" W //4834 Retained �-brti�n I Sheet 4 of 7 f 0 v No tr o� Foi���il' sn7i1/� N q0 o L ono+ S 29p 00 00 Re/ained PoNfon '� j <'O">, 0 0 T 0 i tS 0 \ a :moo N ^ �s Ovk N pR 0 \ s � 0 o o o w A 1r6 eI h Reloined � Porlian Sheet 6 of % im-. r1 •ve No. Delta Radius CURVE TABLE Arc Tangent Ch. Bearing I 09041'11" 1057.66' 178.81' 89.62' 178.59' S66000'23"E 2 77050'10" 25.00' 33.96' 20.19' 31.41' N79052'34"E 3 0 64046'51" 25.00' 28.27' 15.86' 26.78' S26038'58"E 4 29020'29" 425.00' 217.64' 111.26, 215.27' S44022'09"E 5 19003'26" 305.00' 101.45' 51.20' 100.98' N50028'17"E 6 17054'34" 245.00' 76.58' 38.61' 76.27' S51002'43"W enter Line 22009'31" 275.00' 106.35' 53.85' 105.69' S48055'14"W 7 31000'00" 445.00' 240.77' 123.41' 237.84' N44030'00"E 8 31000'00" 505.00' 273.23' 140.05' 269.91' S44°30'00"W tenter Line 31000'00" 475.00' 257.00' 131.73' 253.88, S44030'00"W 9 77036'00" 305.00' 413.08' 245.23' 382.23' S67048'00"W 10 77036'00" 245.00' 331.82' 196.99' 307.04' S67048'00"W Center Line 77°36'00" 275.00' 372.45' 221.11' 344.63' S67048'00"W II 63036'00" 295.00' 327.46' 182.91' 310.90' S74048'00"W' 12 63036'00" 355.00' 394.06' 220.11' 374.14' S74048'00"W Center Line 63°36'00" 325.00' 360.76' 201.51' 342.52' S74048'00"W LOTS ON CURVE Lot No. Chord Distance Chord Bearing I 26.78' S26°38'58"E 1 76.27' S51002'43"W 1 269.91' S44°30'00"W 2 237.84' N44030'00"E 2 100.98, N50-28.17"E 2 31.41' N79052'34"E 2 178.59' S66000'23"E 6 224.95' S50038'22"W 7 179.98' S89026'22"W 7 105.73' N83043'23"W 8 216.02' S64028'38"W 9 92.02' N56049'50"E 10 257.46' S74054'09"W 10 374.14' S74°48'00"W 11 60.59' S36006'09"W 15 215.27' S44022'09"E li4X ( FINAL P LA T BROOKNE I LL Section 1 Back Creek District, Frederick County, Virginia 30 July 1976 GREENVAY ENG!, HRING & SURVEYING CO., INC. winhaster. Va. Sheet 7 of 7 r34 6OT 23 0++i i.. to 5,045 A ;� }�`` L0t 38Ac- *� 78 q 1 2iI Q�t cC:emen) L :j..� / P� �� $ .29 n3 i 3 LO 37'. 4ai3to '3od�E ' t~ LOT w; 53 .: 58 �85.93' 014;T r � 9 � ` C 5.vi3� G' �,% r � $ 584 ', a9yo rprt. „�"fq g! v� f A t j 20 Draena7� r a �✓ "�- 488`61 , S J k �d� f 1�511.02'1 5r \ i \ / Us�manl t .0 , JgJpg TRAIL v® .t a J j,.a JJv�" l5 G19 JSQ.lh3 »� x - T 2Q eA. / U` �ljl a2, i Jaa•� A ..- T Ac. ®� x 62 44 05 L r--�._�_ot`3!"w�i`t7 lh:� I� = LOB 32 ese.�a 6.000 Ac. r LOT \ a -; 5:6 qd �. ""'� �. ,u.; ��'; (�� [Y��.�.: Syr- �[y 1 7 �. �a"�^`�+� �^ ��,•�"x'�I 2r• ��, s� �% _ � Y S ... , 47 Q-„CO. C%f � +�dC`P�d - �._.'�+- ; .ec. :. �, }� `*:, i�' �.;.• �"`.`,x�,�. ". :_ �+ �*�.. r,� 'k''7,-" �..,a-�. - ,�. 2 AP 00. fe b wd/f jt� x �'214-� t� - '�\, _ 7�� �� _ ��__-,/sue •.�7� � � 3 � �` . `" `"' 1 r ��-�5. `�' 3 � �. -SSE, {� s :..cam-'®-'� � � i t s'.� 9� � -, � f'� ��• �` �°��,� it C tv �{ ♦ T 4 / 0 ~ s M1 e �, (� ,---,-D ,A aAl Sell t FINAL PLAT BROOKNE 1 LL Section Back Creek District, Frederick County, M Virginia / 30 July 1976 0 [OCq TiOiv MAP // .f•.0 A B�.kiUEiL-L .56'. ,L APPROVED BY: FREDERICK COUNTY r Board of Supervisors Date Planning Commission Date Subdivision Administrator Date VIRGINIA Department of Highways Date Owner's Certificate The above and foregoing subdivision of Brookneill as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. Irvin F. Barb James E. Bar Surveyor's Certificate I hereby certify that the land in this subdivision is a portion of the land conveyed to Irvin F. Barb and James E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 457 at Page 713. 1 �ie a t H. Bruce Edens C.L.S. Sheet I of 7 The accompanying plat represents a survey or a portion of the land conveyed to Irvin F. Barb and James E. Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 457 at Page 713. The aforesaid land fronts on the South side of Va. Route 621 a short distance West of Va. Route 628 (Middle Road) and is bounded as follows: Beginning at an iron pin at the Northwest corner of the Glaize land in the South boundary line of Va. Route 621; thence with Glaize for the following two courses: S88°44'33"W - 163.05 ft. to a post; thence S06°54'27"W - 936.18 ft. to a White Oak, a corner to Bean; thence with the West line of Bean, S49°05'30"W 271.58 ft. to an iron pin, a corner to the Smith land; thence with the Smith land for the following five courses: S40°40'22"W 378.22 ft. to a Poplar tree; thence N63°48'13"W - 218.96 ft. to a poplar tree; thence S82°14'04"W - 340.81 ft. to a black oak tree; thence S73°04'52"W - 363.35 ft. to an iron pin; thence N56°S7'00"W - 183.67 ft. to an iron pin in the South boundary line of Brookneill Drive; thence with the chord of a curve to the right N19°57'38"E - 97.IO.ft. (Radius=50.00 ft.) to an iron pin in the West line of Brookneill Drive, a corner to the Retained Portion; thence with the West side of said Brookneill Drive and the Retained Portion N43°00'00"E - 322.80 ft. to an iron pin; thence with the East line of the Retained Portion N29000'00"E - 1148.34 ft. to an iron pin, a corner to the Cooper land; thence with the Cooperland for the foj 1 ow i n two courses: N88044'33"E - 38.85 ft. to a post; thence N33°04'09"E - 520.01 ft. to qn iron pin in the South boundary line of Va. Route 621; thence with the arc of a curve t6 the left 217.64 ft. (Chord-S44°22'09"E - 215.27 ft. - Radius-425.00 ft.) to the P.T.; thence S59002' 23"E - 329.95 ft. to the P.C. of a curve +to the left; thence with.the arc 217.82 ft. (Chord=S64°56'58"E a :217.44 ft. - Radius=1057.66 ft.) to the beginning. Containing 35.946 Acres Surveyed 30 July 1976 Area in Lots a 32.750 Acres ` Area in Street = 3.196 Acres Sheet 2 of 7 oo ajo r E G Fred �o,18 21 d �. 0 54 z� N rn or Fo rmerlY a _ _ Now a 1 00.33 1 LOT 2 N ") L O T, Acres 2,0/ Acres 2.0/ h O ►j� �' S -Q� Bui/ding Resfiicfion L ine_ _. _ 424�T� 247.00' B7.00' — 290 00' 00" _W 770.00� \ _ 4 z�32B Brookneill Drive 60' R/W m i \ \ O.0000 Lin e 0) L 0 T o2.10 Z Acres L 0 T /4 o 2.08 Acres N N 32a O/' /5� E 398. 92 O k I LOT 15 N 1 2.04 Acres O / o 45J.. /B �0 (� S 33' 04 06 W 520. / 66. B3� Now or A�ormeey Richord Coo,oer/2 a S29°00,00, W ' Refoine 4 ' Fbrfion Sheet 3 of. 7 11 jr r+ Diem° Fred 0 5a 2 - Formerly N 06 042 83 ld of N° e a W o LOT 4 3 LOT 5 O 2.35 Acres o 274 Acres o M o O O y 2 2 50 BNi/ding Restriction Line 225.00 21100, _ 5 29' 00"'00" W _ Srooknei// Drive 60� R/W 190,00 / 90.00 145. 00' .460..7 r 50 — Bui/ding Restriction — — — — Line ---- - i LOT/3 LOT /2 LOT 2.0/ Acres 2,0/ Acres 2,0/ Acres b b a a. 3 � W ° ° ° b vi b y /90,00 /90. 00, 205.12 5 290 00' 00" W //48.34 Re>oined Porlu9n f O J Sheet 4 of 7 O v Z N Nary or FO/�jB�/y S,r�ilh end 040, 29B 22 `?6'p l 6' �cr�s 00 0 -- --, z0 , m N ° CIS O „ 4 . ,S 29 ° 00 00� W Retained Portion ` N0 Sheet 5 of 7 Sheet 6 of 7 I CURVE TABLE Curve No. Delta Radius Arc Tangent Chord Ch. Bearing 09041'11" 1057.66, 178.81, 89.62' 178.59' S66000'23"E 2 77050'10" 25.00' 33.96' 20.19' 31.41' N79052'34"E 3 164046'51" 25.00' 28.27' 15.86' 26.78' S26038'58"E 4 29020'29" 425.00' 217.64' 111.26' 215.27' S44022'09"E 5 19003'26" 305.00' 101.45' 51.20' 100.98' N50028'17"E 6 17054'34" 245.00' 76.58' 38.61' 76.27' S51002'43"W Center Line 22°09'31" 275.00' 106.35' 53.85' 105.69' S48°55'14"W 7 31000'00" 445.00' 240.77' 123.41, 237.84' N44°30'00"E 8 31000'00" 505.00' 273.23' 140.05' 269.91' S44030'00"W Center Line 31000'00" 475.00' 257.00' 131.73' 253.88' S44°30'00"W 9 77036'00" 305.00' 41308' 245.23' 382.23' S67048'00"W 10 77036'00" 245.00' 331:82' 196.99' 307.04' S67048'00"W Center Line 77036'00" 275•00' 372.45' 221.11' 344.63' S67048'00"W 11 63036'00" 295.00' 327.46' 182.91' 310.90' S74048'00"W 12 63036'00" 355.00' 394.06' 220.11' 374.14' S74048'00"W Center line 63°36'00" 325.00' 360.76' 201.51' 342.52' S74048'00"W LOTS ON CURVE Lot No. Chord Distance Chord Bearing I • 26.78' S26038'58"E 1 76.27' S51002'43"W 1 269.91' S44030'00"W 2 237.84' N44030'00"E 2 100.98' N50°28'17"E 2 31.41' N79052'34"E 2 178.59' S66000'23"E 6 224.95' S50038'22"W 7 179.98, S80 26'22"W 7 105.73' N83043'23"W 8 216.02' S64028'38"W 9 92.02' N56049'50"E 10 %257.46' S74054'09"W 10 374.14' S74048'00"W II 60.59' S36006'09"W 15 215.27' S44022'09"E FINAL PLAT BROOKNEILL Section Back Creek District, Frederick County, Virginia 30 July 1976 r A N-0 ��,. �� 6REENWAY Mwi I ING & SURVEYING CO, INC. P. G. Box 566 Winchester, Va. Sheet 7 of 7 1 1 && fT`'"+YF`iA i r MR4R�Ax"�%'di'AXB'' /I& � •p c Z Ax 68.59' " �I RETAINED 2r 1�. CH. NBO°59.32 E Pwrm j` CCU M lr,,,% -,E t!o.S6600, 9E � 1 5q.1': ; jai�55 9 6 /O S66°3C3P7"E 4 06-mf / S37007;3g'w fj �q.j i j (D}1o2 A=223.84'283.27 �....... 00 pS.3/' .� CH =SR7°c'W 27mc /73.63 3//. ?B /35.Q7 C.a N D o�35 ?2/.54' �SB.81 636g3 6 0, P% Groenwoy Enyineeifny 8 Sw►bldn� Gb. Inc. �? 619 S• OSB dies 1 P 0. Box 666 t p tf 5.3904 Aces t Winchester Virginia O 2 41,F - 965.9478. N62053'/5 {r • I 8 .4'62*�' 702. 47 4. // 4/ !►' - g6/. (XI'/? 'S7's,QCMs a r N A3 .pc� Ades t� � c ' 1. SSgo E s a 300 uv 040r ~ 96/ O 7 B ti k w. " 041" Acies >s 956.06 7?3.87 4 ®.92/ ,QC�es Qj 9 �^ M _ _ � o /6. ^ 421.94 yFo �3s' v, 469 Acies � /off All Bwnngs and DisRonces are ' 64 ib ttb center of Abe street{ Sca/s 83 35 1 W 2226. Esrn Toto/ 4crL-GW 102.634Ac. 0 6 j011.54' N BOYD Sheer ? of 5 NO DEL M RADIUS ARC TAwENT chow cHORO BEr4R/hG / 00024'01" 28 627 89' "_CO' 292.93' /00_00 ' 151_59' /��Q9' 267•i2' S6602/'27 "E 2 370/3'59" 450.00' S64°46',?6" 3 /30/6'11" 859.69' 199. //_ /00. 00' /98. G6' 1N69�$' " 4 725.33 /88.92' 95.Od l88.39' N70048'07"E . ' BOOK 4,633 rA6E 615 VA. Routo 621 2�5A 700Rr475.wAr257-�,.: CK=5 3W0 '....: • � „w fi 's29070 LV, .... 3 Nt R r 275.00; A 7°48 06„w....... �. 544.63' Rr 325.00; A CH. rs � 62, w 643°00'Od,1W .. . c N56a57.OQ.iY ' j N6l°5/'VW 243.6'7 • 265.95'..� 5O'lbd t 50Eose'1 Sco/e O 300 1 • 1 G+Mnoay 4r)gkwsdng 8 Surw*g Co. i _ PO 6bx 6W {ynoAoslor Vlr9dirlo • i shoo/ 5 of o '* d ' #29G5 * �/ IRVIN F . BARB, ET AL * `L� ¢4l;'o DEED OF DEDICATION BOOK r:5 H E05 OWNERS' CERTIFICATE WE, IRVIN F. BARB and MARGARETTE J. BARB, his wife, and JAMES E. BARB and MARGARET L. BARB, his wife, of Berryville, Virginia, do hereby certify that the subdivision of "Brookneill Subdivision Section II", Back Creek Dis- tract, Frederick County, Virginia, Plat made by Greenway Engineering k Survey- ing Co. Inc. as of August 10, 1976, of the lands subdivided which is incor- porated into and made a part of this description and said "Brookneill Subdivi- sion Section II" is more particularly described as follows: The of ores aid land is designated as Brookneill II and lies Southwest .of Brookneill I. Brookneill II is accessible over a 50' right of way extending from the Northeast corner of Lot I along the North line of the Smith land to the cul-de-sac of Brookneill Drive to be dedicated with Brookneill I. $eginning at an iron pin (set) in the center of Brookneill Drive at ,the West end of a 50' R/W and in the West line of - the Retained Portion; thence with the Retained Portion and the North line ol;.Lot I S 3700713911W - 25.31 ft. to an iron pin; thence s61o5l'43"E - 268.83 ft. to an iron pin at the Northwest corner of the Smith land and the Northeast corner of Lot I; thence with the West line of the. Smith land and the East line of Lot I S2503714711W - 1290.34 ft. to an iron pin at the Southwest corner of the Smith land and in the North line of the Boyd Estate land; thence with the North line of the Boyd Estate land and the South line of Lots I, 4 and 9, N83035'14"W - 2226.94 ft. to an iron pin, a corner to the Retained Portion; thence with the East line of the Retained Portion N26055'15"R - 220.00 ft. to an iron pin at the Southeast corner of Lot 10; thence with the South line of Lot 10 and the center of Neill Drive N33 °47'46"W - 1357.73 ft. to an iron pin in the center of Brookneill Drive; thence with the center of Brookneill Drive and the Retained Portion for the following nine courses: N78015149"E - 436.21 ft. to an iron pin at the P.C. of a curve to the''left; thence with the arc 188.92 ft. (Chord-N70°48'07"E - 188.39 ft. - Radiusa725.33 ft.) to an iron pin, the P.T.; thence N63020'24"E - 84.25 ft, to an iron pin the P.C. of a curve to the right; thence with are 199.11 ft, (Chord=N69-58'30"E - 198.66 ft. - Radius-859.69 ft.) to an iron pin the P.T.; thence N76o36'35"E - 618.83 ft. to an iron pin, the P.C. of a curve to the right; thence with the arc 292,93 ft. (Chord=584o46'26"E - 287.32 ft. - Radius. 450,00 ft.) to an iron pin, the P.T.; thence S6600912611E - 936,90 fte to an iron pin, the P.C. of a curve to the left; thence with the arc 200.00 ft. (Chord=566021127"E - 199.99 ft. - Radius-28627.89 ft-) to an iron pin the P.T.; thence S66033127"E - 446.28 ft. to the point of beginning. Containing . . . . . . p . . . . . . . . . . 102,634 Acres. And being a portion of the land conveyed to Irvin F. Barb and James E. Barb by Deed dated Nlay.:j , 3, 1976, from Caroline W. Loy, .widow, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed c 605, I. 606 t ; II � kQK `. 46 - ra" . 6u6 Book,No. 457, at page 710; and The centerline of a 50 foot right•of way from Virginia Route 621 to the, said BrookneilL Subdivision Section II is more particularly described as follows: Beginning at a point in the South boundary line of Va. Route 621 in the center of Brookneill Drive, said Brookneill Drive is to be dedicated with Brookneill Section I, which is a portion of the land conveyed to Irvin F. Barb and James E. Barb by Deed dated May 3, 1976, from Carl E. Frye and Anna L. Frye, his wife, of record in said Clerk's Office in Deed Book 457, at page 713. The aforesaid centerline begins at the P.C. of a curve to the right; thence with the arc 116.40 ft. (Radius=275.00 ft.) to a point the P.R.C. of a curve to the left; thence with the are 257.00 ft. (Chord=S44030100"W - 253.88 ft. - Radiu5-475.00 ft.) to a point, the P.T.; thence 529.,000'00"W - 770.00 ft. to a point the P.C. of a curve to the Tight; thence with the are 372.45 ft. (Chord--S67° 48'00"W - 344.63 ft. - Radius-275.00 ft.) to a point,, -the P.R.0 of a curve to the left; thence with the are 360.76 ft. (Chord= S74°48'00"W - 342.52 ft. - Radius-325.00 ft.) to the P.T.; thence S43-000'00"W - 388.18 ft. passing through the center of the cul- de-sac at 362.80 ft. to a point in the center of said 50' R/W; thence N56057'00"W - 243.67 ft. to a point; thence N61051'43"W - 265.95 ft. to an iron pin which can be located by measuring N610 51'43"W - 268.83 ft.. and N37007'3911E - 25.31 ft. from the North- east corner of Lot 1, Section II of Brooknei.11, subdivided into twelve (12) lots as shown by said Plat is with our free consent including Douglas M. Swift, Jr., Acting Trustee, as is evidenced by his signa- ture hereto, and in accord with the desire of the undersigned owners and pro- prietors, namely: Irvin F. Barb and James E. Barb, and that we, the under- signed, are the owners and proprietors of the land shown by the aforedescribed description on the said Plat made by Greenway Engineering & Surveying Co. Inc. as of August 10, 1976, made a part of and incorporated into this Owners' Certificate and of record in the said Clerk's Office, and that the foregdng description is a correct description of the land subdivided, together with a right of way. All persons, including corporations, who now own or shall hereafter acquire any land in "Brookneill. Subdivision Section II" described in said Plat, shall be taken and held to agree with owners of the aforedescribed land and with their successors and assigns to conform to and 'observe the following re- strictions and stipulations as to the use thereof and constructions of im- provements, to run with the land and relate to the entire "Brookneill Subdivi -2- J 607 M BOOK 46 3 PAn (307 Sion Section II" of the subdivision and provide a uniform plan for the improve— ment of said entire subdivision. 1. No construction or improvements shall be permitted on any lot until written plans and specifications for the same are submitted for examina— tion and approval by the owners, their successors or assigns, or to a Delegated Committee, who shall, on receipt of said plans and specifications, forthwith approve same if they conform and are in accordance with the covenants and re— strictions set forth and referred to herein. 2. Irvin F. Barb and James E. Barb, hereafter referred to as the "Grantor", may assess each owner of tracts in Section II a sum not to exceed $100.00 per year, per tract for the use, upkeep, and maintenance of the roads within the subdivision or any of the common facilities as the said Grantor may provide therein. The Grantor may review these fees annually and adjust the a— mount of assessments according to the average annual percentage of increase or decrease in the published U.S. Department of Labor Cost of Living Index. When twelve (12) of the lots within said subdivision have been sold the rights and responsibilities as created by this paragraph will be delegated by the Grantor to a Committee of at least (3) lot owners within said subdivision, appointed by Grantor. Any assessment made pursuant to this paragraph shall constitute a lien on each and every lot within said subdivision until paid, and payment of said assessment and levy shall be payable on or before the 31st day of each year thereafter until such time.as the State Highway Department may take over the road upon which said lot fronts. The rights and responsibilities created by this paragraph shall then belong solely to the owners of the lots. This lien is expressly inferior and subordinate to any Deed of Trust or Mortgage presently or hereafter encumbering the above described property, unless record notice to the contrary is given prior to the recordation of the Deed of Trust or Mortgage. —3— • 08 . r DOCC •A 3. The Grantor reserves unto itself, its successors or assigns, the right to erect and maintain telephone and electric lines, conduits, equipment, sewer, gas and water lines, storm drainage, surface drainage, or to grant easements or rights of way therefore, with the right to ingress and egress for the purpose of erection, or erection or maintenance on or under, a strip of land twenty (20) feet wide at any pant along the front, side, or rear of any lot or tract, except, however, this utility easement shall be forty-five (45) feet wide along the road krontage boundary of any tract or lot in Section II. 4. No building of a temprary nature shall be erected or placed on any of the said lots except those customarily erected in connection with building operations; and in such cases, for a period not to exceed six months. 5. Not more than one residence shall be erected on any one lot, and ' it shall contain a minimum of 1500 square feet in Section II, provided that any multi -level residence. shall contain no less than 1,000 square feet of living area on the main level. This shall not include basement, garage, porch or carport, No part of any lot sold by the Grantor may be sold or used as a road or as a right of way to any property outside of said subdivision, unless specifically granted in the conveyance by Grantor. 6. All of said lots shall be used for residential purposes only, and any garage or barn must conform generally in appearance and material with any dwelling on said lot. .No commercial or business enterprises are allowed on any lot. 7. No signs, billboards, or advertising of arW nature shall be erected, placed or maintained on any lots herein designated, nor upon any building erected thereon, except directional and informational signs of Gran- tor. However, each lot owner may place his own "For Sale" sign or that of a real estate broker, on his property at such time as said tract may be up for resale. Such sign shall not exceed five (5) square feet in area. 8. All entrance culverts must be installed according to Virginia Department of Highway Specifications and Standards. 1 • -4- BOOK 4 63 3 9 . , 9. No building shall be erected closer than fifty (50) feet to any street or road right of way, nor*closer.than twenty (20) feet to the side or rear of the lot line, with the.exception that where two or more lots are used together for the purpose of construction of one dwelling, then said twenty (20) foot set -back shall apply only to outside lines. 10. None of the said lots shall at any time be subdivided, conveyed or sold, except as a whole unless the sale or conveyance results in a lot larger than the lot size as shown on the said plat. No additional easement or right of way shall be granted over any lot except for purposes of public utility (water, sewer, electric, gas, telephone, cable, etc.). If two or more adjoining lots are acquired by the same owner, none of. said lots shall be con- Veyed by said owner unless each lot being sold and each lot being retained by the owner are in compliance with all of these covenants and restrictions. 11. The use of trailerp, side by side trailers, or mobile homes, within said subdivision is forbidden. All camping trailers or mobile camping units must be kept reasonably out of sight from the road. 12. No self -powered recreational vehicles (including, but not limited to, motorcycles, motorscooters, trail bikes, mini -bikes, go-carts, snowmobiles, and all -terrain vehicles) shall be operated on the common easements or common . areas and community facilities, except, in the case of a vehicle licensed for highway use, for normal transportation purposes over graded.roadways. 13. No boat or other watercraft powered by an internal combuAon engine shall be operated on any lake, pond, or other waterway. 14. No lot shall be used or maintained as a dumping ground for rub- bish, trash, garbage or other waste. All domestic trash, garbage or other waste shall be kept in sanitary containers. All incinerators or other equip - went for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. All improvements on any lot shall be -.kept in a safe and sightly condition. 16. No vehicle may be permanently parked on any of the said lots .that does not have a currently valid Virginia Inspection Sticker, excepting M2 I K 1 , y those vehicles in operating condition used for agricultural purposes. No vehicle shall be permanently parked on any roadway shown on said subdivision plat• . 17. No lot shall be used for the parking of.trucks of.a load capacity of more than one ton, or tractor trailers, and no such trucks or tractor trailers shall be parked on.streets in this subdivision. 18. Every owner shall provide each lot with an off-street parking space of at least ten feet by twenty feet (10' x 201). 19. Clothes lines or drying yards shall be so located as not to be visible from the street serving. the premises. 206 Domestic and farm animals may be maintained on any lot when such operation is not conducted primarily for income., Such shall always be in con- formance -with Item "21.11. No dog kennels shall be maintained on any lot. 21. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State and Local Ordinances.' 22... All land areas other than streets have title reserved by owners, i successors, or assigns, or to an delegated committee and are not, because of any designation as park area or otherwise, dedicated hereby to public use. 23. Nothing herein is to be construed to prevent the Grantor from placing further restrictions or easements on any lot in said Subdivision which shall not have already been conveyed by them. 24. In the event any of the aforesaid covenants and restrictions are violated by the lot owner, he shall be subject to a penalty of $2,000.00 for the said violation, and an additional penalty of $25.00 per day for the period that the violation continues. The payment of these penalties shall be made to owners, successors, or assigns, or to a delegated committee and shall be set aside and held to defray the expenses of the maintenance of the streets and rights of way shown on the said plat. 3 BOOK 25. Invalidation of any one or more of the above covenants (or a part thereof) by Judgment or Court Order shall in no way affect any of'the other covenants above set forth which shall remain in full force and effect. 26. Failure to enforce any of the foregoing covenants and restric— tions shall not be deemed to be a waiver of the right of arW party to enforce any continued or future violations. Any violation of..these covenants shall be deemed to be a continuing one until remedied and shall be enforceable by appropriate'Court Action instituted at any time by any one or more lot owners in the Subdivision. 27. These Restrictions are Covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of `ten-,(10) years from date of recordation of the Deed of Dedication. Thereafter, these Restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the Restrictions in whole or in part is recorded in the band Records of Frederick County, Vir— ginia prior to the commencement of one of the said ten (10) year terms. The above and foregoing Covenants and Restrictions pertaining to that certain tract of land described herein are made with the free consent and in accordance with the desires of the undersigned owners, including the said Trustee, this lst daffy of September , 1976. GIVEN under our hands and seal this 1st day of September, 1976. C' (SEAL) IR N F. BARZ or 1&4 (SEAL) J. BARB (SEAL) S E. DOUC -7- 1 J •IA OWNERS' CERTIFICATE We, IRVIN F. BARB and MARGARETTE J. BARB, his wife, and JAMES E. BARB and MARGARET L. BARB, his wife, of Berryville, Virginia, do hereby certify that the subdivision of "Brookneill Subdivision Section V", Back Creek District, Frederick County, Virginia, Plat made by Greenway Engineering & Surveying Co., Inc. as of March 6, 1978, of the lands subdivided which is incorporated into and made a part of this description and said "Brookneill Subdivision Section V" is more particularly described as follows: The aforesaid land lies West of Brookneill Subdivision - Section 1 and is accessible over a 60 Ft. Right -of -Way as dedicated with Brookneill (Subdivision - Section 1, in Back Creek District, Frederick County, Virginia land is bounded as follows: Beginning at an Iron Pin, in the Southern boundary line of Brookneill Drive, a corner to Section 1 and the Smith Land; thence with said Smith Land N56°57'00"W - 246.33 Ft. to an Iron Pin, a corner to said Smith Land and Section 2, thence with.Section 2 for the following 5 courses, N61°51'43"W - 268.83 Ft. to an Iron Pin; thence N37`07'39"E - 25.31 Ft. to an Iron Pin; thence N66°33'27"W 466.28 Ft. to an Iron Pin at the P.C. of a.curve to the Right; thence with the arc of said curve 200.00 Ft. (radius 28,627.89 Ft. Chord bearing jIN66021'26"W - 200.00 Ft.) to an Iron Pin at the P.T. of said curve; �Ithence N66009'26"W - 837.63 Ft. to an Iron Pin, in the Northern ine of Section 2 and a corner to Section 4; thence with Section 4, 23053'47"E - 1358.98 Ft. to an Iron Pin, a corner to Section 4 and n the Southern Line of Stonebrook Farms; thence with Stonebrook arms for the following 3 courses; S78°23'44"E - 1762.24 Ft. to an Pin; thence S20°10'00"E - 482.15 Ft. to an Iron Pin; thence 044'33"E - 187.09 Ft. to an Iron Pin, in a Southern Line of said j,.- 489 r,krH 432 Stonebrook Farms and a corner to aforesaid Section 1, thence with Section 1 for the following 3 courses, S29°00100"W - 1148.34 Ft. to an Iron Pin; thence S43*00'00"W - 322.80 Ft. to an Iron Pin; thence with the arc of a curve to the Left 132.94 Ft. (radius 50.00 Ft., Chord bearing - S19°57'38"W - 97.10 Ft. to the beginning. Containing . . . . . . . . . . . . . . . . . .76.574 Acres And being a portion of the land conveyed to Irvin F. Barb and James E. Barb by Deed dated May 3, 1976, from Caroline W. Loy, widow, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 457, at page 710. The aforedescribed realty is subdivided into nine (9) lots as shown on said Plat and is with our free consent including Norman deV. Morrison, Acting Trustee, as is evidenced by his signature hereto, and in accord with the desire of the undersigned owners and proprietors, namely: Irvin F. Barb and James E. Barb, and that we, the undersigned, are the owners and proprietors of the land shown by the aforedescribed description on the said Plat made by Greenway Engineering & Surveying Co., Inc. as of March 6, 1978 made a part of and incorporated into this Owners' Certificate and of record in the said Clerk's Office, and that the foregoing description is a correct description of the land subdivided, together with a right of way. All persons, including corporations, who now own or shall hereafter acquire any land in "Brookneill Subdivision Section V" described in said Plat, shall be taken and held to -agree with owners of the aforedescribed land and with their successors and assigns to conform to and observe the following restrictions and stipulations as to the use thereof and constructions of im- provements, to run with the land and relate to the entire "Brookneill Sub- division Section V" of the subdivision and provide a uniform plan for the improvement of said entire subdivision. - 2 - ncx 489 PnE 433 1. No construction or improvements shall be permitted on any lot until written plans and specifications for the same are submitted for examina- tion and approved by the owners, their successors or assigns, or to a Delegated Committee, who shall, on receipt of said plans and specifications, forthwith approve same if they conform and are in accordance with the covenants and restrictions set forth and referred to herein. 2. Irvin F. Barb and James E. Barb, hereafter referred to as the "Grantor", may assess each owner of tracts in Section V a sum not to exceed $100.00 per year, per tract for the use, upkeep, and maintenance of the roads within the subdivision or any of the common facilities as the said Grantor may provide therein. The Grantor may review these fees annually and adjust the amount of assessments according to the average annual percentage of increase or decrease in the published U.S. Department of Labor Cost of Living Index. When twelve (12) of the lots within said subdivision have been sold the rights and responsibilities as created by this paragraph will be delegated by the Grantor to a Committee of at least three (3) lot owners within said subdivision, appointed by Grantor. Any assessment made pursuant to this paragraph shall constitute a lien on each and every lot within said subdivision until paid, and payment of said assessment and levy shall be payable on or before the 31st day of each year thereafter until such time as the State Highway Department may take over the road upon which said lot fronts. The rights and responsibilities created by this paragraph shall then belong solely to the owners of the lots. This lien is expressly inferior and subordinate to any Deed of Trust or Mortgage presently or hereafter encumbering the above described property, unless record notice to the contrary is given prior to the recordation of the Deed of Trust or Mortgage. 3. The Grantor reserves unto itself, its successors or assigns, the right to erect and maintain telephone and electric lines, conduits, equipment, sewer, gas and water lines, storm drainage, surface drainage, or to grant easements or rights of way therefore, with the right to ingress and egress for - 3 - BoeK 489 mu 434 the purpose of erection, or erection or maintenance on or under, a strip of land twenty (20) feet wide at any point along the front, side, or rear of any lot or tract, except, however, this utility easement shall be forty-five (45) feet wide along the road frontage boundary of any tract or lot in Section V. 4. No building of a temporary nature shall be erected or placed on any of the said lots except those customarily erected in connection with building operations; and in such cases, for a period not to exceed six months. 5. Not more than one residence shall be erected on any one lot, and it shall contain a minimum of 1500 square feet in Section V, provided that any multi -level residence shall contain no less than 1,000 square feet of living area on the main level. This shall not include basement, garage, porch or carport. No part of any lot sold by the Grantor may be sold or used as a road or as a right of way to any property outside of said subdivision, unless specifically granted in the conveyance by Grantor. 6. All of said lots shall be used for residential purposes only, and any garage or barn must conform generally in appearance and material with any dwelling on said lot. No commercial or business enterprises are allowed on any lot. 7. No signs,: billboards, or advertising of any nature shall be erected, placed or maintained on any lots herein designated, nor upon any building erected thereon, except directional and informational signs of Grantor. However, each lot owner may place his own "For Sale" sign or that of a real estate broker, on his property at such time as said tract may be up for resale. Such sign shall not exceed five (5) square feet in area. 8. All entrance culverts must be installed according to Virginia Department of Highway Specifications and Standards. 9. No building shall be erected closer than fifty (50) feet to any street or road right of way, nor closer than twenty (20) feet to the side or rear of the lot line, with the exception that where two or more lots are used together for the purpose of construction of one dwelling, then said twenty only to outside lines. - 4 - Nr4 489 -,vi 4M 10. None of the said lots shall at any time be subdivided, conveyed or sold, except as a whole unless the sale or conveyance results in a lot larger than the lot size as shown on the said plat. No additional easement or right of way shall be granted over any lot except for purposes of public utility (water, sewer, electric, gas, telephone, cable, etc.). If two or more adjoining lots are acquired by the same owner, none of said lots shall be con- veyed by said owner unless each lot being sold and each lot being retained by the owner are in compliance with all of these covenants and restrictions. 11. The use of trailers, side by side trailers, or mobile homes, within said subdivision is forbidden. All camping trailers or mobile camping units must be kept reasonably out of sight from the road. 12. No self -powered recreational vehicles (including, but not limited to, motorcycles, motorscooters, trail bikes, mini -bikes, go-carts, snowmobiles, and all -terrain vehicles) shall be operated on the common ease- ments or common areas and community facilities, except, in the case of a vehicle licensed for highway use, for normal transportation purposes over graded roadways. 13. No boat or other watercraft powered. by an internal combustion engine shall be operated on any lake, pond, or other waterway. 14. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All domestic trash, garbage or other waste shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. All improvements on any lot shall be kept in a safe and sightly condition. 16. No vehicle may be permanently parked on any of the said lots that does not have a currently valid Virginia Inspection Sticker, excepting those vehicles in operating condition used for agricultural purposes. No vehicle shall be permanently parked on any roadway shown on said subdivision - 5 - suit M19 Wi 436 17. No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor trailers, and no such trucks or tractor trailers shall be parked on streets in this subdivision. 18. Every owner shall provide each lot with an off-street parking space of at least ten feet by twenty feet (10' x 20'). 19. Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 20. Domestic and farm animals may be maintained on any lot when suct operation is not conducted primarily for income. Such shall always be in con- formance with Item "21.". No dog kennels shall be maintained on any lot. 21. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyancc or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State and Local Ordinances. 22. All land areas other than streets have title reserved by owners, successors, or assigns, or to a delegated committee and are not, because of any designation as park area or otherwise, dedicated hereby to public use. 23 Nothing herein is to be construed to prevent the Grantor from placing further restrictions or easements on any lot in said Subdivision which shall not have already been conveyed by them. 24. In the event any of the aforesaid covenants and restrictions are violated by the lot owners, he shall be subject to a penalty of $2,000.00 for the said violation, and an additional penalty of $25.00 per day for the period that the violation continues. The payment of these penalties shall be made to owners, successors, or assigns, or to a delegated committee and shall be set aside and held to defray the expenses of the maintenance of the streets and rights of way shown on the said plat. 25. Invalidation of any one or more of the above covenants (or a part thereof) by Judgment or Court Order shall in no way affect any of the h shall remain in full force and effect. 6 - t BICK 489 r�:E 437 26. Failure to enforce any of the foregoing covenants and restric- tions shall not be deemed to be a waiver of the right of any party to enforce any continued or future violation. Any violation of these covenants shall be deemed to be a continuing one until remedied and shall be enforceable by appropriate Court Action instituted at any time by any one or more lot owners in the Subdivision. 27. These Restrictions are Covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of ten (10) years from date of recordation of the Deed of Dedication. Thereafter, these Restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the Restrictions in whole or in part is recorded in the Land Records of Frederick County, Virginia, prior to the commencement of one of the said ten (10) year terms. The above and foregoing Covenants and Restrictions pertaining to that certain tract of land described herein are made with the free consent and in accordance with the desires of the undersigned owners, including the said Trustee, this 3rd day of April, 1978. GIVEN under our hands and se his 3rd day of April, 1978. J (SEAL) IRVIN F. BARB CI I(SEAL) 6 MAAGAAE'7E J. BARB (SEAL) JAMES E. BARB t .A �� �t 2 � - (SEAL) MARGARET/ L . BARB r''4, A -1--6T" (SEAL) NORMAN deV. MORRISON, Acting Trustee =M • Received F #.Mwl a W, 'Via Address For i 666 - r - #2022 t 3.P 2 hl 6/21/77 G IRVIN F. BARB, ET'AL OWNERS CERTIFICATE 500K 475 ?AGE* 666 OWNERS' CERTIFICATE t We, IRVIN F. BARB and MARGMTTE J. BARB, his wife, and JAMES E. BARB.and-MARGARET L. BARB, his, wife, of Berryville, Virginia, do hereby certify that the subdivision of "Brookneill Subdivision Section III", Back Creek District, Frederick County, Virginia, Plat made by Greenway Engineering & Surveying Co., Inc. as of April 7, 1977, of the lands subdivided which is incorporated into and made a part of this description and said "Brookneill Subdivision Section III" is more particularly described as follows: The aforesaid land is designated as Brookneill Subdivision Section III and lies West of Brookneill Subdivision II and is accessible over a 60 ft. Right-of-way extending from Lot 27 Section III along the North boundary of Section II to Lot 1 Section II being situated in Back Creek District, Frederick County, Virginia. Beginning at a point, the East corner of Lot 27 and 35' South of the North boundary of Brookneill Drive,'60 ft. right-of-way and in the North line of Section II- thence with Section II for the following 7 courses: S76 36'35"d 258.83 ft. to an iron pin (set); thence by a curve to the left for an arc of 199.11 $nd a radius of 859.69 ft. to an iron pin (set); thence S63 20124"W 84.25 ft. to an iron pin (set); thence by a curve to the left for an arc of 188.92 ft. and a radius of 725.33 ft. to an iron pin (set); thence S78°15'49"W 436.21 ft. to an iron pin (set); thence leaving Brookneill Drive and with Neill Drive for 897.73 ft., S33 47'46"E 1357.73 ft. to an iron pin (set); thence S26°55'15"W 220.00 ft. to an iron pin set in the Northeast line of the Boyd Estate; thence �ith the said Boyd Estate for the following 3 courseg: N83 3511+11w 842.37 ft. to an iron pin (set); thence N65 55125 V 1131.20 ft. to 36" leaning oak treet, a corner to Messicl; thence with Messick land for the following 2 courses: N52 10'1511E 890.02 ft, to a stone found; thence N49 16'50"W 395•62 to a post, a corner to Stonebrook Farms; thence wit the said Stonebrook Farms for the following 3 courses: NOS 13'3511E 1319.32 ft. to a post; thence S84 36153"E 389.93 ft. to an iron pin (set); thence S84 13'3011E 260.07 ft. to an iron pin (set) in the line of Stonebrook Farms; thence with the Retained Portion of the Barb land for the following 2 courseg: S05°49'43"W 440.00 ft. to an irozi pin (set); thence S59 04'53"E 2008.97 ft. to the beginning. Containing. 9 . . . . 9 . 9 . . . 9 9 . . . 9 9 99.366 Acres (4 BOOK 475 674 . FINAL PLAT BROOMNEILL SUBDIVISION ?. SECTION . 10-77 } _ The /and comlained m ffi& mdelv1slon is a w pOrfion of nbQ land c vnrz,�Ycd to Irvin 4 Jam � ., Barb by did a-'alcd 3 May f5 r c;.d re - 1, corded in use Fro—eclint Cos ,r Cayrt Cl:rks ' Office in Dccd Boob 457 at Pega 710 NIX u IL Eau bd's �•" V CERTIFICATE No. 54-17.3 (a)965 n,.� 54.17.3 (b)162 �c LAND • ' • - - ProFaiod t'y� PO.' Box E6-66 Plinchosfor W"ginla boCk 475 PAGE 667 i' And being a portion of the land conveyed to Irvin F. Barb and James E. Barb by Deed dated May 39 1976, from Caroline W. Loy, widow, of record in the !; Clerk's Office -of the Circuit Court of Frederick Countu, Virginia, in Deed Book 457, at page 710; and The centerline of a 60 foot right of way from Brooknei.11 Section II to the said Brookneill Subdivision Section III is more particularly described as follows: Beginning at a point 35 ft. South of the North Boundary of Brookneill Drive, a 60 ft. right-of-way, a corner to Lot 27 Section III; thence with Section II and remaining 35 ft. South of the North Boundary of the said right-of-way N76 36'35"W 360 ft. to the point; thence by a curve to the right for an arc of 223.g4 ft. and a radius of 450.00 ft. to a point; thence S66 0912611S 936.90 ft. to a point; thence by a curve to the left for an arc of 200.00 ft. w;th the radius of 28,627.89 ft* to a point; thence S66 3S127"E 446.28 ft. to a point loc8ted by measuring S66 33127"E 135.00 ft. and N37 07'3911E 25.31 ft. from the Northwest corner of Lot 1;•Section II, of Brookneill and being the last point described by metes and bounds of 50' right-of-way in Section II of Brookneill. subdivided into fifteen (15) lots as shown by said Plat is with our free con- sent including Douglas M. Swift, Jr., Acting Trustee, as is evidenced by his signature hereto, and in accord with the desire of the undersigned owners and J proprietors, namely: Irvin F. Barb and James E. Barb, and that we, the under- signed, are the owners and proprietors of the land shown by the aforedescribed + jj description on the said Plat made by Greenway Engineering & Surveying Co., Inca as of April 7, 1977, made a part of and incorporated into this Owners' Certif- icate and of record in the said Clerk's Office, and that the foregoing description is a correct description of the land subdivided, together with a II right of way. All persons, including corporations, who now own or shall hereafter acquire any land in "Brookneill Subdivision Section III" described in said E 'i Plat, shall be taken and held to agree with owners of the aforedescribed land and with their successors and assigns to conform to and observe the following i; restrictions and stipulations as to the use thereof and constructions of im- i +; provements, to run with the land and relate to the entire "Brookneill Sub- division Section III" of the subdivision and provide a uniform plan for the i '! improvement of said entire subdivision. 1[ -2- I 668 ' r - S 300K 475 FACE f �68 . 1. No construction or improvements shall be permitted on any lot !until written plans and specifications for the same are submitted for examine— . �? . i'tion and approval by the owners, their successors or assigns, or to a Delegated �jCommittee, who shall, on receipt of said plans and specifications, forthwith {+approve same if they conform and are in accordance with the covenants and restrictions set forth and referred to herein. 2. Irvin F. Barb and James E. Barb, hereafter referred to as the M�'Urantor", may assess each owner of tracts in Section III:.a sum not to exceed 100.00 r ear, r tract for the use u kee and maint -lance of the roads 1 S per Y • per r upkeep, �jwithin the subdivision or afiy of the common facilities as the said Grantor may !1 provide therein. The Grantor may review these fees annually and adjust the { amount of assessments according to the average annual percentage of increase or decrease in the published U.S. Department of Labor Cost of Living Index. When j� twelve (12) of the lots within said subdivision have been sold the rights and Iresponsibilities as•created by this paragraph will be delegated by the Grantor to a Committee of at least three (3) lot owners within said subdivision, appointed by Grantor. Any assessment made pursuant to this paragraph shall constitute a lien on each and every lot within said subdivision until paid, and '{ payment of said assessment and levy shall be payable on or before the 31st day 1 of each year thereafter until such time as the State Highway Department may IItake over the road upon which said lot fronts. The rights and responsibilities) �j created by this paragraph shall then belong solely to the owners of the lots. 1i This lien is expressly inferior and subordinate to any Deed of Trust or Mortgage i presently or hereafter encumbering the above described property, unless record I) 1 j notice to the contrary is given prior to the recordation of the Deed of Trust z 0 or Mortgage. 3. The Grantor reserves unto itself, its successors or assigns, the i right to erect and maintain telephone and electric lines, conduits, equipment, (1 sewer, gas and water lines, storm drainage, surface drainage, or to grant easements or rights of way therefore, with the right to ingress and egress for the purpose of erection, or erection or maintenance on or under, a strip of i land twenty (20) feet wide at any point along the front, side, or rear of a -3- i tl � EI ! JV:r� 475 669 1 lot or tract, except, however, this utility easement shall be forty—five (45) I jfeet wide along the road frontage boundary of any tract or lot in Section III. 4. No building of a temporary nature shall be erected or placed on ,; any of the said lots except those customarily erected in connection with ;,building operations; and in such cases, for a period not to exceed six months. f it i' S. Not more than one residence shall be erected on any one lot, and I it shall contain a minimum of 1500 square feet in Section III, provided that ji any multi —level residence shall contain no less than 1,000 square feet of living area on the main level. This shall not include basement, garage, porch f 1111or carport.. No part of any lot sold by the Grantor may be sold or used as a i I I road or as a right of way to any property outside .of said subdivision, unless ;specifically granted in the conveyance by Grantor. 1� 6.. All of said lots shall be used for residential purposes only, 1 and any garage or barn must conform generally in appearance and material with L� 1 ;any dwelling on said lot. No commercial or business enterprises are allowed it ;!on any lot. I 7. No signs, billboards, or advertising of any nature shall be ;jerected, placed or maintained on any lots herein designated, nor upon any building erected thereon, except directional and informational signs of Grantor.' However, each lot owner may place his own "For Sale" sign or that of a real I li I 'estate broker, on his property at such time as said tract may be up for resale.; i ''Such sign shall not exceed five (5) square feet in area. f 6. All entrance culverts must be installed according to Virginia I f i Department of Highway Specifications .and Standards. 1 9. No building shall be erected closer than fifty (50) feet to any },street or road right of way, nor closer than twenty (20) feet to the side or rear of the lot line, with the exception that where two or more lots are used together for the purpose of construction of one dwelling, then said twenty (20); 'foot set —back shall apply only to outside lines. is 10. None of the said lots shall at any time be subdivided, conveyed or sold except as a whole unless the sale or conveyance results in a lot conve i � P Y I —4— I i 670 a Z 7 BOOR 475 PacE 676 larger than the lot size as shown -on the said•plat. No additional easement or fi right of wady shall be granted over any lot except for purposes -of public utility Qlater, sewer, electric, gas,"telephone, cable, etc.) If two or more a I adjoining lots are acquired by the same owner, none of said lots shall be con- veyed by said owner unless each lot being sold and each lot being retained.by Ithe owner are in compliance with all of these covenants and restrictions. 11. The use of trailers, side by side trailers, or mobile homes, within said subdivision is forbidden. All camping trailers or mobile camping units must be kept reasonable out of sight from the road. 12. No self -powered recreational vehicles (including, but not limiter to, motorcycles, motorscooters, trail bikes, mini -bikes, go-carts, snowmobiles,1 and all -terrain vehicles) shall be operated on the common easements or common areas and community facilities, except, in the case of a vehicle licensed for highway use, for normal transportation purposes over graded roadways. 13. No boat or other watercraft powered by an internal combustion engine shall be operated on any lake, pond, or other waterway. 14. No lot shall be used or maintained as A dumping ground for rub- bish, trash, garbage or other waste. All domestic trash, garbage or other waste shall be kept in sanitary containers, All incinerators or other equip- ment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. All improvements on any lot shall be kept in a safe and sightly I condition. 16. No vehicle may be permanently parked on any of the said lots that does not have a currently valid Virginia Inspection Sticker, excepting those vehicles in operating condition used for agricultural purposes. No vehicle shall be permanently parked on any roadway shown on said subdivision plat. 1 J 17. No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor trailers, and no such trucks or tractor trailers shall be parked on streets in this subdivision. - 5 - i °00K 475 iAu 671 18. Every owner shall provide each lot with an off-street parking space of at least ten feet by twenty feet (10' x 201). 19. Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 20. Domestic and farm animals may be maintained on any lot when such operation is not conducted primarily for income. Such shall always be in con- formance with Item 1121.11. No dog kennels shall be maintained on any lot. 21. No noxious or offensive activity shall be carried on upon any 11 lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with !I State and Local Ordinances. 22. 'All land areas other than streets have title reserved by owner§*' successors, or assigns,'or to a delegated committee and are not, because of any designation as park area or otherwise, dedicated hereby to public use. 23. Nothing herein is to be construed to prevent the Grantor from placing further restrictions or easements on any lot in said Subdivision which shall not have already been conveyed by them. 24. In the event any of the aforesaid covenants and restrictions are " violated by the lot owner, he shall be subject to a penalty of $2,000.00 for �j the said violation, and an additional penalty of $25.00 per day for the period that the violation continues. The payment of these penalties shall be made to owners, successors, or assigns, or to a delegated committee and shall be set aside and held to defray the expenses of the maintenance of the streets and rights of way shown on the said plat. 25. Invalidation of any one or more of the above covenants (or a part thereof) by Judgment or Court Order shall in no way affect any of the i' other covenants above set forth which shall remain in full force and effect. 26: Failure to enforce any of the foregoing covenants and restric- tions shall not be deemed to be a waiver of the right of any party to enforce any continued or future violation. Any violation of these covenants shall 1 -6- i C t ,1 475' ?ACE ' 672. be deemed to be a continuing one until remedied and shall be enforceable by appropriate Court Action instituted at any time by any one or more lot owners in, the Subdivision. ° 27. These Restrictions are Covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of ten (10) years from date of recordation of the Deed of Dedication. Thereafter, these Restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the Restrictions in whole or in part is recorded in the Land Records of Frederick County, Virginia prior to the commencement of one of the said ten (10) year terns. The above and foregoing Covenants and Restrictions pertaining to that certain tract of land described herein are made with the free consent and in accordance with the desires of the undersigned owners, including the said Trustee, this 22nd day of June, 1977. GIVEN under our hands and seals this 22nd day of June, 1977. (SEAL) IRIRVIN F. BARB ( SEAT' ) MARGAREUE J. BARB t ( SEAL ) J E. BARB MARGARET . BARB (SEAL) DOUGLAS Mi SWIFT, A ACTING TRUSTEE STATE OF VIRGINIA: AT LARGE, to -wit: I, DOROTHY H. LLOYD, a Notary Public in and for the State of Virginia do hereby certify that IRVIN F. BARB and MARGARETTR J. BARB, his wife; JAMES E. BARB and MAR.GAR.ET L. BARB,.his wife; and DOUGLAS M. SWIFT, JR. — 7 — 41 50 1 OK 475 FACE 673 !'ACTING TRUSTEE, whose names are signed to the foregoing Instrument in ,i writing, bearing date June 22, 1977, have personally appeared before me 1i in my said State and each of them has acknowledged the same as and for k his act and deed. GIVEN under my hand, in my said State, this • of June, 1977• My Commission expires August 14, 1978. r NOTAR/PUBLIC Co 676 ` , 5ov 475 FACE 676 CURVE TABLE • Chord .Chord No. Delta Rad We Are Tangcrnt Soaring Distance 1 50°46'27" 340.00' 301.30' S63°32'2/ 2 29°26'56" 450.000 .231.29' ..161.35' N 2Z8.54 3 �13°16'11",=. .. 859.690 199.11, 100.00, N69.°58'30"E 198.66' 4 14°55'�jj"p 725.33' 188.92, •95.00' 'N70048'07"E 188.39' 396.46. 5 31°30'45" 730.000 401.50• 205.97' S49°44'3"E • 6 55"39'14" 125.00' 121.42' 65.98' S61°48'4 "E 116.70' '. 32024'01" 245.00' 138.55, 71.18' N73°26'27"W 136:71. • CHORDS OF LOTS ON CURVE Lot No. Chord Bciaring Chord Distance 15 S63°32'21"W• 228.75" . 16 • S23025'40"W 291.540 17 S19039'29"W 250.52 18 S45°02'42"4 44.71' 19 s63032'21"W 228.75' - •- 20 S71035'30"W 168.55' 20 S49°44'3S"E 396.46' 21 S61°48'48"E 116.70' 21 S73026'26"E 136.71, 24 S73026-26"E 136.71 _•-_ 25 N42°58'1"W 227.99, 2g N6i°48'48 "W 116.700 2 N58043'38"W 172.17 27 S69058'30"W 198.66' 27 S64°07'47"W 19.99' FINAL PLAT � LTA �� BROOKNEILL SUBDIVISION SECTION III j Back Crook Dictrict, Fradorick County, Virginia Cr 54-17.3 {z;=r5 Scala: 1" s 300' April 7, 1977 i i 5 -17.3 (;,):02 . ! ! Shoot 3 of 3 E • 677 _.. 900K PAGE 677 The acco=pcnIn0 plat rcp0o_--r4',e a survey ©f a portion of the � land ccrvoycd to Irvin end Jc=o Serb by d-od dQtcd 3 Itay 1976 and recordod in tho Frodorick County Court Clerk's Office in Dead Book 457 at Poo* 710. , The aforocaid land• is dzoicnctgd as Brocknoili Subdivimion Soct i on III and l i os Woot of Bfroo,u-" I l l ,Subd i v i c i cn 11 and Is access- ible ovmr a 60 ft. R i oht-of-tray c=tond i n© frco Lot 27 Section i 1 ! - along the North boundary of Section 11 to Lot I Section 11 bating • situated in Back Crook Diatrict, Frodorick County, Virginia. Sn�-tire 11 L •.. Beginning at a point; the Eact corner of Lot 27 and 3S' South of the North boundary of Brcc %no i I 1 Dr I va, 60 ft. Right-of-way and in the North lino of Section III thence with Soction 11 for the following 7 courcoas S76°36.35"W 2S8.83 ft to an iron' pin (cot)=thence by a curve to the left for an arc of 199.11 and a radius: of 859.69 ft�;'• to an iron pin (mot) thonco S63020'24W 84.25 ft. to ao.ircn pin (cot thence by a curve to the loft for an are of 1£$.92 ft-* cnd a­.rodius of 725.33 ft. to an iron pin (cot)fthoace S78°iS'49"W'436.21•`ft. to an iron pin (not) thence leaving Brov::noill Drive and with Hails Drive for 897.73 ft. S�3e49.'46"E 1357.73 ft. to an iron pin (cot) -thence S26955'I5"W 226.00 ft. to an Iron pin scot in tho Northocct 1la* of = the Boyd Ectctoj thonco with the cold Boyd Eatate for tho following 3 courcocs N83°35'14"W 842.37 ft to on Iron pin (eat)jthcnco R6S°5$'2S"W 1131.20 ft. to 36" leaning oak trod, a eorn©r to Racoick thcha with Masoick land for the following 2 ccurcomt N52e10'IS"E 89�.02 ft. to a atone found; thonco N49°16'50"W 395.62 to a poet, a corner to Stone - brook Forces thonco with the acid Stonobrook Faraz for the following 3 courcoss A08e13'3�"E 1319.32 ft. to a post;j thonco S84°36'53"E 389.93 ft. to an iron pin oct)sthanca S84013'30"E Z60.07'ft. to an Iron pin (cot) in the line of Stonebrook Forma; thonco with the Rotainod Portion of the Barb land for the foilowino 2 courcoas S05e49'43"W 440.00 ft. to an iron pin (oot)fthenco S59004'S3"E 2008.97 ft, to the boginning. Containing ............99.366 Acros ra Surveyed......sesoee...7 April 1977 60 Ft. Rirht-of-"nY B®ginning at a port 35 ft. South of the Forth Boundary of Brooknoi11 Driv©, a 60 ft. RIGht-of-way, a ccvnor to Lot 27 Section 1 1 1 th with Soct i cat 11 and ra .a i n i ng 35• ft. South of tho North Boundary of the avid Right-of-way N76°36'35"'V1 360 Ft. to the point thonco by a curve to tho riGht for en arc of 223.84 ft. and a radius of 450.00 ft. to a point; thenco S66°09'26"E 936.90 Ft. to a point;. thonco by a curve to the loft for an arc of 200.00 ft.. with the - radius of 28*627.89 ft. to .a point; thonco S66033'27"E 446.28 ft. to a point located by roaQuring S66"33'27"E 135.00 ft. and N37"07'39"E 25.31 ft. from the Northwoct corner of Lot 1, Section 11, of Brook- neill and boing the laot point doacrlbod by motes and bounds of 50' Right-of-way in Section 11 of Brooknoill. r, ��y�`��• r' , � nn �f'.rlirnf�lft r u;i►C ��� - �R E>��«�iY E�;,ti:,,;.,r�::,1:: u �1'"I"Y'" CO., RIC, P. J. .:!► ��� r ;4 VIRGNIA FREMCK COUNTY. SCT. _ �� � day - This Instrument of wrtting was producad to me on the ;_ of �*'n j aiZ'�� J f!/�1• - and with certificate of acknowledgment thereto npxed was admitted i to record. W � � pedL i i 675 r_ 475 racE 675 .0oe S t005� b o^ �is•• ton -fro t 2 � �"•ll 3 ++a'L � I�AiO�n9' �; � 5,113 ib " � j �w 36 , �ss� Co ; --'' Lot 22 `,� 4 110, Apro pp� 5.989 ACW 5,9 `.`• '` 3 91 � `�%ii -.,� ems♦ '�4r �` ` � Eimer G �, � b 4 • V � o N N a ap �• d \ a our C/rc/e 60'RIV 11 i s � 302, a �m •o3s if V �O o i �?may'► p 4ow. ,,. V �. w - 4� I /L, ` 1 FINAL PLAT Srookneill Subdivision Section ?!I Bock Creek District - Frederick County Virginia SCO/O /" : Soo, Apr!/ 7, 1977 j' 0 a OWNERS' CERTIFICATE WE, IRVIN F. BARB and MARGARETTE J. BARB, his wife, and JAMES E. BARB and MARGARET L. BARB, his wife, of Berryville, Virginia, do hereby certify that the subdivision of "Brookneill Subdivision Section I", Back Creek Magisterial District, Frederick County, Virginia, Plat made by Green — way Engineering & Surveying Co., Inc. as of July 30, 1976, of the lands sub— divided, which is incorporated into and made a part of this description, and said "Brookneill Subdivision Section I" is more particularly described as. follows: — The aforesaid land is designated as Brookneill I and lies Northeasti of Brookneill II, fronting on the South side of Virginia Secondary Route No. 621, a short distance West of Virginia Secondary Route No. 628 (Middle Road), and is bounded as follows: — 11BB3INNING at an iron pin at the Northwest corner of the Glaize land in the South boundary line of Va. Route 621a thence with Glaize for the following two courses: S. 88 44' 33" W — 163.05 ft. to a post; thence S. 060 54' 27" W — 936.18 ft. to a White Oak, a corner to Bean; thence with the West line of Bean, S. 499 05' 30" W — 271.58 ft. to an iron pin, a corner to the Smith land; thence with the Smith land for the following five courses: S. 40° 40' 22" W - 378.22 ft, to a Poplar tree; thence N8 63° 48' 13" W — 218.96 ft. to a poplar tree; thence S. 82 14' 04" W — 340.81 ft, to a black oak tree; thence S. 730 04' 52" W — 363.35 ft. to an iron pin; thence N. 560 57' 00" W — 183.67 ft. to an iron pin in the South boundary line of Brookneill Drive; thence with the chord of a curve to the right, N. 190 57' 38" E — 97.10 ft. (Radius= 50.00 ft.) to an iron pin in the West line of Brookneill Drive, a corner to the Retained Portion; thence with the West sid� of said Brookneill Drive and the Retained Portion, N. 43 00' 00" E — 322.80 ft. to an iron pin; thence with the East line of the Retained Portion, N. 29 00' 00" E — 1148.34 ft. to an iron pin, a corner to the Cooper land; thenc8 with the Cooper land for the following two courses: N. 88 44' 33" E — 38.85 ft. to a post; thence N. 33 04' 0611 E — 520.01 ft, to an iron pin in the South boundary line of Va. Route 621; thence w1h the arc of a curve to the left 217.64 ft. (Chord--S. 44 22' 09" E—0215.27 ft. — Radius= 425.00 ft.) to the P.T.; thence S. 59 02' 23" E — 329.95 ft. to the P.C. of a curve to the left; thence with the arc 217.82 ft. (Chord= S. 64 56' 5811 E — 217.44 ft. — Radius=1057.66 ft.) to the beginning. Containing 35.946 Acres., 11 NOTE: Survey indicates 32.750 Acres as Area in Lots and 3.196 Acres as Area in Street. And being a portion of the land conveyed to Irvin E. Barb and James E. Barb by Deed dated May 3, 1976, from Carl E. Frye and Anna L. Frye, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 457, at page 713; and The centerline of the right-of-way, sixty (60 ft.) feet in width, designated as "Brookneill Drive" on the aforesaid plat is more particularly shown on Sheet 7 of 7 of the "Final Plat, Brookneill, Section I", entitled "Curve Table" of Greenway Engineering & Surveying Co., Inc., made as of July 30, 1976, which is incorporated into and made a part of this instrument in its entirety. The aforedescribed realty is subdivided into fifteen (15) lots as shown by said Plat and is with our free consent, including Douglas M. Swift, Jr., Acting Trustee, as is evidenced by his signature hereto, and in accord with the desire of the undersigned owners and proprietors, namely: Irvin F. Barb and James E. Barb; and that we, the undersigned, are the owners and proprietors of the land shown by the aforedescribed description on the said Plat made by Greenway Engineering and Surveying Co., Inc., as of July 30, 1976, made a part of and incorporated into this Owners' Certificate, and of record in the said Clerk's Office, and that the foregoing description is a correct description of the land subdividedp together with the right -of -sway designated as "Brookneill Drive". All persons, including corporations, who now own or shall hereafter acquire any land in 1Brookneill Subdivision Section I", described in said Plat, shall be taken and held to agree with owners of the aforedescribed land and, with their successors and assigns, to conform to and observe the follow- ing restrictions and stipulations as to the use thereof and constructions of improvements, to run with the land and relate to the entire "Brookneill Subdivision Section I" of the subdivision, and provide a uniform plan for the improvement of said entire subdivision: - - 2 - 1. No construction or improvements shall be permitted on any lot until written plans and specifications for the same are submitted for-exami tion and approval by the owners, their successors or assigns, or to a Dele— gated Committee, who shall, on receipt of said plans and specifications, forthwith approve the: same if they conform and are in accordance with the covenants and restrictions set forth and referred to herein. 2. Irvin F. Barb and James E. Barb, hereafter referred to as the "Grantor", may assess each owner of tracts in Section I a sum not to exceed fifty ($50.00) dollars per year, per tract, for the use, upkeep and mainten— ance of any of the common facilities as the said Grantor may provide therein. The Grantor may review these fees annually and adjust the amount of assess— ments according to the average annual percentage of increase or decrease in the published U. S. Department of Labor Cost of Living Index. When .ten ---a ,(1'0) of the lots within said subdivision have been sold, the rights and re— sponsibilities as created by this paragraph will be delegated by the Grantor to a Committee of at least three (3) lot owners within said subdivision, ap— pointed by Grantor. Any assessment made pursuant to this paragraph shall constitute a lien on each and every lot within said subdivision until paid, and payment of said assessment and levy shall be payable on or before the 31st day of each year thereafter. The rights and responsibilities created by this paragraph shall then belong solely to the owners of the lots. This lien is expressly inferior and subordinate to any Deed of Trust or Mortgage presently or hereafter encumbering said property, unless record notice to the contrary is given prior to the recordation of the Deed of Trust or Mortgage. 3, The Grantor reserves unto itself, its successors or assigns, 11 the right to erect and maintain telephone and electric lines, conduits, equipment, sewer, gay; and water lines, storm drainage, surface drainage, or to grant easements or rights of way therefore, with the right to ingress and egress for the purpose of erection, or erection or maintenance, on or under, a strip of land twenty (20 ft.) feet wide at any point along the front, side, or rear of any lot or tract in Section I. — 3 — 4. No building of a temporary nature shall be erected or placed on any of the said lots except those customarily erected in connection with building operations; and in such cases, for a period not to exceed six (6) months{ and not to be used as a residence. 5. Not more than one residence shall be erected on any one lot, and it shall contain a minimum of 2,000 square feet in Section I, provided that any multi —level residence shall contain no less than 19000 square feet of living area on the main level. This shall not include basement, garage, porch or carport. No part of any lot sold by the Grantor may be sold or used as a road or as a right of way to any property outside of said subdivision, unless specifically granted in the conveyance by Grantor. 6. All of said lots shall be used for residential purposes only, and any garage or barn must conform generally in appearance and material with any dwelling on said lot. No commercial or business enterprises are allowed on any lot. 7. No signs, billboards, or advertising of any nature shall be erected, placed or maintained on any lots herein designated, nor upon any building erected thereon, except directional and informational signs of Grantor. However, each lot owner may place his own "For Sale" sign or that of a real estate broker, on his property at such time as said tract may be up for resale. Such sign shall not exceed five (5 sq, ft.) square feet in area. 8. All entrance culverts must be installed according to Virginia Department of Highway Specifications and Standards. 9. No building shall be erected closer than fifty (50 ft.) feet to any street or road right of way, nor closer than twenty (20 ft.) feet to the side or rear of the lot line, with the exception that where two or more lots are used together for the purpose of construction of one dwelling, then the said twenty (20 ft.) feet set —back shall apply only to outside lines. 10. None of the said lots shall at any time be subdivided, conveyed or soli, except as a whole, unless the sale or conveyance results in a lot larger than the lot size as shown on the said plat. No additional easement —4— or right of way shall be granted over any lot except for purposes of public utility (water, sewer, electric, gas, telephone, cable, etc.). If two or more adjoining lots are acquired by the same owner, none of said lots shall be conveyed by said owner unless each lot being sold and each lot being re- tained by the owner are in compliance with all of these covenants and re- strictions. 11. The use of trailers, side -by -side trailers, or mobile homes, within said subdivision is forbidden. All camping trailers or mobile camping units must be kept reasonably out of sight from the road. 12. No self -powered recreational vehicles (including, but not limited to, motorcycles, motorscooters, trail bikes, mini bikes, go-carts, snowmobiles, and all -terrain vehicles) shall be operated on the common ease- ments or common areas and community facilities, except, in the case of a vehicle licensed for highway use, for normal transportation purposes over graded'. roadways. 13. No boat or other watercraft powered by an internal combustion engine shall be operated on any lake, pond, or other waterway. 14. No lot shall be used or maintained as a dumping ground:Lfor rubbish, trash, garbage or other waste. All domestic trash, garbage or other waste shall be kept in sanitary containers. All incinerators or other equip- ment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. All improvements on any lot shall be kept in a safe and sightly condition. 16. No vehicle may be permanently parked on any of the said lots that does not have a currently valid Virginia Inspection Sticker, excepting those vehicles in operating condition used for agricultural purposes. No vehicle shall be permanently parked on any roadway shown on said subdivision plat. 17. No lot shall be used for the parking of trucks of a load capacity of more than one (1) ton, or tractor trailers, and no such trucks or tractor -trailers shall be parked on streets in this subdivision. - 5 - 18. Every owner shall provide each lot with an off—street parking space of at least ten feet by twenty feet *(101 x 20t). 19. Clothes lines or drying yards shall be so located as not to bel visible from the street serving the premises. 20. Domestic and farm animals may be maintained on any lot when such operation is not conducted primarily for income. Such shall always be in conformance with item 1121.11. No dog kennels shall be maintained on any lot. 21. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoy— ance or nuisance to the neighborhood. Each lot shall be kept well mowed and ' free from weeds and debris at all times, and shall be kept cleared in accord— ance with State and Local Ordinances, 22. All land areas other than streets have title reserved by successors, or assigns, or to a delegated committee, and are not, because of any designation as park area or otherwise, dedicated hereby to public use. 23. Nothing herein is to be construed to prevent Grantor from placing further restrictions or easements on any lot in said subdivision which shall not have already been conveyed by them. 24- In the event any of the aforesaid covenants and restrictions are violated by the lot owner, he shall,be subject to a penalty of $2,000,00 for the said violation, and an additional penalty of $25.00 per day for the period that the violation continues. The payment of these penalties shall be made to owners, successors, or assigns, or to a delegated committee and shall be set aside and held to defray the expenses of the maintenance of the streets and rights of way shown on the said plat. 25. Invalidation of any one or more of the above covenants (or a part thereof) by Judgment or Court Order shall in no way affect any of the other covenants above set forth which shall remain in full force and effect. 26. Failure to enforce any of the foregoing covenants and re— strictions shall not be deemed to be a waiver of the right of any part to enforce any continued or future violations. Any violations of these coven— ants shall be deemed to be a continuing one until remedied and shall be en- -6— forceable by appropriate Court Action instituted at any time by any one or more lot owners in the subdivision. 27. These Restrictions are Covenants Real which shall run with the land, and shall be binding upon all future lot owners, and those claiming under them, for a period of ten (10) years from date of recordation of the Deed of Dedication. Thereafter, these Restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the Restric— tions, in whole or in part, is recorded in the Land Records of Frederick County, Virginia, prior to the commencement of one of the said ten (10) year terms. Any amendments to these Restrictions shall not be in conflict with the "restrictions" set forth in the Deed dated May 3, 1976 between Carl E. Frye and Anna L. Frye, his wife; Irvin F. Barb and James E. Barb; and Jane Jolliffe Smith, widow, of record in the aforesaid Clerk's Office in Deed Book No. 457, at page 713. The above and foregoing Covenants and Restrictions pertaining to that certain tract of land described herein are made with the free consent and in accordance with the desires of the undersigned owners, including the said Acting Trustee, this 3rd day of January, 1977. GIVEN under our hands and seals this 3rd day of January, 1977. (SEAL) IRVIN F. BARB (SEAL) MARGARETTE J. BARB -(SEAL) JAMES E. BARB (SEAL) MARGARET L. BARB ACTING TRUSTEE(SEAL) DOUGH SWIFT, , ACTING TRUSTEE — 7 — STATE OF VIRGINIA: SS: COUNTY OF CLARKE : It , a Notary Public in and for the County of Clarke, State of Virginia, do hereby certify that IRVIN F. BARB and MARGARETTE J. BARB, his wife; JAMES E. BARB and MARGARET L. BARB, his wife; and DOUGLAS M. SWIFT, JR., ACTING TRUSTEE, whose names are signed to the foregoing instrument in writing, bearing date January 3, 1977, have personally appeared before me, in my said County, and each of them has ac— knowledged the same as and for his act and deed. My commission expires GIVEN under my hand, in my said County, this day of January, 1977. — 8 — v 7 I RVIN F. BARB, l:T AL * ' ✓ �''' �� �rr' DEED 01" DEDICATION OWNERS' CERTIFICATE ' WE, IRVIN F. BARB and 1AARGARETTE J. BARB, his wife, and JAMES E. BARB and MARGARET L. BARB, his wife, of Berryville, Virginia, do hereby certify that the subdivision of "Bro ill Subdivision Section II", Back Creek Dis- trict, Frederick County, Virginia, Plat made by Greenway Engineering & Survey- ing Co. Inc. as of August 10, 19762 of the lands subdivided which is incor- porated into and made a part of this description and said "Brookneill Subdivi- sion Section II" is more particularly described as follows: The aforesaid land is designated as Brookneill II and lies Southwest .of Brookneill I. Brookneill II is accessible over a 50' right of way extending from the Northeast corner of Lot I along the North line of the Smith land to the cul-de-sac of Brooknei-11 Drive to be dedicated with Brookneill I. Beginning at an iron pin (set) in the center of Brookneill Drive at ,the West end of a 50' R,/W and in the West line of the Retained Portion; thence with the Retained Portion and the North line og.Lot I S 37°07'39"W - 25-31 ft. to an iron pin; thence S61051143"E - 268.83 ft. to an iron pin at the Northwest corner of the Smith land and the Northeast corner of Lot I; thence with the 'Test line of the. Smith land and the East line of Lot I S2503714711W - 1290.34 ft. to an iron pin at the Southwest corner of the Smith land and in the North line of the Boyd Estate land; thence with the North line of the Boyd Estate land and the South line of Lots I, 4 and 9, N83035114"W - 2226.94 ft. to an iron pin, a corner to the Retained Portion; thence with the East line of the Retained Portion 126055'15"E - 220.00 ft. to an iron pin at the Southeast corner of Lot 10; thence with the South line of Lot 10 and the center of Neill Drive N33°47'46"W - 1357.73 ft. to an iron pin in the .center of Brookneill Drive; thence with the center of Brookneill Drive and the Retained Portion for the following nine courses: N78°15'49'T - 436.21 ft. to an iron pin at the P.C. of a curve to the left; thence with the are 188.92 ft. (Chord=N70048'O7"E - 188.39 ft. - Radius-725.33 ft.) to an iron pin, the P.T.; thence N63-20'24"E - 84.25 ft. to an iron pin the P.C. of a curve to the right; thence with arc 199.11 ft. (Chord=N69058'30"E - 198.66 ft. - Radius=859.69 ft.) to an iron pin the P.T.; thence N76036'35"E - 618.83 ft. to an iron pin, the P.C. of a curve to the right; thence with the arc 292.93 ft. (Chord=S84°46'26"E - 287.32 ft. - Radius- 450.00 ft.) to an iron pin, the P.T.; thence S66-0912611E - 936.90 ft. to an iron pin, the P.C. of a curve to the left; thence with the arc 200.00 ft. (Chord=S66021127"E - 199-99 ft- - Radius=28627.89 ft-) to an iron pin the P.T.; thence S66033127'!E - 446.28 ft. to the point of beginning. Containing ,. • • • . • • • • • . 102.634 Acres, And being a portion of the land conveyed to Irvin F. Barb and James E. Barb by Deed dated May.::`, 3, 1976, from Caroline W Loy, .widow, of record in the Clerk's Office of the Circuit Court of Vrederick County, Virginia, in Deed .,.......___ .. r,..... ....•..mot... �,.•. .. r..... . Boot , 4 z H, Book.No• 457, at page 710; and The centerline of a 50 foot right'of way from Virginia Route 621 to the'said Brookne U Subdivision Section II is more particularly described as follows: Beginning at a point in the South boundary line of Va. Route 621 in the center of Brookneill Drive, said Brookneill Drive is to be dedicated with Brookneill Section I, which is a portion of the land conveyed to Irvin F. Barb and James E. Barb by Deed dated May 3, 1976, from Carl E. Frye and Anna L. Frye, his wife, of record in said Clerk's Office in Deed Book 457, at page 713. The aforesaid centerline begins at the P.C. of a curve to the right; thence with the arc 116.40 ft. (Radius-275.00 ft.) to a point the P.R.C. of a curve to the left; thence with the arc 257.00 ft. (Chorci=S44030'00"W - 253.88 ft. - Radius=475.00 ft.) to a point, the P.T.; thence S29.00010011W - 770.00 ft. to a point the P.C. of a curve to the right; thence with the are 372.45 ft- (Chord=S670 48'00"W - 344.63 ft. - Radius-275.00 ft.) to a point, the P.R.0 of a curve to the left; thence with the arc 360.76 ft. (Chord-- S74048'00"W - 342.52 ft. - Radius=325.00 ft.) to the P.T.; thence S43000'00"W - 388.18 ft. passing through the center of the cul- de-sac at 362.80 ft. to a point in the center of said 50' R/W; thence N56057'00"W - 243.67 ft. to a point; thence N61051'43"W - 265.95 ft. to an iron pin which can be located by measuring N610 51'43 "W - 268.83 ft. and N37007'3911E - 25.31 ft. from the North- east corner of Lot 1, Section II of Brookneill. subdivided into twelve (12) lots as shown by said Plat is with our free conse tl including Douglas M. Swift, Jr., Acting Trustee, as is evidenced by his signa- ture hereto. and in accord with the desire of the undersigned owners and pro- prietors, namely: Irvin F. Barb and James E. Barb, and that we, the under- signed, are the owners and proprietors of the land shown by the aforedescribe description on the said Plat made by Greenway Engineering do Surveying Co. Inc. as of August 10, 1976, made a part of and incorporated into this Owners' Certificate and of record in the said Clerk's Office, and that the foregcing description is a correct description of the land subdivided, together with a right of way. . . All persons, including corporations, who now own or shall hereafter acquire any land in "Brookneill Subdivision Section II" described in said P1 t, shall be taken and held to agree with owners of the aforedescribed land and with their successors and assigns to conform to and 'observe the following re- strictions and stipulations as to the use thereof and constructions of im- provements, to run with the land and relate to the entire "Brookneill Subdi - a -2- i J i i !i BOOK . �x63 Face f;�7 sion Section II" of the subdivision and provide a uniform plan for the improve— ment of said entire subdivision. 1. No construction or improvements shall be permitted on any lot until written plans and specifications for the saw are submitted for examina— tion and approval by the owners, their successors or assigns, or to a Delegated Committee, who shall, on receipt of said plans and specifications, forthwith approve same if they conform and are in accordance with the covenants and re— strictions set forth and referred to herein. 2. Irvin F. Barb and James E. Barb, hereafter referred to as the "Grantor", may assess each owner of tracts in Section II a sum not to exceed ($100.00 per year, per tract for the use, upkeep, and maintenance of the roads within the subdivision or any of the common facilities as the said Grantor may provide therein. The Grantor may review these fees annually and adjust the a— mount of assessments according to the average annual percentage of increase or decrease in the published U.S. Department of Labor Cost of Living Index. When twelve (12) of the lots within said subdivision have been sold the rights and responsibilities as created by this paragraph will be delegated by the Grantor to a Committee of at least (3) lot owners within said subdivision, appointed by Grantor. Any assessment made pursuant to this paragraph shall constitute a lien on each and every lot within said subdivision until paid, and payment of said assessment and levy shall be payable on or before the 31st day of each year thereafter until such time.as the State Highway Department may take over the road upon which said lot fronts. The rights and responsibilities created by this paragraph shall then belong solely to the owners of the lots. This lien is expressly inferior and subordinate to any Deed of Trust or Mortgage presently or hereafter encumbering the above described property, unless record notice to the contrary is given prior to the recordation of the Deed of Trust or Mortgage. -3- II Ga8 •. 3. The Grantor reserves unto itself, its successors or assigns, the right to erect and maintain telephone and electric lines, conduits, equipment, server, gas and water lines, storm drainage, surface drainage, or to grant easements or rights of way therefore, with the right to ingress and egress for the purpose of erection, or erection or maintenance on or under, a strip of land twenty (20) feet wide at any print along the front, side, or rear of any lot or tract, except, however, this utility easement shall be forty-five (45) feet wide along the road frontage boundary of any tract or lot in Section II. 4. No building of a temporary nature shall be erected or placed on any of the said lots except those customarily erected in connection with building operations; and in such cases, for a period not to exceed six months. 5. Not more than one residence shall be erected on any one lot, and ' it shall contain a minimum of 1500 square feet in Section II, provided that any multi -level residence. shall contain no less than 1,000 square feet of living area on the main level. This shall not include basement, garage, porch or carport. No part of any lot sold by the Grantor may be sold or used as a road or as a right of way to any property outside of said subdivision, unless specifically granted in the conveyance by Grantor. 6. All of said lots shall be used for residential purposes only, and any garage or barn must conform generally in appearance and material with any dwelling on said lot. No commercial or business enterprises are allowed on any lot. 7. No signs, billboards, or advertising of any nature shall be erected, placed or maintained on any lots herein designated, nor upon any building erected thereon, except directional and informational signs of Gran- tor. However, each lot owner may place his own "For Sale" sign or that of a real estate broker, on his property at such time as said tract may be up for resale. Such sign shall not exceed five (5) square feet in area. 8. All entrance culverts must be installed according to Virginia Department of Highway Specifications and Standards. A BOOK 463 ',,:. riv9 9. No building shall be erected closer than fifty (50) feet to any street or road right of way, nor closer than twenty (20) feet to the side or rear of the lot line, with the exception that where two or more lots are used together for the purpose of construction of one dwelling, then said twenty (20) foot set -back shall apply only to outside lines. 10. None of the said lots shall at any time be subdivided, conveyed or sold, except as a whole unless the sale or conveyance results in a lot larger than the lot size as shown on the said plat. No additional easement or right of way shall be granted over any lot except for purposes of public utility (water, sewer, electric, gas, telephone, cable, etc.). If two or more adjoining lots are acquired by the same owner, none of said lots shall be con- veyed by said owner unless each lot being sold and each lot being retained by the owner are in compliance with all of these covenants and restrictions. 11. The use of trailerp, side by side trailers, or mobile homes, within said subdivision is forbidden. All camping trailers or mobile camping I junits must be kept reasonably out of sight from the road. 12. No self -powered recreational vehicles (including, but not limited to, motorcycles, motorscooters, trail bikes, mini -bikes, go-carts, snowmobiles, and all -terrain vehicles) shall be operated on the common easements or common areas and community facilities, except, in the case of a vehicle licensed for highway use, for normal transportation purposes over graded roadways. 13. No boat or other watercraft powered by an internal combusd_on engine shall be operated on any lake, pond, or other waterway. 14. No lot shall be used or maintained as a dumping ground for rub- bish, trash, garbage or other waste. All domestic trash, garbage or other waste shall be kept in sanitary containers. All incinerators or other equip - went for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. All improvements on any lot shall be .kept in a safe and sightly condition. 16. No vehicle may be permanently parked on any of the said lots that does not have a currently valid Virginia Inspection Sticker, excepting those.vehicles in operating condition used for agricultural purposes. No vehicle shall be permanently parked on any roadway shown on said subdivision plat. 17. No lot shall be used for the parking of,trucks of.a load capacity of more than one ton, or tractor trailers, and no such trucks or tractor trailers shall be parked on streets in this subdivision. 18. Every owner shall provide each lot with an off-street parking space of at least ten feet'by twenty feet (10' x 201). 19. Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 20. Domestic and farm animals may be maintained on any lot when such operation is not conducted primarily for income. Such shall always be in con- formance with Item 1121.11. No dog kennels shall be maintained on any lot. 21. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State and Local Ordinances. 22... All land areas other than streets have title reserved by owners, successors, or assigns, or to an delegated committee and are not, because of any designation as park area or otherwise, dedicated hereby to public use. 23. Nothing herein is to be construed to prevent the Grantor from placing further restrictions or easements on any lot in said Subdivision which shall not have already been conveyed by them. 24- In the event any of the aforesaid covenants and restrictions are violated by the lot owner, he shall be subject to a penalty of $2,000.00 for the said violation, and an additional penalty of $25.00 per day for the period that the violation continues. The payment of these penalties shall be made to owners, successors, or assigns, or to a delegated committee and shall be set aside and held to defray the expenses of the maintenance of the streets and rights of way shown on the said plat. A J BOCK �a v `.:4 25. Invalidation of any one or more of the above covenants (or a part thereof) by Judgment or Court Order shall in no way affect arty of"the other covenants above set forth which shall remain in full force and effect. 26. Failure to enforce any of the foregoing covenants and restric— tions shall not be deemed to be a waiver of the right of any party to enforce any continued or future violations. Arq violation of..these covenants shall be deemed to be a continuing one until remedied and shall be enforceable by appropriate Court Action instituted at any time by any one or more lot owners in the Subdivision. 27. These Restrictions are Covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of 'ten (10) years from date of recordation of the Deed of Dedication. Thereafter, these Restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the Restrictions in whole or in part is recorded in the Land Records of Frederick County, Vir— ginia prior to the commencement of one of the said ten (10) year terms. The above and foregoing Covenants and Restrictions pertaining to that certain tract of land described herein are made with the free consent and in accordance with the desires of the undersigned owners, including the said Trustee, this lst day of September , 1976. GIVEN under our hands and seals this 1st day of September, 1976. �i (SEAL) IRV N F. (SEAL) P1E J . BA S E. . B Y (SEAL) SSE") �ICX L. BARB RETAINED AORT/0N •� z A = 68.59' CH. N80-M • j2" PA4T�GW i o V "' Cf © S66009'P60E 0 r� A=22384'283.27 . Gf. =S80°2v?7"E• 480.00 25. 31, 221. 54' . ?8 135. co _ 6 Cb. Inc 5. 039 4Cres C.,W,7wor Engineering 8 sw-,Wny • PO Bo 666 f O n�j 5 ,�g0 Acres O 7 77 0 . WnCABSIi/ Vi/yini0 O h a Acres - - �E / •4� c� S6? // 4/ E' - .94 478' N°53/5' A- Cl1556a p 702.47W - S�°� /Q ''j 7. 07e Acres a N7 $ 35 2i 36 's• 3p? 4c / 1 41 "W Acme �2 576 4:r, 2cV + QD 40 0/ '7' 042 ACies \ AOjes ' vj - �� M Acres m 6-0'69 .4 N a 421. -fl r%y 193. NOTE A// Bacvrs ord L}s!:r� or, 2226.64 ESTATE to /Iv c&71ef o/ the srr" Sco/e �_5 W Tolo/-4c,-,-G! '•e /02. 634,4c. Ng1011 3 3 . o ti 90yD Sheer 2 O/ 3 1d0 DEL U RADIUS ARC TAI:GENT Chtirr;7 GHr,,�D E�w / 7 00°24'01" 37°/3'59" 28 62769' 450.00' 2W.CO' 292.93' 199 l/' _/00 010' 151. 59' IOO.0j'— /oq,p9' 267-7.-" /9c"_L2 • IBB. 39'I 56602127E S64046 0 E 3 I3016'11" /ti °55 �5 859.69' 725.33 A690 $' N70°48'07"E 4 /88.92' 95.00' J • BOOK 4c, 3 iACE 615 VA. Routs 621 Rt275.4g�.. qs//6.•o R. 475.00Y CH-S 300- W Z55-' 1 770. 00 -u , a 3 ` S6o/I • Q 30d r R = 275.00, ' q : 372; 45, ... , • : 44 6J' W R= 325.001 q : 360.76 ....... . CH -S � 7 • $43000'w '� • 363. !8 ..... 4b i - oIIV6/°:5/,mow 243.67265. f �� .50 navy �nGin�er>+i� A SvnWng Co. Ina P. 0 box 66S ' � W1ncAosloi NrpJnlo Shod 5015 . I i 2 6• The accompanying plat represents a survey of o portion of the land conveyed to Irvin and James Barb by deed dated 3•Augu5t 1976 -and recorded in the Frederick County Court Clerk's Office in Dead Book 457 at Page 710. i • The aforesaid land 'is designated as Brooknei I I' I I and. -I ice Southwest of Brooknoill.l. Brookneill-II is accessible over a 50' right of way extending from tho N.ortheast.corner of Lot I along the North line of the Smith land to the cul-de-sac of Brookneill Drive to be dedicated with Brookneill 1. Beginning at an iron pin (set) in the center of Brookneill Drive at the Test end of a 50' R/W and in the West line of the Retained Portion; thence with the Retained Portion and the North line of Lot 1 S37°07'39"W - 25.31 ft. to an iron pin; thence s61o5l#43"E - 268.83 ft. to an iron pin at the Northwest corner of the Smith land and the Northeast corner of Lot 1; thence with the West line of the Smith land and the East line of Lot I -G25°37'47"W - 1290.34 ft. to an iron pin at the Southwest corner of the Smith land and in the North line of the Boyd Estate land; thence with the - North line of the Boyd Estate land and the South line of Lots 1, 4 and 9, NS3°35'14"W - 2226.94 ft. to an iron pin, a corner to the Retained Portion; thence with - the East line of the Retained Portion N26055'15"E - 220.00 ft. to an iron pin at the Southeast corner of Lot 10; thence with the South line of Lot 10 and the center of Neill Drive N33°47'46"W - 1357,73 ft. to an iron pin in the center of Brookneill Drive; thence with the center of Brookneill Drive and the Retained Portion for the following nine courses: N78°1$'49"E - 436.21 ft. to an iron pin at the P.C. of a curve to the left; thence with the arc 188.92 ft. (Chord=N70°48'07"E - 188.39 ft. - Radiu3a725.33 ft.) to an iron pin, the P.T.; thence N63020'24"E - 84.25 ft. to an iron pin the P.C. of a curve to the right; thence with arc 199.11 ft. (Chord-N69°$8'30"E - 198.66 ft. - Radiusa8$9.69 ft.) to an iron pin the P.T.; thence N76°36'35"E - 618.33 ft. to an iron pin, the P.C. of a curve to the right;thence with the arc 292.93 ft. (ChordaS84°46'26"E - 287.32 ft. - I:adiusa 450.00 ft-) to an iron pin, the P.T.; thence 566009'26"C - 936.90 ft. to an iron pin, the P.C. of a curve to the left; thencd with the arc 200.00 ft. (Chord-S66021'27"E - 199.99 ft. - Radiusa28627.89 ft.) to an iron pin the P.T.; thence S66033'27"E - 446.28 ft. to the point of the beginning. Containing 102.634 Acres Surveyed . . . . . 10 August 1976 The centerline of the aforesaid 50' R%W is described as follows: Beginning at a point in the South boundary line of Va. Route 621 in the center of Brookneill Drive, said Brookneill Drive is to be dedicated with Brookneill Section 1, which is a portion of the land conveyed to Irvin and James Barb by deed dated 3 May 1976 and recorded in the Frederick County Court Clerk's Office in Deed Book 457 at Page 713. The aforesaid centerline begins at tho P.C. of a curve to the right; thence with the arc 116.40 ft. (E:Uc'cci.:- 275.00 ft.) to a point the P.R.C. of a curve to the left; thence with the arc 257.00 ft. (Chord-S44°30'00"W - 253.88 ft. - Radlua- 475.00 ft.) to a point, the P.T.; thence S29000'00"W - 770.00 ft. to a point the P.C. of a curve to the right; thence.with the arc 372.45 ft. (Chord-S67°48'00"W - 344.63 ft. - Radiu3a275.00 ft.) to a point, the P.R.C. of a curve to the loft; thence with the arc 360.76 ft. (Chord-S74048'00"W - 342.52 ft. - Radiu3-325.00 ft-) to the P.T.; thence S43000'00"W - 388.18 ft. passing through the center of the cul-de-sac at 362.80 ft. to a point in' tho center of said 50' R/W; thence N$60S7'00"4 - 243.67 ft. to a point;'thence N61051'43"W - 265.95 ft. to an iron pin which can be located by measuring N61°51'43"W - 268.83 ft. and N37°07'39"E - 25.31 ft. from "!nrl•lirnRf c-nrnrr of Iof I, Se(+ -ion II of FrnaknelI I. vIRGINIA M-XR1e ( COUNTY. SCT. / Th IrrAf urrwn t of wrtting was pnxh" to the m the d�Y at ' rind with ecrllficole of ael%nowsodgment ther+niexod was ndrnito to record. , Mr. "Irvin Barb "I Valley Realty 22 West Main Street Berryville, Va. 22611 4` R Re; Brookneil Drive Paving _ Dear Irvin: Enclosed herewith pleasefind: the proposal to pave Brookneil Drive, completed in accordance with our discussion of this t date. If the proposal meets with your"approval please sign \ and return the yellow copy. We plan to begin this work_as`,soon. ,as,possible and hopefully will have it completed by December 10th. Thank you for the contract. Please do not hesitate to contact me for assistance during the courseof this work. Very truly yours PERRY ENGINEERING CO.'INC. Construction Manager, RWW. gc d o 4 t Page No. Vasa of Pages PERRY: ENGINEERING COMPANY; INC. P.O. Box 439' Winchester,;Virginia -.667-4310 P.O. Box 891 = Leesburg, Virginia — 777-4351 PROPOSAL SUBMITTED TO: DATE: NAMES/a e .i.S JOB NAME:�,+�tp pp �.J W STREET: y .J STREET ri qq CITY: CITY: STATE: CIA e STATE: °ARCHITECT: n DATE OF PLANS e.. m We hereby submit specifications and estimates for: Drive* 'I� ��'�ac�,$.�tr ��ri` aR a �°11: �; ar c.: t�, � � 9 y. .rraa r� -9 pyy j} 'y ;p seal � �f■ y y ;yy ace '�^ A �1 ^x a p ilkino �l.ii <Io 442 le serial gix ,l �. ace - . eal./t.L o i 1.!l ♦ a ep r Zw* "r)) a 'i;cj b d"�,bix... 1P nr i 2 �% i }tCC'! .� �.i S .s; t r.4 r !_sa<3 ;"rw'..:t{? 'i Sl.a2 Ci'i?-i'h ;r rp,-b 1da� ba'1;s' ifi trd r){.t x;e�)i'i;x�?-€.7.i;°i::6 tea"a deft s� ;" Iasi, y .°_.ri of � )r 7' We hereby propose to furnish labor and materials —complete in accordance with the above specifications, for the sum of dollars ($ ) Payment to be made,aS follows: e All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements oontingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's CompensationInsurance. Pleas sign and return yellow copy. Authorized Signature xrrrrt�nrr ofrnnaJl z }..a. a The aboue prices, specifications and conditions are,satisfactory and ark -hereby agcepted. You qre Authorized to do the work as specified. Payment will be made as outlined gbd,v ? �1tte>ptcd: Signature Date '� '� `� � ' � r ;�7. " Signature �' i NOTE: This Proposal may be withdrawn bycus if not accepted within °days. 1976 A", ola��J S.U.B.D.I.V. S.I.O.N P.L.A.T. S.U.M.M.A.R.Y a ----------------------------------------- --- Review Fee Paid $ HO [Health Approved Impact Fee Paid $ /G 6 5 [ Highway Approved Deed of Dedication Received All Signatures on the Plat, Including Owner/Developer/Subdivider �1 _5 ta tff-a� �oning Approved 5�' Street Names Ckd. 1. Subdivision Name ,� %�Q Q.� ��/ 1,4 S�-G 7-1 -T 2. Date Submitted to Administrator $� Z % ,/, 3. Owner/Developer/Subdivider r-e&I ✓ 4. Contact Person & Phone /RI// A/ r, 0/¢K � Als Contact Address 5. Zoning Classification of Area 6. Location_ i J 7. Adjoining Property Uses (-2rYI% P ;z�& �-,'1,9-176 8. Total Acreage 9. Number of Lots S 10. Average Lot Size -5 11. Street Design M&� V1P#- 12. Water and/or Sewer Availability & Source �✓ /.LLB-•--. loe 13. Adequacy of Easements A/gr oA2 14. Storm Drainage & Flood Plain 15. Recreation Areas ,-ie.� -� a PAGE One of Two rr SUBDIVISION PLAT SUMMARY Continued 41 16. Covenants and/or Deed of Dedication 17. Amount of Bond r / �� 3 ty 18. Review Team Comments (a) 1.1 c Cl e (Summary) 19. Planning Commission 20. PAGE Two of Two I z Brookneill Subd. s I, II, & III Back Creek (Irvin F & James E Barb) t jo\ SUBD. tL• V. .