HomeMy WebLinkAbout07-06 Carroll Industrial Park 9 Lots 103.36 Acres Stonewall - Backfiler � �
Subdivision Checklist
1. Comment sheets from the following agencies, along with any marked copies of the plan:
VDOT City of Winchester GIS (Road Name
Review)
Sanitation Authority Health Department
Inspections Department Parks & Recreation
Fire Marshal County Engineer
2. One copy of the subdivision application
Yf V (0 Application received.
0 ` Fee paid (amount: $ /900 pb )
4/ 4 OG Information entered in d-BASE and Reference Manual
5, 04, 0V given to Renee' to add to Application Action Summary
Plat(s) signed by Subdivision Administrator
//c� (" la-7 Approval letter to applicant/agent
/c, -7 Copy of final subdivision plat(s) [with signatures] made and given to Mapping
and Graphics Manager for structure numbering assignment
A)6 O Updated d-BASE and Reference Manual
-V q k-,- File given to Renee'.to update Application Action Summary
Final plat(s) submitted with review agency signatures along with:
-- - ----Recorded deed of dedication — - - ------ -
Bond estimate (if required) $
DACipcm6ons Manual\subdivisi on. irk
P—Std V24/02
VTOPS
Frederick County Department of
Planning & Development
107 N. Kent Street, Suite 202
Winchester, VA 22601
540-665-5651
s J
1 * to
dill�'w,T^;�`*4i*`' :r �''`i A .Y'. 'Id +n, ,< s `�,�"K',mk'1 "•'� 'i �` ifl +"':'a.'<. rtid�-'.
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
090006145
0
co
Exempted from recordation taxes and fees under
Sections 58.1-811(A)(3), 58.1-811(C)(4),
58.1-3315, 25-249 and 14.1-125.2(0)
THIS DEED OF DEDICATION, made and dated this 28th day of
May, 2009, by and between C CLAN. LLC, a Virginia Limited
Liability Company, hereinafter designated as "Grantor" (even
though more than one); and the COMMONWEALTH OF VIRGINIA, P. 0.
Box 2249, Staunton, Virginia 24402-2249 "Grantee".
WITNESSETH: In consideration of the sum of $5.00 paid by
the Grantee to the Grantor, and other good and valuable
consideration, receipt of all of which is hereby acknowledged,
the Grantor hereby gives, grants, dedicates, and conveys unto
the Grantee in fee simple, with special warranty of title,
those certain parcels of land lying and being situate in
Stonewall Magisterial District, Frederick County, Virginia,
and being more particularly described as follows:
PARCEL ONE: That certain parcel of land containing
1.3514 acres, more or less, designated as Ebert Road on that
certain plat titled "Final Plat of Subdivision Carroll
Industrial Park", dated October 5, 2006, revised through
December 4, 2006, which plat is attached to and made a part of
that certain Declaration of Protective Covenants Of Carroll
Industrial Park dated February 5, 2007, of record in the
Clerk's Office of the Circuit Court of Frederick County,
11Virginia as Instrument No. 070002103, and being a portion of
the lands acquired by C CLAN, LLC, a Virginia Limited
Liability Company, by that certain Deed dated December 6,
R-0-0
1>e$(CqTILv
AV v(RAjjjlA
�2E✓,oclSf7 i,J 2.<>n 7
Michael L. Bryan
116 S. Braddock SL
Winchester, VA
2005, of record in the aforesaid Clerk's Office as Instrument
No. 050028599, and by Deed dated December 6, 2005, of record
in the aforesaid Clerk's Office as Instrument No. 050028600
Tax Map No. 43-A-84 and 43-A-83 (Parent Tracts).
Parcel Two: That certain parcel of land containing 2.3376
acres, more or less, designated as Milton Ray Drive on that
certain plat titled "Final Plat of Subdivision Carroll
Industrial Park", dated October 5, 2006, revised through
December 4, 2006, which plat is attached to and made a part of
that certain Declaration of Protective Covenants Of Carroll
Industrial Park dated February 5, 2007, of record in the
Clerk's Office of the Circuit Court of Frederick County,
Virginia as Instrument No. 070002103, and being a portion of
the lands acquired by C CLAN, LLC, a Virginia Limited
Liability Company, by that certain Deed dated December 6,
2005, of record in the aforesaid Clerk's Office as Instrument
No. 050028599, and by Deed dated December 6, 2005, of record
in the aforesaid Clerk's Office as Instrument No. 050028600
Tax Map No. 43-A-83 and 43-A-85 (Parent Tracts).
The parcels of land conveyed hereby shall not include
that certain parcel of land designated as "Future Extension of
Milton Ray Drive" on the aforesaid plat, which future street
is not hereby conveyed or dedicated with the above -described
Parcel One and Parcel Two.
The Grantor covenants that it is seized of the landin
fee simple herein conveyed; that it has the right to convey
2
n _ '
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
M0
W
the land to the Grantee; that it has done no act to encumber
the land; that the Grantee shall have quiet possession of the
land, free from all encumbrances, and that it will execute
such further assurances of the land as may be requisite.
WITNESS the following signature and seal:
C C N, LLC
By: �611.._.� (SEAL)
STATE OF VIRGINIA, AT LARGE,
@IT /COUNTY OF �Y f�jc:k- to -wit:
The foregoing instrument was acknowledged before me on
the oP- 8 day of —, 2009, by _bP-4-, C LZLj 1'1
who is ryKof C CLAN, LLC, a Virginia Limited
Liability Company, on behalf of said Company.
^,k„lip, My commission expires
T /,q'�,
CF ,r:rr' NOTA Y PUBLIC
Ctt1"P: No
• V i
�6,e�• OZ.AN Deed of. Dedication
V1RGIMA: FIl.L(.`ERICKCGIINTl'.SCC.
This instrument of writing was produced to me on
l"_-5-.oq at Y 03 PM,
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable.
4e.ew ;00V� , Qerk
3
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
February 1, 2007
Ms. Beth Lewin
CCLAN, Inc.
283 Ebert Rd.
Winchester, VA 22603
RE: Carroll Industrial Park — Final Plats
Dear Ms. Lewin:
This letter is to confirm that the final plats for the Carroll Industrial Park subdivision were
administratively approved. This subdivision allows for the development of nine (9) lots located
in the M2 zoning district. Please return a copy of the recorded plat to this office and feel free to
call me if you have any questions regarding this subdivision.
Sincerely,
arfR. ran
Zoning and Subdivision Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS
116 South Stewart Street
Winchester, VA 22601
November 13, 2006
Mr. Kevin Henry
Frederick Co. Dept. of Panning & Development
107 N. Kent Street
Winchester, VA 22601
RE: Carroll Industrial Park
Subdivision Plan
Dear Mr. Henry,
tel.: (540)662-5792
fax: (540)662-5793
email: office@painterlewis.com
Enclosed, please find for your review, one (1) set of plans for the above referenced pro-
ject. Revisions have been made per your letter dated June 28, 2006.
Please do not hesitate to contact this office if you would have any questions or need ad-
ditional information.
Sincerely,
.fill Fries
PAINTER-LEWIS, P.L.C.
Enclosure
cc: Mr. John Whitacre — 2 copies
Frederick Co. Sanitation Authority
Mr. Joe C Wilder — 1 copy
Frederick Co. Engineering
Mr. Mike Carroll — 2 copies
Owner
PAINTER-LEWIS, P.L.C.
Carroll Industrial Park - Route 637, Frederick County
Page 1 of 1
Mark Cheran
From: Funkhouser;-Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd.ingram@VDOT.Virginia.gov]
Sent: Thursday, November 30, 2006 2:53 PM
To: 'PLC Painter -Lewis (tgpainter@painterlewis.com)'; 'Jill Fries'; 'PLC Painter -Lewis
(office@ painterlewis. com)'
Cc: Ingram, Lloyd; 'Mark Cheran (mcheran@co.frederick.va.us)'
Subject: Carroll Industrial Park - Route 637, Frederick County
We have received your revised site plan dated November 13, 2006 for the referenced project. It appears
all of our earlier review comments have been satisfactorily addressed. Also please provide four (4)
sets of approved construction plans with signed seal for VDOT distribution.
Please advise the owner of our approval, contingent on the developer understanding that prior to
this road being acceptance into the VDOT's Secondary System, a railroad signal system will need
to be either in place or bonded by the developer.
The appropriate land use permit may now be applied for to cover work within the Route 637 right-of-
way. The permit is issued by this office and will require a minimum processing fee, surety bond
coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of
dedication for drainage easements or additional right-of-way required for implementation of this
proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication
should be made to the Commonwealth of Virginia.
Once satisfactory application has been made, a permit will normally take approximately thirty days to
process and issue. Should you have any questions, do not hesitate to call.
Lloyd A. Ingram
Transportation Engineer
VDOT — Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
11/30/2006
Q
6�
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R (i� RL
hh44 ;.•`., od ei .
as Charles Tom,
Road
MSITE..
�n e�
VICINITY MAP
SCALE: 1" = 1000' '
APPROVED BY
FREDERICK COUNTY SANITATION AUTHORI DATE������
VIRGINIA DEPARTMENT OF TRANSPORTATION, DATE 21'O1*
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
OWNERS' CONSENT
THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF C CLAN, LLC, AS APPEARS IN THE ACCOMPANYING
PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND WISHES OF THE UNDERSIGNED
OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY.
C CLAN, BY:
.LLC
Elizabeth C. Lewin, Manager DATE
NOTARY PUBLIC
STATE OF � n 1�
CITY/COUNTY OF"4iee&r1vc'
t ,
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _I ► DAY OFs 1IMe"'f! No' ,
2006 BY ELIZABETH C. LEWIN. MANAGER ON BEHALF OF C CLAN, LLC,
A.A:A
NOTARY PUBLIC
MY COMMISSION EXPIRES ii1�L1 3�� 3-tX�9
SURVEYOR'S CERTIFICATE
I, HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS THE SAME LAND CONVEYED TO C
CLAN, LLC BY A DEED DATED DECEMBER 06, 2005, RECORDED AS INSTRUMENT NUMBER 05002859; AND THE SAME
LAND CONVEYED TO C CLAN, LLC BY A DEED DATED DECEMBER 6, 2005 AND RECORDED AS INSTRUMENT NUMBER
050028600; AND THE SAME LAND SHOWN ON DEED OF CONSOLIDATION DATED DECEMBER 9, 2005 AND RECORDED
INSTRUMENT NUMBER 06000389. ALL INSTRUMENTS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT OF FREDERICK COUNTY,VIRGINIA.
ELLIOTT RITCHIE, JR.
FINAL PLAT OF SUBDIVISION
of �j
CARROLL INDUSTRIAL PARK
�tZNJH
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
ELLIOTT RITCHIE, JR.
CERTIFICATE NO.
DATE: 5 OCTOBER 2006
COVER SHEET
SHEET 1 OF 9
No. 1318
le151- 4157
= PAINTER—LEWIS, P.L.C.
L4ND
116 SOUTH STEWART STREET
SURN
WINCHESTER, VIRGINIA 22601
CONSULTING
ENGINEERS 540-662-5792
L2�ORIGINAL TAX MAP Nos: 43-A PARCELS 83, 84, 84A & 85
1 1 ZONED: M2 (INDUSTRIAL GENERAL DISTRICT)
mm 9 1 1 AREA TABULATION
Im 1 EBERT ROAD + 1.3514 ACRES
i vi 1 MILTON RAY DRIVE 2.3376 ACRES
43 A-112B BVTMMVRV, LLC 1 FUTURE EXTENSION OF MILTON RAY DRIVE + 0.8320 ACRES
PMVEN NORSEBY DVC. ZONED.• df1 o AREA IN LOTS +101.7478 ACRES
ZONED• BA INST. Z..• 020011418 I a ' PUMP STATION LOT + 0.0712 ACRES
DB. 855, PG. 1583 USL:• AGRICULTUBE/UNDEVELOPED PARCEL B + 2.0354 ACRES
USE.- SINGLE FAMILY BESIDEN= 1 1
1 1 TOTAL AREA SUBDIVIDED 108.3754 ACRES
N4T52'69'R 660.00'
-- ' MINIMUM SETBACK
REQUIREMENTS
LOT 6
SHur 6 1
1 1 FRONT:
N 75' FROM MINOR STREETS
44-A-12 75' FROM MAJOR HIGHWAYS
ZUCKERMAN ENTERPRISES, INC.
ZONED: M2 25' ALL OTHERS
DH: 310. PG: 699 — — SIDE: 25'
USE: INDUSTRIAL �REAR: 25' ' H
� z
I� LOT 6tv
I I
1„
m �
w
y a
9 MW 6' ' LOT 4
\ 11
I
44A-M
✓AMES T. 174SON
i
1
Iry LIMITS OF USE DESIGNATION
ZONED.- Jf2
RZT. ,f.• 03005581
LOT 2
,
(ADJACENT TO THE 1-81 AND ROUTE 37 INTERCHANGE AREA)
Use.- INDUSTRIAL
LOT 3 w
PARKING AND OTHER ACCESSORY USES SHALL BE PERMITTED IN THE AREA
r
LOCATED NORTHEAST OF THE "LIMITS OF USE" BUILDING RESTRICTION LINE
1 /41
PURSUANT TO APPLICABLE REQUIREMENTS OF THE ZONING ORDINANCE, AS
DISCUSSED BELOW. PRK)R TO CONSTRUCTION OF PARKING OR ANY OTHER
Y
ACCESSORY USES WITHIN THE "LIMITS OF USE" AREA, THE APPLICANT MUST
DEMONSTRATE THAT THE ZONING ORDINANCE REQUIRED PARKING COULD
Ic LOT 1 o
ADEQUATELY BE ACCOMMODATED ELSEWHERE ON THE CARROLL INDUSTRIAL
I
PARK MDP PROPERTY. EXECUTION OF A SHARED PARKING AGREEMENT, PER
44 A-5
SHEL�1' 4 /
THE ZONING ORDINANCE, MAY BE UTILIZED TO SATISFY THE ZONING ORDINANCE
DMAW "D �.N
SHATLEy-
/
I
PARKING REQUIREMENTS.
ZONED• RA
DB.• 851, PG.• 273
I
IN THE EVENT THAT VDOT DETERMINES THAT ALL OR A PORTION OF SAID
GRlC
Auses' EVELOPED
i
AREA IS REQUIRED FOR PUBLIC ROAD IMPROVEMENTS AND THUS INITIATES THE
/
PROCESS OF ACQUIRING THE NECESSARY RIGHT OF WAY, THE PROPERTY
/
OWNER SHALL BE RESPONSIBLE FOR RELOCATING ANY PARKING OR OTHER
ACCESSORY USE INSTALLED WITHIN THE DESIGNATED "LIMITS OF USE" AREA.
428.4a
THE RELOCATION OF SUCH USES SHALL OCCUR AT THE OWNER'S EXPENSE.
44-1-C
44-1-D2
ANY COSTS ASSOCIATED WITH DESIGN AND RECONSTRUCTION OF THE "LIMITS
EASY LIVING ASSOCIATES
ZONED.• d/HI
O.L.
BOTH B.PA
OF USE" AREA FOR PURPOSES OF PUBLIC ROAD IMPROVEMENTS, TO INCLUDE
DB.• 468, PG.• 684
D.•
E,if1Y1
fm
REMOVAL OF EXISTING ACCESSORY USES, SHALL BE THE RESPONSIBILITY OF
USE .IfOBILE HOdM PAR,ir
UsF,..fOB,
INS7 02
VDOT.
TH op �f�P
UAL LIOTT RITCHIE, JR. a
CERTIFICATE NO.
No. 1318
tb/,S/ob
9�rjj STJTR.v��
DRAWN BY: DMJ
JOB NO.: 0303002
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 11 /16/06
DATE: 5 OCTOBER 2006 I SCALE: NTS I SHEET 2 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
rm WINCHESTER, VIRGINIA 22601
CONSULTING 540-662-5792
ENGINEERS
CURVE TABLE
1I10Imr_1:1111
No
ARC
DELTA
RADIUS
TAN
BEARING
CHORD
Cl
50.37'
04'29'04"
643.53'
25.20'
N5W35'14"W
50.35'
C1A
51.21'
04'33'34"
643.53'
25.62'
N50'03'55"W
51.20'
C2
337.52'
33'55'38"
570.00'
173.87'
N30'49'19"W
332.61'
C3
28.60'
46'49'35"
35.00'
15.16'
N09'33'17"E
27.82'
C4
49.04'
46'49'35"
60.00'
25.98'
S09'33'17"W
47.68'
C5
94.25'
90'00'00"
60.00'
60.00'
S58'51'30"E
84.85'
C6
715.64'
02*29'19"
16476.20
357.87'
S58'58'17"W
715.58'
C7
151.05'
75'15'18"
115.00'
88.65'
S79'51'37"W
140.42'
C8
101.57'
OF16'19"
703.53'
50.87'
N51'55'18"W
101.48'
C9
354.71'
32"5'34"
630.00'
182.19'
N31'39'21"W
350.04'
C10
53.96'
88'19'56"
35.00'
34.00'
S59'41'32"E
48.77'
C11
493.35'
49'35'26"
570.00'
263.32'
N51'20'47"E
478.09'
C 12
166.93'
09' 17' 10"
1030.00'
83.65'
S31' 1 1 '39"W
166.75'
C 13
194.23'
1 1'28'21 "
970.00'
97.44'
S32' 17' 14"W
193.90'
C14
545.28'
49'35'26"
630.00'
291.04'
N51'20'47"E
528.42'
C15
54.98'
90'00'00"
35.00'
35.00'
S31'08'30"W
49.50'
C 16
28.60'
46'49'35"
35.00'
15.16'
S37' 16' 18"E
27.82'
C17
143.28'
136'49'35"
60.00'
151.64'
N07'43'42"E
111.58'
C18
284.96'
02'54'01"
5629.58'
142.51'
N53'15'32"E
284.93'
C19
114.98'
06'23'45"
1030.00'
57.55'
S39'02'06"W
114.92'
C20
71.26'
04"2'33"
970.00'
35.65'
S40'07'42"W
71.24'
C21
686.08'
06'58'58"
5629.58'
343.47'
N48' 19'03"E
685.66'
C22
17.91'
51'19'04"
20.00'
9.61'
S67'53'30"W
17.32'
C23
1 16.57'
1 1 1' 19'04"
60.00'
87.82'
N37'53'30"E
99.08'
C24
62.83'
60'00'00"
60.00'
34.64'
N47'46'02"W
60.00'
C25
116.57'
1 11' 19'04"
60.00'
87.82'
S46'34'26"W
99.08'
C26
17.91'
51'19'04"
20.00'
9.61'
N16'34'26"E
17.32'
C27
1948.13'
19'49'39"
5629.58'
983.90'
N34'54'45"E
1938.43'
C28
101.57'
08'38'25"
673.53'
50.88'
N52'06'20"W
101.47'
C29
355.28'
33'55'38"
600.00'
183.02'
N30'49'19"W
350.12'
C30
519.31'
49'35'26"
600.00'
277.18'
N51'20'47"E
503.25'
C31
273.70'
15'40'54"
1000.00'
137.71'
S34'23'31 "W
272.84'
C32
41.47'
02'48'47"
844.69'
20.74'
N59'38'50"E
41.47'
C33
172.34'
13' 18' 19"
742.15'
86.56'
N 19'55'54"W
171.96'
C34
494.43'
30'15'57"
935.99'
253.13'
N01'51'14"E
488.70'
C35
544.10'
33' 18'24"
935.99'
279.98'
N33'38'24"E
536.47'
No
BEARING
DIST
E1
N 4212'52" E
71.50'
E2
S 47'47'08" E
134.52'
E3
N 42*12'52" E
25.00'
E4
N 47'47'08" W
134.52'
ES
I N 47'47'08" W
108.00'
E6
N 42'12'52" E
S 4747'08" E
E8
N 4212'52" E
P170.75'E7
E9
N 47'47'08" WE10
N 4212'52" E
E11
N 87'12'52" E
117.38
E12
N 4212'52* E
208.91'
E13
N 02'47'08" W
51.23'
E14
S 8712'52' W
20.00'
E15
S 02'47'08' E
42.95'
E16
S 4212'52* W
192.35'
E17
S 8712'52" W
37.90'
1E181
N 02'47'08" W
126.15'
JE191
S 8712'52" W
20.00'
,A1,TH OF
LLIOTT RITCHIE, JR.
CERTIFICATE NO.
No. 1318
/o1Sio-6
DRAWN BY: DMJ
JOB NO.: 0303002
EASEMENT LINE TABLE
No
BEARING
DIST
E20
S 02'47'08" E
126.15'
E21
S 8712'52" W
59.48'
E22
S 4212*52" W
27.40'
E23
N 4747'08" W
35.25'
E241
S 4212'52" W
20.00'
E25
S 4747'08" E
E26
S 4212'52" W
E27
N 47'47'08" WE28
V466.36'
N 17'08'28" W
E29
N 13'57'51" WE30
N 08'32'09" E
76.46
E31
N 02'22'26" E
43.27'
E32
N 44*48'10* W
90.93'
E33
N 11'50'55" W
54.56'
E34
N 75'31'53" E
35.71'
E35
S 62'30'43" E
71.81'
E36
S 82*00'16' W
117.12'
E37
S 4747'09" E
5.00'
E38
N 4212'52" E
176.74'
No
BEARING
DIST
E39
S 47'47'08" E
5.00'
E40
N 4212'52" E
71.95'
E41
S 47'47'08" E
5.00'
E42
N 4212'52" E
266.73'
E431
S 47'47'08" E
6.00'
N 4212'52" E
72.37'
N 4747'08" W
21.00'
S 76'08'30" W
170.53'
[E47
S 53'41'29" W
207.93'
S 42'55'28" W
132.25'
S 27'58'06" W
220.62'
E501
S 3552'52" W
154.86;
E51
I S 8713'58" W
70.71
E521
S 8713'58" W
70.71'
E53
S 4213'58" W
34.26'
E54
S 64*42*52" W
25.45'
E55
S 59'08'46" E
39.38'
E56
S 47'46'02" E
39.00'
E57
S 87'30'43" E
87.00'
No I
BEARING
DIST
L1
N47'47'08"W
66.84'
L2
S02'29' 17"W
70.46'
L3
N62'30'43"W
153.14'
L4
S27'29'17"W
193.10'
L5
OMITTED
L6
OMITTED
L7
OMITTED
L8
N47'47'08"W
74.34'
L9
S13'51'30"E
181.60'
L10
N60'13'34"E
93.85'
L11
N47'47'08"W
141.18'
L12
S26'33'04"W
36.10'
L13
N26'33'04"E
36.10'
L14
N13'51'30"W
70.96'
L15
N59'39'33"E
134.52'
L16
N42'13'58"E
8.88'
L17
N42'13'58"E
74.59'
L18
N76'08'30"E
10.41'
L19
S76'08'30"W
10.69'
L20
S42' 13'58"W
134.34'
L21
N47'52'59"W
60.00'
L22
S47'52'59"E
187.82'
L23
S41 *41 '51 "E
218.57'
L24
S42' 13'58"W
134.34'
L25
N47'47'08"W
141.18'
L26
N13*51'30"W
45.65'
L27
S13'51'30"E
205.24'
L28
S76'08'30"W
75.41'
L29
N26'33'04"E
36.10'
1_30
N42' 13'58"E
681.93'
L31
N42' 13'58"E
661.40'
L32
S42' 13'58"W
134.34'
1_33
N42' 12'52"E
64.96'
L34
S47'50'38"E
50.00'
L35
S42' 12'52"W
59.05'
No I
BEARING
DIST
E58
N 4212'52' E
102.57'
E59
N 27'46'50" E
63.03'
E60
N 4746'02" W
89.98'
E61
N 7212'52" E
40.44'
E62
N 4212'52" E
446.36'
E631
S 57'54'07" E
127.55'
E64
N 42*12'52" E
293.97'
E65
N 20'33'09" W
248.74'
E66
S 7212'52" W
11.32'
CURVE TABLE
No
ARC
DELTA
RADIUS
TAN
I BEARING
CHORD
EC1
151.05'
7515'18"
115.00'
88.65'
S79'51'37"W
140.42'
EC2
87.74'
5016'25
100,00'
46.92'
S67'21'04"W
84.96'
EC3
28.97'
14'26'02
115.00'
14.56'
S34'59'51 "W
28.89'
EC4
37.13'
17'36'08
120.85'
18.71'
S33'24'48"W
36.98'
EC5
93.99'
53'51'06
100.00'
50.79'
N84'40'39"W
90.57'
EC6
59.66'
48'31'13"
70.46'
31.75
S17'57'15"W
57.90'
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 12/4/06
DATE: 5 OCTOBER 2006 1 SCALE: NONE I SHEET 3 OF 9 1
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
® WINCHESTER, VIRGINIA 22601
CONSULTING 540- 662- 5792
ENGINEERS
MILTON RAY DRIVE -.,-
WATER &SANITARY
EBERT ROAD
j N LOT 4 i �:: •::..: � SEWER EASEMENT
LOT 9 60' R.O.W. �� __,� \SEE SHEET 5---
SEE SHEET 5 ♦�" 1 L26 <".'°'i WATER EASEMENT
Y—AR
.�-�.:--*—.----+ ..•-..-`o r-------� TEMPORARY
CONSTRUCTION EASEMENT
.lam •�!'' ��PRI :::.^ _ E29
�, 1���♦ R• SpN - --- E28------�
g FSp:. , 0`�� \ =i ACCESS EASEMENT
.;•
♦' %erNP�3575� l5 BRL `�_, ;� do-, %\\ cad
LOT 2
y� 7.0410 AC \ �� \ \
!s �� yqo`�°" \ y v= LOT 3
91P�0 Nr`` \ ��° 3.2500 AC
lam!\
� \\ q�,Oq�,O Fps � � •`00• ��- yf � \\ �`\ \\ � 7'�1
O?s• \\ c^JJ'FJLP : '`i;F6� 'L: �E33,m�r�^ \ (�
co
� \\ F1s�y F`�sF. B�\\ .. •�-i7 `� `` . �'2F�io ,. : l�•�L // � �¢ p�R 4
J/��O k Mi��, \`;.gyp..}• a\`F / . \
0
;Oy9�oF�Q>s9v /;B0 • 6,p� \ �.♦ °' 'o
SEE DETAIL 'A' �0' "
E20
Cy
44—A-6A ti\ F o- �l l
JAMES T. WILSON ��so c�;.��� Fs�1 �a ��', G�eJ, STORM WATER
ZONED: M2 0�, �� ':�\ yT �, ,\ p 1, MANAGEMENT
INST. #: 03005581 I o �o- \s� s EASEMENT
USE: INDUSTRIAL '' �E15 cgs�'q� Jo '`,t�s
DETAIL 'A' s�G° F4r; e, � \� y y
65
STORMWATER
�Fy ss 12.1096 AC
MANAGEMENT EASEMENT
i �=� k lj
off::. �
LOT 2
-y
£5.gccESS Wi...:�;` LOT 1a,r �o
{
ASEMENT --� E��; :�;;,�Y G• cP� ti 9 q\ \
20' WATER EASEMENT �a �, Fo �� 0\
evo
0' 200' 400' 600' 1 G ems%
NOTE:
25' Utility Easement along all street property lines
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines
AZ,TH OF
LLI TT RITCHIE, JR.
CERTIFICATE NO.
No. 1318
/o/S/ob •
DRAWN BY: DMJ
JOB NO.: 0303002
44-1—D2
O.L. AND RUTH B. PAYNE
ZONED: MH1
INST. #: 02008972
USE: MOBILE HOME PARK
44-1—C
EASY LIVING ASSOCIATES
ZONED: MH1
DB: 468, PG: 634
USE: MOBILE HOME PARK
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 12/4/06
DATE: 5 OCTOBER 2006 1 SCALE: 1 "=200' SHEET 4 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 226501
CONSULTING 540-662-5792
ENGINEERS
LOT 5
SEE SHEET 6
WATER & SANITARY
20' WATERLINE EASEMENT
LOT 8
SEE SHEET 6
EASEMENT
NOTE:
25' Utility Easement along all street property lines
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines
---�__ C16 R
._'17 4
I �� �W.26.g
~ 25'
\_ $60
26`,
LOT 4 —
10.0000 AC 4 �;
I QS
WATERLINE EASEMENT
_ — —' —75'_I RL �� 0�10 R LOT 3
E48 _ E47 ! G SEE SHEET 4
L — E49 --- -- __� �`� ; ii %.
r—
Im
I
IN
44—A-12
ZUCKERMAN ENTERPRISES, INC.
ZONED: M2
DB: 310. PG: 699
USE: INDUSTRIAL
c30 FA
12
�o',
20' WATERLINE 5EASEMENT 0�
cL 20' WATERLINE EASEMI
E54
!
r
LOT 9 20' STORM
10*0000 AC DRAINAGE EASEMENT-
E6
i
c 20' WATERLINE EASEMI
25' BRL E53
5
'S t
EXISTING (RTE. 837)=r `,
EBERT ROAD 1{
0' 200' 400' 600'
{
t
t 5
ALL,
IW JR.
CERTIFICATE NO.
No. 1318
lq �vsuRv
DRAWN BY: DMJ
JOB NO.: 0303002
if
f
ERT ROAD
60' R.O.W.
LOT 2
SEE SHEET 4
c 20' STORM
DRAINAGE EASEMENT.
W �0' ACCESS EASEMENT CENTERED ON T f
?25' ACCESS EASEMENT LOT 1
SEE SHEET 4
PUMP STATION LOT
SEE SHEET 4
44—A-6A
JAMES T. WILSON
ZONED: M2
INST. #: 03005581
USE: INDUSTRIAL
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 12/4/06
DATE: 5 OCTOBER 2006 1 SCALE: 1 "=200' 1 SHEET 5 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540-662-5792
ENGINEERS
- EX. 100 YEAR FLOOD PLAIN f NOTE:
i 25 Utility Easement along all street property lines
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines
LOT 6
SEE SHEET 7
rrn
Ic/) /
50' LANDSCAPING EASEMENT
I
Ira
1
M
co
/ to M I M In
/
f T'1I I � d. tWo
t I �
10.0000 AC I N I— _
VOLUNTARY LIMITS,I I I O cn "USE" USE"PER i I� w
LIMITED ACCESS I I I Iz N
AREA OF 1-81 I I
II �
1 75' GRL 1
L16 I - - - - - - - - -- -- - - WATER & SANITARI'
r v I UKL to I LN.-MUpN yr
L _ r I�r LY Qi5Lt'
I / S4213'58"W 475.04' Z
_ _S 4214'08" W 681.71' SEWER EASEMENT E50 _
L30 M LTON RAY DRIVE c31
117 _ 254.83' _ _ '_F.L( _ ........... ' _�r
S4213'58"W 544.89' C19
Ft 20' WATERLINE EASEMENT
O I - --- - -- -- _ ..- . - 1 E56-
I � 1 (- 15' DRL - ----,,......_._ J _._ -' I F - - -- - - -- 75' 13RL 1
II III I
I
�w^II III I
� w �81 I I I
I ICI o I I -
3 " LOT 7
w I�;I r � I� Ico LOT 8 I
w I,�I" 10.0000 AC I`�I I 10.0000 AC
i3
1o5 it lii
�FII III
I I I I
a
S 4213'58" W 666.99' L I I 20' STORM DRAINAGE EASEMENT
-------------------T�-----,------- \S� 5f 13RL -----
- -S 421358W658,66_ _ J \ __ - __. -_.. _. __ __ __S 4213'58"-W .605.49 .
" FIRj-----------------------
t 54213'58"W 659.63'- -
75' INACTIVE BUFFER ' _' T'_.. ..1- ,.1, rflA1 f1A 11 r'f/1A1'1
e vjj 'T H OF
ELLIOTT R TCHF�.
CERTIFICATE NO.
No. 1318
%ND Sup-N
DRAWN BY: DMJ
JOB NO.: 0303002
44—A-12
ZUCKERMAN ENTERPRISES, INC.
ZONED: M2
D13: 310, PG: 699
USE: INDUSTRIAL
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 2006 1 SCALE: 1"=200' SHEET 6 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
coNSULTING ' 540-662-5792
ENGINEERS
0' 200' 400' 600' _L23
11
NOTE: /
25' Utility Easement along all street property lines N ��
20 Utility Easement along all exterior property lines , "! 1
10' Utility Easement on both sides of interior boundary lines
c")
�= Z
=IIIW �
43—A-99 /
RUTHERFORD, LLC
ZONED: M1
INST.#: 02001 1418 /
USE: AGRICULTURE/INDUSTRIAL
i
/ VOLUNTARY LIMI'
OF "USE" PER
LIMITED ACCES!
AREA OF I-81
'ram
EXTENSION OF MILTON RAY
0.8320 AC
OPEN SPACE PARCEL "B"
6b' STORMWATER MANAGEMENT LOT
— — =54 AC 25' INACTIVE BUF ER
N 47'52' 59"VP-660.00'
�F_-- --------`r-----r—
w l l I ' 01 --•
1 125V ACTIVE BUFFER 5y
? N4�59 W 660.007
I
cDi 1 I I
r
I i cn w
I� wlN
w
IF
I� I
L
I Iw
0
,,N
LOT 7 1
m w� lo, SEE SHEET 8
CD
M c) ��
� = I *I
Z M rnI
I
Dm( �� i C1
iD
�
D ; MILTON RAY DRIVE °
D ol
INI !I
AZ,TH Op-
7 r�
ELL101T RITCHIE, J �
CERTIFICATE NO.
No. 1318
/b/�YpG
4
L9ND SLTRv��
DRAWN BY: DMJ
JOB NO.: 0303002
-FLOOOPLAIN `
1
ti� II
L21
L22
25' I
v ? I o � �
I Z� LOT 6
<I 20.8699 AC
I I
o � I
;I
` I
^LA
I \ �
�xi I
I� r
L_—__ 25'f3RL \ J
——1'i47_46�8j:L' _
LOT 5 SEE SHEET 6�
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 20061 SCALE: 1 =200' SHEET 7 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540- 662- 579 2
ENGINEERS
I
1
I
I
1
1
0' 200' 400' 600' TW i a
/
t_►_,
NOTE: o
25' Utility Easement along all street property lines / N
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines / � 10001
QI
,
43—A-99
RUTHERFORD, LLC ' 1
ZONED: M1 � I
INST.#• 02QA'f1418
USE: AGRICWTifRE/INDUSTRIAL VOLUNTARY LIMITS 1
43-A-112B / OF "USE" PER 1
DEHAVEN NURSERY INC._ _ — — LIMITED ACCESS
_ — DB: 855, PG: 1583 AREA OF 1-81
fL
USE: SINGLE FAMILY RESIDENTIAL � —
1
FUTU
RE EXTENSION OF MILTON RAY DRIVE I
25' INACTIVE BUFFER L21
N47'52'5599 W 660.00' — — — — L22 _j
11 I V OPEN SPACE PAR B
25' ACTIVE BUFFE ` 01 5'
OPEN
MANAGEMENT LOT —I
I I N47'52 59 W 660.00 N
:ja a
44—A-12 I z
ZUCKERMAN ENTERPRISES, INC. 1 j wF'.'iV)
ZONED: M2 '$' I I I Ln fu z �2
DB: 310, PG: 699 I I w p• 4
USE: INDUSTRIAL IN j I cn
1 w I I Ln
z Iw cn rn
2 Ia'NI Iw ? I cn
�
1 V al i� LOT 7 a�
I
m
LOT 6
o
�i i`� :;.:..j SEE SHEET 7
o,l I C24 :
MILTON RAY DRIVE w
m 1 II ti
z li
II
'52'
S47571 660.00'
1 1�
Icn LOT 5
m (N SEE SHEET 6
N
N LOT 8 Im
SEE SHEET 6 11
11 s 1
I i a 1 to
TH 0
�•F+
ELLIOTT RITCHIE, JR.
CERTIFICATE NO.
No. 1318
OR -
DRAWN BY: DMJ
JOB NO.: 0303002
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 20061 SCALE: 1 "=200' 1 SHEET 8 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
IIM� WINCHESTER, VIRGINIA 22601
CONSULTING 540-662-5792
ENGINEERS
THE COUNTY OF FREDERICK, VIRGINIA PRESENTLY ANTICIPATES THAT THE FUTURE
EXTENSION OF ROUTE 37 WILL CROSS OVER A PORTION OF CARROLL INDUSTRIAL PARK,
INDICATED AS 'PROPOSED FUTURE ROUTE 37 RIGHT OF WAY LINE' AND VOLUNTARY
LIMITS OF "USE PER LIMITED ACCESS AREA OF ROUTE 37" ON THE MASTER
DEVELOPMENT PLAN OF CARROLL INDUSTRIAL PARK.
ANY IMPROVEMENTS LOCATED WITHIN OR ENCROACHING UPON THE "LIMITS OF USE" AREA
SHALL BE REMOVED AT THE REQUEST OF AND AT NO COST TO THE COUNTY OR VDOT.
THE REMOVAL OF ANY IMPROVEMENTS, INCLUDING THE DEMOLITION OR RELOCATION OF
ANY BUILDING, PARKING OR OTHER ACCESSORY USE, SHALL BE AT THE SOLE COST AND
EXPENSE OF THE OWNER AND VDOT SHALL NOT BE HELD RESPONSIBLE FOR SAID
DEMOLITION, RELOCATION OR ANY MONETARY RESTITUTION AS A RESULT OF LOST
DEVELOPMENT OR INFRASTRUCTURE OR THE LOSS OF PARKING, STORAGE OR OTHER
PERMITTED USES.
IN THE EVENT THAT THE COUNTY OR VDOT DETERMINES THAT THE ACTUAL LOCATION OF
THE FUTURE EXTENSION OF ROUTE 37 AND/OR THE 'LIMITS OF USE' HAVE A LESSER
IMPACT OR NO IMPACT UPON A PORTION OF CARROLL INDUSTRIAL PARK, THEN THE
COUNTY AGREES TO VACATE AND RELOCATE THE PROPOSED FUTURE ROUTE 37 RIGHT 0
WAY LINE AND THE 'LIMITS OF USE" IN CONFORMITY WITH THE ACTUAL LOCATION OF TH
FUTURE EXTENSION OF ROUTE 37.
1
I
1
i
I
1
11.121
40.76'
E
/ �
I
'
I, f
<Z9
i
co
J V,
THE FOREGOING LANGUAGE WOULD ALSO BE INCLUDED ON THE MASTER PLAN WITH THE . o t
APPROPRIATE CHANGE IN LANGUAGE SUBSTITUTING A REFERENCE TO THE MASTER �6
PLAN INSTEAD OF THE FINAL PLATS OF SUBDIVISION.
43—A-99 Q�0
RUTHERFORD, LLC
ZONED: M1
INST.#: 020011418
USE: AGRICULTURE/INDUSTRIAL
Future Extension of
Milton Ray Drive
Proposed Future Route 37
Right of Way Line
267.65'
so 6 PEN
l OP
SPACE
Z PARCEL B
-i Im
D �
44—A-12 I LOT 7 442.93'
ZUCKERMAN m I
ENTERPRISES, INC. N
ZONED: M2 m ,
DB: 310, PG: 699 z 1
USE: INDUSTRIAL
1
1
X
o--------------
a
00
co !
of ,
�t l.qr
i
i VOLUNTARY "LIMITS I
OF USE" PER
1 LIMITED ACCESS
1
AREA OF 1-81 N
(See Note — Sheet 2f 4
L21 I1 1
L22J I
1
1
1 I
of 56.54'
72.79' 1
1
269. 3c I
1 ��• LOT 6
P 1 A9�t 6 A� Z
.P 1
Ln
1
`\� 129.41'11
1
I 1 I LP
�
LOT 5 1
1
LOT 8
1 I
I1
1 1
1 ,
IA= 153.15
FINAL PLAT OF SUBDIVISION
(!D
�CARROLL INDUSTRIAL PARK
� ��STONEWALL MAGISTERIAL DISTRICT
JR.FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 2006 SCALE: 1"=300'SHEET 9 OF 9
44
PAINTER-LEWIS, P.L.C.
DRAWN BY: DMJ 116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
JOB NO.: 0303002 ENGI EE CONSULTING 540-662-5792
'—° NBL
TxR ;
^ Jae
LJte �O',
FJ Ot
OgOa r;
�OQ �A
LOT 6 Q N
0.8699 ACRES LOT 5
,N� 10.0000 ACRES
+ , r
epo
+enc
75' BRL .1ft
wr
3.6887 A E _
HaTON RAY DRIVE EXTENSIO - o
N(is)PA ° d
�o
L o s
U w LOT 7 ro LOT 8 T�
J (� 18co 0000 ACRES 10.0000 AEAS n_ 1.940 ACRES
Q m f�
r ; O °
I
() N
108.3754 ACRES
ACR
a
LOT 2
CRE�"' M ••�, � � �
Zlj
— +o
A,K ro t E3
62'30 43 " E
0
GE EASEM N 62'0016"
• Cb 1
�y�� ��� • • s 4,?W 52" W
8.54 ACRES 555.50'
EASEMENT n a o
--iJ
Michael L. Bryan
9 Court Square
2"" Floor
Winchester, VA
�r
070002103
CA
DECLARATION OF PROTECTIVE COVENANTS
OF CARROLL INDUSTRIAL PARK
THIS DECLARATION OF PROTECTIVE COVENANTS AND SUBDIVISION
("Declaration") made and dated this j day of February, 2007, by and between
C CLAN, LLC, a Virginia Limited Liability Company (the "Declarant") and THE
COUNTY OF FREDERICK VIRGINIA (the "County")
RECITALS:
A. C Clan, LLC is the owner of that certain tract or parcel of land lying and being
situate in Stonewall Magisterial District, Frederick County, Virginia, situate on the
southwestern side of Interstate 81 and on the northwestern side of the Winchester and
Western Railroad, containing in the aggregate 108.3754 acres, more or less, being more
particularly described by that certain plat titled "Consolidation Plat of the Land of C Clan,
LLC" dated December 9, 2005, drawn by Elliott Ritchie, Jr., L.S., which plat is attached to
and made a part of that certain Deed of Lot Consolidation dated December 9, 2005, of record
in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No.
060000389; and being the same lands acquired by that certain Deed dated December 6, 2005,
of record in the aforesaid Clerk's Office as Instrument No. 050028599 and by Deed dated
December 6, 2005 of record in the aforesaid Clerk's Office as Instrument No. 050028600,
Tax Map No: 43-A-83, 43-A-84, 43-A-84A and 43-A-85 (collectively, the "Property").
B. The Declarant has subdivided the Property into Lots 1 through 9, inclusive, as
more particularly set forth on that certain plat titled "Final Plat of Subdivision Carroll
Industrial Park", dated October 5, 2006, revised through December 4, 2006, drawn by Elliott
Ritchie, Jr. L.S. (the "Subdivision Plat"), a copy of which is attached hereto and
incorporated herein by reference as if set out in full. The Subdivision Plat sets forth certain
street dedication for a portion of Ebert Road and Milton Ray Drive, open space/storm water
management lot, storm water management pond easement, storm drainage easement, as well
as certain sanitary sewer, water, temporary construction, storm drainage, access, landscaping,
-1-
O
rL®g
waterline, and other easements and other matters, as more particularly described on the
attached Subdivision Plat.
C. The Declarant desires to create upon the Property an industrial park to be
known as "Carroll Industrial Park" and desires to provide for the preservation and
enhancement of the property values and opportunities within Carroll Industrial Park, and to
this end desires to subject the Property to the covenants and restrictions set forth hereinafter.
D. The subdivision of the Property as it appears upon the attached Subdivision
Plat is with the free consent and in accordance with the desires of the undersigned Declarant,
as more fully set forth hereinafter.
NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for
and in consideration of the premises and the benefits which will accrue by reason this
Dedication, the Declarant does hereby subdivide, grant and dedicate the Property designated
as Carroll Industrial Park, lying and being situate in Stonewall Magisterial District, Frederick
County, Virginia, and being more particularly described on the attached Subdivision Plat.
All of the Lots (as hereinafter defined) shown on the attached Subdivision Plat shall
be subject to the following restrictions, covenants and conditions which shall be deemed
covenants running with the land, and shall be binding upon all parties having any right, title
and interest in and to the aforesaid Lots (as hereinafter defined) or any part thereof, their
heirs, personal representatives, successors and assigns, and shall inure to the benefit of each
Owner (as hereinafter defined) thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Carroll Industrial Park
Association, Inc., a Virginia non -stock Corporation, its successors and assigns.
Section 2. "Storm Water Management Lot" shall mean and refer to that
Michael L. Bryan certain lot or parcel of land containing 2.0354 acres, more or less, situate South of Lot 7,
9 Court Square
2nd Floor being designated as "Open Space Parcel `B" Storm Water Management Lot" on the attached
Winchester, VA
Subdivision Plat.
-2-
+'
G
Michael L. Bryan
9 Court Square
2n' Floor
Winchester, VA
0
-.J
Section 3. "Storm Water Management. Easement" shall mean and refer
to that certain area located within the boundaries of Lot 1, containing 12.1096 acres, more or
less, being more particularly described on the attached Subdivision Plat.
Section 4. "Storm Water Management Ponds" shall mean and collectively refer
to the Storm Water Management Lot and the Storm Water Management Easement.
Section 5. "Lot" or "Lots" shall mean and refer to Lots 1-9, inclusive, as
designated upon the attached Subdivision Plat.
Section 6. "Member" shall mean and refer to every person or entity who holds
membership in the Association.
Section 7. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee simple title to any Lot which is a part of Carroll Industrial
Park, as shown on the Subdivision Plat, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
Section 8. "Declarant" shall mean and refer to C CLAN, LLC, a Virginia limited
liability company, its successors and assigns.
Section 9. "Pump Station Lot" shall mean and refer to that certain lot or parcel
of land containing 0.0712 acres, more or less, as designated on the attached Subdivision Plat.
ARTICLE II
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided interest in any Lot
which is subject to assessments by the Association, including contract sellers, shall be a
member of the Association. The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation. Only one
membership shall be accorded per Lot. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment by the Association.
Ownership of such Lot shall be the sole qualification for membership.
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Michael L. Bryan
9 Court Square
2"d Floor
Winchester, VA
o
ARTICLE III
1 911 I loci%"I "AM&I
Each Member of the Association shall have one vote for each Lot owned in which
said Member shall hold the interest required for membership as described in Article II, above.
When more than one person holds such interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they among themselves determine, but
in no event shall more than one vote be cast with respect to any Lot.
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of not less than two (2)
nor more than four (4) Directors (the "Board"). The initial Board of Directors shall be
appointed by the Declarant and serve until the first meeting of the Members following
conveyance of the first Lot in Carroll Industrial Park, which meeting shall be called within
eighteen (18) months following such conveyance; thereafter, the Board of Directors shall be
elected by the Membership as determined in the By -Laws of the Association.
TREASURER
If so determined by the Association, the Treasurer of the Association shall be bonded,
with the expense of such a fidelity bond for said officer to be borne by the Association.
ARTICLE IV
PROPERTY RIGHTS IN STORM WATER MANAGEMENT LOT AND STORM
WATER MANAGEMENT POND EASEMENT
Section 1. Storm Water Detention: The Storm Water Management Lot and Storm
Water Management Easement shall serve the storm water detention requirements for the Lots
in Carroll Industrial Park. Each of the Lots shall have an easement for purposes of storm
water drainage onto the Storm Water Management Lot and the Storm Water Management
Easement, as appropriate for each Lot, which easement shall be appurtenant to and shall pass
with the title to every assessed Lot, subject to the right of the Association to dedicate or
ma
transfer all or part of the Storm Water Management Lot to Frederick County Sanitation
Authority, as referenced in Article VII, below, or to any public agency, authority, or utility for
such purposes. Any such dedication or transfer to the Frederick County Sanitation Authority
may be made by the Association without the consent of the Members. Any other dedication
or transfer of the Storm Water Management Lot shall be subject to the approval of not less
than two-thirds (66.66%) of the Members, upon notice of the proposed action not less than
thirty (30) days nor more than fifty (50) days in advance of such proposed action.
Section 2. The Owner of any Lot that discharges storm water to the Storm Water
Management Pond Easement covenants and agrees that no sedimentation shall be discharged
on the Storm Water Management Easement, and that all hazardous materials and petroleum
products must be contained and appropriately addressed before being discharged onto the
Storm Water Management Easement, in compliance with all applicable rules and regulations
promulgated by the Virginia Department of Environmental Quality or such other regulatory
agency having jurisdiction thereof.
ARTICLE V
COVENANTS FOR MAINTENANCE/
ASSESSMENTS BY THE ASSOCIATION
Section 1. Assessments: The Declarant, for each Lot owned, hereby covenants,
and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to
the Association (i) annual operational assessments or charges, (ii) annual capital assessments
or charges, and (iii) special assessments for unanticipated operation expenses and for capital
improvements, such assessments to be fixed, established, and collected from time to time as
hereinafter provided. The annual assessments and special assessments, together with such
interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on
Michael L. Bryan each Lot and shall be a continuinglienon the Lagainst which each such assessment is
9 Court Square upon Lot
2"d Floor
Winchester, VA made. Each such assessment, together with such interest, costs and reasonable attorney's
fees, shall also be the personal obligation of the Owner of such Lot on the due date of such
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Michael L. Bryan
9 Court square
21 Floor
Winchester, VA
assessment.
Section 2. Purpose of Assessments:
The assessments levied by the
Association shall be used exclusively for the improvement and maintenance of the Storm
Water Management Lot and the Storm Water Management Easement, specifically including,
but not limited to, payment of real estate taxes, repairs, water quality testing and
management, regulatory compliance (if required), storm drainage maintenance, mowing,
grading, and services and facilities devoted to the aforesaid purposes and related to the use of
and enjoyment of the Storm Water Management Lot and the Storm Water Management
Easement.
Section 3. Basis and Maximum of Annual Assessments: All Lots shall be
subject to annual assessments for operational expenses (the "Operational Assessment") and
capital assessments for future improvements (the "Capital Assessments") of the Storm
Water Management Lot and the Storm Water Management Easement, as set forth hereinafter:
(a) Until January 1 of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual Operational
Assessment and annual Capital Assessment shall be as follows:
Lot
Operational Assessment
Capital Assessment
Lot 1
- $2,000.00
$500.00
Lot 2
- $2,000.00
$500.00
Lot 3
- $2,000.00
$500.00
Lot 4
- $2,000.00
$500.00
Lot 5
- $2,000.00
$500.00
Lot 6
- $2,000.00
$500.00
Lot 7
- $2,000.00
$500.00
Lot 8
- $2,000.00
$500.00
Lot 9
- $2,000.00
$500.00
(b) Thereafter, the
Operational Assessment and the
Capital Assessment
shall be allocated among the Lots as follows:
Lot 1
- 9.5295 %
Lot 2
- 7.8486 %
Lot 3
- 3.6227 %
Lot 4
- 11.1471 %
Lot 5
- 11.1471 %
Lot 6
- 23.2637 %
Lot 7
- 11.1471 %
Lot 8
- 11.1471 %
Lot 9
- 11.1471 %
(c) From and after
January 1 of the year immediately following the
conveyance of the first Lot to an Owner, after consideration of current
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maintenance costs and future capital needs of the Association, the
Operational Assessment and the Capital Assessment may be increased
by the Board of Directors above that set forth hereinabove by a vote of
the Members for the next succeeding year and at the end of each year's
period, for each succeeding period of one year, provided that any such
change shall have the assent of sixty percent (60%) of the votes of
Members who are voting in person or by proxy, at a meeting duly
called for this purpose, written notice of which shall be sent to all
Members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting.
Section 4. Special Assessments for Capital Improvements: In addition to the
Operation Assessment and Capital Assessment authorized above, the Association may levy in
any assessment year a special assessment applicable to that year only for the purpose of
defraying, in whole or in part, the cost of any unanticipated construction or reconstruction,
unexpected repair and/or replacement of the Storm Water Management Ponds or either of
such Ponds (the "Special Capital Assessment"). The Special Capital Assessment shall have
the assent of two-thirds (66.66% percent) of the votes of Members who are voting in person
or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to
all Members not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting, setting forth the purpose of the meeting.
Section 5. 1Intentionally Omitted:
Section 6. Quorum for my Action Authority Under Sections 3 and 4: At the first
meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of
Members or of proxies entitled to cast two-thirds (66.66% percent) of all votes shall
constitute a quorum. If the required quorum is not forthcoming at any meeting, another
meeting may be called, subject to the notice requirement set forth in Section 3 and 4 and the
required quorum at any such subsequent meeting shall be one-half of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than ninety (90) days
following the preceding meeting.
Section 7. Date of Commencement of Assessments; Due Date:
Michael L. Bryan 9 Court Square (a) The Operating Assessment and Capital Assessment shall commence as
2"" Floor
Winchester, VA to all Lots on the first day of the month following the conveyance of the first Lot to an
Owner. Such assessment shall be adjusted according to the number of months remaining in
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the calendar year. The Board shall fix the amount of the Operational Assessment and Capital
Assessment against each Lot at least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessments shall be sent to every Owner subject
thereto. The due dates shall be established by the Board.
(b) The due date for any special Capital Assessment shall be established
by the Board upon written notice given to every Owner subject thereto.
Section 8. Effect of Non -Payment of Assessments: Remedies of the Association:
Any assessments which are not paid when due shall be delinquent. If the assessment is not
paid within thirty (30) days after due date, the assessment shall bear interest from the date of
delinquency at the rate of ten percent (10%) per annum, and the Association may exercise any
and all rights and remedies as accorded by law, including, but not limited to, the right to
bring an action at law against the Owner personally obligated to pay the same, and/or
foreclose the lien against the Lot, and interest, costs and reasonable attorney's fees on any
such action or actions shall be added to the amount of such assessment. No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the
Storm Water Management Ponds or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages: The lien of the assessments
provided for herein shall be subordinate to the lien of any mortgage or mortgages now or
hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment
lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due from the lien thereof.
Section 10. Exempt Property: The following property subject to this Declaration
shall be exempt from the assessments created herein: (a) the Storm Water Management Lot;
and (b) all properties dedicated to and accepted by the Frederick County Sanitation Authority
or any other local public authority.
Michael L. Bryan
9 Court Square
2"" Floor
Winchester, VA
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ARTICLE VI
USE, RESTRICTIONS AND COVENANTS
This Subdivision shall be subject to the following restrictions which are constituted
covenants real to run with the land:
Hazardous Waste: No hazardous waste or substance shall be deposited,
disposed of or allowed to remain upon any Lot. Moreover, no hazardous
waste or substance, with the exception of cleaners, fumigants, materials used
for sanitizing in the ordinary course of business, solvents and petroleum
products commonly used in commercial operations, shall be generated, stored
or disposed of upon any Lot. The Owner of each Lot shall comply with any
and all environmental laws and regulations applicable to the Lot and any
activities conducted thereon.
2. Maintenance Responsibilities:
a. The Owner and any occupant of any Lot shall, jointly and severally,
have the duty and responsibility, at their sole cost and expense, to
maintain exterior signs and lighting in good repair and working order,
maintain mechanical facilities in working order, and comply with all
governmental, health, police and fire requirements, statutes and
regulations. In addition, the Owner and any occupants of any Lot
shall, jointly and severally, at their sole cost and expense, keep and
maintain any improvements hereafter made, placed or installed upon
any Lot, including buildings, parking lots, signs, landscaping and all
other improvements in connection therewith that are hereafter
installed, in a well maintained, safe, clean and attractive condition.
b. All grass areas shall be kept mowed to a height not exceeding six (6)
inches. All shrubs, trees or other ornamental bushes will be kept in
good condition so that all dead wood shall be removed from the same
and maintained in a good and attractive conditions. The landscaping
on all Lots and plants thereon shall be maintained in good health and
appearance and any damage thereto occasioned by reason of any cause
whatsoever shall be promptly repaired.
3. Rubbish and Debris: No rubbish or debris of any kind shall be kept or
allowed to accumulate on any Lot, except in approved waste containers or
dumpsters kept in locations screened insofar as practicable from the view of
adjacent property and streets.
4. Parking/Loading Facilities: At all times, the Owner and any occupant of
any Lot shall provide automobile and truck parking (not less than required by
the applicable zoning ordinance of Frederick County, Virginia) upon each Lot
adequate for the parking needs of any and all employees, visitors and company
vehicles. No parking shall be allowed off -site, whether adjacent to or near any
such Lot, which off -site parking is expressly prohibited. The Owner and any
Michael S Bryan occupant of an Lot shall use its best efforts to prevent and prohibit its
9 Court Square p Y p
2"d Floor employees, lessees, agents, customers and visitors from parking off -site. Any
Winchester, VA vehicles parked in violation of this Restriction #4 shall be subject to removal
by towing or otherwise at the expense of the owner of such vehicle parked in
violation of this Restriction #4.
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At all times, the Owner and any occupants of such Lot shall maintain loading
and unloading upon such Lot adequate for the business conducted thereon. Nc
loading or unloading shall be allowed off -site, whether adjacent to or near
such Lot, which off -site loading/unloading is expressly prohibited.
5. Si ns: The Owner shall be authorized to erect signage for the Lot or
any business conducted thereon, as follows:
1. A freestanding monument sign, not to exceed 10' in height, located at
the entrance to the Lot, with a maximum square footage of 100 square
feet in total area; or
2. A wall mounted sign constructed parallel to the face of any building
located on any Lot, below the roof line and projecting not more than 8"
from the wall face. Said sign shall not exceed twenty percent (20%) of
the area of the wall to which the sign is attached, and in no event
exceed 200 square feet of surface. In addition, said sign shall not
exceed the length of the side of the building on which it is affixed.
C. No flashing, blinking, sequential, intermittent or moving signs or lights
shall be permitted upon any Lot. Elevated stanchion signs are
prohibited.
6. Fences: Boundary fences must be of wood, brick or stone, not less than 48",
nor more than 72" in height. Chain link fences shall be permitted only in areas
that are not visible from Ebert Road or Milton Ray Drive. Other fences shall
only be used on limited areas of the Lot and only as required or needed for
screening purposes.
7. Screening: Storage areas, storage tanks, equipment, trash containers, heating,
air conditioning, electrical, gas, utility and other special equipment, materials
and maintenance facilities shall be either housed in enclosed buildings or
otherwise completely screened. Such screening may be by the use of
landscaping or permanent fences of solid materials. Roof objects (including
fans, vents, cooling towers, sky lights and all roof mounted equipment which
rises above the roof line, shall be housed in closed buildings or screened a
minimum of 4' above the roof line.
8. Building Facades: All front building facades must be constructed of brick,
stone, wood or split face block. As used herein, the "Front Building Facade"
shall be that side of any building facing Ebert Road and/or Milton Ray Drive.
Lot 4 shall be deemed to face Milton Ray Drive and Lot 9 shall be deemed to
face both Milton Ray Drive and Ebert Road.
9. BindingEffect: ffect: Each Owner, lessee, licensee and/or occupant of any Lot in
Carroll Industrial Park, by acceptance of a deed conveying title to such Lot, or
the execution of a contract for the purchase thereof, or the acceptance of a
lease or license therefore, or the taking of possession thereof, whether from
Declarant or any future Owner or lessee, shall accept such deed, contract,
lease, license or possession upon and subject to each and all the provisions of
S s successors or assigns, �s�
this Declaration, and also the jurisdiction, rights and powers of Declarant, and
9 Court S
Michael Bryan iti an3' pd the Association, and b such acceptance shall for
2"d Floor himself, his heirs, personal representatives, successors in interest and assigns,
Winchester, VA covenant, consent and agree to and with Declarant, its successors in interest
and assigns, the Association, and to and with the other Owners and lessees of
Lots in Carroll Industrial Park, to keep, observe, comply with and to perform
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Michael L. Bryan
9 Court Square
2"d Floor
Winchester, VA
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the requirements of this Declaration, whether or not any reference to this
Declaration is contained in the instrument by which said person acquired said
interest. Every person who now or hereafter owns or acquires any rights, title
or interest in or to any Lot shall be conclusively deemed to have consented and
agreed to the provisions of this Declaration, whether or not any reference to
this Declaration is contained in the instrument by which such person acquired
any interest in any Lot.
10. Utility Lines: All new power lines, telephone lines, cable t.v. and other utility
lines shall be installed underground by the Owner at Owner's sole cost and
expense.
11. Repair of Damage or Destruction: Any building or other improvement
which has been destroyed or partially damaged by fire or other causes, must
either be repaired or completely demolished and removed from the Lot upon
which such complete or partial destruction or damage occurred. Repair must
be commenced within a period of three (3) months after damage. Demolition
and removal must be completed within six (6) months after destruction or
damage.
12. Non -Waiver: No delay or failure on the part of the Declarant to invoke any
available remedy in respect to a violation of any of the foregoing Restrictions
shall be held as a waiver by the Declarant (or an estoppel of the Declarant to
assert) any right available to Declarant upon recurrence or continuance of said
violation or the occurrence of a different violation.
13. Trash Removal: The Owner of each Lot shall contract with a private company
for the removal of all trash and other debris from each Lot, at the sole cost and
expense of the Owner.
14. Successors in Title and Assigns: The foregoing Restrictions shall extend
to and be binding upon the Owners, and the Owners' successors in title,
assigns and/or lessees, for the benefit of the Declarant, and the Declarant's
successors in title and assigns.
15. Waiver: The Declarant herein reserves and shall have the right alone to
waive any one or more of the Restrictive contained herein as to any Lot
Owned by the Declarant. This waiver shall not affect the binding effect of the
Restrictions upon any other Lot. The Declarant further reserves the right
alone to impose additional restrictive covenants and restrictions as to any Lot
or Lots owned by it at the time of the imposition and such imposition shall not
affect the binding effect of these provisions upon any other Lots.
16. Invalidation: The invalidation of any one of the Restrictions contained herein
by judgment or Court order shall in nowise affect any of the other Restrictions
which shall remain full force and effect. The failure of the Owners or the
Declarant herein to enforce any covenants or restrictions shall not be deemed
to be a waiver of the right to do so thereafter as to a default occurring prior or
subsequent thereto.
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ARTICLE VII
CONVEYANCE OF SEWER PUMP STATION
AND STORM WATER MANAGEMENT LOT
Section 1. Pump Station: The Declarant intends to erect a sewer pump station
on the Pump Station Lot, at the Declarant's sole cost and expense, in connection with the
development of the Lots in Carroll Industrial Park. Title to the Pump Station (and if
requested, title to the Pump Station Lot) shall be conveyed by the Declarant to the Frederick
County Sanitation Authority ("FCSA"), or other appropriate governmental authority, within
ninety (90) days after completion of construction, obtaining all requisite regulatory approvals
and agreement on the part of FCSA, or other appropriate governmental authority, to accept
such conveyance.
Section 2. Conveyance of Storm Water Management Lot: The Declarant
shall convey title to the Storm Water Management Lot (as defined in Article I, Section 2,
above) to the Association on or before September 1, 2008.
ARTICLE VIII
EASEMENTS, DEDICATION OF STREETS
AND RESERVATION OF WATER RIGHTS
Section 1. Utility, Drainage, Access and Other Easements: The Property
dedicated hereby is subject to those certain easements or rights of way designated as
"Waterline Easement", "Access Easement", "Storm Water Management Easement",
"Waterline/Sanitary Sewer Easement", "Water Easement", "Temporary Construction
Easement", "Storm Drainage Easement", "Landscaping Easement", "Active and Inactive
Buffers", "Voluntary Limits of "Use" Per Limited Access Area of I-81" and other matters as
more particularly set forth on the attached Subdivision Plat. In addition, the Lots are subject
Michael L. Bryan to certain building restriction lines as more fully set forth on the attached Subdivision Plat.
9 Court Square
2"' Floor Section 2. Reserved Surface Drainage Easements: The Declarant, for a period of
Winchester, VA
ten (10) years from the date of conveyance of the first Lot in Carroll Industrial Park, hereby
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reserves a blanket easement and right on, over and under the ground within Carroll Industrial
Park to maintain and correct drainage of surface water in order to maintain reasonable
standards of health, safety and appearance. Such right expressly includes the right to cut any
trees, bushes or shrubbery, make any grading of the soil or to take any other similar action
reasonably necessary, following which the Declarant shall restore the affected property to its
original condition as near as reasonably practical. The Declarant shall give reasonable notice
of intent to take such action to all affected Owners, unless in the opinion of the Declarant an
emergency exists which precludes such notice.
Section 3. Street Dedication:
(a) The Declarant hereby dedicates unto the County for public street
purposes those certain streets designated as Ebert Road and Milton Ray Drive (exclusive of
that certain lot or parcel of land designated as "Future Extension of Milton Ray Drive" on the
attached Subdivision Plat, which future street is not hereby dedicated for street purposes), as
shown on the attached Subdivision Plat.
(b) The Declarant reserves the right to adjust the boundaries of Lot 6
and/or Lot 7 to incorporate that certain lot or parcel of land designated as "Future Extension
of Milton Ray Drive" in the event that the Declarant determines that such lot or parcel of land
is not needed for public street purposes.
Section 4. Reservation of Water Rights in Perpetuity: The Declarant hereby
reserves the sole and exclusive right to withdraw water from the quarry located within the
Storm Water Management Easement located upon a portion of Lot 1 (the "Water Rights"),
together with the permanent and appurtenant right of access thereto for such purposes. The
Declarant further reserves the right to grant, convey and assign the Water Rights.
ARTICLE IX
Michael L. Bryan PLAN APPROVAL PROCEDURES
9 Court Square
2 Floor Section 1. Preliminary Submission: Prior to the commencement, clearing,
Winchester, VA
grading or construction, the Owner, or its designated representative, shall submit to the
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Declarant three (3) copies of a preliminary plan setting forth the following:
(a) A master plan for full development of the Lot;
(b) A site plan showing: (i) location of all structures, easements, street
rights of way and setback lines; (ii) location of all walks, parking areas, off street loading
areas, driveways and outside storage areas; (iii) location of all landscaping features and
existing trees to be preserved, and limits of clearing and grading; (iv) site coverage data and
calculations; (v) parking data and calculations, including base data for projected needs; (vi)
site drainage plans, data and calculations; and (vii) a contour grading plan at two foot or
lesser intervals including spot elevations at appropriate locations;
(c) Architectural building elevation drawings of each building face;
(d) Building materials and color information with samples, if available;
(e) Description of proposed uses;
(f) Evidence that the proposed plan is in conformity with the applicable
ordinances of the County of Frederick, Virginia; and
(g) Roof plan for rooftop amenities.
Section 2. PrelimiRM Approval: Within not more than more than thirty (30)
days following delivery of Owner's submission to the Declarant, the Declarant shall review
the submission at a meeting at which Owner or Owner's representative shall be entitled to be
present, or within twenty-one (21) days following the conclusion of the meeting, the
Declarant shall provide Owner or Owner's representative a written approval, an approval
with conditions, or disapproval. No work may commence without prior written approval
from Declarant.
Section 3. Final Submission: Following approval of a preliminary submission
and prior to commencement of any clearing, grading or construction, the Owner, or his
designated representative, shall submit to the Declarant three (3) copies of all site plans,
Michael L. Bryan applications for permits, construction drawings and specifications and other drawings
9 Court Square
2 Floor submitted for governmental approval. In addition to the information required for the
Winchester, VA
preliminary submission, the final submission shall include: (a) location of all walks,
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driveways and curb lines; (b) layout and location of all parking areas, including location and
dimension of all spaces, circulation aisles, landscaping, curbs and bumpers; (c) layout and
location of all off street loading areas; (d) layout and location of all outside storage areas,
including identification and size of material to be stored in location type and dimensions of
all fencing and screening; (e) location, height, intensity and fixture type of all exterior
lighting; (f) location, size and type of all pipes, lines, conduit and appurtenant equipment and
facilities for the transmission of sanitary sewage, storm water, water and other utility
services; (g) location, site and type of all fencing; (h) architectural floor plans, building
elevations, wall sections, and details of each building; (i) temporary construction sign design;
and 0) permanent sign design and location.
4. Final Submission Approval: No building, structure or improvement of any
kind shall be commenced, installed, erected, placed, assembled, altered, occupied or
permitted to remain on any Lot, nor shall any use be commenced on any Lot, unless and until
the final submission for the same (including a description of the proposed use) has been
submitted to, review and approved by the Declarant in accordance with this Article IX. No
Owner shall commence clearing or grading, or construction of any site improvement prior to
final submission of the development proposal to the Declarant and approval thereof by the
Declarant.
5. Final Approval by Declarant: Upon approval by the Declarant of a final
submission for any Lot, subject only to conditions contained in the approval, all development
shown on the final submission shall be deemed to comply with the requirements of this
Declaration. If the Declarant, after having review and approval a preliminary submission,
shall fail to respond to a final submission within twenty-one (21) days after receipt thereof,
the final submission shall be deemed approved.
ARTICLE X
GENERAL PROVISIONS
Michael L. Bryan
9 Court Square
2"d Floor Section 1. Enforcement: The Association, its successors and assigns, or any
Winchester, VA
Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions,
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conditions, covenants, reservations, liens and charges, now or hereafter imposed by the
provisions of this Declaration. Failure by the Association, its successors or assigns, or by the
Owners to enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter. All costs which the Association, its successors or
assigns, or any Owner shall incur in the enforcement of the restrictions, conditions,
covenants, reservations, liens and charges, nor or hereafter imposed, shall be borne by the
party against which action is taken and which costs shall include reasonable attorney's fees,
costs and damages.
Section 2. Severability: Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provision which shall remain in
full force and effect.
Section 3. Amendment: The covenants and restrictions of this Declaration shall
run with the land and bind the land, and shall inure to the benefit of and be enforceable by the
Association, or the Owner of any Lot subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this
Declaration is recorded, after which time, said covenants shall be automatically extended for
additional successive ten (10) year periods unless two-thirds (66.66% percent) of the Owners
of the Lots in Carroll Industrial Park shall at least six (6) months prior to any such renewal
date execute and record an agreement amending said covenants and restrictions. The
covenants and restrictions of this Declaration may be amended during the first thirty (30) year
period by an instrument signed by all of the Lot Owners, and thereafter, by an instrument
signed by not less than two-thirds (66.66% percent) of the Lot Owners. Any amendment
must be properly recorded among the land records in the Clerk's Office of the Circuit Court
of Frederick County, Virginia.
Section 4. Dissolution: Upon dissolution of the Association, other than incident
to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate
Michael L. Bryan
9 Court Square
2"d Floor
public agency to be used for purposes similar to those for which the Association was created
Winchester, VA
or for the general welfare of the Owners of Lots in Carroll Industrial Park. In the event that
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such dedication is refused acceptance, such assets shall be deemed vested in the Owners of
the Lots in Carroll Industrial Park as tenants in common.
The subdivision of the Lots as shown on the attached Subdivision Plat and the
imposition of the Restrictions as set forth herein is with the free consent and in accordance
with the desire of the undersigned Declarant.
The County of Frederick, Virginia, by the signature of its agents on the attached
Subdivision Plat, consents to the subdivision of the Lots as set forth herein.
WITNESS the following signatures and seals:
C CLAN, LLC
,n
By: (n J}-
ElizabeIX C. Lewin, Manager
STATE OF VIRGINIA,
CITW Y OF ; ,, c h.t. , to -wit:
The foregoing instrument was acknowledged before me on the. A- day off 1b1';V ,
2007, by Elizabeth C. Lewin, who is Manager of C Clan, LLC, a Virginia Limited Liabilit
Company, and whose name is signed to the foregoing instrument dated the S day of
2007. ) 1 A
d`
My commission expires % 311 10
MLB/smb
c:\Deeds\Carroll Industrial Park Deed of Ded
2/2/07
Michael L. Bryan
9 Court Square
2"" Floor
Winchester, VA
NOTARY PUBLIC
-17-
i Rt. 76, C�
�vv •�. �, w 3) d OId Charles Town
aav'y�vvv)s"\v
Road
'SITE �8N
3:
VICINITY MAP
SCALE: 1" = 1000'
APPROVED BY
FREDERICK COUNTY SANITATION AUTHORI ADATE3d�
&&4L-
VIRGINIA DEPARTMENT OF TRANSPORTATION I DATE • Z • 010
FREDERICK COUNTY SUBDIVISION ADMINISTRA .�' `DATE � - j4-2% 9' L
OWNERS' CONSENT
THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF C CLAN, LLC, AS APPEARS IN THE ACCOMPANYING
PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND WISHES OF THE UNDERSIGNED
OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY.
C CLAN,BY:
qLLC
Elizab4fh C. Lewin, Manager DATE
NOTARY PUBLIC
r IIII MQr
STATE OF
CITY/COUNTY OF-ftedGritk.
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _t! DAY OF1j�rYt._,bt t-
2006 BY ELIZABETH C. LEWIN. MANAGER ON BEHALF OF C CLAN. LLC.
ina,t G
NOTARY PUBLIC
MY COMMISSION EXPIRES 1 ► 3I txocq
SURVEYOR'S CERTIFICATE
I, HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS THE SAME LAND CONVEYED TO C
CLAN, LLC BY A DEED DATED DECEMBER 06, 2005, RECORDED AS INSTRUMENT NUMBER 05002859; AND THE SAME
LAND CONVEYED TO C CLAN, LLC BY A DEED DATED DECEMBER 6, 2005 AND RECORDED AS INSTRUMENT NUMBER
050028600; AND THE SAME LAND SHOWN ON DEED OF CONSOLIDATION DATED DECEMBER 9, 2005 AND RECORDED
INSTRUMENT NUMBER 06000389. ALL INSTRUMENTS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT OF FREDERICK VIRGINIA.
COUNTY,
ELLIOTT RITCHIE, JR.
FINAL PLAT OF SUBDIVISION
�ITH of vj�
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
ELLIOTT RITCHIE, JR. 9
CERTIFICATE NO.
DATE: 5 OCTOBER 2006
COVER SHEET
SHEET 1 OF 9
No. 1318
PAINTER-LEWIS, P.L.C.
4
lgND
suRN,c�
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING
ENGINEERS 540-662-5792
f
I Lzs
ORIGINAL TAX MAP Nos: 43-A PARCELS 83, 84, 84A & 85
1 1 ZONED: M2 (INDUSTRIAL GENERAL DISTRICT)
SES
r s 1 1 AREA TABULATION
I 1 EBERT ROAD + 1.3514 ACRES
43A-9.9 1 MILTON RAY DRIVE 2.3376 ACRES
49 A-11.2B g R , LLC 1 FUTURE EXTENSION OF MILTON RAY DRIVE + 0.8320 ACRES
DENavEN Nu1rsERr Lvc. ZONED art o AREA IN LOTS 101.7478 ACRES
zoNED lea 1Na7' p 0.20011418 1 PUMP STATION LOT + 0.0712 ACRES
us.� ,SINGLE FA�6r 1� L .46Rr=ZT9BX1W DEVELOPED 1 PARCEL B + 2.0354 ACRES
1
1 TOTAL AREA SUBDIVIDED 108.3754 ACRES
N4T8$'51QO 880.00'
-- ' MINIMUM SETBACK
' '� s REQUIREMENTS
1 LOT T 11 1 � 8 1 1 FRONT:
Ig 75' FROM MINOR STREETS
44—A-12 N 75' FROM MAJOR HIGHWAYS
ZUCKERMAN ENTERPRISES, INC. _ _ 25' ALL OTHERS
DH Z31 . PG':: 6 9 — SIDE: 25'
USE: INDUSTRIAL, REAR: 25'
x
1� LOT e
1�
0)
si SEW 511 LOT 4
\ 11
✓AdfBS T. —ffWON `°
LIMITS OF USE" DESIGNATION
090 55B1 1 LOT a
,
(ADJACENT TO THE I-81 AND ROUTE 37 INTERCHANGE AREA)
INSTO/
USB:• 01VUS72MAL
LOT s ffCo
PARKING AND OTHER ACCESSORY USES SHALL BE PERMITTED IN THE AREA
/e
LOCATED NORTHEAST OF THE "LIMITS OF USE" BUILDING RESTRICTION LINE
IN /" �
PURSUANT TO APPLICABLE REQUIREMENTS OF THE ZONING ORDINANCE, AS
ft
DISCUSSED BELOW. PRIOR TO CONSTRUCTION OF PARKING OR ANY OTHER
Y
ACCESSORY USES WITHIN THE "LIMITS OF USE" AREA, THE APPLICANT MUST
DEMONSTRATE THAT THE ZONING ORDINANCE REQUIRED PARKING COULD
1R LOT i o
ADEQUATELY BE ACCOMMODATED ELSEWHERE ON THE CARROLL INDUSTRIAL
1
PARK MDP PROPERTY. EXECUTION OF A SHARED PARKING AGREEMENT, PER
44 A-5 gHM 4
THE ZONING ORDINANCE, MAY BE UTILIZED TO SATISFY THE ZONING ORDINANCE
I
PARKING REQUIREMENTS.
s
ZONED.• RA
,VB. 851, PC. ,279 1
IN THE EVENT THAT VDOT DETERMINES THAT ALL OR A PORTION OF SAID
1
AREA IS REQUIRED FOR PUBLIC ROAD IMPROVEMENTS AND THUS INITIATES THE
ACRlC EVELOPED /
PROCESS OF ACQUIRING THE NECESSARY RIGHT OF WAY, THE PROPERTY
OWNER SHALL BE RESPONSIBLE FOR RELOCATING ANY PARKING OR OTHER
ACCESSORY USE INSTALLED WITHIN THE DESIGNATED "LIMITS OF USE' AREA.
AP
4W.48
THE RELOCATION OF SUCH USES SHALL OCCUR AT THE OWNER'S EXPENSE.
44-1-c
ANY COSTS ASSOCIATED WITH DESIGN AND RECONSTRUCTION OF THE "LIMITS
44-1 DB
Easr LIWG i4y O.L RUTra B PA
OF USE" AREA FOR PURPOSES OF PUBLIC ROAD IMPROVEMENTS, TO INCLUDE
DB• 458, PG.- 634
REMOVAL OF EXISTING ACCESSORY USES, SHALL BE THE RESPONSIBILITY OF
%.0W0V8YXt
USE afOB" XOafE PARKZVWTr. 7
VDOT.
I,TH �F � <A
LLIOTT RITCHIE, a
CERTIFICATE NO.
No. 1318
• G
L v S /�//'llllsl�90
DRAWN BY: DMJ
JOB NO.: 0303002
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 11 /16/06
DATE: 5 OCTOBER 2006 1 SCALE: NTS I SHEET 2 OF 9 1
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540— 66 2— 5792
ENGINEERS
CURVE TABLE
I_INF TARI F
No
� ARC
DELTA
RADIUS
TAN
BEARING
CHORD
C1
50.37'
04'29'04"
643.53'
25.20'
N54'35'14"W
50.35'
C1A
51.21'
04'33'34"
643.53'
25.62'
N50'03'55"W
51.20'
C2
337.52'
33'55'38"
570.00'
173.87'
N30'49'19"W
332.61'
C3
28.60'
46'49'35"
35.00'
15.16'
N09'33' 17"E
27.82'
C4
49.04'
46'49'35"
60.00'
25.98'
S09'33' 17"W
47.68'
C5
94.25'
90'00'00"
60.00'
60.00'
S58'51'30"E
84.85'
C6
715.64'
02'29'19"
16476.20'
357.87'
S58'58'17"W
715.58'
C7
151.05'
75"5'18"
115.00'
88.65'
S79'51'37"W
140.42'
C8
101.57'
08' 16' 19"
703.53'
50.87'
N51'55' 18"W
101.48'
C9
354.71'
32*15'34"
630.00'
182.19'
N31'39'21 "W
350.04'
C10
53.96'
88'19'56"
35.00'
34.00'
S59'41'32"E
48.77'
C11
493.35'
49'35'26"
570.00'
263.32'
N51'20'47"E
478.09'
C 12
166.93'
09' 17' 10"
1030.00'
83.65'
S31' 11 '39"W
166.75'
C 13
194.23'
1 1'28'21 "
970.00'
97.44'
S32' 17' 14"W
193.90'
C14
545.28'
49'35'26"
630.00'
291.04'
N51'20'47"E
528.42'
C15
54.98'
90'00'00"
35.00'
35.00'
S31'08'30"W
49.50'
C 16
28.60'
46'49'35"
35.00'
15.16'
S37' 16' 18"E
27.82'
C17
143.28'
136'49'35"
60.00'
151.64'
N07'43'42"E
111.58'
C18
284.96'
02'5401"
5629.58'
142.51'
N53'15'32"E
284.93'
C19
114.98'
06'23'45"
1030.00'
57.55'
S39'02'06"W
114.92'
C20
71.26'
04' 12'33"
970.00'
35.65'
S40'07'42"W
71.24'
C21
686.08'
06'58'58"
5629.58'
343.47'
N48' 19'03"E
685.66'
C22
17.91'
51'19'04"
20.00'
9.61'
S67'53'30"W
17.32'
C23
1 16.57'
1 1 1' 19'04"
60.00'
87.82'
N37'53'30"E
99.08'
C24
62.83'
60'00'00"
60.00'
34.64'
N47'46'02"W
60.00'
C25
116.57'
1 11' 19'04"
60.00'
87.82'
S46'34'26"W
99.08'
C26
17.91'
51'19'04"
20.00'
9.61'
N16'34'26"E
17.32'
C27
1948.13'
19'49'39"
5629.58'
983.90'
N34'54'45"E
1938.43'
C28
101.57'
08'38'25"
673.53'
50.88'
N52'06'20"W
101.47'
C29
355.28'
33'55'38"
600.00'
183.02'
N30'49'19"W
350.12'
C30
519.31'
49'35'26"
600.00'
277.18'
N51'20'47"E
503.25'
C31
273.70'
15'40'54"
1000.00'
137.71'
S34'23'31 "W
272.84'
C32
41.47'
02'48'47"
844.69'
20.74'
N59'38'50"E
41.47'
C33
172.34'
13'18'19"
742.15'
85.56'
N19'55'54"W
171.96'
C34
494.43'
30' 15'57"
935.99'
253;13'
NO1'51' 14"E
488.70'
C35
544.10'
33-18-24"
935.99'
279.98' 1
N33'38'24"E
536.47'
No
BEARING
DIST
E1
N 4212'52" E
71.50'
E2
S 47*47*08" E
134.52'
E3
N 4212'52" E
25.00'
E4
N 47'47'08" W
134.52'
E5
I N 47'47'08" W
108.00'
E6
N 4212'52' E
170.75'
E7
S 4747'08" E
27.29'
E8
N 4212'52' E
20.O
E9
N 47'47'08" W
27.29'
E10
N 4212'52" E
314.72'
E11
N 8712'52" E
117.38'
E12
N 4212'52' E
208.91'
E13
N 02'47'08" W
51.23'
E14
S 8712'52" W
20.00'
E15
S 02'47'08" E
42.95'
E16
S 4212'52* W
192.35'
E17
S 8712'52" W
1 37.90'
E18
N 02'47'08' W
126.15'
E191
S 8712'52- W
20.00'
EASEMENT LINE TABLE
No
BEARING
DIST
E20
S 02'47'08" E
126.15'
E21
S 8712'52" W
59.48'
E22
S 4212'52" W
27.40'
E23
N 47'47'08" W
35.25'
E241
S 4212'52' W
20.00'
E25
S 47'47'08" E
35.25'
E26
S 4212'52* W
466.36'
E27
N 47'47'08' W
91.63'
E28
N 17'08'28" W
172.40-
E29
N 13'57'51' W
97.73'
E30
N 08'32'09' E
76.46'
E31
N 02'22'26" E
43.27'
E32
N 44*48'10* W
90.93'
E33
N 11'50'55' W
54.56'
E34
N 75'31'53" E
1 35.71'
E35
S 6230'43' E
71.81'
E36
S 82'00'16" W
117.12'
E37
S 4747'09" E
5.00'
E38
N 4212'52' E
176.74'
P,TH OF
o
Q LIOTT RITCHIE, JR. a
CERTIFICATE NO.
No. 1318
{GSM-6
IDRAWN BY: DMJ
I JOB NO.: 0303002
No
BEARING
DIST
E39
S 47'47'08" E
5.00'
E40
N 4212'52" E
71.95'
E41
S 4747'08' E
5.00'
E42
N 4212'52* E
166.73'
E43
I S 4747'08' E
6.00'
E44
N 4212'52' E
72.37'
E45
N 4747'08" W
21.00'
E46
S 76'08'30" W
170.53'
E47
S 53'41'29" W
207.9s
E48
S 42'55'28" W
132.25'
E491
S 27'58'06" W
220.62'
E50
S 35'52'52' W
154.86'
E51
S 8713'58' W
70.71'
E52
S 8713'58* W
70.71'
E53
S 4213'58' W
34.26'
E54
S 6442'52" W
1 25.45'
E55
S 59'08'46' E
39.38'
E56
S 47'46'02" E
39.00'
E57
S 87'30'43" E
87.00'
No
BEARING
DIST
L1
N47'47'08"W
66.84'
L2
S02'29' 17"W
70.46'
L3
N62'30'43"W
153.14'
L4
S27"29'17"W
193.10'
L5
OMITTED
L6
OMITTED
L7
OMITTED
L8
N47'47'08"W.
74.34'
L9
S13'51'30"E
181.60'
L10
N60'13'34"E
93.85'
L11
N47'47'08"W
141.18'
L12
S26'33'04"W
36.10'
L13
N26'33'04"E
36.10'
L14
N13'51'30"W
70.96'
L1 51
N59'39'33"E
134.52'
L16
N42' 13'58"E
8.88'
L17
N42' 13'58"E
74.59'
L18
N76'08'30"E
10.41'
L19
S76'08'30"W
10.69'
L20
S42' 13'58"W
134.34'
L21
N47'52'59"W
60.00'
L22
S47'52'59"E
187.82'
L23
S41'41'51 "E
218.57'
L24
S42' 13'58"W
134.34'
L25
N47'47'08"W
141.18'
L261
N13*51'30"W
45.65'
L27
S13'51'30"E
205.24'
L28
S76'08'30"W
75.41'
L29
N26'33'04"E
36.10'
L30
N42' 13'58"E
681.93'
L31
N42' 13'58"E
661.40'
L32
S42' 13'58"W
134.34'
L33
N42' 12'52"E
64.96'
L34
S47'50'38"E
50.00'
L35
S42' 12'52"W
59.05'
No
BEARING
DIST
E58
N 4212'52' E
102.57'
E59
N 27'46'50' E
63.03'
E60
N 47'46'02" W
89.98'
E61
N 7212'52" E
40.44'
E62
N 4212'52' E
446.36'
E63
S 57'54'07" E
127.55'
E64
N 4212'52' E
293.97'
E65
N 20'33'09" W
248.74'
E661
S 7212'52" W
11.32'
CURVE TABLE
No
ARC
DELTA
RADIUS
TAN
BEARING
CHORD
ECt
151.05'
7515'18"
115.00'
.65'
S79-51-37"W
140.42'
EC2
87.74'
5016'25
100.00'
46.92'
S67'21'04"W
84.96'
EC3
28.97'
14'26'02
115.00'
14.56'
S34'59'51"W
28.89'
EC4
37.13'
17'36'08
120.85'
18.71'
S33 24'48"W
36.98'
EC5
93.99'
53'S1'O6
100.00'
50.79'
N84'40'39'W
90.57'
EC6
59.66'
48'31'13"
70.46'
31.75'
S17'57'15"W
57.90'
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 12/4/06
DATE: 5 OCTOBER 2006 1 SCALE: NONE SHEET 3 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSUU'ING 540-662-5792
ENGINEERS
LOT g EBERT ROA
60' R.O.W.
SEE SHEET 5
�T_ t! 9"AP
Fc'`,se, yq�o f
M� t^ gsF�vv
•„ s �
> F F 'zo f3'
co
O
'O, oy Fo
9
44-A-6A `
JAMES T. WILSON
ZONED: M2
INST. #: 03005581
USE: INDUSTRIAL
DETAIL 'A'
1 =-50
j
MILTON RAY DRIVE ----, WATER & SANITARY
d � M LOT 4 �: � _• •_::: � I SEWER EASEMENT
SEE SHEET 5 p
WATER EASEMENT
L9 ~U 6.5
------------
i
LOT 2 \
7.0410 AC
o
0
0
Gr,� \ �`
�; .��� ': ;•';.gin
LOT 2
1
E33
f 7�c,U
—SEE DETAIL 'A'�'�y i
---- - TEMPORARY C.&3
L___; CONSTRUCTION EASEMENT CJt
ACCESS EASEMENT
LOT 3 ?�
3.2500 AC
A
CID
1§ O
STORM WATER
MANAGEMENT
� S
J,�-9�,y i
F�Fyy�gp�
EASEMENT
,st
n9n
Vo
s 4 CCESS Wi:::.' ' LOT 1 Gs m 9y �o
EgSEMfNTEc�`:r�'!�' G 0G 20 WATER EASEMENT 2 qc Fo S
0' 200' 400' 600'�
F �
NOTE:
25' Utility Easement along all street property lines
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines
�I,TH OF-
OVA
*L10TTO/Raft-Hif, JR. a
CERTIFICATE NO.
No. 1318
o /S/o6
�•g . SUR
U T U W-1 �9PTNJ
JOB NO.: 0303002
qJ
STORMWATER
MANAGEMENT EASEMENT
12.1096 AC
44-1-D2
O.L. AND RUTH B. PAYNE
ZONED: MH1
INST. #: 02008972
USE: MOBILE HOME PARK
44-1-C
EASY LIVING ASSOCIATES
ZONED: MH1
DB: 468, PG: 634
USE: MOBILE HOME PARK
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 12/4/06
DATE: 5 OCTOBER 2006 1 SCALE: 1 "=200' 1 SHEET 4 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540-662-5792
ENGINEERS
NOTE:
25' Utility Easement along all street property lines
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines
I
GJ
13917'w' 42 cn
125Los
115
4;W
Nl N LOT 4 ?6. ,
-•
LOT 5 Pi i 10.0000 AC
SEE SHEET 6 Z1
1 WATERLINE EASEMENT
_-------�5' BRL ,� 1� o�?o LOT 3
= i E48 Q SEE SHEET 4
WATER & SANITARY E50_I E49 •��--�---�f47___—`��� `..itto
SEWER EASEMENT _ G ` ¢
2 C1� 1__` ����lA� f �i .'✓y'�i�0 ��•
20' WATERLINE EASEMENT 75 BRL
E56 20' WATERLINE EASEMENTE55 `7
20' WATERUNE EASEMENT ' ^ `� EBERT ROAD
E54 r" �.,� 60' R.O.W.
cc I ee �l J
LOT 8 ,,�'I i Un 8 + �..; N LOT 2 F,r N
SEE SHEET 6 ;;' t' f '3 SEE SHEET 4
1 LOT 9 Lh 20' STORM
10.0000 AC
1 1 20' STORM "�. iN F
= 1 of Nt.
DRAINAGE EASEMENT �N' � i� DRAINAGE EASEMENT MI• TEMPgRAR
1 I Ij� 'Q.�� W.
ze
1 (E6 , 61 • E 36540' _ E62 F.' E EMEIJT•
i 1 X
8 13.69' .
2.
EASEMENT i i j W 0' ACCESS EASEMENT CENTERED ON L
_-- 25' g 0 WATERLINE EASEMENT �,, 25,ACCESS EASEMENT LOT 1
_4273'58:W_ 605.49� L______---------- " SEE SHEET 4
44—A-12 N PUMP STATION LOT
ZUCKERMAN ENTERPRISES, INC. �i SEE SHEET 4
ZONED: M2
DU : IN US IAL EXISTING RTE. 837 ,, 44—A-6A
USE: INDUSTRIAL � ) JAMES T. WILSON
EBERT ROAD , ` ZONED: M2
INST. #: 03005581
0' 200' 400' 600' t, USE: INDUSTRIAL
,
li
.AyTH of vr�
° `A
ELLIOTTR�, JR.
CERTIFICATE NO.
No. 1318
DRAWN BY: DMJ
JOB NO.: 0303002
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED: 12/4/06
DATE: 5 OCTOBER 2006 1 SCALE: 1"=200' 1 SHEET 5 OF 9 1
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
:ONSULTING 540-662-5792
ENGINEERS
EX. 100 YEAR FLOOD PLAIN NOTE:
25Utility Easement along all street property lines
20' Utility Easement along all exterior property lines
10' Utility Easement on both sides of interior boundary lines
is —
`25'
ARC —�
l
LOT 6 3) l n 1
LOT 5
SEE SHEET 7 I 10.0 00 AC 1� Li
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LIMITED ACCESS 1 I I Iz w
II N
AREA OF I-81 1 I
LANDSCAPING EASEMENT I
L16 I
WATER & SANITARY
�30' WAIER�diSANITARY. SEWER EASEMENT, , , fi2� _ _ _ _ S 4214'08" W 681.771 _ _ SEW€R EASEMENT
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75' INACTIVE BUFFER=
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� LLIOTT RITCHIE, JR. 9
CERTIFICATE NO.
No. 1318
/v15106
4
l��,D suFtv�'o
DRAWN BY: DMJ
JOB NO.: 0303002
44—A-12
ZUCKERMAN ENTERPRISES, INC.
ZONED: M2
DB: 310, PG: 699
USE: INDUSTRIAL
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 2006 SCALE: 1"=200' SHEET 6 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540— 66 2— 5792
ENGINEERS
1�
0' 200' 400' 600' — —
�I
^I
NOTE:
25' Utility Easement along all street property lines
20' Utility Easement along all exterior property lines I I c
10' Utility Easement on both sides of interior boundary lines > l I I
c�
pit'�
43—A-99 /
RUTHERFORD, LLC \ I
, I
ZONED: M1 0o ry
INST.#: 020011418
USE: AGRICULTURE/INDUSTRIAL
/ VOLUNTARY LIMITS I
/ OF "USE" PER I
LIMITED ACCESS I I
AREA OF 1-81
EX. 100
- - FLOOID
TURE EXTENSION OF MILTON RAY DRIVE II1 T1
0.8320 AC 7 L �.
OPEN SPACE PARCEL "B"
so' STORMWATER MANAGEMENT LOT
— — .2..0354 AC 25' INACTIVE BU ER
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1 125 ACTIVE BUFFER 5 '
IT—��--N4�59 W 66000*-- —�
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MILTON RAY DRIVE
zl
TH �F A44
ELLIOTT RITCHIE,
CERTIFICATE NO.
No. 1318
/O!S/Grl
4
LAND sT�xv�o
70 i
r
/• I
I
LOT 6
20.8699 AC
II
L_-- 25'BRL
LOT 5 SEE SHEET 6-7
FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 20061 SCALE: 1 "=200' SHEET 7 OF 9
PAINTER-LEWIS, P.L.C.
I
t
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I
1
1
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r
W
co
DRAWN BY: DMJ
JOB NO.: 0303002
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540-662-5792
ENGINEERS
i
0' 200' 400' 600' ' TW
� 1
NOTE: cs
o
25' Utility Easement along all street property lines /zq
20' Utility Easement along all exterior property lines
3
10' Utility Easement on both sides of interior boundary lines / 001
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i
43—A-99 /
RUTHERFORD, LLC I
ZONED: M1
INST.#• 02QQ'(1418
USE: AGRICO.TtTRE/INDUSTRIAL VOLUNTARY LIMITS 1
43-A-112B / OF "USE" PER 1
DEHAVEN NURSERY INCH _ - LIMITED ACCESS
_ _ Z�` aRk AREA OF 1-81
DB: 855, PG: 1583
USE: SINGLE FAMILY RESIDENTIAL
44—A-12
ZUCKERMAN ENTERPRISES, INC.
ZONED: M2
DB: 310, PG: 699
USE: INDUSTRIAL
K���1
of
+J ELLIOTT RITCHIE, R.
CERTIFICATE NO.
No. 1318
��ZllNlzl
su?-v��04
DRAWN BY: DMJ
JOB NO.: 0303002
EXTENSION OF MILTON RAY DRIVE
25' INACTIVE BUFFER
— — — N47.5259 -660.00' — —
I('�25'OPEN SPACE PRA"B";Al
'VE BUFFER ORMWATER MANAGEMENT LOT 5
N47'52 59 W 660.00
"= i
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a 1
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I� LOT 7
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LOT 6
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MILTON RAY DRIVE
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— — S4 552�59"E_ 660�
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SEE SHEET 6
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SEE SHEET 6
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FINAL PLAT OF SUBDIVISION
CARROLL INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 5 OCTOBER 200'61 SCALE: 1 "=200' 1 SHEET 8 OF 9
PAINTER-LEWIS, P.L.C.
116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
CONSULTING 540-662-5792
ENGINEERS
6,111
CO
W
tt�
THE COUNTY OF FREDERICK, VIRGINIA PRESENTLY ANTICIPATES THAT THE FUTURE
EXTENSION OF ROUTE 37 WILL CROSS OVER A PORTION OF CARROLL INDUSTRIAL PARK,
INDICATED AS 'PROPOSED FUTURE ROUTE 37 RIGHT OF WAY LINE' AND VOLUNTARY
LIMITS OF 'USE PER LIMITED ACCESS AREA OF ROUTE 37' ON THE MASTER
DEVELOPMENT PLAN OF CARROLL INDUSTRIAL PARK.
ANY IMPROVEMENTS LOCATED WITHIN OR ENCROACHING UPON THE 'LIMITS OF USE' AREA 11.121
SHALL BE REMOVED AT THE REQUEST OF AND AT NO COST TO THE COUNTY OR VDOT.
THE REMOVAL OF ANY IMPROVEMENTS, INCLUDING THE DEMOLI110N OR RELOCATION OF L23
ANY BUILDING, PARKING OR OTHER ACCESSORY USE, SHALL BE AT THE SOLE COST AND 40.76
EXPENSE OF THE OWNER AND VDOT SHALL NOT BE HELD RESPONSIBLE FOR SAID
DEMOLITION, RELOCATION OR ANY MONETARY RESTITUTION AS A RESULT OF LOST i C32
DEVELOPMENT OR INFRASTRUCTURE OR THE LOSS OF PARKING, STORAGE OR OTHER I
PERMITTED USES.
IN THE EVENT THAT THE COUNTY OR VDOT DETERMINES THAT THE ACTUAL LOCATION OF
THE FUTURE EXTENSION OF ROUTE 37 AND/OR THE 'LIMITS OF USE' HAVE A LESSER
IMPACT OR NO IMPACT UPON A PORTION OF CARROLL INDUSTRIAL PARK, THEN THE
COUNTY AGREES TO VACATE AND RELOCATE THE PROPOSED FUTURE ROUTE 37 RIGHT OF �oJ/ •��o
WAY LINE AND THE 'LIMITS OF USE' IN CONFORMITY WITH THE ACTUAL LOCATION OF THE I 1
FUTURE EXTENSION OF ROUTE 37. Jc� �40� _01 y
THE FOREGOING LANGUAGE WOULD ALSO BE INCLUDED ON THE MASTER PLAN WITH THE j� 0 N
APPROPRIATE CHANGE IN LANGUAGE SUBSTITUTING A REFERENCE TO THE MASTER oa
PLAN INSTEAD OF THE FINAL PLATS OF SUBDIVISION.
43-A-99 0 1
RUTHERFORD, LLC 00I
ZONED: M1 ,�/ 01 i
INST.#: 02001 1418 / I
USE: AGRICULTURE/INDUSTRIAL
/-'� I
�--' Future Extension of VOLUNTARY -LIMITS
USE" PER
Milton Ray Drive LIMITED ACCESS
Proposed Future Route 37 AREA OF 1-81 Right of Way Line (See Note -Sheet 2)�N
J
-��� 267.65 L21
---- Z��_1�L_-- - --- L22J I
(o'6 OPEN SPACE �; ,
"Elm 0 56.54 I
PARCEL 72.79' i
m 269.66'
I
LOT 6
rn
v I 44-A-12 LOT 7 442.93' 0 ��
�
ZUCKERMAN�`� I
ENTERPRISES, INC. `
I
ZONED: M2 ,
DB: 310, PG: 699 ;;a 129.41 ;
USE: INDUSTRIAL 1
LOT 5 '
I'o oLOT 8 I i ��
I Ii
A= 153.15'
I �
i I
FINAL PLAT OF SUBDIVISION
�LTH of kr� CARROLL INDUSTRIAL PARK
r STONEWALL MAGISTERIAL DISTRICT
c) ELLIOTf RITCHIE, JR. a FREDERICK COUNTY, VIRGINIA
CERTIFICATE NO.
No. 1318
�0/S-Ipg DATE: 5 OCTOBER 2006 SCALE: 1 "=300' SHEET 9 OF 9
4
sTnRv�,1,o
PAINTER-LEWIS, P.L.C.
DRAWN BY: DMJ 116 SOUTH STEWART STREET
WINCHESTER, VIRGINIA 22601
JOB NO.: 0303002 ENGINEERS 540-662-5792
I EE S
C)
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produce/d to me on A
�001 at
: ') C7 P.
PCO
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ N Ar , and 58.1-801 have been paid, if assessable.
4u4 )0 , Clerk
Department of
January 30, 2007
Ms. Beth Lewin
CCLAN, Inc.
283 Ebert Rd.
Winchester, VA 22603
RE: Carroll Industrial Park — Final Plats
Dear Ms. Lewin:
CK
540/665-5651
FAX: 540/ 665-6395
Please accept this letter in replacement of letter dated July 25, 2006. We apologize for this error
and any inconvenience caused by this error.
This letter is to confirm that the final plats for the Carroll Industrial Park subdivision were
administratively approved. This subdivision allows for the development of nine (9) lots located
in the M1 zoning district. Please return a copy of the recorded plat to this office and feel free to
call me if you have any questions regarding this subdivision.
Sincerely,
ar k. ran
Zoning and Subdivision Administrator
MRC/bad
cc: Painter -Lewis, PLC, 116 S. Stewart St., Winchester, VA 22601
Jane Anderson, Real Estate
Charles S. DeHaven, Jr., Stonewall Magisterial District Supervisor
John Light and Gary Oates, Stonewall Magisterial District Commissioners
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000
WINCHESTER REGIONAL AIRPORT
SERVING THE
TOP OF VIRGINIA /
May 8, 2006
Jill Fries
Painter -Lewis, P.L.C.
116 South Stewart Street
Winchester, Virginia 22601
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
Re: Subdivision Plan Comments
Carroll Industrial Park
Stonewall Magisterial District
Dear Ms. Fries:
The above referenced subdivision plan has been reviewed and it appears that it
should not have an impact on operations at the Winchester Regional Airport
since the site falls outside of the airport's close in Part 77 surfaces.
Thank you for your cooperation and consideration in continuing safe operations
of the Winchester Regional Airport.
Sincerely,
Serena R. Manuel
Executive Director
REQUEST FOR SUBDIVISION COMMENTS
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(540)662-2422
The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver
this review form.
Applicant's name, address and phone number:
PC1mte.i- buo s PLC LP (13 � 5-NO
J
Name of development and/or description of the request:
Cair-roll lnd.USiYraj
Location:
Ruin 23q , C-bcct 2n3cj
Fycd-c,rcd< Court kl �% yq i n io
Winchester Regional Airport* Comments:
Airport Signature and Date: (��Q A Lb G C'N t
(NOTICE TO AIRPORT: * PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review.
Also, please attach a copy of your application form, location map, proffer statement, impact analysis, and all other
pertinent information.
Request for Street Name Comments
Subdivision Comments
Frederick County Department of Geographic Information Services (GIS)
Attn: Marcus Lemasters, GIS Director
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5651
The GIS Department will review the proposed street names for this project to ensure their
acceptability into the Frederick County Street Name System. Proposed street names will
also be routed through the Communication Center Supervisor for review. This step will
prevent duplicate street names from being entered. Please attach one copy of the plan
indicating proposed names.
Applicant's Name:
Pointer Lewis PLC
Address: i I b S- Sfwo r f Sf
Phone number: 5qo _ (-o siiga
Name of development and/or description of the request: CE Gi r ro I i nclu's a l
Location of property: ROUE Ebex� ROf-ll,
Fred C�-cck CoUlI L1, V i rG
St► ee{ Barnes Were rcvieweCt @ t;, of MaP.
GIS Dept. Comments: fly) I� torsi 9--N,-1 _0fziJf >—Dp7 Nips_ F- ��FJ�cuX
�-� F 3Z0 is .�> i f 1h •�` U� 1 V1 1 i3 i�i-� °� �i i E- 61 N u Nb b, r, O A S
*** Please return this form to applicant ***
Control number
SD06-0003
Project Name
Carroll Industrial Park
Address
116 S. Stewart St.
Type Application
Subdivision
Current Zoning
M2
Automatic Sprinkler System
Yes
Other recommendation
Emergency Vehicle Access
Siamese Location
Date received
5/1/2006
City
Winchester
Tax ID Number
43-A-83,84,84A
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Flans approved as submitted.
Date reviewed
5/2/2006
Applicant
Painter -Lewis, PLC
State Zip
VA 22601
Fire District
13
Recommendations
Automatic Fire Alarm System
Yes
Requirements
Hydrant Location
Roadway/Aisleway Width
Date Revised
Applicant Phone
540-662-5792
Rescue District
13
Election District
Stonewall
Residential Sprinkler System
No
Fire Lane Required
No
Special Hazards
No
Plan Approval Recommended Reviewed By Signature - J
Yes J. Neal
Title P , 4.:hIlri
_ ; s
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Inspections Department
Attn: Building Official
107 North Kent Street, Suite 200
Winchester, Virginia 22601
(540) 665-5650
The Frederick County Inspections Department is located at 107 North Kent Street, 2ND Floor of the
County Administration North Building in Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
Pountry Lcw s, PLC bq o -LeLo LG�
l I . Stp-wart- S f-. , I6Zi n che3it, VA aa L n I
Name of development and/or description of the request:
CcL�-rc,il InduslYlal �0-r
Location:
kov+,tt S3`� (Gad
Inspection Department Comments:
V 4
t \
aln-
a�
8—
Code Administrator Signature & Date: o�i /
(NOTICE TO INSPECTIONS DEP . PLEASE ftTURN T JS'FO TO'APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
Carroll Industrial Park - R- .P 637, Frederick County Page 1 of 1
Jill Fries
From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd.ingram@VDOT.Virginia.gov]
Sent: Thursday, November 30, 2006 2:53 PM
To: 'PLC Painter -Lewis (tgpainter@painterlewis.com)'; 'Jill Fries; 'PLC Painter -Lewis
(office@painterlewis.com)'
Cc: Ingram, Lloyd; 'Mark Cheran (mcheran@co.frederick.va.us)'
Subject: Carroll Industrial Park - Route 637, Frederick County
We have received your revised site plan dated November 13, 2006 for the referenced project. It
appears all of our earlier review comments have been satisfactorily addressed. Also please provide
four (4) sets of approved construction plans with signed seal for VDOT distribution.
Please advise the owner of our approval, contingent on the developer understanding that prior to
this road being acceptance into the VDOT's Secondary System, a railroad signal system will need to
be either in place or bonded by the developer.
The appropriate land use permit may now be applied for to cover work within the Route 637 right-
of-way. The permit is issued by this office and will require a minimum processing fee, surety bond
coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of
dedication for drainage easements or additional right-of-way required for implementation of this
proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication
should be made to the Commonwealth of Virginia.
Once satisfactory application has been made, a permit will normally take approximately thirty days to
process and issue. Should you have any questions, do not hesitate to call.
Lloyd. A. Ingram
Transportation Engineer
VDOT N Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
11 /30/2006
FREDERICK COUNTY SANITATION AUTHORITY
SITE PLAN REVIEW COMMENTS
Engineer RZkl /T,L�/Q L.E'WI5 _ .Q L �'
REVIEW STATUS
review number
correct & resubmit approved as noted number of items to be corrected
approved
DRAWINGS hh
send me by 5UEC d6
1. one full set of prints
2. two separate CD's of plan sheets 3A . A3
a) one CD of above noted sheets in PDF format, with one sheet per file, landscape orientation,
and with a name for each file that describes the project name and the sheet number
b) one CD of above noted sheets in DWG format, with one sheet per file, landscape orientation,
and with a name for each file that describes the project name and the sheet number
c) each CD shall be labeled with its format and project name, and placed in a CD sleeve
EASEMENTS
Y /(Q I need a copy of the recorded onsite water and / or sewer easement(s).
Y /® I need a copy of the recorded offsite water and / or sewer easement(s).
I need a copy of the recorded deed(s) of easement before service will be authorized.
OTHER
(9/ N This project also requires DEQ approval.
Y /0N This project also requires VDH approval.
Date: 7 A/O Y 2,t "I
John G. Whitacre - Senior Engineer
OCT06
COUNTY of FREDERICK
Department of Public Works
5401665-5643
FAX: 540/ 678-0682
December 14, 2006
Mr. Timothy G. Painter, P.E.
Painter -Lewis, P.L.C.
116 South Stewart Street
Winchester, Virginia 22601
RE: Subdivision Plan - Carroll Industrial Park
Frederick County, Virginia
Dear Tim:
Upon review of the revised subdivision plan dated December 5, 2006, all of our previous
comments have been addressed. Therefore, we recommend approval of the subject plan.
Sincerely,
Joe C. Wilder
Deputy Director
JCW/rls
cc: Planning and Development
file
CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\carrollindparkrevsubdcom.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS
116 South Stewart Street
Winchester, VA 22601
December 15, 2006
Mr. Kevin Henry
Frederick Co. Dept. of Panning & Development
107 N. Kent Street
Winchester, VA 22601
RE: Carroll Industrial Park
Subdivision Plan
Dear Mr. Henry,
tel.: (540)662-5792
fax: (540)662-5793
email: office@painterlewis.com
Enclosed, please find for your signature ten (10) sets of plans and the approval com-
ments from the required agencies, for the above referenced project.
Please do not hesitate to contact this office if you would have any questions or need ad-
ditional information.
Sincerely, c
Jill Fries
PAINTER-LEWIS, P.L.C.
Enclosure
File: 0303002
DEC 15 20D6
PAINTER-LEWIS, P.L.C.
FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 25, 2006
Ms. Beth Lewin
CCLAN, Inc.
283 Ebert Rd.
Winchester, VA 22603
RE: Carroll Industrial Park - Final Plats, PINS #43-A-83, 43-A-84, 43-A-84A, 43-A-85
Dear Ms. Lewin:
This letter is to confirm that the final plats for the Carroll Industrial Park subdivision were
administratively approved. This subdivision allows for the development of nine (9) single-
family residential lots. Attached are five (5) copies of the approved plats for your records and
distribution. Please return a copy of the recorded plat to this office and feel free to call me if you
have any questions regarding this subdivision.
Sincerely,
Mark R. Cheran
Zoning and Subdivision Administrator
MRC/bad
cc: Painter -Lewis, PLC, 116 S. Stewart St., Winchester, VA 22601
Jane Anderson, Real Estate
James Micco, Allegheny Power, 3463 Valley Pike, Winchester, VA 22602
Commissioner of Revenue
Charles S. DeHaven, Jr., Stonewall Magisterial District Supervisor
John Light and Gary Oates, Stonewall Magisterial District Commissioners
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Carroll Industrial Park - Route 637, Frederick County Page 1 of 1
Mark Cheran
From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd.ingram@VDOT.Virginia.gov]
Sent: Thursday, November 30, 2006 2:53 PM
To: 'PLC Painter -Lewis (tgpainter@painterlewis.com)'; 'Jill Fries'; 'PLC Painter -Lewis
(office@painterlewis.com)'
Cc: Ingram, Lloyd; 'Mark Cheran (mcheran@co.frederick.va.us)'
Subject: Carroll Industrial Park - Route 637, Frederick County
We have received your revised site plan dated November 13, 2006 for the referenced project. It appears
all of our earlier review comments have been satisfactorily addressed. Also please provide four (4)
sets of approved construction plans with signed seal for VDOT distribution.
Please advise the owner of our approval, contingent on the developer understanding that prior to
this road being acceptance into the VDOT's Secondary System, a railroad signal system will need
to be either in place or bonded by the developer.
The appropriate land use permit may now be applied for to cover work within the Route 637 right-of-
way. The permit is issued by this office and will require a minimum processing fee, surety bond
coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of
dedication for drainage easements or additional right-of-way required for implementation of this
proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication
should be made to the Commonwealth of Virginia.
Once satisfactory application has been made, a permit will normally take approximately thirty days to
process and issue. Should you have any questions, do not hesitate to call.
Lloyd A. Ingram
Transportation Engineer
VDOT N Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540)984-5611
(540) 984-5607 (fax)
1/11/2007
I
December 14, 2006
Mr. Timothy G. Painter, P.E.
Painter -Lewis, P.L.C.
116 South Stewart Street
Winchester, Virginia 22601
RE: Subdivision Plan - Carroll Industrial Park
Frederick County, Virginia
Dear Tim:
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
Upon review of the revised subdivision plan dated December 5, 2006, all of our previous
comments have been addressed. Therefore, we recommend approval of the subject plan.
Sincerely,
? _ jA
Joe C. Wilder
Deputy Director
JC W/rls
cc: Planning p and Development
file
C:\Program Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\carrollindparkrevsubdcom.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
October 12, 2006
Painter -Lewis, PLC
Attn: Tim Painter
116 S. Stewart St.
Winchester, VA 22601
RE: Carroll Industrial Park 2°dReview; Zoning District: M2 (General Industrial)
Property Identification Numbers (PINS): 43-A-83, 84A, 85
Dear Mr. Painter:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Carroll
Industrial Park (nine lots), which was received by this office on September 29, 2006.
Please address the following comments:
l . Signatures. A property owner signature line is required on the cover sheet of the
plan.
2. Building Restriction Line. On sheet 3, BRL's must be identified on Lot 43.
Please address the above comments and resubmit. I have attached a marked copy of the
plans to assist with the revisions. If you have any questions, please feel free to call 540-
665-5651.
Sincerely,
Kevin T. Henry
Planning Technician
cc: CCLAN, Inc. 283 Ebert Rd., Winchester, VA 22603
Attachment
KTH/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS
116 South Stewart Street 9 F F 2 9
Winchester, VA 22601
September 28, 2006
Mr. Kevin Henry
Frederick Co. Dept. of Panning & Development
107 N. Kent Street
Winchester, VA 22601
RE: Carroll Industrial Park
Subdivision Plan
Dear Mr. Henry,
tel.:
(540)662-5792
fax:
(540)662-5793
email:
office@painterlewis.com
Enclosed, please find for your review, one (1) set of plans for the above referenced pro-
ject. Revisions have been made per your letter dated June 28, 2006.
Please do not hesitate to contact this office if you would have any questions or need ad-
ditional information.
Sincerely,
Jill Fries
PAINTER-LEWIS, P.L.C.
Enclosure
cc: Mr. John Whitacre — 2 copies
Frederick Co. Sanitation Authority
Mr. Lloyd Ingram — 2 copies
Virginia Dept. of Transportation
Mr. Joe C Wilder — 1 copy
Frederick Co. Engineering
Mr. Mike Carroll — 7 copies
Owner
June 12, 2006
Mr. Timothy G. Painter, P.E.
Painter -Lewis, P.L.C.
116 South Stewart Street
Winchester, Virginia 22601
RE: Subdivision Plan - Carroll Industrial Park
Frederick County, Virginia
Dear Tim:
COUNTY of FREDERICK
Department of Public Works
Upon review of the subject subdivision, we offer the following comments:
540/665-5643
FAX: 540/ 678 -0682
J U N 1 4 2006
Your general notes on Page 1 of 22 reference a Phase I Environmental Site Assessment
and a Preliminary Wetland and Sinkhole Assessment prepared by ECS, Ltd. Please
forward a copy of each report for our review and files.
2. You have proposed drainage channels with a slope less than two (2) percent. We have
encountered numerous complaints about standing water in areas where the slope of the
channel is less than two (2) percent. Because the site soils have good infiltration, it may
not be an issue. However, document on the plan that the owners are aware of the
potential for standing water and they will address any complaints regarding this issue in
the future as well as assume responsibility for these issues in the future. An option would
be the installation of a french drain or a concrete trickle ditch to convey the water
downstream.
3. Provide the Frederick County street sign detail and specifications on the plans. You may
obtain the proper street name sign details and specifications on the following web site and
select sign specifications:
http://www.co.frederick.va.us, select sign specifications
Inform the developer that any street name signs installed in the subject subdivision shall
meet the county's specifications in order for the county to assume their maintenance.
4. Indicate on the plan where the stormwater would flow if the existing quarry would fill up
107 North Kent Street • Winchester, Virginia 22601-5000
r
Carroll Industrial Park Subdivision Plan Comments
Page 2
June 12, 2006
and have to drain overland. Provide the 100-year storm elevation around the quarry for a
reference.
5. Because this is Karst area, proposed stormwater pond #1 should have a liner system on
the bottom to ensure that concentrated flow entering the pond will not cause a potential
piping channel within the pond. Provide details of the proposed liner system.
Once these comments have been addressed, submit one (1) set of the revised plans for
further review.
Sincerely,
1�
Joe C. Wilder
Deputy Director
JC W/rls
cc: Planning and Development
file
C:\Program Files\WordPerfect Office I I\Rhonda\TEMPCOMMENTS\carrollindparksubdcom.wpd
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
June 28, 2006
Painter -Lewis, PLC
Attn: Tim Painter
116 S. Stewart St.
Winchester, VA 22601
RE: Carroll Industrial Park Review; Zoning District: M2 (General Industrial)
Property Identification Numbers (PINS): 43-A-83, 84A, 85
Dear Mr. Painter:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Carroll
Industrial Park 9 (nine lots), which was received by this office on May 4, 2006. Please
address the following comments:
1. Signatures. A property owner signature line is required on the cover sheet of the
plan.
2. Building Restriction Line. On sheet 3, BRL's must be identified on Lot #3.
3. Roads. Ebert Road needs to indicate a speed limit.
4. Landscaping. Please make note on sheet 7 under buffers and screens that the
majority of Zoning District Buffer #1 will be evergreen.
5. Signs. A stop sign needs to be placed at the intersection of Milton Ray Drive and
Ebert Road. Signs on both sides of the railroad intersection must be placed on
Ebert Road.
Please address the above comments and resubmit. I have attached a marked copy of the
plans to assist with the revisions. If you have any questions, please feel free to call 540-
665-5651.
Sincerely,
Kevin T. Henry
Planning Technician
cc: CCLAN, Inc. 283 Ebert Rd., Winchester, VA 22603
Attachment
KTH/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY, VIRGINIA
M AY 2 2006
Date: ' Des '' Application # 6 7 ' d % MDP? Yes No
If no, has MDP requirement been waived by the Planning Director? Yes No
If MDP requirement has not been waived, fill in the following public hearing dates:
Planning Commission: Board of Supervisors:
Applicant/Agent: F rater Lt (S PLC
Address: 1 ( b S Sitwa rf S+ -
W1ll�CheSte�r. UP
Phone Number: 5 40- toba S 1 `1
Owner's Name: C C, LAW, N, inc.
Address: °10 3 C bcr t Cad
W 1 r) ChCSb , VA .a 2 L03
Please list names of all owners, principals, and/or majority stockholders:
CLA
Contact Person: N\5 , Bci41 Ltd ( r
Phone Number: 5qQ - (J( (Vq - 1 S - ! iD
NAME OF SUBDIVISION: Ca r r0 O f l 0d U-S /T/'0 / Pd r K
Number of Lots: I Total Acreage: I Qd
Property Location: �oufe S 3 q C b e r+ R 0 ad
(Give State Route # and name, (d�iss�tance and direction] m frointersection)
Magisterial District: Sfoneyict � I ► `� �q� [,SicricjI '� (�IS, +(-( 6
Property Identification Number (P.LN.): y3 - /9 - 3 �13 - /-1 -9 V Ll 5 _ 4 `� �, q 3 _A - 2S
(Parent Tract)
Property zoning and present use: M� — V a c a n t
Adjoining property zoning and use: 1--'A , M -1?-0 M H I , M\
Singic -odnll� rr.sidential Ihidustrla►, oQr((U1h)rOV10deMt'Md
Has a Master Development Plan been submitted for this project? x Yes No
If yes, has the final MDP been approved by the Board of Supervisors?_Yes Nc
What was the Master Development Plan title? Cu rV o n i nd ust 'a k fa
Does the plat contain any changes from the approved MDP? Yes \ No
If yes, specify what changes: W A
Minimum Lot Size (smallest lot):
3i ZS a(-.
Number and types of housing units in this development:
m1A - Indu-Ma( Fr rK
I have read the material included in this package and understand what is required by
the Frederick County Planning Department. I also understand that all required material
will be complete prior to the submission of
my site plan.
Signature:
Date: '�D I - 0
is
Special Limited Power of Attorney
' County of Frederick, Virginia
Planning Office, County of Frederick, Virginia,107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name) 4� 412` 40X% . L-L--C-- (Phone)
(Address)
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's
Office of the Circuit Court of the County of Frederick, Virginia, by
a,beacy
ea
Inrr�o.rPage`� , and is described as
Parcel: Lot: Block: IQ Section: ` Subdivision:
do hereby make, constitute and appoint:
(Name) FGilhtcl- tr,C'Wl5� LbC (Phone) 546- 6�3 -S79Q
(Address) 11 b S. 5-tifwort S*, Win dhpsfer, VA aatcx')f
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority
I (we) would have if acting personally to file planning applications for my (our) above described Property, including:
G Rezoning (Including proffers)
G Conditional Use Permits
G Master Development Plan (Preliminary and Final)
Subdivision
G Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereo , I (we) have hereto set my (our) hand and seal this cK. day of (200( ,
Signature(s)
State of Virginia, City/Cs� of W j nch — 5 � , To -wit:
I,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has
acknowledged the same before me in the Jurisdiction aforesaid this 2 day of f , 2006 .
My Commission Expires:
NoWy Public
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS tel.: (540)662-5792�
116 South Stewart Street fax: (540)662-5793
Winchester, VA 22601 email: office@painterlewis.com
May 1, 2006
Ms. Candace Perkins
Frederick Co. Dept. of Panning & Development
107 N. Kent Street
Winchester, VA 22601
RE: Carroll Industrial Park
Subdivision Plan
Dear Ms. Perkins,
Enclosed, please find for your review, a Subdivision Application, the application review fee, a
Limited Power of Attorney and (2) sets of plans for the above listed project.
Please do not hesitate to contact this office if you would have any questions or need additional
information.
Sincerely,
Jill Fries
PAINTER-LEWIS, P.L.C.
Enclosure
cc: Mr. Marcus Lemasters — I copy
Frederick Co. GIS
Mr. John Trenary — I copy
Frederick Co. Inspections
Mr. D. Linaburg — 2 copies
Frederick Co. Fire Marshal
Mr. H. Strawsndyer — 2 copies
Frederick Co. Engineering
Mr. John Whitacre — 1 copy
Frederick Co. Sanitation Authority
Ms. Serena Manuel -- 1 copy
Winchester Regional Airport
Mr. Lloyd Ingram — 2 copies
Virginia Dept. of Transportation
Ms. Beth Lewin
CCLAN, Inc.
PAIPJTER-LEWIS, P.L.C.
M AY 2 2006
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE RZTIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTSAS TO WHAT YOU WOULD LIKE TO RAVE COMPLETED.
INITIALS DATE & T M E
ce
Bernie
Mark
Susan
Eric
Mike
Kevin
John
COMMENTS:
Received by Clerical Staff (Date & Time):
Please note: The Subdivision/MDP plans associated
with this file are located in the file room.
SU$D. #07-06 CARROLL TNOUSTR I L
Stonewall 9 LOTS 103.36 ACRES