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HomeMy WebLinkAboutCarlisle Heights, Section 1 Shawnee District - Backfile�) ta'y) +"Grp.A . Y t���rQ h0.T'l.'"tx✓ COMMONWEALTH of VIRGINIA RAY D. PETHTEL COMMISSIONER Mr. Charles Longerbeam P. O. Box 528 Berryville, VA 22611 Dear Mr. Longerbeam: �5D DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 WILLIAM H. BUSHMAN May 17, 1993 RESIDENT ENGINEER TELE (703)984-4133 ' FAX (703)984-9761 Ref: Carlisle Heights Subdivision Sections I & II Route 656 Frederick County On Thursday, May 13, 1993 we conducted a one year follow-up inspection on the referenced development. Overall the rights -of -way have held up pretty well. — - However, the following list of deficiencies can be attributed to defective workmanship and/or performance of materials and will need to be corrected prior to your guarantee bond expiration date of July 1, 1993. WOODROW ROAD (Route 1380) • Pavement settlement at Lots No. 8 & 9 needs to be repaired. • Water valve at the intersection with Emily Lane has settled and needs to be raised. LLOYD'S ROAD (Route 1383) • A section of paved ditch at the invert end of the 18" C.M.P. culvert at Lot No. 90 has undermined. The ditch will need to be properly backfilled and erosion stone added to prevent further undermining. EVERETT PLACE (Route 1384) • Pavement settlement at Lots 80, 83, 84 and 86 needs to be repaired. The pavement around the three water valves at the intersection with Likens Way has settled. This area needs to be patched with plant mix asphalt. LIKENS WAY (Route 1386) • Pavement settlement at Lots 35, 43, 62 and 63 needs to be repaired. • The side ditches at the east end of the street adjacent to Lots 48 and 52 have washed out. This section of street is constructed on a 10% grade. Therefore, to prevent further. erosion the ditches will need to be regraded and either sodded or standard EC-3 soil stabilization mat installed with seed and mulch. • The erosion around the guardrail posts on the west end of the street adjacent to Lot No. 29 needs to be repaired. For your reference all pavement settlement and failed areas have been marked with white spray paint. Your cooperation in having the above items corrected by July 1, 1993 will be greatly appreciated. Should you have any questions concerning the above, please contact Mr. S. A. Melnikoff at our Winchester Area Headquarters at (703) 722-3460 Sincerely, rru William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. S. A. Melnikoff, Mr. R. D. Hawkins, Mr. R. W. Watkins, Mr. H. E. Strawsnyder TRANSPORTATION FORTH E 21 ST CENTURY y �1�]9i5ili4Bl'0 ••..�r� � a �-r + Y�'�II-'t � � � III 0 i�li. -11411 COUNTY of FREDERICK artment of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/ 665-6395 TO: John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, AICP, Planning Director RE: Frederick County Sanitation Authority Land Within the Carlisle Heights subdivision DATE: September 10, 2004 Per your request, staff has researched various documents regarding the Frederick County Sanitation Authority's (FCSA) property located within the Carlisle Heights subdivision. This property is approximately 3.9 acres, and is accessed via a 20 foot right-of-way to Woodrow Lane. The property is presently zoned RA (Rural Areas). The property's RA zoning would not permit townhouses nor traditional 1/4 acre lot single family residences, uses which currently adjoin the site. A recreation area owned by the Carlisle Heights Property Owners Association (CH-POA) also adjoins the FCSA site. The site has historically been utilized by the FCSA as a landfill, and in more recent years, as a storage and maintenance yard for vehicles and materials. With the recent additions to accommodate the storage and maintenance at the FCSA's main office on Tasker Road, the FCSA identified this Carlisle Height's site as surplus. In preparation for the surplus property sale, the FCSA has removed various structures from the property. I spoke briefly with Jim Doran to learn of any possible use of the FCSA site as a county park; a park would be a permitted use on the RA zoned property. Jim advised me that a County facility to serve the residents within Carlisle Heights was a possibility, although the County had not conducted any surveys to determine if adequate demands existed. He did note that the CH-POA had conducted their own survey, which concluded that there was interest in a local park on the site. The size of the FCSA site could accommodate a soccer and little league field; additional top soil would need to be brought to the site to create the fields. If the County is interested in utilizing the site as a community park, four issues should be considered: (1) Is there adequate demand for such a park at this location; (2) Costs to acquire the site from the FCSA; (3) Costs to improve the site, including access and athletic field preparations; and (4) costs to maintain the athletic fields. Please advise if additional information is necessary. Thank you. 107 North Kent Street • Winchester, Virginia 22601-5000 MEMORANDUM TO: Eric Lawrence, Planning Director FROM: Candice Mills, Planner I RE: FCSA Land in Carlisle Heights Subdivision DATE: October 1, 2003 The Frederick County Sanitation Authority owns two parcels of land (PIN# 55-A-182A, 182B) which are located within the Carlisle Heights/Estates Section I subdivision off of Greenwood Road. In 1987 the owners of the tract of land around the Sanitation Authority's parcels applied to rezone their property to the RP (Residential Performance) District. Rezoning request #026-87 was approved on September 9, 1987 by the Board of Supervisors to rezone 153.711 acres to RP. The Sanitation Authority's parcels were not rezoned with this action and remain zoned RA (Rural Areas) District. Their parcels are accessed from a 20' right-of-way to Woodrow Road. County records show these two parcels as being 2.87 acres (182B) and 1.07 acre (182A). Due to the fact that the parcels are zoned RA only one single family dwelling could be built on each parcel. In order to do any other type of housing development the parcels would have to be rezoned to RP, however, the 20' access strip to the parcels would be a problem. The FCSA would need to acquire an additional 30' from the Carlisle Heights Homeowners Association to gain a 50' access easement. Attachments BUB i dhd 6019 JUL 2 6 1988 10 W0Z 3 8KG09PGS58 THIS DEED OF EASEMENT made and dated this 26th day of July, 1988, by and between CHARLES C. LONGERBEAM and ELAINE B. LONGERBEAM, his wife, parties of the first parr., hereinafter called the Grantors, and FREDERICK COUNTY SAKI^.ATION AUTHORITY, a Virginia Corporation, organized and existing under the provisions of the Virginia Water and Sewer Authorities Act (SI5.1-1219, et seq., Code of Virginia, 1950, as amended), party of the second part, hereinafter called the Grantee, and THOMAS M. DICKINSON, JR., Sc)le Acting Trustee, party of the third part, and DOROTHY L. CARLISLE, party of the fourth part. WHEREAS, the Grantors are the owners of a certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, being the same land conveyed to the Grantors by deed dated September 21, 1987, from Dorothy L. Carlisle, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 659 at Page 387; and, WHEREAS, the said property is subject to a purchase money deed of trust, dated September 21, 1987, of record in the aforesaid Clerk's Office in Deed Book 659 at Page 390, from the Grantors to Thomas M. Dickinson, Jr., et al, Trustees, to secure the party of the fourth part herein the sum of $150,000.00, as recited therein; and, WHEREAS, the Grantee has requested an easement for a permanent access, sewer and utility easement, and a 20 ft. permanent water line easement, all as shown on the plats of (survey drawn by H. Bruce Edens, C.L.S., dated April 11, 1988, BKG09PGSS9 attached hereto and by this reference made a part he-eof as if set out in full, together with temporary construction ease- ments 10 ft. in width adjacent thereto on each side. NOW, THEREFORE, WZTNESS£TH: That for and in consid- eration of the mutual benefits to be derived therefrom, the Grantors do hereby grant and convey unto the Grantee, with general warranty of title, a permanent access, sewer and utility easement, and a 20 ft. wide permanent water line easement, as shown on the plats of survey, drawn by H. Bruce Edens, C.L.S., dated April 11, 1988, attached hereto and by this reference made a part hereof as if set out in full, together with temporary construction easements 10 ft. in width adjacent thereto on each side, said easements being over and upon the lands of the Grantors acquired by deed dated September 21, 1987, from Dorothy L. Carlisle, widow, of record in the aforesaid Clerk's Office in Deed Book 659 at Page 387. The permanent access, sewer and utility easement, the 20 ft. wide permanent water line easement, all as shown on the plats of survey drawn by H. Bruce Edens, C.L.S., dated April 11, 1988, herein conveyed, grant to the Grantee the perpetual right to install, lay and maintain a sanitary sewer main and water main., including the right to go on, over and upon said permanent easement(s) for the purpose of installing, laying, maintaining, repairing and replacing the same as needed, and including any installation of electric lines as are needed for meters and instruments used in connection with said sewer and/or water mains, and the said temporary construction easements grant to the Grantee the right to enter upon them to 2 v 6n7 y 00 O o►oa. • .� sc�K 452 607 O�. Q rr- q N......... . w •m � cn ON O.w 0 pp 00 P • - �, .462;.pr 8 . i♦ 1 00 lb Ab Ok Nk- i u�► ,�Qy� � i �iin j rwrffa►aime CWJW off. ,Q ,� 9, . Tft of mime on fowl! tow as der of t •.� '�.' , M ad offs OWWAaf. of some bd mm iwb wand ii ad d 't .faawfd. :r �6 "J . •�� l�r\�r, \ F/ Fes' \ 00 f a f S3' z4• 7-07A4 AA /.0 �\ AREA /C/ LOYS: �(A 9 9B 4CeE5 3 0 ACCC-5 30 A10 Etilf\ � \� 4z6- /A1 SY2EEY e�i✓ oAS���,��\� ���2"�' / 0 945 4CZES / AeEA= C� �o. SZ AC eES I : o0. r4 �lh ���'+ \\.•�-'�1�`• \� \mil �� �g� e�°3 •3/ \ S ..., l 00 00 A, �° p� CD AT 10 �Jjf 40 Nfi� v� \ _�\\\� �- - � �\\ten -// � � iv\ • .. 10 ° / W 3p —� - ❑ :1 V O/\ Jpz°0 ma's M s / `Ap -5 \ EA9EMENY f //L'AC SUBO/G'/S/OV CO/ti-Ml%O /U A e 6-A ((ojH:B ,LTH ��"yr CA R L /.S e- E /-/E/ G N 7r5 �44- z: SEC 7-10AI r ..� -5 lf, AICC D/.S7 Z CT F2EDE/E'/C� � a���ry vi�G/(/i,a UCE EDENS ^� SCALE: / = ZOO' DATE: -44/VUA,eY /�, /9B9o. 162f3 GREENWAY ENGINEERING AND SURVEYING CO.. INC. s ,�o¢ 0 /04 �AKE� GAVE URVE WINCHESTER. VIP,; ;NIA 22601 rELEPHONE cc,-41% SHEET Z of /O i COMM, ONWEALTH of VII QJNIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 May 14, 1992 Nfm Elaine Longerbeam Ref: Carlisle Heights Subdivision P. O. Box 528 Route 656 Berryville, VA 22611 Frederick County Dear Mrs. Longerbeam: I enjoyed meeting with you and your son on May 12, 1992 to discuss addition requirements for the streets in Sections I & H of the referenced development. After our meeting I drove through the streets within Section III and found several lots on Helen Circle are starting to develop. With the elevations of the homes being constructed on Lots 165, 170, 171 and 172, the potential exists for problems to result when private entrances are installed. In order to avoid these problems please make sure these lot developers are furnished with a copy of our enclosed standard PE-1 specification. As always, should you or the individual lot developers have any questions please let its know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. RBC/rf Enclosures xc: Mr. D. W. Hawkins Mr. R. W. Watkins FRD COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 March 27, 1989 Greenway Engineering & Surveying 1104 Baker Lane Winchester, VA 22601 Dear Austin: This letter is to confirm the Frederick County Planning Commission's action at their meeting of March 1, 1989: Approval of Final Subdivision Plat of Carlisle Heights, Section I, for 96 townhouses, 24.76 acres zoned RP, and located at the intersection of Route 659 and 656 in the Shawnee Magisterial District. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VS ORD"'" o COUNTY of FREDERICK c Department of Planning and Development 703/665-5650 _.� FAX 703 / 667-0370 M E M 0 R A N D TO: SENT j RETURNED Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Frederick County Sanitation Authority , ATTN: Mr. Wellington Jones FROM: Robert W. Watkins DATE: May 31, 1989 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Preliminary Master Development Plan X Subdivision Please review and sign the attached plat/plans, if approved for: .S/31 Carlisle Heights, Section 1 Please return this form and the plats/plans as soon as possible. Thank you. THIS SPACE SHOULD BE USED FOR ANY COMMENTS: ONL Y ONE S'01' aler 81- 47'r R,FC6/VA40. M 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5650 FAX 703/667-0370 M E M O R A N D U M TO: SENT I RETURNED Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Frederick County Sanitation Authority , ATTN: Mr. Wellington Jones FROM: Robert W. Watkins DATE: May 31, 1989 SUBJECT: REVIEW AND SIGN PLAT/PLANS: Preliminary Master Development Plan % Subdivision '3118d �-/ r0 Please review and sign the attached plat/plans, if approved for: Carlisle Heights, Section 1 Please return this form and the plats/plans as soon as possible. Thank you. THIS SPACE SHOULD BE USED FOR ANY COMMENTS: 0 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 . COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company , ATTN: Mr. Walt Cunningham Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: January 30, 1989 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Carlisle Heights, Sec. 1 or their representative, H. Bruce Edens, Greenway Eng. & Surveying 662-4186 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company , ATTN: Mr. Walt Cunningham Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: January 30, 1989 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Carlisle Heights, Sec. 1 or their representative, H. Bruce Edens, Greenway Eng. & Surveying 662-4186 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signaturery �— , 1_. ,{ Date A' 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 IV1110-Fl, COUNTY of FREDERICK I Departments of Planning and Building M E M O R A N D U M TO: 703/665-5650 Inspectiond'Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company , ATTN: Mr. Walt Cunningham Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: January 30, 1989 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Preliminary Master Development Plan We are reviewing the enclosed request by Carlisle Heights, Sec. 1 or their representative, H. Bruce Edens, Greenway Eng. & Surveying 662-4186 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: F,CE /,COTES%�tci Signatur �1 Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 RECEIVED C Dep enfAf K and ❑ RE C3 JAC r MAF 0 REQUEST FOR FINAL SUBDIVISION p�� RE N_ T_ Ci "Sc 0 � Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Box 278, Edinburg, Virginia '22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineerina and Surveying 1104 Baker Lane i ATT: Austin Spitler (703-662-4185) Name of develop:uent and/or description of the request: Location: Intersection Route 659 and Route 656 Frederick County, Virginia Transportation Deft Comments: Please see letter dated February 13, 1989 to Mr. Austin Spiter of Greenw�a Engineering and Surveying Co., Inc. (letter attached) VDOT Signature and Date: �C NOTICE TO APPLICANT Please attach THI2ER copies of your plans and/or application form in order to assist this agency with their review. Thank you. 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 I �J�hlt 3 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER February 13, 1989 Mr. Austin Spitler Ref.- Carlisle Heights C/O Greenway Engineering & Surveying Co., Inc. Sections I, II, III, IV 1104 Baker Lane Route 656 Winchester, VA 22601 Frederick County Dear Austin: Enclosed please find signed plats of Sections II, III, and IV to the above referenced subdivision. As we discussed by telephone on February 10, 1989. the Virginia Department of Transportation can not sign off on Section I plats until our review of the plans is completed. To follow up on my letter to your office on February 2, 1989 I offer the following comments: 1. Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specification applicable during construction of this development. 2. If mailboxes are to be placed along the roadway fronting lots, a minimum four W ) feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. 3- Our review and comments are general in nature; should conditions in the field exists such that additional measures are warranted such measures shall be completed to the satisfaction of the Department prior to inclusion in the Secondary System. 4. Attached is a copy of the minimum requirements and data for subdivision streets and private entrances prior to acceptance into the Secondary System. This is the developer's responsibility. 5. All drainage is to be carried within the right-of-way in ditch lines along streets to a pipe or drainage easement. 6. A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. 7. A land use permit shall be obtained before any work is performed on the Department's right-of-way. Please advise the developer accordingly. Should you have any questions, please advise. Sin ere' 6&uz &9. YAca-. ,7 Robert B. �:hil ess Hwy. Permits & Subdivision Specialist Senior For: J. B. Kessler, Ass't. Res. Eng. TRANSPORTATION FOR THE 21ST CENTURY RBC/sl attach. COUNTY of FREDERIC Departments of Planning and Buildi REQUEST FOR FINAL SUBDIVISION PLAT - COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineering and Surveying Co-0 Tnc_ 1104 Baker Lane Winchester, Va. 22'601 ATT: Austin Spitler (703-.662-4185) Name of development and/or description of,the.request: arlisle Comments on Location: i2hts Section 703/665 Intersection Route 659 and Route 656 Frederick County, Virginia Sanitation Authority Com®ents: 24 k, e,¢TJ' D K Sanit. Signature & Date: TO APPLICANT Please attach TWO copies of your plans and/or application form in order to assist this agency with their review. Thank you. ©wty ,pN,E S�'T vF o�q,Qwivd's fiEc,EivEoG��� 9 Court Square I - . P.O. Box 601 Winchester, Virginia - 22601 CK REQUEST FOR FINAL SUBDIVISION PLAT- 7 Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Sanitation Authority Comments: W11-1- &07' eAzeA'c ell,1,411,g5T/7-5 COi0,157Ry Sanit. Signature & Date: NOTICE TO APPLICANT Please attach TWO c!bpies of your plans and/or application form in order to assist this agency with their review. Thank you. 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 Greenway. Engineer & Surveying Co.,; 4 ��oa Baker lano .wr�tsr, vr�wo . �01 �► 7+�64�+Ii�S H. Blues Event • C.L.S.. Pro;lmW t.Frft N�mirrn�_ 9 Gov2T Sc—, ,4';77-r .*VE ARC :SeV,01416 YOU ;rlVe ATTgCh/EO P.F,lV.K„S Co /iES OA >i A/O. rl-leSE ACE 7,,e,4A1fA1/TTEO AS ocea.1f o'FO,C A.ppeax,4G Q Area "14A O COP/ES Aopoe 4dowleO V4 13 AO,C YOvf USE 0 SGrBMiTTEU CO, 14—f FJ,e Off,SreiaUTlC�N 17 AS ,eE4q41£S7E0 0 ,CE>el,441CO CO,eeirrdw P,elovrs O f O,C ,eEf'/ew j comme ll, O Xe,"Alele.S 10 FINAL PLAT CARLISLE HEIGHTS SECTION I Sfiy,.EE DISTRICT ...................... FREDERICK COUNTY, VIRGINIA ra A gl -zLr- W -- APPROVED BY: Frederick County Sanitation Auth DA"TE Planning Commission DATE Subdivision Administrator DATE Va. Dept. of Transportation �, ` „` DATL:�74�g� MNER'S CERTIFICATE The above and foregoing subdivision of the land of Charles C. Lon(,erbeam and Elaine B. Longerbeam, as appears in the accompanying plats is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. DA I DATE All property owners in Carlisle }lei ghts are requi red to belong to the Carlisle Heights Home Owners Association. The association is the owner of all areas shown as common areas and the parking areas on the attached plats and is responsihle for the maintenance of those areas. All other rules of the association are set forth in the restrictions and covenants attached hereto. A cope of the Final Master Development Plan for Carlisle flei.ghts is on file at the Fred- erick County Department of Planning and De\elopment. SURVEYOR'S CERTIFICATE I hereby_ cert-ifv that the land contained in this suhdivision is a portion of the land conveyed to Charles C. Longerbeam and Elaine B. Longerbeam, by Deed dated 21 September 11)e7, and recorded among the land records of Frederick County, Virginia in Deed Book 659 at Page 387. If. Bruce Edens, C.L.S. _14A/U4,QY rUC Ar58 GREENWAY ENGINEERING AND SURVEYING CO., INC. ' —— — //04 BAKEK GAcIE WINCHESTER, VIRGINIA 22601 TE..EPHONE 662-4166 SHEET / of 167 Ap �20UTE Co59 TOrgL .4,e, /U /� v�99• \Z c _ N _SECT/OAlr O' 0-521.763 ACRES �(A 9.9B AC e6.S -fiI AeEA /V P,49-11</G: 2 3 Z AC,C Es Aj�tJ -1,2EA'/A/ST,eEET.C�w Acze-5 \ h EAR �\ \\\ kq/C� /Co, 5Z ACe65 — k..:' �. -i S 1eo % -s5�� ,00 Ya \ chi � \\.�'��'`• �\o � E' \ 8�3 I 00 all 0 1 A� 10 'CIL o /� •, �A� - Sq2 EASEME,t/Y F//L/AL SUBD/P'/S/O, 1 1,12L,/7- C OMNIO At/ A R C,4 CARL /SCE 1-1E/014rs SEC T'/OTC/ I .5,",ev 16-C D/5 7 /e ; C 7' C0C/1/7"l ; SCALE: / = ZOO' DATE _ ✓4A161,4,2Y / 9 , /9B9 GREENWAY ENGINEERING AND SURVEYING CO., INC. '/o¢ BAKEC GA,t/E WINCHESTER, VIRGINIA 22601 ��ALTH 0� `roc. v H. BRUCE EDENS ,o No. 162 a t iE! EPHONE W-4186 SHEET Z of / 0 ,lit �'� •. .. -. - -. - .. 'tr c'r 'CURVE DATA EMILY LANE CURVE# DELTA RADIUS ARC TANGENT CHORD 1 87058'04" .25.00' 38.38' 24.13' N81052'19"E-34.72' � a 2 37°5651 279.08' 184.84' ° " 95.95 N18 54 52 E-181:48' 3 70°31'41" 25.00' 30.77' 17.68' N35019'24"W-28.87' 4 250031'41" 50.00' 218.63' 70.71' N54040'36"E-81.65' 5 37056'51" 329.08' 217.95' 113.14' S18054'52"W-213.99' 6 90000,00" 25.00'• 39.2725.00' S07006'43"E-35:36' 7 37056'51" 304.08' 201.40' 104.55' N18°54'52"E'197.74' COMMON AREA 10 51'47" 680.'00' 128.93' 64.66' N57°32137"W-128.73' .2 78°15'.55" 50.00' 68.30' 40.68' N23050'33"W-63.11' > 3 `30039'16" 201.70' 107.91' 55.28' N00°02'14"W-106.63' A 62057'55" 77.98' 85.70' 47.75' N16°04'19"E-81.45' ` 5 17°17'16" '348.92' 105,28' 53.04' N38054'27"E-104.88' 6 11P44'03" 466.59' 95.56' 47.95' N36007'52"E-95.39' 7. 45°56'48" 208.71' 167.37' 88.48' N19°01'29"E-162.92' 8 36047'18" 230.50' 148.00' 76.65' N22020'35"W-145.47' 9 ,08°03'30" 1013.74' 142.58' 71.41' S52°55'01"E-142.46' 10 10043'27" 2532.49' 474.01' 237.70' S62018'31"E-473.32' u' AREA SUMMARY ::Total Area Section I ................. 24.763 Acres Area In Lots... ....................... 4.98 Acres Area In Parking...... .............. 2.32 Acres Area In Street R/W...................0.945 Acres Area In Common Area................. .16.52 Acres Number of Lots ..........................96 �t Average Lot Size ................. 2,257.50 Sq. Ft. ° CCIZV6- DATA AI R C 45 G C AIC1 G�7"-S Wt ���L'TX C r. 51-114 X10E oisrelC r - , -,eeoeeice rleall114 v X BRUCE EDENS . DATE _-44AIUAeY /9, /989 , - ;0213, GREENWAY ENGINEERING AND SURVEYING -0O3 INC. ¢ s 64 WNCHMMVtacsW 2Ze0i N Y� - - ' TELEPHOWSHEET x: , y L%� xhY3""i tiws.'4 V il P(PCO /00 ' qr-� ,i h �¢ Q Z, O/CJ�� N Y'e IN Z,o/Oj NJ' „ INI ' Z, 98Z� M e 4_0_0 ' �i17)4 '/ , _ a p 0WM j ti (YS it F'X1AL PGAT C42 /St/- 6- yE/6 N r.S s E c ri o,v r SCALE: /"= SO ' DATE: /9, /989 GREENWAY ENGINEERING AND SURVEYING CO., INC. iiO4 BAKE•C 4-4416 WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 S.ar Ar 7`7 Gf�c i H. BRUCE EDENS a No. 162 B 9 � �•: suRVE`�°4 SHEET 4 of i0 F L / CS/ A ,4 I- D /00 "el1v v SOO` 03 34"'E F-F— _TJ- 8g. 00-45 �. 47 -39 J�r N p 0 p N-) iQ GY N \ N Q ti g3 ti Q Q Q N Q .. 34 h N1 __ -- h 33 h� — ZO " .SAC/ iV00°03 " 3g "`Y �9,� (JOO°03 34_' 7 EM/L Y AJ00'03'347--IN L 41V E 53 S ZZ , 4 SO � -Q �n F/.c%4C .BUBO/v/s/o,v ,oar C-�2C /SL E NE/G N7"S SEC T/ O�V I SCALE: /" = 54 ' DATE ✓A.UUA.2y /9 , /9B9 GREENWAY ENGINEERING AND SURVEYING CO.. INC. //04 B.4,eCe C.4416' WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 ALTN 6,p N H. BRUCE EDENS 5 No. 162 B SHEET 5 of i0 ..� ... a� ......: EX/S 7-11-16 /OJ ' ...:ti...... ,aE,o co ,e/i-v 500° 03 '34 "6- a Q N Z,O/G ti° N1 Lu tiN z, ,� NNE a Q •� � I N Z,O /�� NI � � � � N Z, O/�� N . • � ��00 I� � � �Ia 5Z �.I� � .. . • � N a S9 a��� � Q N �, S� aN� � • • 150 ° O `q '4�`° 57 019 00, �O h Z,9BZ}- h r h ry X/00 '03'-3¢ "`J/ N\ �-- — EMic y 4A16 AL/OO° 03,3 4" " - 53 5 ZZ - 1-/4/A61 SUQO/V/S/O.C/ OGAT ��12 L/SL E �1E/G�17"S SECT 10x-/ I S1-11I WEE SCALE: / " = SO DATE _ ✓A,c/UA/ZY /9 , /985 GREENWAY ENGINEERING AND SURVEYING CO.. INC 1104 64.CeX GAVE WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4166 H. BRUCE EDENS 9 No. 1628 r �•yd �4`." . SURVEt' SHEET 6 of io EX/s r/.v6 /00 • (--E"Pco z/)-v I-1 C' .S 00' 03 '_3 g " E I — 5 00 0 03 '3 g " E � — — 0Z� W � h �• • W ti N 78 O A '' 77 I •.• 2, O / �o� N a . r.• 7-3 ' •' • A/00 ' 03 ' ,3 4 " W _70_Z8 " � ��AS EtilE�t/T _ V ;y. F/�C/AC SU6U/!i/S/Oit/ OCAT CA2L /SG E �1E/�hiTS • SEC7'10A1 I D/ST/z/C7- SCALE: / " = 50 ' DATE :✓A1(1U14Z O 7.0 N N N� �u �N vQ N zO/6o_�' N (5) .. o 2,9azy 1V00' 03'3lc" Ipp EM_/LY_LA/VE A100' 03 ' 3 4 NIti N P s Zy 01 -- � o SO J. GREENWAY ENGINEERING AND SURVEYING CO.. INC �io4 B.7KE.0 L.a1/E WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 �EALTN 0� Z C r • 2~ H. JNo.162EB SHEET 7 of i0 EM / Y L 4 A16' - 5 O ' RIPY Al00 03 " 3 g kY - NON e=Z500.-3 CO UR % 6 � �I ZO lNATE,e C/NE EASEMEiV T-,_ .S 00 03'-34"E - 0/5. 00' ® 35.50, Z4" Z4" Zg' 04" 04" 04' 35.50' >� tip Nj 10) �I 3I55o' Z4" Z4" Zvi' Z4' Z4" Z4" 35.50' •• Al 00 03 "-3 4 Z / 5 O O 'ICY v� � �i - zo -9 S c� 6 A .9 N_ f /lVAC _5616D/1//S/0AJ PLAT C4 R 6 /S L E NE/GNTS SECT/O1v I v/sr/e/cr - SCALE: / " = 50 ' 1 DATE y GREENWAY ENGINEERING AND SURVEYING CO.. INC i,o4 QAKEG CA.t/E WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 ��ALTH Q Grpar �',,.. sp H. BRUCE EDENS No. 162 B t 0 SHEET 8 of /O ,£ /t/00° 03'3g kV - 535 ZZ' X � Z S 00°03'-34"'(t'- /5Z i b ESMT.� 8g—oo eg. o0 ') O h �v p Z �u .T.. DNA _• : I5• N Z,0 / Co N Q N Z,0/Coi N +� QI N I�Iu N Z,O/� j N z0/co N 13 5 �. O / Co N �J SEW `i ti I Z, 0/6J, 0 0 a ', � N I Z, O/�o� N � � v�l � ti Z,p �� ti � •� N4\ �vo0 u VA.l C4R L /5 6 E LTx o�`f .5 CC r/O/V Isy �a SI-141V</EE D1-57-e/C7" - F,eE0E2/C/l COUi1/TY, Y/�2G/(//A o � H. BRUCE EDENS 9 SCALE : /" = 50 ' DATE :./�Lt/U9,2 Y 19, 198� No. 16ED { : GREENWAY ENGINEERING AND SURVEYING CO.. INC. 0,0 o¢� //O� 0.4,ee,e 44 IE �`4 JRV%� WINCHESTER. VIRGINIA 22601 -.z y' ;t • TELEPHONE 662-4186 SHEET 9 of /0 •30. 5tj. • •,,• , �•, •: i .I 1 i' s i �jr it/89 56 " Z6 E Fj _ M9-9 5 6 ' e6 " E 9 � zo 6 N N h N N z, o f N Nl 1 l V :�• N ZO �� NI i �� IN z,oiG� I N , :II NIA Z10/6 N� I� N Z•O/6f NWI� o V. '•'f: a Q 8 2 a o l o o 00 � o �U `v Zi0/ �� N e N N Z,O/6� I ol, h oo �0 �I �o lop N H ti e-3 0 Z � A' SERE F����� .. .... • . ZO ' yVA i F/�/�l/lAC .SUBU/V/S/O.(/ PCAT C/ C-7 A/ �S O��SALTJf 0 .SNA{NEE D/S 7-,elf 7- COUIV7->-, Yi e& /,v/,4 H. BRUCE EDENS 9 SCALE: / "= So' DATE :J,4A1UA/ZY /9, /989 No. 1626 GREENWAY ENGINEERING AND SURVEYING CO.. INC. 9 io¢ 6.4-164 Z�4A/E S'URVS WINCHESTER. VIRGINIA 22601 TELEPHONE 662-4186 .. SHEET /0 of /0 Sn716PG739 THIS DEED OF DEDICATION, made and dated this 19th day of June , 1989, by and between CHARLES C. LONGERBEAM and ELAINE B. LONGERBEAM, his wife and HOWARD P. HORTON, parties of the first part, hereinafter called the DECLARANTS, whether one or more, and COUNTY OF FREDERICK, VIRGINIA, party of the second part. WHEREAS, the DECLARANTS are the owners in fee simple of the real estate shown on the attached plats drawn by H. Bruce Edens, C.L.S., dated January 19, 1989, known as CARLISLE HEIGHTS SECTION I, being a portion of the real estate conveyed to Charles C. Longerbeam and Elaine B. Longerbeam, his wife, by Deed dated September 21, 1987, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 659, at Page 387, an undivided one-half (1/2) interest in said real estate having been conveyed to Howard P. Horton by Deed dated the 26th day of May, 1989, of record in the aforesaid Clerk's Office in Deed Book 714, at Page 586; and WHEREAS, said real estate, as shown on the attached plats, has been subdivided into lots, and the attached plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot BKl10°G740 thereof (and also show those certain Easements reserved for installation and maintenance of water and sewer facilities for said lots), and further show various public streets which shall constitute a portion of said development and further additions/lot owners shall become members of the Carlisle Heights Homeowners Association upon the same terms and conditions herein; and WHEREAS, the DECLARANTS now desire to subdivide the same into lots as shown on the attached plat of CARLISLE HEIGHTS SECTION I. The subdivision of said real estate as it now appears on the attached plats, is with the free consent and in accordance with the desires of the undersigned DECLARANTS and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANTS do hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated CARLISLE HEIGHTS SECTION I lying and being situate in Shawnee Magisterial District, Frederick County, Virginia and more particularly described by the aforesaid plats of H. Bruce -2- u 716FG741 Edens, C.L.S., dated January 9, 1989, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full. All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to the Carlisle Heights Homeowners Association, a non -stock Virginia Corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described on the attached plats as Open Space and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of CARLISLE HEIGHTS with the exception of the Open Space. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. -3- BK716FG742 Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarants" shall mean and refer to Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton, their successors and assigns. A R T I C L E I I MEMBERSHIP Every person or entity who is a record owned of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One membership 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. -4- BK7I6PG743 A R T I C L E I I I VOTING RIGHTS Each member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. 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 three (3) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association to serve until the first annual meeting following conveyance of the first Lot in the Properties; thereafter, the Board of Directors shall be elected by the Membership as determined in.the By -Laws of the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in -5- the Open Space, spec T1l�yGInUding but not limited to the rights of ingress and egress across the aforesaid Open Space and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid Open Space and in aid thereof to mortgage said property and the rights of such mortgagee in said property shall be subordinate to the rights of the Homeowners hereunder. (b) The right of the Association to suspend the voting rights and the right to use of Open Space by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Open Space to any public agency, authority, or utility for such purposes and subject to such con- ditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty- five (25) days nor more than fifty (50) days in advance. BK716PG745 Section 2. Delegation of. Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the Open Space to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Open Space(s): The DECLARANTS hereby covenant for their heirs and assigns that they will convey fee simple to the Open Space to the Association, prior to June 1, 1990. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANTS for each Lot within the Properties, hereby covenant, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as herein- after provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such -7- BK7I6PG746 interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties and, in particular, for the improvements and maintenance of the Properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of the enjoyment of the Open Space. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance to the first Lot to an Owner, the maximum annual assessment shall be Forty Dollars ($40.00) per year, per lot: (a) From and after June 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) 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 8K716PG747, 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. The limitations hereof shall not apply to any change in the maximum and basis of the assessment under- taken as an incident to a merger or consolidation in which the Associa- tion is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assess- ments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Space, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the 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. Uniform Rate of Assessment: Both BK716PG748 annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of'Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Open Space. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against -10- BK716PG749 each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of the assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, reasonable attorney's fees on any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space or abandonment of his Lot. -11- BKT 16PG750 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. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Space; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Open Space: In the event that the Association, or its successors, shall fail to maintain the Open Space in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. -12- BK716PG751 A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision of ninety-six (96) townhouse lots shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. Nothing but a single private townhouse or residence designed for the occupancy of one family shall be erected on any Lot in this Subdivision. The Lots shall be used for residential purposes only. 2. No dwelling may be erected or maintained on any of said Lots to have a ground floor space of less than six hundred (600) square feet; two story homes shall not have less than six hundred (600) square feet of main living area on first floor exclusive of any portion thereof used for garage or for an outside porch. 3. No outside privy or toilet may be constructed or maintained on any of said Lots. 4. No trailers or temporary buildings shall be erected or maintained on any Lot in this Subdivision. 5. No horse, cow, hog, goat, fowl or live- stock shall be kept or maintained on any of the Lots in this Subdivision. 6. No trucks or tractor -trailers may be parked on any Lot or street in this Subdivision. 7. No unlicensed, uninspected or inoperative motor vehicles shall be parked, kept or maintained on any Lot or street in this Subdivision. 8. No fence erected on any of said Lots shall be greater than eight (8) feet in height. No fence shall be located in the -13- BK7I6PG752 front yard of any dwelling or extend beyond a line corresponding with the front wall of the dwelling and extending to each side yard boundary. 9. DECLARANTS, Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton reserve the right to waive any and all of the covenants and restric- tions contained herein except Restriction No. 2 and Restriction No. 3 as pertains to total finished space of dwellings. This right of waiver shall not affect the binding effect of the covenants and conditions upon any Lot. 10. DECLARANTS, Charles C. Longerbeam, Elaine B. Longerbeam.and Howard P. Horton further reserve the right alone to impose additional restric- tive covenants and restrictions as to the sale and transfer of any Lot or Lots owned by them and such imposition shall not affect the binding effect of these provisions upon any other Lot. Invalidation of any one of the covenants or restric- tions contained herein by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The failure of the lot owners or the DECLARANTS to enforce any covenant or restriction shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subse- quent thereto. A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property) dedicated hereby is subject to that certain easement or right -14- BK716Pc753 of way designated Sanitary Sewer Easement'/Utility Easement on the attached plats. The DECLARANTS do hereby grant and convey unto the Frederick County Sanitary Authority a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plats as Sanitary Sewer Easement. Section 2. Surface Drainage Easement: The property) dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement on the aforesaid plats, for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not.be altered or modified without the prior consent of the County of Frederick and the DECLARANTS do hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. DECLARANTS do further agree that the County of Frederick shall be under no obligation to maintain such surface drainage easements provided, however, that in the event the Association fails to maintain said surface drainage easements then, and in that event, the County of Frederick shall have the right to -15- BK7 ! 6Pc7 S 4 maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section II, hereinabove. Section 3. Reservations: The DECLARANTS reserve unto themselves, their successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each Lot and a 10 ft. strip centered on the side line of each adjoining Lot, and a 10 ft. strip along the boundary of all non -adjoining Lots and over the Open Space, as needed, provided that such easement shall not interfere with the use and enjoyment.of the Open Space. Section 4. Reservation of Easement and Open Space(s): DECLARANTS reserve unto themselves, their successors or assigns, an easement of any width selected by DECLARANTS over and under the Open Space(s) herein conveyed, for the purposes of installation, maintenance and reconstruction of utilities and/or drainage easements in the Open Space(s), provided that such easements shall not interfere with the use and enjoyment of the Open Space(s). -16- BK716PG755 A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, 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 any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 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 insure 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 successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) -17- BK716PG756 year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. 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 public agency to be used for purposes similar to those for which the Association was created or for the general welfare of the residents of Carlisle Heights. In the event that such dedication is refused acceptance, the assets shall be deemed vested in the members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on the attached plats is with the free consent and in accordance with the undersigned DECLARANTS and Proprietors of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. WITNESS the following signatures and seals: am BK716PG757 ��i �I ���GERBEAM COUNTY OF FREDERICK, VIRGINIA By: (SEAL STATE OF VIRGINIA AT LARGE of �, j�G�`�e(' , to -wit: I, k' )AS4�C"_/L , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that CHARLES C. LONGERBEAM and ELAINE B. LONGERBEAM, his wife, whose names are signed to the foregoing Deed of Dedication dated the �`l�� day of UnP� , 1989, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. GIVEN under my hand this /Ci'1. day of Gc/1 _- 1989. My Commission expires Notary Public -19- STATE OF VIRGINIA AT LARGE of �,n ����".Sim, to -wit: I 5lr t��J C� ,/�� �5�, �J Ct CIC, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that HOWARD P. HORTON, whose name is signed to the foregoing Deed of Dedication dated the l A day of 1989, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. GIVEN under my hand this l CiA day of 1989. My Commission expires t sI- Lo NOTARY PUBLIC STATE OF VIRGINIA AT LARGE coati v of Frevi,_k , to -wit: I, D ccwe_ K. Gcc,ti,b', 0 , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Kri C- TierKe� who is -20- BK716PG759 =f'/anhiKv �L,IX D reccy of the County of Frederick County, Virginia, whose name is signed to the foregoing Deed of Dedication dated the o70 t4 day of --J�Lue. , 1989, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand this QO day of Q_ , 1989. My Commission expires Notary Public -21- COINUMONWEAI.TH of VIRCjINIA RAY D. PETHTEL COMMISSIONER Mrs. Joan Fine 44 South Cameron Street Winchester, VA 22601 Dear Mrs. Fine: DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG,22824 June 24, 1992 WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984.4133 FAX (703) 984-9761 Ref: Carlisle Heights Subdivision Route 656 Frederick County This is to follow-up on our telephone conversation this date concerning the referenced development. As I said the 60" concrete culvert installed at approximate Station 13+45, Woodrow Road, will be acceptable by the Department in its present location. If you have any questions or if I can be of further assistance in this regard, please let me know. Sincerely, William H. Bushman Trans. Ass't. Res. Engineer j 4. � By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. D. W. Hawkins Mr. R. W. Watkins Ms. Elaine Longerbeam TRANSPORTATION FOR THE 21 ST CENTURY DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER TELE (703) 984-4133 June 2, 1992 FAX (703) 984-9761 Mr. W. Wayne Miller, Subd. Admin. Ref: Carlisle Heights Dept. of Planning & Development Sections I & II 9 Court Square Route 656 P. O. Box 601 Frederick County Winchester, VA 22601 Dear Wayne: This is to advise the addition assembly for the section of road listed in the resolution dated December 12, 1991 has been forwarded for processing. Sincerely, William H. Bushman Trans. Resident Engineer 6?e4tlm- 6444--- By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. RBC/rf xc: Mr. D. W. Hawkins Mr. C. C. Longerbeam TRANSPORTATION FOR THE 21 ST CENTURY RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VI RGINIA. DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 April 30, 1992 Mr. W. Wayne Miller, Zoning Administrator Fred. Co. Dept. of Planning & Development 9 North Loudoun Street P. O. Box 601 Winchester, VA 22061 Dear Wayne: MAY 1 21992 is WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703)984-9761 �Y Ref: Carlisle Heights Subd. Sections I & H Route 656 Frederick County We are in recc a }lour resolution and package for the addition of several streets within the referenced development. All the information submitted appears to be in order. We have also received over the last several months the as -built site plans from Dove & Associates and quitclaimAoermits from Potomac Edison Company. Unfortunately, as you know, the original target date of May 1, 1992 for addition of the streets now cannot be met due to missing information. The following is a list of items which are still needed prior to addition. 1. Signed permits covering all utilities to occupy or cross the right-of-way and quitclaiming any prior rights from the Frederick County Sanitation Authority, C & P Telephone, Adelphia Cable and Shenandoah Gas Company. 2. .A feeto cover maintenance of the streets involved from the addition date until the end of our fiscal year. The amount will need to be determined once the new addition date is established. 3. A bond to guarantee workmanship, performance of materials in the amount of $21,000.00 for a period of one (1) year from the date of acceptance. 4. An additional bond in the amount of $27,500.00 to cover the uncertified pavement mixes which were placed on Woodrow Road and Emily Lane and any possible damages to the right-of-way which may result from a possible sink hole at approximate Station 6+75, Elaine Drive. TRANSPORTATION FOR THE 21 ST CENTURY Mr. W. Wayne Miler April 30, 1992 Page 2 5. Also, a regret to inform you since the time we told the developer the streets were eligible for addition, several areas of the rights -of -way have been damaged due to the elements and individual lot developers. These areas will need to be addressed before we can proceed with addition of the streets. Through copy of this letter to the developer I am apprising him of the situation and letting him know we are available for another walk through. Since an additional walk through is now warranted, we feel it is necessary to recoup our costs for this inspection. This charge can be billed to the developer on an accounts receivable basis. Should you have any questions concerning the above, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer YZ$. C444-04A� By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. RBC/rf xc: Mr. D. W. Hawkins Mr. H. Ed Strawsnyder Mr. Charles Longerbeam COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER April 21, 1992 Mr. Charles Longerbeam Ref: Carlisle Heights Subdivision P. O. Box 528 Route 656 Berryville, VA 22611 Frederick County Dear Mr. Longerbeam: Per our telephone conversation this morning enclosed you will find a copy of our guidelines for lighting by permit on the State's right-of-way. Although none of the streets in Carlisle Heights are yet in the State Secondary Road System, any lighting must be installed in accordance with these guidelines so future addition of the streets is possible. Should you have any questions or if we can be of further assistance, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. RBC/rf Enclosures xc: Mr. R. W. Watkins wM COMMONWEALTH ®f VIRQIN1A DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 Fax - (703) 984-9761 July 29, 1991 u04+ j N1ILLIAM H. BUSHMAN RESIDENT ENGINEER V/ Mr. H. Ed Strawsnyder Ref: Carlisle Heights Subdivision Director of Engineering & General Services Section I County of Frederick Route 656 P. O. Box 601 Frederick County Winchester, VA 22601 Dear Ed: This is to follow-up on our telephone conversation of July 25th concerning the referenced project. As discussed in order to eliminate a possible drainage problem south of Townhouse Court "C", it appears a culvert should be installed under Emily Lane at approximate Station 0+60.00. As I indicated in this certain instance only we would allow the developer to open cut the roadway to install this pipe provided it is properly bedded and backfilled with C.R. Type 21-A stone which is compacted in control lifts. The trench would need to be saw cut to provide a smooth joint and patched back with a minimum of 4" of Type SM-2A asphalt concrete. Also, the existing ditch line on the north side of Woodrow Road will need to be regraded in order to obtain positive drainage toward Route 656. If the installation is completed in accordance with the prescribed method and any punchlist items which were reviewed on site recently with Mrs. Longerbeam are completed, we could then consider Emily Lane eligible for addition into the State's Secondary Road Svstem. It is my understanding the installation will be inspected by your office. However, we would appreciate a call so we may check the work as well. Should you have any questions concerning the above or if I can be of further assistance, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf xc: Mr. Dwight W. Hawkins Mr. Robert W. Watkins Mr. Charles Longerbeam TRANSPORTATION FOR THE 21 ST CENTURY Ccr F, G ^_ i 9 JUN 2 ? 1991 s� Mrs. Elaine B. Longerbeam C. C. Longerbeam, Inc. General Contractor P.O. Box 528 Berryville, Virginia 22611 to"/K-k- COUNTY "of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & General Services June 26, 1991 RE: Proposed Drainage Easement Court C, Section I Carlisle Heights Shawnee Magisterial District Frederick County, Virginia Dear Mrs. Longerbeam: 703/665-5643 FAX: 703/678-0682 s/a It was a pleasure meeting you during our review of the road system within Carlisle Heights. Based on our June 25, 1991, inspection in the company of Mr. Bob Childress representing the Virginia Department of Transportation, it appears that the roads and associated drainage ditches are in very good condition with only a few minor erosion problems. However, Frederick County cannot request that Woodrow Road and Emily Lane be taken into the state system until our concerns related to the existing drainage way adjacent to Court C are satisfactorily resolved. As you are aware, the storm runoff from Court C and the east side of Emily Lane are currently being channeled to a topographic low or depression located within the 100' PEPCO right-of-way. We understand that a large pit was excavated at this location during the earthwork phase of the project. Following this excavation which reportedly was constructed within an abandoned landfill, the hole was backfilled with a crushed stone and covered with topsoil. The actual dimensions of the excavation are not known. We also do not know the nature of the materials underlying the infiltration area that has been created. Before we can accept this system, the following issues must be satisfactorily addressed: 9 North Loudoun St. - P.O. Box 601 - Winchester, Virginia - 22601 June 26, 1991 Mrs. Elaine Longerbeam Page Two 1. The hydrologic/hydraulic capacity of the infiltration basin must be confirmed. To verify this capacity, it will be necessary to evaluate the permeability of the underlying soils in conjunction with delineating the dimensions of the basin. 2. Long term maintenance especially clogging is a major concern for Frederick County. This item should be adequately addressed with an emphasis on periodic maintenance requirements and potential diminished capacity with time. 3. The close proximity of the infiltration basin to the abandoned landfill poses a potential environmental problem. Consequently, we request that this issue be addressed to determine if the runoff infiltration will cause subsidence and degradation to the underlying groundwater system. As we discussed during the site inspection, there are other drainage alternatives which will satisfy Frederick County. These alternatives include installing an inlet and closed conduit at the discharge point or regrading the dra-inage ditch to flow toward Greenwood Road. The first alternative would require the construction of an inlet and the installation of a closed conduit to intercept and divert drainage flows away from the existing depression. The inlet should be placed near the western boundary of the PEPCO right-of-way. A berm will be required at this point to divert runoff into the inlet and away from the depression. If the regrading alternative is elected, it will be necessary to install a new culvert under Emily Lane and lower the ditch invert on the north side of Woodrow Road. Ultimately the drainage would flow toward Greenwood Road and Abrams Creek. Regrading would be required along Court C to insure that runoff from the parking lot would be diverted toward Emily Lane. The above alternatives are offered as suggestions only. We are available to discuss other alternative solutions, if necessary. June 26, 1991 Mrs. Elaine Longerbeam Page Three Please notify us as soon as possible regarding your plans to either evaluate or modify the drainage adjacent to Court "C". Sincerely, ' r 'PALU Harvey E. Strawsnyder, Jr., P.E. Director of Engineering HES:rls cc: Wayne Miller, Zoning Administrator Bob Childress, Virginia Department of Transportation file JUL -1 1991 ! Ll COMMONWEALTH of VIRC71NIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER Fax - (703) 984-9761 June 28, 1991 Mrs. Elaine Longerbea,-n Ref: Carlisle Heights Subdivision P. O. Box 528 Sections I - III Berryville, VA 22611 Route 656 Frederick County Dear Mrs. Longerbeam: I am writing in response to our recent field review of the referenced development with Mr. H. E. Strawsnyder on June 25, 1991. As discussed, several items will need to be addressed prior to the streets being eligible for addition into the State's Secondary Road System. In addition to certain items listed in past correspondence to your husband (copies attached) the following was noted: 1. The current drainage situation in the common area adjacent to Townhouse Courts "C" will need to be addressed. It is my understanding your engineer will be submitting a certification as to functionability to Mr. Strawsnyder for his consideration. 2. Several private entrance culverts will need to be adjusted to provide for positive drainage. Also to avoid crushing, a minimum of 1' of cover should be obtained over these pipes. I have enclosed for your use a copy of our standard PE-1 Specification. Please pass this along to the individual lot developers to avoid any additional problems. 3. The most critical problem noticed was erosion, both in ditch lines and drainage easements. These areas will need to be regraded to drain properly, seeded and mulched. We suggest the use of soil stabilization mat, staked straw bales and limited amounts of standard EC-1 riprap stone to avoid any further erosion. You may also want to consider sod in certain areas. Regardless, vegetation will need to be permanently established in these areas. Once these items have been addressed, please give me a call so we may perform a final inspection. In the meantime, should you have any questions or if I can be of further assistance, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Attachments Yr * Mr- TTwi nhi- 61_ RAwkinq. Mr. Robert W. Watkins. Mr. H. Ed Strawsnvder COIM / ONIWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER Fax - (703) 984-9761 June 17, 1991 Mrs. Sharon Michaels Ref: Quitclaim Deeds for Subdivision Streets C/O The Potomac Edison Company P. O. Box 3200 Winchester, VA 22601 Dear Sharon: In response to our phone conversation several days ago, enclosed you will find Departmental information relative to the referenced topic. As discussed this Department will require a deed of quitclaim to cover your existing facilities which cross the street right-of-way of Woodrow Road in the Carlisle Heights Subdivision. This will be necessary in order for the developer to add these streets to the State's Secondary Road System. You will note two types of draft agreements are included. One for distribution and one for transmission facilities. These agreements are used by the Virginia Electric and Power Company and are acceptable to the Department. However, should your Right -of -Way Section use a different format we would be more than happy to review such. I would appreciate you providing me with the names of the persons we should contact regarding the previous addition in the Shenandoah Hills development. Please give me a call concerning the above at your convenience. Sincerely, William H. Bushman Trans. Resident Engineer / /z By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. R. W. Watkins` -z? :VSPORTAT10N FOR THE 21 cT j � � • yJ' J� �/ a COMMONWEALTH of WIRCINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 June 3, 1991 O rU R r WILLIAM H. BUSHMAN RESIDENT ENGINEER Ms. Joan K. Fine Ref: Carlisle Heights Subdivision 44 South Cameron Street Route 656 Winchester, VA 22601 Frederick County Dear Ms. Fine: I am writing in response to our meeting of May 29, 1991 concerning the referenced project. After reviewing our files we have determined the streets surfaced with un-certified asphalt mixes are as follows: Woodrow Road: From: Intersection with Route 656 To: Approximate Station 13+00.00 Emilv Lane: From: Intersection with Woodrow Road To: Cul-de-sac The total length of the streets involved appears to be approximately 2,198.60' or 0.42 mile. In accordance with the enclosed copy of our subdivision street surety schedule a bond in the amount of $7,500.00 would be required if the entire section was added to the System at the same time. Also as discussed, I have enclosed copies of example deeds of quitclaim for your use. As I stated such a deed will need to be secured from the Potomac Edison Power Company to quitclaim their rights to an existing 100' right-of-way which- crosses the proposed street right-of-way of Woodrow Road. This deed of quitclaim will be required prior to any portion of Woodrow Road beyond the Pepco right-of-way being added to the State's Secondary Road System. Should you have any questions or if I can be of any further assistance, please give me a call. Sincerely, William H. Bushman Trans. Resident Engineer Bv: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/ rf Enclosures xc: Mr. D. W. Hawkins, Mr. R. W. Watkins, Mr. C. C. Longerbeam, C. A. Webb & Sons TRANSPORTATION FOR THE 21 ST CENTURY JAMES H. DIEHL, CHAIRMAN C.A. MOLDEN, VICE CHAIRMAN G. W. BORDEN, SEc.-TREAS. DONALD R. HODGSON E. O. RUDOLPH. III NED M. CLELAND FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE BOX 618 WINCHESTER. VIRGINIA 22601 WELLINGTON H. JONES, P.E. Mr. Charles C. Longerbeam P. O. Box 528 Berryville, VA 22611 RE: Carlisle Heights Sections I, II, III SUBJ: Final Acceptance Dear Mr. Longerbeam, PHONE 703 — 885-5850 June 19, 1990 ENGINEER - DIRECTOR f-/LC On June 18, 1990 we accepted into our system the water and sewer lines for the below listed lots: Section I - lots lA thru 96G Section II - lots 1 thru 117 Section III - lots 118 thru 180 Respectfully, P Y, John G. Whitacre Engineer CF: C. A. Webb & Sons, Inc. Richard C. Wood - FCSA 0 I .t •cdpMR0. COMMONWEALTH ®f V IRGI IA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER June 25, 1990 Mr. R. W. Watkins Ref: Carlisle Heights Subdivision C/O Fred. Co. Dept. of Planning Section I 9 Court Square Route 656 P. 0. Box 601 Frederick County Winchester, VA 22601 Dear Mr. Watkins: We recently made an inspection of the referenced project. The developer apparently intends to handle stormwater runoff in a most unaccustomed manner. Specifically, drainage from the proposed Emily Lane right-of-way is flowing from the right-of-way into an excavated hole some 100 yards away. We would like to advise you Mr. Longerbeam's construction techniques are in no way affecting the roadway and positive drainage away from the right-of-way is present. Therefore, if Mr. Longerbeam has a drainage easement recorded from the proposed right-of-way to his property line or natural drainage area, the street could be considered for acceptance into the State Secondary Road System. Liability or legal recourse resulting from the excavation, however, would be solely the responsibility of the County. Should you have any questions concerning this matter, do not hesitate to call. Sincerely, W. H. Bushman Res`iiddent Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. John R. Riley, Jr. I� M 11 TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH of VIRCj NIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 RAYD. PETHTEL WlLI.IAIUt H. BUSHMAN COMMISSIONER RESIDENT ENGINEER (703) 984-4133 July 2, 1990 Mr. Charles Longerbeam Ref: Carlisle Heights Subdivision P. O. Box 528 Section I Berryville, VA 22611 Route 656 Frederick County Dear Mr. Longerbeam: This is in regard to our letter to you of June 25, 1990 (copy attached) concerning the above referenced development. In said letter we advised Standard GR-8 guardrail would be required at the end of Emily Lane. Although guardrail will be required we mistakenly advised you of the type. Standard GR-2 should be in installed in lieu of Standard GR-8. For your use I have enclosed a copy of our Standard GR-2 specifications. We apologize for the mistake and regret any inconvenience to you. Should you have any questions, please do not hesitate to call. Sincerely, W . H . Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Attachments xc : ilIr. . F . E . Wymer Mr. R. W. Watkins C. A. Webb & Sons, Inc. TRANSPORTATION FOR THE 21 ST CENTURY ��Y �� 7•C 1 N/,,�. I COMMONWEALTH of VIRCjI TIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 228247 WILLIAM H. BUSHMAN COMMISSIONER (03) 984-4133 June 25, 1990 RESIDENT ENGINEER Mr. Charles Longerbeam Ref: Carlisle Heights Subdivision P. O. Box 528 Section I Berryville, VA 22611 Route 656 Frederick County Dear Mr. Longerbeam: As requested by your contractor, C. A. Webb & Sons, Inc., we have made an on site inspection of the above referenced location. It appears the right-of-ways within this section have been constructed in accordance with the approved subdivision plans. However, the following list of items will need to be addressed before the streets are eligible for acceptance into the State Secondary Road System: 1. Serving a minimum public service of three (3) occupied dwellings per street. 2. Standard GR-8 guardrail will be required at the end of Emily Lane as detailed on the attached sketch. 3. Emily Lane would have to be accessible from the existing State maintained roadway. Simply stated, Woodrow Road would have to be brought into the system also. 4. A drainage easement will be required for the outfall from the existing 15, C.M.P. under the entrance to Townhouse Court "C". The easement should extend from the Emily Lane right-of-way to the property line or natural drainage area. After the easement has been recorded, please submit one (1) copy to this office for our files. Once these items have been addressed, contact this office so we may perform a final inspection. Please be advised the streets are to be maintained in their present condition until time of acceptance. Should you have any questions concerning the above, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer a 4(", By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Attach. W xc: Mr. R. L. Moore, MrTZ:SF;RTa 6R I� - ST CtNI WItkins, C. A. Webb & Sons, Inc. F Farmers and Merchants National Bank 115 NORTH CAMERON STREET / P.O. BOX 2800 / WINCHESTER, VIRGINIA 22601 / 703-665-4200 IRREVOCABLE LETTER OF CREDIT Date: June 19, 1989 Number: 221 Amount: $450,000.00 Expiration: June 19, 1990 To: County of Frederick In connection with Frederick County's approval of a subdivision plat for Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton, the Farmers and Merchants National Bank issues to the County of Frederick Irrevocable Letter of Credit #221, under the following conditions: If the County certifies in writing to the issuer that Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton has failed to complete in a workmanlike manner all public utility facilites including, but not limited to, water, sewer and streets, as required by the Subdivision Ordinance, Chapter 18 of the Frederick County Code (2/13/74) as. amended, and according to the approved subdivision plat entitled Carlisle Heights, dated January 19, 1989, and approved plans dated 6/, P 7 , and identified as-PI,.,a) P),,,4 , by Greenway Engineering and Surveying Company, Inc. after the County's written notice to Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton of their failure, Farmers and Merchants National Bank shall honor the County's sight drafts, accompanied by the certificate and shall pay the County the sum of $450,000.00 stated by the County as necessary to complete the facilities. This Letter of Credit shall extend until June 19, 1990 or until such earlier date as the County issues to Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton a letter accepting as complete these public utility improvements. This Letter of Credit shall be binding on the successors and assigns of the Bank and Charles C. Longerbeam, Elaine B. Longerbeam and Howard P. Horton. DATE: June 19, 1989 FARMERS SAND 7RRJCHANTS N TIONAL BANK BY: F1 yd McWilliams SENIOR VICE PRESIDENT Date: C. A. WEBB & SONS, INC. GENERAL CONTRACTORS LIGHT COMMERCIAL & CUSTOM CONTRACTING 15 FIRST STREET e BERRYVILLE, VIRGINIA 22611 PHONE: (703) 955-4300 VIRGINIA STATE REGISTERED #9269 C.C. Longerbeam Berryville, VA Re: Draw #3 Carlisle Heights •Winchester, Virginia June 15, 1989 INVOICE Section 2 - Work completed to date ......................$433,464 (Including labor and material) Less payment - Draw # 1..................... 150,000 Less payment - Draw # 2..................... 95,000 BALANCE DUE ................................. 188,464 Section 1 - Work Completed .............................. 46,600 (As required in order to complete work in Section 2.) 1. Removal of topsoil; 2. Clearing, grubbing townhouse section; 3. Cost of bringing road to subgrade; 4. One piece sewer line and manhole to keep from going back and digging up main road again; 5. Extra valves in water line, extra thrust blocks; 6. Fire hydrants stubbing lines across roads. Contract Change Order#1............................... 1,800 (Installation of 60' 6" ductile iron pipe, 2 couplings and backfill) TOTAL AMOUNT DUE AND PAYABLE ON OR BEFORE JUNE 20, 1989...........................................$236,864 Page No. of Rai., C. A. WEBB & SONS, INC. GENERAL CONTRACTOR 15 FIRST STREET BERRYVILLE, VIRGINIA 22611 Virginia State Registered *9269 703/955-4300 PROPOSAL SUBMITTED TO PHONE ATE C. C. Longerbeam 955-25o6 T ]March 27, 1989 STREET JOB NAME Carlisle Heights --Section 2-Lots 1 thru 117 CITY. STATE AND ZIP CODE JOB LOCATION Berryville, Virginia Routes 659 & 656, Frederick CounL r, Virginia JlKWT= Engineer DATE OF PLANS JOB PHONE Geeenway & Dove 111/17/87., Rev. :/16/83, 10/7/8'8, 7/24/89 662-5335 We hereby submit specifications and estimates for: (according to su LT7. t t:ec. d7e.vinp 1. Mobilization 2. Erosion Control 3. Clearing roads, utility lines 4. Strip:topsoil and store on site 5. Excavation of roadways and associated areas 6. Sanitary sewer laterals 5' inside lot line. 7. Sanitary sewer structures S. Water Plain 9. Water services 5' inside lot lines 10. Storm sewer 11. Paved ditches 12. Fine grading; 1.3. Stone base 14. Prime and double seal 15. Asphalt 16. Replace topsoil 17. Seed road side right wway and utility right away 18. Curb and gutter. EXCLUSIONS: Rock; engineering (layout and stakeout); :;oil testing; under -cutting below subgrade; off -side disposal of surplus and unsuitable materials; removal Of trash or debris from other trades; removal, hnindling. or disposal of hazardous waste material; excavation or backfill for any underground electric, telephone, gas, or cable TV. NC)'i'h: No as-builts will be furnished by this contractor upon completion of job. 19P FrapaSP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Eight hundred ninety-four thousand dollars($ 8)94,0010 ) Payment to be made as follows: ti c-- All material is guaranteed to be as specified. All work to be completed in a workmanlike �� Authorize `� manner according to standard practices. Any alteration or deviation from above specilica• Signature tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents Note: This may be or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. propose Our worker are fully covered by Workmen's Compensation Insurance. withdrawn by us i} not accepted within days. Araptana of f rapowd —The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: - �' Signature 11 -X 5 - � � �►�: ��1Rc�`s c� NtI�T s t3 `r � n�� 'RAt4q R�,auTtoN 11.E ? COMMONWEALTH of VIRC-jINIA li li DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER May 29, 1990 Mr. Charles Longerbeam Ref: Carlisle Heights Subdivision P. O. Box 528 Route 656 Berryville, VA 22611 Frederick County Dear Mr. Longerbeam: This is to advise of this Department's concern over the placement of pavement in the above referenced development. In particular your use of an asphalt contractor, Craig Blacktop, Inc., who is not certified in the state of Virginia to pave subdivision streets. Unfortunately, we did not learn Craig was not certified until the week of May 21, 1990. We have been working with Craig and your general contractor, C. A. Webb & Sons, to resolve this matter and have reached an understanding. Craig will be allowed to continue laying asphalt if they use a certified asphalt supplier and when possible certified technicians. As the developer, it is your responsibility to ensure all materials used and methods of construction within this development comply with current observed VDOT Road & Bridge Specifications applicable during construction. You have been advised of this on several occasions (see attached letters). Therefore, since this requirement has not been met, the Department will require a bond to guarantee workmanship and performance of materials on those sections of streets which were paved with un-certified mixes for a period of two (2) years from the date of acceptance into the State's Secondary Road System. We will advise you of the amount upon request for acceptance. Should you have any questions, please do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer ZV7 By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. R. W. Watkins C. A. Webb & Sons Craig Blacktop, Inc. Mr. Tom Davis Mr. H. Bruce Edens TRANSPORTATION FOR THE 21 ST CENTURY C COUNTY of FREDERICK Ui �-A Department of Planning and Development 703/665-5651 FAX 703/667-0370 TO: Planning Commission Members FROM: Wayne Miller, Subdivision Administrator SUBJECT: VDOT Letter of April 3, 1990 Concerning Carlisle Heights and Carlisle Estates DATE: April 18, 1990 The attached letter from Mr. R. B. Childress echoes the feelings of the Planning & Development Department toward Mr. Longerbeam. I think it is important that all Board and Commission members are aware of this problem since Mr. Longerbeam will be coming before both bodies in the near future to request approval for additional development activity. /slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 '. A r 1 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION,.-• P. 0. sox 278 ;aitt,.5 13 RAY D. PETHTEL EDINBURG, 22824 ;0_ ;,y WILL M�H.8U HMAN COMMISSIONER �, .'} jS RESIDENT ENGINEER ( 703 ) 984-4133 April 3, 1990 TO: File FROM: R. B. Childress SUBJECT: Carlisle Estates & Carlisle Heights Subdivisions Route 656 Frederick County On this date an on site meeting was held with Mr. Charlie Longerbeam, developer, Mr. Howard Greenstreet of Dove & Associates and Mr. F. E. Wymer of this office at the above developments. The primary purpose of the meeting was to have a final walk through and prepare a punch list for Woody's Place in Carlisle Estates so the developer can proceed with having the street added to the State's Secondary Road System. We also reviewed Dot's Way in Carlisle Heights to determine if adjustments to the cul-de-sac were necessary to obtain and maintain proper fill slopes and shoulder widths. It was determined adjustments will be necessary and Mr. Greenstreet will submit a plan and profile of the proposed changes to this office for review. The primary reason for this memo is to state my concern over these developments and the owner's attitude toward each. Of all the subdivisions within the Edinburg Residency these have no doubt caused more problems and created additional work for myself, Mr. F. E. Wymer and Mr. J. H. Blount. This, I believe, is a direct result of again the owner's attitude and knowledge of our subdivision policy and procedures. Listed below are just a few items I believe will support my concern: 1. The development is not quite over one (1) year into construction and has already had two (2) different engineering firms. Legal action may result between Mr. Longerbeam and Greenway Engineering, the original firm which was fired. Miscommunications occurred between the two (2) firms during the change over process in February, 1989. This office was not notified of the change until November,.1989. Personnel of Dove & Associates, the present engineer, have told me when they try to advise Mr. Longerbeam on matters it is either his way or no way. TRANSPORTATION FOR THE 21 ST CENTURY Memo to the File Carlisle Estates & Carl;i le Heights Subdivisions .y. April 3, 1990 �t Page 2 of 2 2. Mr. Longerbeam supplied his contractor, C. A. Webb & Sons, Inc., with unapproved site plans. However, he advised Webb they were approved and ordered him to start construction on the roadways. As a result Webb has had to tear out and reconstruct numerous items within the development to comply with our standards and is constantly calling our office to confirm Mr. Longerbeam's direction"s. A representative of C. A. Webb & Sons, Inc. has actually informed me they are sorry they even bid on the project in the first place. 3. In discussing the needed repairs within Carlisle Estates, Mr. Longerbeam stated he did not see why he should be held responsible since he had sold all of the lots. He thought the individual property owners should be responsible since he did not -own the right-of-way any longer. When I asked him who actually owned the right-of-way he did not have a response. The final subdivision plats plainly indicate Mr. Longerbeam is the owner of the right-of-way. In my opinion until Mr. Longerbeam's attitude toward's VDOT, his engineers, Frederick County and his contractor improves and he realizes what his responsibilities as a developer are, this Department will continue to have problems within these developments. 6)0,Zv_eY 6@. e4�i�e� Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. P. R. Epperly Mr. F. E. Wymer Mr. J. H. Blount Mr. John R. Riley SCtib �J' a� 4 1 COMMONWEALTH of ViIRGINI � i,,`'; 9 1990 DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D.PETHTEL COMMISSIONER Mr. Howard Greenstreet C/O Dove & Associates P. O. Box 2033 Winchester, VA 22601 Dear Mr. Greenstreet: EDINBURG, 22824 WILLIAM H. BUSHMAN (703) 984-4133 April 4, 1990 RESIDENT ENGINEER Ref:( Carlisle Heights Subdivision Frederick County This is to follow-up on our telephone conversation this date concerning the above referenced development. In an attempt to clarify past misunderstandings and prevent any future problems I have enclosed for your use correspondence from this office relating to this development. As Mr. Longerbeam's agent please share this information with him and explain our subdivision policy and requirements. As you can see from the enclosed letter to Greenway Engineering & Surveying Company dated April 25, 1989, this office requested a preconstruction conference be held prior to initiation of work on this project. Unfortunately the meeting was never held. Therefore, I have also enclosed a standard VDOT preconstruction conference listing which is reviewed at such meetings. Please ensure Mr. Longerbeam receives a copy and understands its contents. Also be advised any revisions or adjustments to the approved subdivision plans will need to be submitted by your firm to this office for review prior to adjustments being made on site. Should you or your client have any questions or if I can be of further assistance, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer IX '!0 k� ko I 1�4 By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures: Standard Private Entrance Detail, Mailbox & Sign Placement, Information & Data Needed for Subd. Streets Prior to Acceptance, Preconstruction Conference Outline, Copies of Previous Corresp. xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. R..W. Watkins Mr. Charles Longerbeam Mr. C. A. WF NSPORTATION FOR THE 21 ST CENTURY RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 (703) 984-4133 March 21, 1990 � Mr. C. A. Webb, III ; �l; L C/O C. A. Webb, Inc. IV I ` � 15 First Street l Berryville, VA 22611( 4.._--- , Dear Mr. Webb: road re -a C? WILLIAM H. BUSHMAN RESIDENT ENGINEER Carlisle Heights Subdivision Route 656 Frederick County This is in response to your letter of March 16, 1990 requesting a revision to the approved pavement design in the above referenced development. As requested the proposed pavement design of 8" of C.R. Type 21-A Base Stone and 1.5" of Type S-5 Bituminous Concrete may be used in lieu of the originally approved 8" of C.R. Type 21-A Base Stone with prime and double seal surface on Lloyds, Likens and Everett Roads. I would also like to take this opportunity to remind you streets which require plant mix surfaces are to be paved to the backside of intersecting street radii which require surface treatment. Should you have any questions concerning this matter of if I can be of further assistance do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf xc: Mr. R. L. Moore Mr. T. R. Blackburn Mr. J. C. Heatwole Mr. F. E. Wymer Mr. R. w. ' Watkins Mr. C. C. Longerbeam Mr. Tom Davis TRANSPORTATION FOR THE 21ST CENTURY C. A. WEBB, GENERAL CONTRACTOR LIGHT COMMERCIAL & CUSTOM CONTRACTING 15 FIRST STREET • BERRYVILLE, VIRGINIA 22611 PHONE: (703) 955-4300 VIRGINIA STATE REGISTERED #9269 March 16, 1990 Virginia Department of Transportation P. 0. Box 27E Edinburg, Virginia 22824 Attn: Mr. Robert Childress Re: Carlisle Heights Subdivision Winchester, Virginia Dear Mr. Childress: I am writing to you to request approval to change the surface treatment of Lloyds, Likens, and Everett Roads in Carlisle Heights from the approved prime and double seal to 12 inches of S-5. Thank you very much for your attention concerning this matter. Sincerely, C. A. Webb III CC: C. C. Longerbeam CE C r 9 .' ... ..s{ . JAMES H. DIEHL, CHAIRMAN C.A. MOLDEN, VICE CHAIRMAN G. W. BORDEN, SEc.-TREA9. DONALD R. HODGSON E. O. RUDOLPH, III NED M. CLELAND FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE BOX SIB WINCHESTER. VIRGINIA 22601 WELLINGTON H. JONES. P.E. ENGINEER - DIRECTOR PHONE 703 — 663-5690 January 26, 1990 ✓ Mr. John S. Trenary Frederick County Inspection Department 9 Court Square Winchester, VA 22601 REFERENCE: Carlisle Heights - Lot 17 SUBJECT: Easement across lot Dear Mr. Trenary: Lot 17 in Carlisle Heights may now be tied into our water and sewer system. Both PEPCO and the Sanitation Authority have easements that cover much of this lot. Enclosed is a detail of the site plan showing the lot and the easements. I am asking you to insure that a permanent structure not be built over our easement. If you have any questions, please call. Respectfully, John G. Whitacre Engineer As enclosure gyp- _ - - ----- - ----- -- sQ� M EASEE.t/7- � \ callvlv Cam. x #9 ,� \�: Ro R� -� .''• :, \ �����FQ .mac- ��� - � .� _ s •� :'. •i x 5"z 7 ' oo' /3 r T :Ithl �/ ..5"TA /O �• 6 5.90 � �ocoeory ,eo,4o STA 0�00 E-64 /.(/E O e / vE• c sjrA Z j O E L/!i D /vE rA O 00 L L O YDS ,eOAD, Zp a� Z (- ' t �r COMMONWEALTE1 of VIR . Is � DEPARTMENT OF TRANSPORTATION P. O. BOX 278 2 - Y D. PE 1NTEL EDINBURG, 22824 WILLIAM H. BUS in".AN 1,S5 JNER - (703) 984-4133 RESIDENT ENGi"LEER December 20, 1989 Mr. Charles Longerbeam Ref: Carlisle Heights Subdivision P . O. Box 528 -6� .,...-.:. Berryville, VA 22611 Frederick County Dear Mr. Longerbeam: This is to follow-up on our meeting of December 19, 1989 at the above referenced development. It was determined at our meeting your contractor, C. A. Webb & Sons, Inc. has been constructing the streets within the development without having access to the approved subdivision plans. As I stated, the Department reviewed and approved the Final Master Development Plan dated January 26, 1989 and the Carlisle Heights Townhouses Section I site plan dated April 17, 1989. Our approval of these two (2) sets of plans is evident in the attached copies of letters from this office to your engineer, Greenway Engineering & Surveying Company, Inc. I would strongly recommend you secure sets of these approved plans prior to any further construction. As we discussed there are several items throughout the development which require corrective action to conform to the approved subdivision plans. The most noticeable items were as follows: - The proposed 15" C.M.P. under Emily Lane is missing. - The commercial entrance radii and offsets on Emily Lane are not uniform. - The "sinkhole" on Elaine Drive was not properly excavated and refilled. - The proposed 60" concrete culvert at approximately Station 13+45, Woodrow Road, is in the wrong location. These items will require corrective action prior to this developments eligibility for acceptance into the State's Secondary Road System. After the abnormally cold and wet weather condition we are presently experiencing have slacked up a representative from the Department will be on site to check other construction items in more detail to determine whether additional corrective action will be required. It appears this unfortunate situation may have been brought about by a lack of communication between all concerned parties. However, until just recently I was not aware that Greenway Engineering was no longer in your employ. If I had been made aware of this fact in the spring of 1989 when they were dismissed this situation may have been avoided. TRANSPORTATION FOR THE 21 ST CENTURY COP-9 ; n F1eia/ MnP GK 4-0 see, IF N�evz is a Fle_ Sect. I , 1� not, pub )n 5*4�d;visioq �; k ry Secf- 1 - Mr. Charles Longerbeam December 20, 1989 - Page #2 - Enclosed for your use is a copy of our information and data needed for subdivision streets prior to acceptance into the State's Secondary Road System, standard private entrance detail (minimum culvert size 15" or 13"xl7"x30'), mailbox placement guidelines and sign placement guidelines. Please read over this material and supply individual lot developers with it so there will be no misunderstandings at a later date. Should you have any questions concerning the above, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. R. W. Watkins C. A. Webb & Sons, Inc. Mr. Wayne Miller Mr. Evan Wyatt Mr. H. Bruce Edens (Greenway Engineering) Mr. Tom Davis (Dove & Associates) 71989 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATIONP. O. BOX 278 � E P. 0. B G, 22824 RAY D. PETHTEL (DINB 984-4133 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER December 5, 1989 6Urao Iv I sI00 F11. e Mr. C. C. Longerbeam Ref: Carlisle Heights Townhouses P. O. Box 528 Section I Berryville, VA 22611 Route 656 Frederick County Dear Mr. Longerbeam: This is to advise during a routine field inspection on December 1, 1989 it was noticed the entrances being constructed to the townhouse parking lots off of Emily -Lane do not appear to be in accordance with the approved subdivision plans. Specifically the typical 8' offset from the edge of gutter pan to the edge of pavement does not appear to be consistent. I would like to take this opportunity to remind you before Emily Lane is eligible for inclusion into the State's Secondary Road System, these entrances will have to be constructed in accordance with the approved subdivision plans from Greenway Engineering & Surveying Company, Inc. dated April 17, 1989. Should you or your contractor have any questions concerning the above, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer 6. ZV4- ute-� Bv: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. F. E. Wymer / Mr. R. W. Watkins " Greenway Engineering & Surveying Co., Inc. C. A. Webb & Sons TRANSPORTATION FOR THE 21 ST CENTURY 4 FINAL SUBDIVISION Carlisle Estates, Section I 24.76 acres Zoned RP (Residential Performance) LOCATION: At the intersection of Routes 659 and 656 MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Agricultural, forest, and vacant land, and A-2 (Agricultural General) and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS: 96 townhouse units REVIEW EVALUATIONS: Transportation Department - See attached letter dated 2 13 89. Sanitation Authority - Plats are OR. Frederick County Fire Inspector - Fire protection will be reviewed on site plan or construction drawings when received. Greenwood Fire Company - Same as Fire Inspector. Inspections Department - Shall comply to Use Group "R", Residential, Section 309.0 of the BOCA National Building Code 1987. Planning and Zoning - Townhouses are a permitted use in the RP zone. Subdivision conforms to approved MDP. A report is enclosed addressing the question of the landfill location. STAFF RECOMMENDATIONS: Approval. H f COMMONWEALTH of VIRCjINTA D. YET ITEL 'O.WiISSIONER Mr. Charles Longerbeam P. O. Box 528 Berryville, VA 22611 Dear Mr. Longerbeam: DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EDINBURG, 22824 WiL11 IH. BUSHMAN 984-4133 RESIDENT ENGINEER December 20, 1989 Ref: Carlisle Heights Subdivision Route 656 Frederick County This is to follow-up on our meeting of December'19, 1989 at the above referenced development. It was determined at our meeting your contractor, C. A. Webb. & Sons, Inc. has been constructing the streets within the development without having access to the approved subdivision plans. As I stated, the Department reviewed and approved the Final Master Develofanent Plan dated January 26, 1989 and the Carlisle Heights Townhouses Section I site plan dated April 17, 1989. Our approval of these two (2) sets of plaris is evi_derit in the attached copies of letters from this office to your engineer, Greenway Engineering & Surveying Company, Inc. I would strongly recommend you secure sets of these approved plans prior to any further construction. As we discussed there are several items throughout the development which require corrective action to conform to the approved subdivision plans. The most noticeable items were as follows: - The proposed 15" C.M.P. under Emily Lane is missing. - The commercial entrance radii and offsets on Emily Lane are not uniform. - The "sinkhole" on Elaine Drive was not properly excavated and refilled. - The proposed 60" concrete culvert at approximately Station 13+45, Woodrow Road, is in the wrong location. These items will require corrective action prior to this developments eligibility for acceptance into the State's Secondary Road System. After the abnormally cold and wet weather condition we are presently experiencing have slacked up a representative from the Department will be on site to check other construction items in more detail to determine whether additional corrective action will be required. It appears this unfortunate situation may have been brought about by a lack of communication between all concerned parties. However, until just recently I was not aware that Greenway Engineering was no longer in your employ. If I had been made aware of this fact in the spring of 1989 when they were dismissed this situation may have been avoided. TRANSPORTATION FOR THE 21 ST CENTURY i Mr. Charles Longerbeam December 20, 1989 - Page #2 - Enclosed for your use is a copy of our information and data needed for subdivision streets prior to acceptance into the State's Secondary Road System, standard private entrance detail (minimum culvert size 15" or 13"x17"x30'), mailbox placement guidelines and sign placement guidelines. Please read over this material and supply individual lot developers with it so there will be no misunderstandings at a later date. Should you have any questions concerning the above, do not hesitate to call. Sincerely, W. H. Bushman. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. R. W. Watkins C. A. Webb & Sons / Inc. Mr. Wayne Miller Mr. Evan Wyatt Mr. H. Bruce Edens (Greenway Engineering) Mr. Tom Davis (Dove & Associates) T DOUGLAS M, SWIFT, JR. PETER W. BUCHBAUER LAW OFFICES SWIFT & BUCHBAUER, P. C. 215 SHARP STREET WINCHESTER,VIRGINIA 22601 POST OFFICE BOX 242 June 16, 1989 Mr. Kris Tierney Frederick County Planning and Development 9 Court Square Winchester, Virginia 22601 RE: Carlisle Heights Our File No. 8,143 Dear Kris: AREA CODE 703 TELEPHONE 662-0003 Enclosed herewith are drafts of a Deed of Dedication of Carlisle Heights Section I and a Deed of Dedication of Carlisle Heights Section II -IV for your review. Please let me know if you need anything further at this time. Yours very sincerely, C� a,-, Douglas M. Swift, Jr. DMS/slm Enclosures cc: Mr. and Mrs. Charles Longerbeam DOUG LAS M. SWIFT, J R . PETER W. BUCH BAUER LAW OFFICES SWIFT & BUCHBAUER, P. C. 215 SHARP STREET WINCHESTER,VIRGINIA 22601 POST OFFICE BOX 242 June 16, 1989 Mr. Kris Tierney Frederick County Planning and Development 9 Court Square Winchester, Virginia 22601 RE: Carlisle Heights Our File No. 8,143 Dear Kris: AREA CODE 703 TELEPHONE 662-0003 -,t'n KEPT. OF .PLANNING AND DEVELOPMENT Enclosed herewith are drafts of a Deed of Dedication of Carlisle Heights Section I and a Deed of Dedication of Carlisle Heights Section II -IV for your review. Please let me know if you need anything further at this time. Yours very sincerely, lb--. Douglas M. Swift, Jr. DMS/slm Enclosures cc: Mr. and Mrs. Charles Longerbeam COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 April 25, 1989 WILLIAM H. BUSFM RESIDENT ENGINEER Mr. Austin Spitler Ref: Carlisle Heights Townhouses C/O Greenway Engineering Section I - Route 656 1104 Baker Lane Frederick County Winchester, VA 22601 Dear Austin: This is to acknowledge receipt of your revised plans dated April 17, 1989 to the above referenced location. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. Materials used and method of construction shall apply to current observed DOT Road and Bridge Specifications applicable during construction of this development. Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. Attached is a copy of the minimum requirements and data for subdivision streets prior to acceptance into the Secondary System. This is the responsibility of the developer. All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VD(r will also require (forty-eight) 48 hours notice for inspections. A land use permit shall be obtained before any work is performed on the State's right-of-way. If mailboxes are to be placed along the roadway fronting lots, a minimum of four (4') feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. Private entrances will he installed in accordance to the attached sketch. This is the developer's responsibility. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Austin Spitler April 25, 1989 - Page Two - Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. Any signs to be installed will be in accordance with attachments. As requested, please find enclosed signed final plats for Section I. Should you need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer 4K44Z eg A By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rh Attachments sc: Mr. R. L. Moore Mr. J. C. Heatwole Mr. R. W. Watkins vi COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER February 13, 1989 Mr. Austin Spitler Ref.: Carlisle Heights C/O Greenway Engineering & Surveying Co., Inc. Sections I, II. III, IV 1104 Baker Lane Route 656 Winchester, VA 22601 Frederick County Dear Austin: Enclosed please find signed plats of Sections II, III, and IV to the above referenced subdivision. As we discussed by telephone on February 10, 1989. the Virginia Department of Transportation can not sign off on Section I plats until our review of the plans is completed. To follow up on my letter to your office on February 2, 1989 I offer the following comments: 1. Materials used and method of construction shall apply to current observed VDOT Road and Bridge Specification applicable during construction of this development. 2. If mailboxes are to be placed along the roadway fronting lots, a minimum four (4') feet shall be between the edge of pavement and the front of mailbox as shown on the attached sketch. 3. Our review and comments are general in nature; should conditions in the field exists such that additional measures are warranted such measures shall be completed to the satisfaction of the Department prior to inclusion in the Secondary System. 4. Attached is a copy of the minimum requirements and data for subdivision streets and private entrances prior to acceptance into the Secondary System. This is the developer's responsibility. 5. All drainage is to be carried within the right-of-way in ditch lines along streets to a pipe or drainage easement. 6. A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. 7. A land use permit shall be obtained before any work is performed on the Department's right-of-way. Please advise the developer accordingly. Should you have any questions, please advise. G?Oba C �'�vA"o Robert B. Chil Hwy. Permits & Subdivision Specialist Senior For: J. B. Kessler, Ass't. Res. Eng. TRANSPORTATION FOR THE 21 ST CENTURY RBC/sl attach. } • I�YUGe- Ecie4/1 S .t- 4u 5•{ r o --T> ov vrJaT CARLISLE HEIGHTS, SEC. 1, SUBDIVISION LISLI /24189 =Ihawnee Di strict