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HomeMy WebLinkAbout10-05 Hamilton Court Townhouse 45 Lots 5.7 Acres Opequon - Backfile (2)a Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS (Road Name Review) Sanitation Authority Health Department Inspections Department Parks & Recreation Fire Marshal County Engineer 2. One copy of the subdivision application !rrlo S Application received. 4X, 0 S Fee paid (amount: $ %0 4 �o ) b.S— Information entered in d-BASE and Reference Manual ` , 6 'Of j2JA1 File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent C Copy of final subdivision plat(s) [with signatures] made and given to Mapping v and Graphics Manager for structure numbering assignment Z 6 Updated d-BASE and Reference Manual 7' a7' L9'� 100`'�File given to Renee' -to update Application Action Summary Final plat(s) submitted with review agency signatures along with: - - -------Recorded deed of dedication — --- - -- --- Bond estimate (if required) $ 0 \Operations Manuahsubdivision.irk Revised' b/24/02 AMT. OF CASH ACCOUNT I AMT. PAI❑ CHECK BALANCE MONEY UUE ORDER BY i • 4k RECORDED FOR SIGNATURE I Owner/Applicant/Agent: b" Address: 13V �J �c r Y k Phone Number: PARCEL INFORMATION Type of Plat: tuvlos) P p 6 SUJ�3 �,�, �� Zoning District: P) ul No. of Lots: A -3 Comments: Property Location/Subdivision: Magisterial District: Property Identification Number (P.I.N.): s6 A - 8 i (Parent Tract) ****For Office Use Only**** FEES FOR RECORDATION OF PLATS ► $100.00per lot ► (Minimum Fee $100.00) Fee amount enclosed: $ CG- Paid by Credit Card: Receipt ## -.) 5 Received by: Date': k (n (Initials) Frederick County Department of Planning and Development 107 North Kent Street • Winchester, VA 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 0ALand Use Applications\Application FonnsVecordation of plats.wpd (06/28/05) COMMONWEALTH OF VIRGINIA El NFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 1,26.116105 7'H- ll,&2i.01 ACCOUNT, 06CL050f,,IE348 RECEIPT: --.�50,40023901 11 CASH& RPH RES: WE17 TYPE: OTHER PAY4ENTi FULL PAYMENT lNETRUMENT : e53ONO MM: PNERECDRDEQ OPIV05 AT 1010, HAVOR: FROD GROUP D: N LN: ED -jR.ANTEE: FREDEF':ICK COUNTY VIREINIA EM N F-ReD ADDRESS CEIVED -!OF RYLAND S-CUF CHECK $35 z 0!1! DESCEPTION 1: ef DIST FASEA 2! 2: HAMILTON COURT NAMES: 0 vNSI R A T I O.N. 0ANAL:- .00 MAP: 86-A-99 FIN. In! DEEH 2B.50 145 VELF IN'! Ra mcimocy FU�.mn FEz 5. 0 TENERED Q 00 AMOUNT PAR: 35 Ao CHNSE AMT A CLERK OF COURT: REBECCA G. HORN O LL � �l owe pmo) 050018348 Q C) GJ DEED OF SUBDIVISION THIS DEED OF SUBDIVISION is made as of August 9, 2005 by and between THE RYLAND GROUP, INC., a Maryland corporation, its successors and assigns (the "Owner"), Grantor; the FREDERICK COUNTY BOARD OF SUPERVISORS, a body corporate and politic, its successors and assigns (the "County"), Grantee; the FREDERICK COUNTY SANITATION AUTHORITY, its successors and assigns (the "Sanitation Authority"), Grantee; and HAMILTON COURT HOMEOWNERS ASSOCIATION (the "Association"), Grantee. RECITALS: A. The Owner is the owner of approximately 5.9652 acres of land (the "Property") located in Frederick County, Virginia, and shown on the plat entitled "FINAL PLAT OF SUBDIVISION, HAMILTON COURT", prepared by Painter -Lewis, P.L.C., dated May 9, 2005 and revised through June 14, 2005, which is attached hereto and incorporated herein by reference (the "Plat"), having acquired the Property by deed recorded as Instrument No. 050010261 among the land records of Frederick County, Virginia (the "Land Records"). B. It is the desire and intent of the Owner to subdivide the Property into lots and an Open Space parcel and to dedicate to public use the street as shown on the Plat. C. It is the desire and intent of the Owner to grant and convey unto the County and the Sanitation Authority the easements in the locations shown on the Plat and as hereinafter provided. D. It is the desire and intent of the Owner to grant and convey the Open Space parcel unto the Association. SUBDIVISION NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner subdivides the Property to be known as Lots 1 through 43 and the Open Space, HAMILTON COURT, as more particularly shown and described on the Plat. Prepared by and return to: Parcel 86-((A))-89 O'Hara & O'Hara, PLC 131 E. Broad Street, Suite 208 Falls Church, Virginia 22046 C) C W CA STREET DEDICATION THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner conveys in fee simple, with Special Warranty of Title to the County, its successors and assigns, that portion of the Property containing 0.7411 acres of land labeled on the Plat as "50' R.O.W.", and hereby dedicates the same for public street purposes to be known as Hamilton Court. COUNTY EASEMENTS THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner grants and conveys unto the County, storm drain and stormwater detention easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, stormwater detention facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters, its detention and its transmission through and across the Property, said easements being more particularly bounded and described on the Plat, and subject to the following conditions: 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors and assigns. 2. The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. 3. The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such F CO W restoration shall include the backfilling of trenches, the replacement oF' fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located without the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. The Owner reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided, however, that the Owner shall not erect any building or other structure, excepting a fence, on the easements without obtaining the prior written approval of the County. 5. The owner of fee title to any property on which easements are hereby granted for storm drainage and/or storm water management purposes shall be responsible for maintenance of storm drainage and storm water management facilities located within the easements conveyed hereby, unless such responsibility shall have been given to its successors or to an owner's association under the provisions of any declaration of covenants, conditions, and restrictions heretofore or hereafter recorded; it being intended that the responsibility of maintenance shall not be a personal obligation but shall run with the land. SANITATION AUTHORITY EASEMENTS THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner grants and conveys, unto the Sanitation Authority, with General Warranty of Title, permanent water and sanitary sewer easements in the locations shown on the Plat. The permanent easements herein conveyed grant to the Sanitation Authority the perpetual right to install, lay and maintain water lines and sanitary sewer mains, including the right to go on, over and upon the said permanent easements for the purpose of installing, laying maintaining, repairing and replacing the same as needed. Owners shall retain the right to use their land that is subject to the easements acquired herein in any manner that shall not interfere with the use and enjoyment of said rights by the Sanitation Authority. Owners shall at all times have the right to cross over and upon the said easements and to use the surface over the easements in such manner as will neither injure nor interfere with the construction, operation or -41 C) C,J maintenance of the water lines and sanitary sewer mains, except that no building or other structure shall be erected over said permanent easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the Sanitation Authority to disturb the surface of the ground, it shall be the obligation of the Sanitation Authority to restore the same to its condition prior to being so disturbed at the Sanitation Authority's expense. CONVEYANCE THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner grants and conveys the Open Space, HAMILTON COURT in fee simple unto the Association, with Special Warranty of Title. THIS CONVEYANCE IS MADE SUBJECT TO all restrictions, rights -of -way, easements and conditions contained in the deeds forming the chain of title to this property and is exempt from recordation tax pursuant to Va. Code Sec. 58.1-811(D). THIS DEED OF SUBDIVISION is made with the Owner's free consent and in accordance with its desires, and in accordance with the statutes of Virginia governing the platting of the land; the Plat having been duly approved by the proper authorities of Frederick County, Virginia, as evidenced by its endorsement thereon. By their signatures hereto, all parties join in the execution of this Deed to acknowledge their consent to their terms and conditions herein expressed and their acceptance of the rights of way herein conveyed. [SIGNATURE PAGES FOLLOW] 4 WITNESS the following signatures and seals: THE RYLAND GROUP, INC. a Maryland corporation : John Assistant Vice President COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: I L) T'h�e foregoing instrument was acknowledged and sworn to before me this 7 day Of f , 2005 by i46h C as /¢.�':�'� t r,'6& %.0 e 6 of The Ryland Group, Inc. Notary blic My commission expires: 5 HAMILTON COURT HOMEOWNERS ASSOCIATION a Virginia non -stock corporation Name: David A. Title: COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged and sworn to before me this `_ day ofigj�76 , 2005 by David A. Ostrander as President of Hamilton Court Homed ners Association. Notary P Iic `,iNtl My commission expires: N� . _ O AX PIKe;;::':'•' m c RTE 277 0 SITE ��- 7`� o VICINITY MAP ? SCALE: 1" = 1000' APPROVED BY FREDERICK COUNTY SANITATION AUTHORIT DATEI'3f11W10-f VIRGINIA DEPARTMENT OF TRANSPORTATION DATES 23 DS FREDERICK COUNTY SUBDIVISION ADMINISTRATO i� DATE- 6,fV5 202 OWNER'S CONSENT u FfLAO (" N (w/- THE ABOVE ND OREGOING SUBDIVISION OF THE LAND OF ovl AN9 H-1.1-6, INI6, AS APPEARS IN THE AC MP YIN LATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES SH THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY. 0 (APO 919c, DATE NOTARY PUBLIC STATE OF n ` CITY/COUNT F�c THE FOREG I NST NT WAS ACKNOWLEDGED BEFORE ME ON-7_`j ^'_ 2 ) 11 o S� BY 11111,,,. 1 lJ� NOTARY ` .z Z10 �) 2oV� ' v MY COMMISSION EXPIRESr �•~>_ rug �lw(2 60r,tw-,. SURVEYOR'S CERTIFICATE "��'s �'"•°+;;� �� I, HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS THE LA`VEYED TOIGMES, ING: BY DEED DATED MAY 10, 2005, AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA, INSTRUMENT NUMBER �66 A ELLIOTT HIE FINAL PLAT OF SUBDIVISION AvzH �� °j� H AM I LTON COURT �� OPEQUON MAGISTERIAL DISTRICT c� ELLIOTT RITCHIE, "JR. FREDERICK COUNTY, VIRGINIA CERTIFICATE NO. No. 1318 �rj�05 DATE: 09 MAY 2005 COVER SHEET SHEET 1 OF 15 LAND suRv'601. PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET DRAWN BY: DMJ WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 C:\DRAWINGS\Hamilton CDurt\HAMILTON COURT -SUBDIVISION PLATSAwg JOHN E. MCALLISTER JEFFERSON VILLAGE (OPEN SPACE "B") PIN=75K-1-1 B D.B. 760 PG. 1870 _ _S52„ 148.76 GEORGETOWNE COURT HOMEOWNERS ASSOC. ' PIN=86C-2-1A o0 D.B. 747 PG. 14 ri ZONING: RP WT 43 USE: RESIDENTIAL TOWNHOUSES LOT 42 w LOT 41 N LOT 40 N LOT 39 `� LOT 98 �I z LOT 37 ' LOT 38 LOT 35 LOT 34 LOT 33 S52'20'46 "E 202.12' LOT 92 LOT 31 L(.� ��pp LOT 30 N fV LV N LV N N I GEORGETOWNE COURT HOMEOWNER ASSOC. PIN=86C-2-1A co D.B. 747 PG. 14 w ZONING: RP 00 USE: RESIDENTIAL TOWNHOUSES !0 co IIn in M z lV N .pi Go C� ,fa-, 40 m ti C.9 (1- �60 (b [Qwr Iz CIO N n 15' INTERIOR RES. SEPARATION BUFFER William E. Hughes Lot 20 Section II VILLAGE AT SHERANDO D.B.844, P.1862 PIN=86D-3-2-20 ZONING:RP USE:Single Family Residential Judy H. Decker Lot 19 N LO Section II VILLAGE AT N SHERANDO o D.B.823, P.200 PIN=86D-3-2-19 N ZONING:RP USE:Single Family Residential LOT 17 WT 18 WT 15 LOT 14 LEXINGTON COURT LOT 13 HOMEOWNERS ASSOC. LOT 12 PIN=86C-3-3A LOT 11 INSTRUMENT # 000021102 3 LOT 10 ZONING: RP USE: RESIDENTIAL TOWNHOUSES O) LO 9 � in g TAT 8 � 5 14 100 LO 16 00 00 KENNETH E. HERBAUGH rn PIN=86-5—A to D.B. 201 PG. 58 to ZONING: RP N USE: SINGLE FAMILY RESIDENTIAL 10' INTERIOR RES. SEPARATION BUFFER DAVID B. HOLLIDAY PIN' ZONING: RP 0 USE: SINGLE FAMILY RESIDENTIAL �ZNE gU 40 w w , 1, 0�Pi( P\KB E w�osr+ RI Fp,\R v 0' 150' 300' 450' Revised: 6-14-05 '-4s�tiTH OF D l� ELLIOTT RITCHIE, JR. a CERTIFICATE NO. No. 1318 I� suKVE��I DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 SCALE: 1 "=150' SHEET 2 OF 15 PAINTER-LEWISI P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGS\Hamitton Cou'MAMILTON COURT-SUMMSION PLATSAM ORIGINAL PIN : 86—A-89 ZONING: RP (RESIDENTIAL PERFORMANCE) AREA IN HAMILTON COURT TO BE DEDICATED TO THE COMMONWEALTH OF VIRGINIA 0.7411 ACRES AREA IN TOWNHOUSE LOTS 2.3709 ACRES AREA IN PARKING 0.7605 ACRES AREA IN OPEN SPACE 2.0927 ACRES TOTAL AREA SUBDIVIDED 5.9652 ACRES DENSITY ALLOWED: 8 UNITS PER ACRE DENSITY PROVIDED: 7.208 UNITS PER ACRE MINIMUM SETBACK REQUIRMENTS (TOWNHOUSE): MINIMUM FRONT SETBACK = 20' FROM PARKING AREA AND PRIVATE ROAD MINIMUM ON —SITE BUILDING SPACING = 30' SIDE = 50' FRONT OR REAR PERIMETER BOUNDARY SETBACK = 30' SIDE = 50' REAR NOTE: NO ACCESSORY STRUCTURES OR FENCES SHALL BE LOCATED WITHIN THE INACTIVE BUFFER AREA. ALL PROPERTY CORNERS TO BE SET WITH AN IRON PIN. —20' SANITARY SEWER EASEMENTS \ \ \ \ —20' DRAINAGE EASEMENTS —20' WATER LINE EASEMENTS ?7�T H 0p U ELLIOTT RITCHIE, JR. a CERTIFICATE NO. No. 1318 4 �ft SURve,,,� DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION HAMILTON COURT Revised: 6-14-05 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 1 SCALE: NONE I SHEET 3 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 0 0 N` CADRAWINGS\Hamilton Court\HAMILTON COURT -SUBDIVISION PLATSAwg CURVE TABLE CURVE ARC DELTA ANGLE RADIUS TANGENT CHORD BEARING CHORD Cl 54.58' 89'21'38" 35.00' 34.61' S 6425'10" W 49.22' C2 48.81' 15'59'01 " 175.00' 24.56' N 27'43'51 " E 48.66' C3 107.72' 35' 16' 12" 175.00' 55.63' N 53'21'28" E 106.03' C4 76.35' 35'00'00" 125.00' 39.41' S 53'29'34" W 75.17' C5 229.27' 252*37'13" 52.00' 70.76' S 17'41'49" E 83.80' C6 31.68' 72'37' 13" 25.00' 18.37' N 72' 18' 1 1 " E 29.60' C7 73.TO' 23'56'01 " 175.00' 37.09' S 47'57'35" W 72.57' C8 47.06' 17'58'35" 150.00' 23.72' N 26'44'04" E 46.86' C9 92.33' 35'16'12" 150.00' 47.68' N 53'21'28" E 90.88' C10 91.62' 35'00'00" 150.00' 47.29' S 53'29'34" W 90.21' C11 33.80' 11*03'59" 175.00' 16.95' S 65'27'35" W 33.74' C12 76.94' 35'16'12" 125.00' 39.73' N 53'21'28" E 75.73' C13 33.01' 15'07'52" 125.00' 16.60' N 28'09'26" E 32.91' C 14 55.88' 91'29'31 " 35.00' 35.92' N 25'09' 15" W 50.13' OF `', � EL IOTT RITCHIE, CERTIFICATE NO. No. 1318 S/9/a S LAND SUR"F'�°4� DRAWN BY: DMJ JOB NO.: 0305028 LINE TABLE LINE BEARING DISTANCE L1 N 35'43'22" E 3.17' L2 N 70'59'34" E 5.27' L3 S 35'59'34" W 235.41' L4 N 35'59'34" E 161.92' L5 N 17'44'47" E 29.12' L6 N 35'43'22" E 3.17' L7 N 70'59'34" E 5.27' L8 S 35'59'34" W 235.41' L9 S 54'00'26" E 27.00' L10 S 70'59'34" W 5.27' L11 S 35'43'22" W 3.17' FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 1 SCALE: NONE I SHEET 4 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGSWamilton Court\HAMILMN COURT-SUBWASION PLATS.dwy GEORGETOWNE COURT HOMEOWNERS ASSOC. DB. 747 PG. 14 ZONING: RP 1' 81'16"E USE: RESIDENTIAL TOWNHOUSES N81 N35'56'38"E 679.81' N8 •10'15"W \ \ \4420 \ ;-OPf, SPACE — — — \ \ \ 68.00' N35'S6'38m �OS-i , \ 35'56'50" 7 f 7 N . vn Lnn w L4 o o LOT 5 - 3500 SF o01 S35'56'38"W 100.00_ N N a a LOT 4 - 2000 SF o U) \ \ w : � o Q o cn o m ,68U-P. m c.I Ln 10 rn (o LOT 3 - 2000 SF o (rq D : I ..: I 00 S35'56'38"W 100_00' x w 0 N N ,n :NQ ;. 0 WC5-. LOT 2 - 2000 SF o \. `D S35'56'38"W 100.00' r — — — — I O OPEN SPACE IN 2.0804 AC o LOT 1 - 3500 SF o 0 0 S35'56'38"W 100.00' 21 WATERLI — ESMT \ �� ;n INTERIOR -v \ O SEPARATION RE ~��--,_ Otx �g'S L1 BUFFER 'y C2 C 1 C\� .01 \ HAMlLTON COURT \ . --- 50' R.O.W C8 L6 - "� �9 C13 L11Cl TV h a David B. HollidayT PIN=86-A-90 CIO ICYICYUSE: RESIDENTIAL 70 ZONING: RP 25' ACTIVE BUFFER 077 - - ON ELLIOTT RICHIE, JR. T9 CERTIFICATE NO. No. 1318 sv 5 4 lq� suRv��o DRAWN BY: DMJ I JOB NO.: 0305028 C7 SEE SHEET 9 OF 15 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA m m 0 DATE: 09 MAY 2005 1 SCALE: 1"=30' 1 SHEET 5 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 C:\DPAWINGS\Han1Wn CourM MILTON C0MT-%W1VIS10N PLATSAM U) m Vl 2 m Ln O n ,u D Z 81 ' WA 5. . C� 7 A v 1V o SEE SHEET 5 FOR ADJACENT INFORMATION N35'56'38"E 679.81' OPEN SPACE 2.0804 AC S35'56'38"W 100.00' 5.00' LA CA o LOT 6 - 3000 SF o LOT 21 S35'56'38"W 100.00_ o LOT 7 - 2000 SF of LOT 20 S35'56'38"W 100.00_ — o LOT 8 - 2000 SF o LOT 19 S35 56 38 W 100_00_ t ili o LOT 9 - 2000 SF o w LOT 18 o S35'56'38"W 100.00_ o I' o LOT 10 - 2000 SF o o LOT 17 S35'56'38"W 100.00' ��o o LOT 11 - 2000 SF a LOT 16 o S35'56'38"W 100.00' o g LOT 12 - 2000 SF oLOT 15 ) S35'56'38"W 100.00_ w LOT 13 - 3000 SF \ LOT 14 2429,08„E 85.84 \ \ \ 20EASEMENT N C\ \ _ S35'S6.38„W 100.00 \ \ � � I OPEN SPACE S5100'26"E 22.78' \ 1 2.0584 AC \ $ \ 65.88' C� -- L8 25' ACTIVE BUFFER HAMILTON COURT 50' R.O.W H OF' 0 ELLIOTT RITCHIE, JR. CERTIFICATE NO. No. 1318 AND S�,v�-t DRAWN BY: DMJ JOB NO.: 0305028 -ftft L4 C OPEN SPACE SEE SHEET 10 OF 16 2.0804 AC FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 38.23' V) m 0 DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 6 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGSVIamiRon CourtkHAMILTON COURT -SUBDIVISION PLATS.dwg SEE SHEET 5 FOR ADJACENT INFORMATION N56'44'50"W N35'56'38"E 679.81' 8.65' OPEN SPACE 523 22'2g"W 91.90 \ \ �4 6 ;..—20�SEMENTNE 2.0804 AC \ \ \ S35'56'38"W 100_00_ \ \ \ _63.00' LOT 6 o LOT 21 - 3000 SF o S35'56'38"W 100.00' LOT 7 (o 0 LOT 20 - 2000 SF S35'56'38"W 100.00_ LOT 8 N o LOT 19 - 2000 SF Z �— cn S35'S6'38"W 100•_00' — (oho LOT 9 LOT 18 - 2000 SF N O S35'56'38"W 100.00' n LOT 10 a a LOT 17 - 2000 SF �c � S35'56'38"W 100.00' LOT 11 N o LOT 16 - 2000 SF S35'56'38"W 100.00_ LOT 12 �o LOT 15 - 2000 SF �I S35'56'38"W 100.00' LOT 13 LOT 14 - 3000 SF S35'59'34"W b \ o \ ; .::;� O VI `\ O N m r. N p O O o o . •. o ( O i;.•N4;•''� S35'56'38"W 100.00' 00 20' DRAINAGE N Ln \ EASEMENT OPEN SPACE N \ \ 2.0584 AC N L3 _ 66.79' 20.50' 19.67' L8 25' ACTIVE BUFFER LA LOT 22 II LOT 23 D z LOT 24 m to z m m z 0 LOT 25 w D O LOT 26 LOT 27 LOT 28 LOT 29 \ 8 '06'S7 38' 24.35' D N N HAMILTON COURT 50 R.O.W -j L4 OPEN SPACE 2.0804 AC SEE SHEET 11 OF t16 6 FINAL PLAT OF SUBDIVISION o��A1TH OF H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT LLIOTT FREDERICK COUNTY, VIRGINIA CERTIFICATE NO. No. 1318 S/9�� 5 DATE: 09 MAY 2005 SCALE: 1 "= 30-T SHEET 7 OF 15 s PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 C:\DRAWINGSV1amBton CourtVMILTON COURT -SUBDIVISION PLATS.dwg N61'09'Q4"E i 46.96 N00'28'39"W L-4 7E \0 I o I�. 2 N35'56'38"E 679.81' OPEN SPACE 2.0804 AC S35'56'38"W 102_00' I LOT 22 - 3570 SF (A N� 0z S35'56'38"W 102.00' m LOT 23 - 2040 SF o S35'56'38"W — — 102.00' — — cn N N c LOT 24 - 2040 SF o S35'56'38"W — — 102.00_ o (A m — 1� 1001 LOT 25 - 2040 SF p W S35'56'38"W 102.00_ O o N N rri LOT 26 - 2040 SF O 00 o S35'56'38'W 102.00' LOT 27 - 2040 SF S35'56'38"W 102.00' LOT 28 - 2040 SF N o S35'56'38"W — — 102.00_ — SASS , 90 W) LOT 29 - 3264 SF 4 S35'59'34"W \ 7.74' _A \ \ _N35'56'38"E 94.26' S85'06'57"W �5 9.38' OPEN SPACE NOTE: SEE SHEET 7 FOR A-2 � 2 ` 2.0804 AC �\ EASEMENT CENTERUNE TIES L8 HAMILTON COURT 50' R.O.W J 1 O t1�, t�TH OF y j� c) ELL101T RITCHIE, JKf 9 CERTIFICATE NO. No. 1318 suR.v�� IDRAWN BY: DMJ I JOB NO.: 0305028 A=75.17' h C m M 2 -0 m G7 rrl rN a) z m c) rrl Z * m D J n � Z rn -I O 'C C) >cf) 0 Z D O O = O n � C rn N N 22' 40' 04"E 21.65' 35'43'22"E 433.18' N35'59'r4"E 5.64' i LOT 30 I LOT 311 LOT 321 LOT 33 FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 8 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 C) G: -4, C:\DRAWINGS\Namilton Coud\HAMILTON COURT -SUBDIVISION PIATS.dwg • SEE SHEET 5 OF 15 LOT 1 OP I SPA 15 INTERIOR R'ffs— _� 0804 AC SEPARATION BUFFER L1 20 WATERLIN — �y C2 ESMT C8 - •-----� _ 20' SANITARY SEWER `ESMT � rn •. ( •� g cn Olv so' R.0.w ppR% C13 L11 ` 25' ACTIVE BUFFER C77 20' DRAINAGE ESMT 10' INTERIOR RES. C7 SEPARATION BUFFER L• David B. Holliday PIN 86—A 90 r USE: RESIDENTIAL ��► ZONING: RP �z �1Aj,TH OF S. k ELLIOTT RITCHIE, JR. CERTIFICATE NO. No. 1318 l4 SURN��°4 I DRAWN BY: DMJ I JOB NO.: 0305028 cn o� 1 �O o, (A0 N 4- \ m L 0) Underground Storm Detention — Easement KENNETH E. HERBAUGH PIN=86-5—A D.B. 201 PG. 58 ZONING: RP USE: SINGLE FAMILY RESIDENTIAL FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 9 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGS\Haml@on Court1HAMILTON COURT -SUBDIVISION PLATSdog SEE SHE 6 OF 15 LOT 12 tl 20' DRAINAGE EASEMENT LOT 13 20' WATERLINE t'\ , . \ \ EASEMENT �.�`1, OPEN SPACE \ 2.0804 AC , S NOTE: c¢ e L3 \ \ SEE SHEET 9 FOR EASEMENT CENTERLINE TIES m m to 2 m q 0 LE 104.10' LOT 15 LOT 14 —20' DRAINAGE — EASEMENT— cr `--- 25' ACTIVE BUFFER HAMILTON COURT 0 C7 n=45.24' 04 50' RAW 6 — — -- — — L4 — — --�— U) j— +� 75' INACTIVE BUFFER 0 w OPEN SPACE N 2.0804 AC N rri Underground Storm Detention Easement 0 0 oo � 1 Lv ____ ____ N35'5638"E 275.68' Lo 10' INTERIOR RES. ? SEPARATION BUFFER rn c _ _ 231.33' _ S35'59'34"W 719.84' OF � jJfl ELLI�RITCHIE, CERTIFICATE NO. No. 1318 DRAWN BY: DMJ JOB NO.: 0305028 KENNETH E. HERBAUGH PIN=86-5—A D.B. 201 PG. 58 ZONING: RP USE: SINGLE FAMILY RESIDENTIAL FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA In rn m CA S m 0 i� DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 10 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGSVIamilton Court%HAMILTON COURT -SUBDIVISION PLATS.dwg '/ LOT 15 LOT 14 OPEN SPACE 2.0804 AC L_3 (1s.67') 15 5) A=2.12 LA 25' ACTIVE BUFFER o LO �. HAMILTON COURT °1 N N N 50' R.O.W — L4 �+ �^ Cs fA m mUnderground q Storm Detention Easement 0 o OPEN SPACE cn 2.0804 AC in rl INACTIVE BUFFER-- N35*56'38�'E 275.68' A=17.61' � 0 CA i NI'! A=20.99' A=56.05' N '5�6' LOT 27 _LOT 28 LOT 29 S85'06'57"W \ 9.38' \ \ —20' DRAINAGE ESMT�` \ OPEN SPACE 2.0804 AC LOT 30 \ m A=14.51'rn \ I = A=14.06'��\ ( N o A-18.48' \ A=16.21' " .�•Q�. �0'\D SAII IARE \ \ t 20' ESMTAGE \ \ 20 \ rn \ S 4' 11'21 "E \ \ \AESMTNE__' ' 28.89' \ S35'59'34"W 719.84' 20' DRAINAGE ESMT. KENNETH E. HERBAUGH � 110.66' L — — — — — — PIN=86-5-A D.B. 201 PG. 58 eo . ZONING: RP o.2 USE: SINGLE FAMILY a a RESIDENTIAL 1 1 LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES FINAL PLAT OF SUBDIVISION TH_. �� H AM I LTON COURTOPEQUON MAGISTERIAL DISTRICT LLIOCHI E, J R. y FREDERICK COUNTY, VIRGINIA CERTIFICATE NO. No. 1318 5/t�a5 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 11 OF 15 4 LAND suRv PAINTER--LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 c c c C:WRAWINGS\Hamllton Court\HAMRTON COURT -SUBDIVISION PLATS.dwg r LQT 28 LOT 29 N 35' 59' 34"E 5.64' S35'59'34"W 7.747\ AIZGGC�ZO�C \ ,62 m mLn \ Y/>-\v P O O \ N fry O frl (n Io 00N \ to D)D- \ V m a LOT 30 . \ 3103 .. SF (n (-nGEORGETOWNE COURT N N HOMEOWNERS ASSOC. N N N� PIN=86C-2-1A ` D.B. 747 PG. 14 X"V"E „ ZONING: RP 120.35' 18.2s' —N80'S7 W USE: RESIDENTIAL TOWNHOUSES 20.00' 1 20. N35'43'22"E 433.18' S35'59'34"W 184.00' TOTAL �� 5. 0' 20.00' 20.00' 20.00' 20.00' N267 33.00', \ I` In I (n l (n I (n I (n I (n I (n �'•I �I �I F;I ?I �I �I OI OI r' I ONI NI NI NI I I �' O Q) 0) 0) 0) 0) Ol 0) '7 f 'l m m m m m m \m CJI O O O O O O O V V V V V V V \ D O O O O O O O OI OI 0 0 0 0 0 ��I I> I LOT 31 I LOT 32 I LOT 33I LOT 34 I LOT 35 I LOT 36 I LOT 37 \ \ \ o 2140 S 2140 S 2140 SF 2140 SF 2140 SF 2140 SF 3531 SF \ I \ 20'; . ATKRLINE. -1.- F. StAT. :0(f 210700 .' ��• — — 20' DRAINAGE S35'59'34"W 719.84' ESMT SAWIIT RY SEWER 20' DR INAGE ESMT. ES T _ EX. 30' DRAINAGE ESMT x INSTRU NT#0000 2013 1 1 11 N I I I I- 1rI---I--I---�- 1 1 0� 1 r o rb a 1 o m co) 1 r w � a 1 W N 1 c iu LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES �4�PZ,TH OF Gft- t�P ON u ELLIOTT RITCHIE, JR. CERTIFICATE NO. No. 1318 DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Revised: 6-14-05 DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 12 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGS\Hamiltan Cour[\HAMILTON COURT-SUBDMSION PLATS -dog 20'; . ATKRLINE. -1.- F. StAT. :0(f 210700 .' ��• — — 20' DRAINAGE S35'59'34"W 719.84' ESMT SAWIIT RY SEWER 20' DR INAGE ESMT. ES T _ EX. 30' DRAINAGE ESMT x INSTRU NT#0000 2013 1 1 11 N I I I I- 1rI---I--I---�- 1 1 0� 1 r o rb a 1 o m co) 1 r w � a 1 W N 1 c iu LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES �4�PZ,TH OF Gft- t�P ON u ELLIOTT RITCHIE, JR. CERTIFICATE NO. No. 1318 DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Revised: 6-14-05 DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 12 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAWINGS\Hamiltan Cour[\HAMILTON COURT-SUBDMSION PLATS -dog I.7 \ W m \ m � n \ \ \ �n O O Nct N \ -Q1 fey cy) GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2-1 A D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES 5.00' N35'43'22"E 433.18' S35'59'34"W 150.00' (TOTAL) 33.00' 1 20.00' 1 20.00' 1 20.00' 1 20.00' 1 34.00' _p: Z P; Z Z Z (A m m Z V1 P = O O O O O m O Q? Of O O O 0) I O 0 0 0 0 0 o OPEN SPACE 0 C 0 0 0 0 2.0804 AC v \� LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 \ 3531 SF 2140 SF Z 140 SF Z 140 SF 140 SF 3638 SF \ \ 20' WATERLINE \ — ESMT O'.80..0: .O0 . S75' 18' 15"E 3 � DD \ 8 c� 13.35' S 5'59'34"W 719.84' 22. 0' EX. 0' DRAINAGE ESMT I \ rINST UMENT#0 0012013 c r S a y I 31.57' \ �.00' un o \ LEXINGTON COURT 5 ( k HOMEOWNERS ASSOC. X N PIN=86C-3-3A o? N \ 3C 0 INSTRUMENT # 000021102 0m ZONING: RP ocn 07 USE: RESIDENTIAL TOWNHOUSES 0� 0 w i FINAL PLAT OF SUBDIVISION �j TH OF HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT ELLIOTT RITCHIE, & 9 FREDERICK COUNTY, VIRGINIA CERTIFICATE N0. Revised:6-14-05 No. 1318 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 13 OF 15 SUR4 v��o PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 CADRAWINGS\Hamilton Court\HAMILTON COURT -SUBDIVISION PLATS.dwg GEORGETOWNE COURT I HOMEOWNERS ASSOC. C) PIN=86C-2-1 CJn A I D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES N35'43'22"E 433.18' S35'59'34"W 34.00' N33-11'21"E 143.77' v7 cn N O O _ C_ ICn � mS a; �''� z m mz 10 II z mmm OPEN SPACE x _ K LOT 43 2.0804 AC c Z D �IjI m rr- oi I mm 35'56'38"W 20' WATERLINE 327.63' � EASEMENT ,.18 65 (2.75') 20' SANITARY SEWER EASEMENT D S75'18'15"E Z5 .. V ..' �....;� ~' z 17.35' 1 13.35' S35'59'34"W 71 84' S36'21'27"W 108.55' (22. 0 William E. Hughes Lot 20 \ \ \ JUDY H. DECKER Section Section II VILLAGE IAT (35.0 ') Lot 19 SHERANDO \, \ \ VILLAGE AlD.B.844, P.1862 SHERANDO I PIN=86D-3-2-20 \ D.B.823, P.200 ZONING:RP PIN=86D-3-2-19 IUSE:Single Family X a. ZONING: RP 4 \ \ USE:Single Family Residential oso or, o m� Oca_ N� N3� LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES FINAL PLAT OF SUBDIVISION �tiTH �� °r� HAMILTON COURT o '��, OPEQUON MAGISTERIAL DISTRICT r° ELLIOTT RITCHIE, JR. FREDERICK COUNTY, VIRGINIA CERTIFICATE N0. Revised:6-14-05 No. 1318 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 14 OF 15 t`�Nv stnzv`��o¢ PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 C:\DRAWINGS\Hamilton Court\HAMILTON COURT•SUMMSION PLATS.dwg GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2-1A D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES 20' DRAINAGE N35'56'38"E 679.81' EASEMENT 7777S35'56'38"W 4 4 •0 0.• \ \ \ 100.06' L) LOT 5 N m m LOT 4 m ofn Z n O I ITI LOT 3 1 I Op- t LIOTT RITCHIE� CERTIFICATE NO. No. 1318 ��44:suRv��°4 DRAWN BY: DMJ Z\ � o\ OPEN SPACE LOT 2 2.0804 AC i L ;)3 rn LOT 1 a2 �'O 5' INTERIOR RES. Na S PARATION BUFFER \ �� 'Stx- .C2 L1 C3 \ c� o Ca L6 C9 N �5 HAMILTON COURT \ 50' R.O.W \ C13 L11am C12 �+ o. David B. Holliday v'/ PIN=86—A-90 \ V Instr.# / Zoning:RP \ I Use:Single Family FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 15 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 0 0 C. n CADRAWINGSWamOton Court\NAMILTON COURT -SUBDIVISION PLATS.dwg O CD CJ1 C11 VIRGINIA: FREDERICK COUNTY, SCI'. This instr(u�ment of writing was produced to me on d r 16 .OS at �(000L.�- and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of $� > and 58.1-801 have been paid, if assessable G�'st Clerk COMMONWEALTH OF VIRGINIA i i I �j _ ;- Lo i U Z i j I a � � U a ' s o � z ... m , j I H I ' N C DC-18 (1/90) I )ECLARATION OF COVENANTS, CONDITIONS AND RESTRI'TIONS 0500288�4 HAMILTON COURT o w Un e3 Frederick County, Virginia iRANTOR: THE RYLAND GROUP, INC. ;RANTEE: HAMILTON COURT HOMEOWNERS ASSOCIATION Return to: O'HARA & O'HARA, PLC 131 E. Broad Street, Suite 208 Falls Church, Virginia 22046 Attn: Sara T. O'Hara, Esq. c� c.� TABLE OF CONTENTS Paqe ARTICLE I - DEFINITIONS.....................................................................................6 Section1 - Act...................................................................................6 Section 2 - Association.....................................................................6 Section 3 - Board of Directors...........................................................6 Section 4 - Common Area................................................................6 Section5 - County.............................................................................6 Section 6 - Declarant........................................................................6 Section 7 - Declaration......................................................................6 Section 8 - Developer.......................................................................7 Section 9 - Dwelling Unit...................................................................7 Section10 - Lot...................................................................................7 Section11 - Member...........................................................................7 Section 12 - Mortgagee.......................................................................7 Section13 - Owner.............................................................................7 Section 14 - Participating Builder........................................................7 Section 15 - Property...........................................................................7 ARTICLE II - MEMBERSHIP....................................................................................7 ARTICLE III - VOTING RIGHTS................................................................................8 Section 1 - Classes...........................................................................8 Section 2 - Annexation......................................................................8 Section 3 - Multiple ownership interests...........................................9 ARTICLE IV - PROPERTY RIGHTS.........................................................................9 Section 1 - Member's Easements of Enjoyment...............................9 Section 2 - Delegation of Use.........................................................11 ARTICLE V - ASSESSMENTS................:..............................................................11 Section 1 - Creation of the Lien and Personal Obligation of Assessments ..........................11 Section 2 - Purpose of Assessment...............................................11 Section 3 - Annual General Assessment and Annual Service Assessment................................12 Section 4 - Special Assessments...................................................12 Section 5 - Quorum for any Action Authorized Under Section 4 ....12 Section 6 - Working Capital Assessment.......................................13 Section 7 - Rate of Assessment.....................................................13 Section 8 - Notice of Assessment and Certificate ..........................13 Section 9 - Remedies of the Association in the Event of Default..........................................................14 Section 10 - Subordination of the Lien to Mortgages .......................14 Section 11 - Exempt Property...........................................................14 Section 12 - Reserves for Replacements.........................................15 Oil Q W orN Paae ARTICLE VI - RESTRICTIVE COVENANTS..........................................................15 Section1 - Use................................................................................15 Section 2 - Modifications.................................................................15 Section 3 - Laundry .........................................................................16 Section 4 - Sight Lines....................................................................16 Section 5 Vegetation.....................................................................16 Section 6 - Noxious Activity.............................................................16 Section7 - Signs.............................................................................16 Section8 - Animals.........................................................................16 Section9 - Trash..............................................................................16 Section 10 -Antennae ......................................................................17 Section 11 - Paint..............................................................................17 Section 12 - Exteriors of Structures..................................................17 Section 13 - Fences..........................................................................17 Section 14 - Vehicles.......................................................................17 Section 15 - Commercial Vehicles....................................................17 Section 16 - Recreational Vehicles...................................................17 Section17 - Towing..........................................................................18 Section18 - Garages........................................................................18 Section19 - Leases..........................................................................1.8 Section 20 - Declarant's Activities.....................................................18 Section 21 - Rules and Regulations.................................................18 ARTICLE VI - ARCHITECTURAL REVIEW BOARD..............................................18 Section 1 - Composition..................................................................18 Section 2 - Method of Selection......................................................18 Section 3 - Removal and Vacancies...............................................19 Section4 - Officers.........................................................................19 Section5 - Duties............................................................................19 Section 6 - Failure to Act.................................................................20 Section 7 - Enforcement.................................................................20 Section8 - Appeal...........................................................................20 ARTICLEVill- EASEMENTS....................................................................................20 Section 1 - Blanket Easements.......................................................20 Section 2 - Exercise of Easement Rights.......................................20 Section 3 - Encroachments.............................................................20 Section 4 - Development.................................................................21 Section 5 - Utilities..........................................................................21 Section 6 - Release of Public Improvement Bonds .......................21 Section 7 - Declarant -Retained Easement Rights ..........................21 Section 8 - Lawn Maintenance.......................................................21 Section 9 - Sidewalks......................................................................21 Section 10 - Ingress/Egress and Utilities..........................................22 3 �:Faqe ARTICLE IX - PARKING..........................................................................................22 ARTICLE X - PARTY WALLS.................................................................................22 Section 1 General Rules of Law to Apply.....................................22 Section 2 - Sharing of Repair and Maintenance and Destruction by Fire or Other Casualty ........................22 Section 3 - Repairs for Damage Caused by One Owner ...............22 Section 4 - Other Changes.............................................................23 Section 5 - Fences and other Barriers............................................23 Section 6 - Right to Contribution Runs with the Land.....................23 Section7 - Dispute..........................................................................23 ARTICLE XI - POWERS AND DUTIES OF THE ASSOCIATION ..........................23 Section 1 - Discretionary Powers and Duties.................................23 Section 2 - Mandatory Powers and Duties.....................................25 Section 3 - Board Authority to Act...................................................26 Section 4 - Litigation........................................................................27 ARTICLE XII - RIGHTS OF MORTGAGEES...........................................................27 Section1 - Notice............................................................................27 Section 2 - Unpaid Assessments....................................................27 Section 3 - Books and Records......................................................28 ARTICLE XIII- GENERAL PROVISIONS.................................................................28 Section 1 - Enforcement.................................................................28 Section 2 - Severability; Headings; Conflict....................................28 Section 3 - Duration; Amendment...................................................28 Section 4 - Special Amendment.....................................................28 Section5 - Waiver...........................................................................20 Section 6 - Annexation of Additional Property................................29 Section 7 - Withdrawable Real Estate............................................29 Section 8 - Management Contracts................................................29 Section 9 - Dissolution....................................................................30 .19 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 9LW� THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS the "Declaration") is made as of 1)ecEmbeh (:.�) , 2005 by and between THE WLAND GROUP, INC., a Maryland corporation (the "Declarant"); and HAMILTON '.OURT HOMEOWNERS ASSOCIATION, a Virginia non -stock corporation (the 'Association"). RECITALS: A. The Declarant is the owner of Lots 1 through 42, HAMILTON COURT as ie same are duly subdivided, platted and recorded by the "Plat of Subdivision" :corded with Instrument No. 050018348, and resubdivided by the "Revised Final Plat f Subdivision" recorded contemporaneously herewith among the Frederick County, irginia land records. B. The Association is the owner of the Open Space, HAMILTON COURT as same is duly subdivided, platted and recorded by the Plat of Subdivision and bdivided by the Revised Final Plat of Subdivision. C. The Declarant desires to create on the Property (as hereinafter defined) a sidential community which shall have permanent open spaces and other common cilities for the benefit of the community. D. The Declarant and the Association desire to provide for the preservation of he values of the community and such other areas as may be subjected to this )eclaration, and to provide for the maintenance of the open spaces and other facilities, ind, to this end, declare and publish their intent to subject the Property to the covenants, ;onditions, restrictions, easements, charges and liens hereinafter set forth, it being ntended that they shall run with the Property and shall be binding on all persons or m ities having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of each owner thereof. E. The Declarant has deemed it desirable for the efficient preservation of the lues of said community to create an association to which shall be delegated and signed the powers of owning, maintaining and administering the common areas and ;ilities, administering and enforcing the covenants and restrictions made in and rsuant to this Declaration and collecting and disbursing the assessments and charges reafter created. F. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, HAMILTON COURT HOMEOWNERS ASSOCIATION for the purpose of exercising the functions of the Association. 5 a G�3 Cn Cy._ NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to each owner of a Lot, with the express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other owners of Lots in and to the use of any Common Area and facilities; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their respective successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Act" shall mean and refer to the Virginia Property Owners Association Act. Section 2. "Association" shall mean and refer to Hamilton Court Homeowners Association, a Virginia non -stock corporation, its successors and assigns. Section 3. 'Board of Directors" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 4. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on an approved plat of the Property and located within the Common Area's boundaries. Section 5. "County" shall mean Frederick County, Virginia. Section 6. "Declarant" shall mean and refer to The Ryland Group, Inc. and its successors or assigns (i) to whom The Ryland Group, Inc. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, unless otherwise agreed in writing between the co -Declarants, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. Section 7. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. A C� ON 47-7 Section 8. "Developer" shall mean and refer to The Ryland Group, Inc. and its aes if such assignees receive a written assignment from the Developer. Section 9. "Dwelling Unit" shall mean and refer to any improvement to the 'roperty intended for any type of independent ownership for use and occupancy as a asidence by a single household for which a residential use permit has been issued by the ;ounty, and shall, unless otherwise specified, include within its meaning (by way of lustration but not limitation) patio or zero lot line homes, townhouses and detached Section 10. "Lot" shall mean and refer to any plot of land created by and shown a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could constructed in accordance with applicable zoning ordinances, with the exception of the mmon Area and streets dedicated to public use. Section 11. "Member" shall mean and refer to every person or entity who holds membership in the Association, as more particularly set forth in Article II below. Section 12. "Mortgagee" shall mean and refer to any person or entity secured a first mortgage or first deed of trust on any Lot or the Common Area who has notified Association of this fact in writing. Section 13. "Owner" shall mean and refer to the record owner, whether one (1) more persons or entities, of the fee simple title to any Lot, including a contract seller it excluding those holding such interest in a Lot solely by virtue of a contract to purchase Lot or as security for the performance of an obligation. If more than one (1) person or itity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 14. "Participating Builder" shall mean and refer to a person or entity (other than the Declarant) who is regularly in the homebuilding business and who purchases land or two (2) or more Lots within the Property for the purpose of constructing improvements for resale or rental. Section 15. "Property" shall mean and refer to that certain real property described as Lots 1 through 42 and the Open Space, HAMILTON COURT as duly subdivided, platted and recorded by the Plat of Subdivision and resubdivided by the Revised Final Plat of Subdivision, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. ARTICLE II MEMBERSHIP Every Owner of a Lot which is subject by covenants of record to assessment by the Association shall be a Member of the Association. Except for the Class B Member, 7 W CrI 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 Class A membership. No Class A Member shall have more than one (1) membership in the Association for each Lot it owns. ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership by the Article entitled "Membership" herein. Class B: The Class B Member(s) shall be the Declarant. The Class B Member shall have forty-four (44) votes. Class B membership shall cease on the happening of any of the following events, whichever occurs first: (a) ten (10) years from the date of recordation of this Declaration; (b) the completion of construction of all homes within the Property by the Declarant and Participating Builders and the release of all improvement bonds posted with the State, County or other municipal agency by the Declarant or a Participating Builder in connection with the Property; or (c) the recordation among the Land Records of a written instrument signed by the Declarant or its successors or assigns, specifically terminating such rights. Section 2. Annexation. Upon annexation of additional properties pursuant to this Declaration, the Declarant shall have forty-four (44) votes plus one (1) additional vote for each annexed lot. In the event that Class B membership shall have ceased as hereinabove provided, Class B membership shall be revived and the number of votes the Class B Member shall have shall be the number of Lots already subject to this Declaration plus the number of annexed Lots plus one. The Class B membership shall cease on the happening of any of the following events, whichever occurs first: (a) ten (10) years from the date of annexation of the property; (b) the completion of construction of homes within the Property by the Declarant and Participating Builders and the release of all improvement bonds posted with the State, County or other municipal 0 0 W a'% Cn agency by the Declarant or a Participating Builder in connection with the Property; or (c) the recordation among the Land Records of a written instrument signed by the Declarant or its successors or assigns, specifically terminating such rights. Section 3. Multiple ownership interests. If more than one (1) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted, but the Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. In no event shall more than one (1) vote be cast with respect to any Lot owned by a Class A Member. ARTICLE IV PROPERTY RIGHTS Section 1. Members Easements of Enioyment. Every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility located on the Common Area to Members or non -Members; (b) the right of the Association to limit the number of guests of Members or non -Members on the Common Area; (c) the right of the Association, subject to Virginia Code Section 55-513, as amended from time to time, to adopt and enforce rules and regulations governing the use of the Common Area and such other areas of responsibility assigned to the Association by this Declaration; (d) the right of the Association, subject to the limitations and requirements of Virginia Code Section 55-513 as amended from time to time, to (i) suspend the voting rights and/or the right to run for office within the Association for any period during which any assessment against such Member's Lot remains unpaid, (ii) suspend a Member's right to use facilities or services, including utility services, provided directly through the Association for nonpayment of assessments, to the extent that access to the Lot through the Common Areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (iii) assess charges against any Member for any violation of the E (W C71 -.J Declaration or rules and regulations for which the Member or its family members, tenants, guests or other invitees are responsible; (e) the right of the Association to borrow money for the improvement, maintenance or repair of the Common Area or facilities and in aid thereof, with the assent of at least two-thirds (2/3) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, to mortgage the Common Area, subject to this Declaration and the easement of enjoyment created hereby, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby and shall not be in conflict with its designation as 'open space"; (f) the right of the Association at any time or upon dissolution or termination of the Association, and consistent with the then -existing zoning ordinances of the County and its designation of the Common Area as "common open space", to dedicate or transfer all or any part of the Common Area for such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution or termination, any such dedication or transfer shall have the assent of at least two-thirds (2/3) of the Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The resubdivision or adjustment of the boundary lines of the Common Area, the dedication to the County for public purposes, and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (g) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way and easements through or over any portion of the Common Area; (h) the right of the Association to lease the Common Area to Members or non -Members; (i) the right of the Declarant or the Association to resubdivide and/or adjust the boundary lines of the Common Area as either deems necessary for the orderly development of the subdivision; "Easements"; Q) all rights reserved by the Declarant in the Article herein entitled 10 C.J G� co (k) the right of the Declarant and Participating Builders to erect, maintain and operate real estate sales and construction offices, displays, signs and other facilities for sales, marketing and construction purposes; (1) the right of the Declarant or the Association to dedicate the Common Area or portions thereof to the County or Commonwealth for public street purposes; and (m) the right of the Association to assign parking spaces, which need not be assigned to all Lots, and need not be the same number of spaces for each Lot. Section 2. Delegation of Use. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its Lot, the rental agreement shall contain specific conditions which require the tenant to abide by all Association covenants, rules and regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. ARTICLE V ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants, for each Lot owned, 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 instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual General Assessments (as hereinafter defined) or charges, (b) Annual Service Assessments (as hereinafter defined), and (c) Special Assessments (as hereinafter defined) for capital improvements or other specified items. Such assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, late fees, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot in the amount of the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, for the improvement and maintenance of the Common Area, including but not limited to the payment of taxes, construction of improvements and maintenance of services and facilities devoted to these purposes or related to the use 11 0 W a, and enjoyment of the Common Area or other property which the Association has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Annual General Assessment and Annual Service Assessment. (a) The Association must levy in each of its fiscal years an annual assessment (the "Annual Assessment"), against each Lot. The amount of such Annual Assessment shall be established by the Board of Directors and written notice of such shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable as to all Lots within a Section of the Property (as such Section is shown on a recorded subdivision plat) on the first day of the month following the first conveyance of a Lot within that Section to an Owner who is not the Declarant or a Participating Builder. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual General Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights of use which are common to all of the Lots or which the Board of Directors determines shall be shared equally by all the Lots. (c) The Association may also, but shall not be required to, levy in each of its fiscal years a separate annual assessment (the "Annual Service Assessment") against specified Lots within the Property. The amount of the Annual Service Assessment shall be determined by the Board of Directors according to its estimated cost of providing services, reserves or rights of use to the benefited Lots, which services or rights are not enjoyed by all of the Members and are primarily for the benefit of the Members owning the benefited Lots. Section 4. Special Assessment. In addition to the Annual Assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the benefited Lots. To be effective, any such assessment shall have the assent of more than two-thirds (2/3) of the votes of each class of Members, who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which setting forth the purpose of the meeting shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 5. Quorum for any Action Authorized Under Section 4. At the first calling of a meeting under Section 4 of this Article, the presence at the meeting of Members or proxies entitled to cast sixty percent (60%) of all the votes of each class of 12 0 c.a J O Members shall constitute a quorum. If the required quorum does not exist at any such meeting, another meeting may be called subject to the notice requirements set forth in Section 4 and to applicable law, 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 6. Working Capital Assessment. In addition to the Annual and Special Assessments authorized above, the Association shall establish and maintain a working capital fund. At each settlement on the initial sale by a Declarant or a Participating Builder of a Lot for which a use permit has been issued, both the seller (either the Declarant or Participating Builder, as applicable), and the purchaser of such Lot shall pay to the Association a one-time working capital assessment of One Hundred Twenty -Five Dollars ($125.00). Such working capital assessment shall not be considered an advance payment of an Annual Assessment. Section 7. Rate of Assessment. The Annual General Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant or a Participating Builder, and the Annual Service Assessments and Special Assessments shall be fixed at a uniform rate for all Lots benefited by the particular assessment, except for unoccupied Lots owned by the Declarant or a Participating Builder. Any unoccupied Lots owned by the Declarant or a Participating Builder shall be exempt from assessment. During the period of time the Declarant has appointed the members of the Association's Board of Directors, the Declarant and Participating Builder(s) shall fund any budget deficits, including reserves, up to the amount the Declarant or Participating Builder would have paid had it been assessed at the full rate. The Declarant and Participating Builder's obligation under this Section does not include any expenses that the Association is unable to meet because of non-payment of any Owner's assessment or because of unusual or extraordinary expenses. If there are two (2) or more Declarants and Participating Builders, the funding of such budget deficit shall be shared pro rata according to the following formula: The sum of all of a particular Declarant/Participating Builder's "Lot Days" divided by the sum of all of the Declarant/Participating Builders' "Lot Days". A "Lot Day" shall be the number of days in the period of time the Declarant has appointed the members of the Association's Board of Directors. Section 8. Notice of Assessment and Certificate. Written notice of the Annual Assessments shall be sent to every Member. The due dates for payment of the Annual Assessments 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 or authorized agent 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 13 O CJ certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Remedies of the Association in the Event of Default. Subject to the limitations and requirements of Virginia Code Section 55-513, if any assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the assessment shall bear interest from the date of delinquency at the judgment rate provided for in the Code of Virginia. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. A suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's voting rights, right to hold an office within the Association, and right to use recreational facilities or nonessential services offered by the Association to the extent that access to the Member's Lot through the Common Area is not precluded. No assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any properly recorded first trust or mortgage if such first trust or mortgage was recorded before the delinquent assessment was due. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any conveyance in lieu thereof, shall extinguish the lien of such assessments as to payment thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for or the lien of any assessments which thereafter become due or from the lien thereof. Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said assessments. 14 0 GJ Section 12. Reserves for Replacements. The Association shall estNish and maintain a reserve fund for the maintenance, repair and replacement for those parts of the Common Area and improvements located thereon which may be replaced or require maintenance on a periodic basis by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual General Assessment. Such reserves shall be payable in regular installments rather than by Special Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the .replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to the underground storm sewer detention system, play equipment, sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. ARTICLE VI RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential purposes except as provided in Section 20 hereof. The Declarant reserves the right, for itself and any Participating Builder, pursuant to a recorded subdivision or resubdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Dwelling Unit and appurtenant structures, approved by the Association and appropriate County authorities, for use solely by the occupant of the Dwelling Unit. Section 2. No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans and specifications, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board, and, if required, by appropriate County authorities and, where required, appropriate construction permits obtained. "Structure" shall include, but not be limited to, any temporary or permanent building or portion thereof, storage shed, storage container, wall, deck, garden or yard decoration, play equipment, sign, greenhouse, skylight, solar panel, mailbox, fence, pool, pavement, 15 Cw) Gr.9 driveway or appurtenances to any of the aforementioned. If the structure is to be temporary, the amount of time desired shall be included in the application. Section 3. No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. Section 5. An Owner shall, at all times, maintain its property and all appurtenances thereto in good repair and in a state of neat appearance. All grassy areas of a lawn shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed without the approval of the Architectural Review Board. Any County -required approvals must also be obtained before the removal of a tree. Section 6. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which is or may become an annoyance or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 7. The only signs permitted on the Property shall be customary home and address signs, security system signs, and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted Signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to two (2) square feet in total surface area and may not be illuminated. All Permitted Signs advertising the property for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. Section 8. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are kept in compliance with applicable governmental ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. Section 9. Trash shall be collected and stored in trash receptacles only and not solely in plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view except on days of trash collection, except those receptacles designed for trash accumulation located in the Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. M C5 CA) -J Z7. Section 10. To the extent not inconsistent with federal law, exterior television and other antennae, including satellite dishes, are prohibited, unless approved in writing by the Architectural Review Board. The Architectural Review Board shall adopt rules for the installation of such antennae, which rules shall require that antennae and satellite dishes be placed as inconspicuously as possible and screened from view; provided, however, that all such rules relating to antennae and satellite dishes shall not unreasonably delay installation, interfere with reception or increase the cost.. It is the intent of this provision that the Architectural Review Board shall be able to strictly regulate exterior antennae and satellite dishes to the fullest extent of the law and should any regulations adopted herein or by the Architectural Review Board conflict with federal law, such rules as do not conflict with federal law shall remain in full force and effect. Section 11. No person shall paint or re -side the exterior of any building, or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 12. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in a damaged condition for longer than three (3) months, unless expressly excepted by the Board of Directors in writing. Section 13. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. No fence or wall shall be permitted within the ingress/egress and utility easements created in Article VIII, Section 10. Section 14. No inoperable, junk, unregistered, unlicensed or uninspected vehicle shall be kept on the Property or on public streets within the development. No portion of the Property shall be used for the repair of a vehicle. Section 15. No commercial or industrial vehicle, such as but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses, shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Board. Commercial vehicles shall be deemed to include cars and vans in styles normally used for private purposes but painted with or carrying commercial advertising, logos, or business names or containing visible commercial materials. Section 16. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be 17 parked on the Property, other than within a garage, without the prior, written approval of the Architectural Review Board, as to location, size, screening and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. Section 17. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of the covenants contained within this Article, upon twenty-four (24) hours' notice and at the vehicle owner's sole expense. Section 18. No garage shall be converted to living space or altered or used for purposes which would prevent the use of the garage for the parking of the intended number of vehicles for which it was constructed without the prior written approval of the Architectural Review Board and the County. Section 19. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Every such rental agreement must include a provision stating that any failure by the tenant, its household members or guests, to comply with the terms of such documents shall be a default under the rental agreement, and the Owner shall be responsible for enforcing this provision. Section 20. The provisions of this Article shall not apply to the development of or construction of improvements on the Property by the Declarant or a Participating Builder or their assigns. The Declarant or its assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. ARTICLE VI ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant or a Participating Builder owns a Lot within the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When neither the Declarant nor a Participating Builder owns a Lot within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Developer shall appoint the persons to serve on the New Construction Committee. The Board of Directors shall appoint the persons to serve on the Modification and Change Committee. After the termination of the i>1 Class B membership, no member of the Director. The Developer may assign its Declarant by a written assignment. 0 w Modification and Change Committee ray be a rights under this Article to a Declarant or non - Section 3. Removal and Vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors at any time with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting of the Modification and Change Committee of the Architectural Review Board following each annual meeting of Members, the Modification and Change Committee shall elect from among themselves a chairperson, a vice -chairperson and a secretary who shall perform the usual duties of their respective offices. Section 5. Duties. The Committees of the Architectural Review Board shall regulate the external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for proposed alterations or additions to Lots; (b) periodically inspect the Property for compliance with adopted, written architectural standards and approved plans for alteration; (c) adopt and publish architectural standards subject to the confirmation of the Board of Directors; (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Approval by the Architectural Review Board of a correctly filed application shall not be deemed to be an approval by applicable governmental authorities nor a waiver of the applicant's obligation to obtain any required governmental approvals or to comply with applicable local ordinances. 19 O CrJ Section 6. Failure to Act. In the event the Architectural Review Boar fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt of the application sent by Registered Mail or Certified Mail -Return Receipt Requested, approval by the Architectural Review Board shall be deemed granted, except for those applications for additions or alterations prohibited by this Declaration or the architectural standards adopted by the Association, in which case no disapproval is necessary to uphold the prohibition. Failure of the Architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this Declaration at any later date. Section 7. Enforcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. ARTICLE VIII EASEMENTS Section 1. The Declarant grants and the Association reserves a blanket easement to the Association, its directors, officers, agents and employees, to any manager employed by or on behalf of the Association, and to all police, fire, ambulance personnel and all similar persons, to enter upon the Property in the exercise of the functions provided for by this Declaration, Articles of Incorporation, By -Laws and rules of the Association, and in the event of emergencies and in the performance of governmental functions. Section 2. When not an emergency situation or a governmental function, the rights accompanying the easements provided for in Section 1 of this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of, any Owner or tenant directly affected. Section 3. If any improvement on the Property now or hereafter encroaches on any other portion of the Property by reason of (a) the original construction thereof by the Declarant or its assigns, which shall include, but not be limited to, any driveway which encroaches over a Lots boundary line and draining of rainwater from roofs, (b) deviations within normal construction tolerances in the maintenance, repair, replacement or reconstruction of any improvement, or (c) the settling or shifting of any land or improvement, an easement is hereby granted to the extent of any such encroachment for both the encroachment and its maintenance for the period of time the encroachment exists. The owner of the encroaching improvement shall also have an easement for the 20 C cia. limited purpose of maintenance of the encroaching improvement. This easegnt does not relieve any Owner or any other person from liability for such Owner's or other person's negligence or willful misconduct. Section 4. The Declarant and Participating Builders and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction on and development of the Property. Section 5. Until all bonds posted by either the Declarant or a Participating Builder are released, there is reserved to the Declarant a right to grant non-exclusive easements over any Lot or Common Area for the purposes of installing, repairing and/or maintaining. utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant or a Participating Builder or their assigns to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space" designation thereof. Section 6. There is reserved to the Declarant an easement and the right to grant and reserve easements or to vacate or terminate easements across all Lots and Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets for state maintenance with respect to the Property. Section 7. Until all bonds posted by either the Declarant or a Participating Builder are released, there is reserved to the Declarant a right to grant non-exclusive easements over all Lots and the Common Area for the purposes of correcting drainage, re -grading, maintenance, landscaping, mowing, erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wall features, and any other purposes the Declarant deems necessary or desirable for the development of the Property, and for the purpose of executing any of the powers, rights, or duties granted to or imposed on the Association herein. Section 8. The Declarant grants a blanket easement to the Association and its agents and employees to enter upon the Lots to mow the grass and/or to care for, spray, trim, mulch or otherwise protect trees, shrubs and other landscaping on the Lots or specified parts thereof (e.g. front yards) if such is authorized by the Board of Directors. Section 9. The Declarant grants the Association and its Members and their tenants and guests an ingress and egress easement over each community sidewalk located along the front of a Lot. The Declarant grants the Association a maintenance easement over and across each Lot over the seven feet (7') extending from the front Lot line for the maintenance of the sidewalks. Such Association maintenance shall not include snow removal. Snow removal shall be the responsibility of each homeowner 21 v GJ tL� upon whose Lot a sidewalk is located and/or whose Lot abuts a sidewalk located on the Common Area. Section 10. The Declarant grants the Association an ingress/egress and utility easement over the rear five feet (6) of Lots 6 through 21 and Lots 29 through 42 for ingress and egress by the Members and for the installation and maintenance of utilities. The Association can assign the utility easement, in its sole discretion, to public or private utilities providing utility services to the Property. No fences, structures or other obstructions shall be constructed or placed within these easements. ARTICLE IX PARKING The Board of Directors may promulgate such rules and regulations as it deems appropriate to regulate the use of any parking areas that may be constructed or authorized on the Common Area for the benefit of the Owners, which rules and regulations may include assignment of parking spaces for visitors and/or to Lots, which need not be assigned to all Lots and need not be the same number of spaces to each Lot, and the towing of any vehicles parked in violation of such assignment, in fire lanes and in designated "No Parking" spaces, with no notice of towing required and at the vehicle owner's sole expense. ARTICLE X PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Property and placed on the dividing line between Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance and Destruction by Fire or Other Casual . If any such party wall is damaged or destroyed by fire or other casualty or by some cause other than the act of one of the adjoining Owners, its agents, family, household or guests (including ordinary wear and tear and deterioration from lapse of time), then in such event both such adjoining Owners shall proceed forthwith to rebuild or repair the same to as good a condition as formerly, in proportion to their respective uses of the party wall. Section 3. Repairs for Damage Caused by One Owner. If any such party wall is damaged or destroyed through the act of one adjoining Owner, its agents, family, household or guest, whether or not such act is negligent or otherwise culpable, so as to deprive another adjoining Owner of the full use and enjoyment of the wall, then the former shall forthwith proceed to rebuild and repair the same to as good a condition as formerly, without cost to the adjoining Owner. 22 I Section 4. Other Changes. In addition to meeting the other requirements of these restrictive covenants and of any building code or similar regulations or ordinances, any Owner proposing to modify, make additions to or rebuild its Dwelling Unit in any manner which requires the extension or other alteration of any party wall shall first obtain the written consent of the adjoining Owner, whose consent shall not be unreasonably withheld. If the adjoining Owner has not responded in writing to the requesting Owner within twenty-one (21) days of its receipt of the request, such consent of the adjoining Owner shall be deemed received. Section 5. Fences and other Barriers. The provisions of this Article pertaining to party walls shall also govern any fence, other barrier or shared improvement originally installed by the Declarant or Participating Builder (except for fences or barriers installed in connection with construction activities) and to any replacement thereof authorized by the Board of Directors or the Architectural Review Board; otherwise the maintenance of any fence, other barrier or improvement shall be the responsibility of the Owner installing such fence, barrier or improvement unless different arrangements are agreed to by the adjoining Owner. Section 6. Right to Contribution Runs with the Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 7. Dispute. In the event of a dispute between Owners with respect to the repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Board of Directors, who shall decide the dispute. ARTICLE XI POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. The Board of Directors, on behalf of the Association, shall have all powers for the conduct of the affairs of the Association which are enabled by law and not specifically reserved to Members or the Declarant, including but not limited to the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants or restrictions which are imposed by the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall 23 have a duty to enforce the covenants by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the general fund for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and re -sow the grass and to care for, spray, trim, protect, plant and replant trees, shrubs and other landscaping on the Common Area and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; (f) to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including but not limited to those easements specifically reserved to the Association in the Article entitled "Easements" herein; (g) to create, grant and convey easements and licenses upon, across, over and under all Common Area, including but not limited to easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 0) to retain as an independent contractor or employee a manager of the Association and such other employees or independent contractors as the Board deems necessary, and to prescribe the duties of employees and scope of services of independent contractors; (k) to enter (or have the Association's agents or employees enter) on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance or protection of the Property, and to assess the Owner of the Lot the 24 Q,.w. co costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Creation of the Lien and Personal Obligation of Assessments" herein; (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling Unit and any other improvements located thereon if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Creation of the Lien and Personal Obligation of Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to resubdivide and/or adjust the boundary lines of the Common Area but only to the extent such resubdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (n) to adopt, publish and enforce rules and regulations governing the use of the Common Area and facilities and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to (i) suspend the voting rights and/or the right to run for office within the Association for any period during which any assessment against such Member's Lot remains unpaid, (ii) suspend a Member's right to use facilities or services, including utility services, provided directly through the Association for nonpayment of assessments, to the extent that access to the Lot through the Common Areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (iii) assess charges against any Member for any violation of the Declaration or rules and regulations for which the Member or its family members, tenants, guests or other invitees are responsible; (o) to declare the office of a member of the Board of Directors vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (p) to mow the grass and/or to care for, spray, trim, mulch or otherwise protect trees, shrubs and other landscaping on the Lots or specified parts thereof (e.g. front yards). Section 2. Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties: (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots, and to cause the Common Area and facilities to be maintained in accordance with the standards adopted by the Board of Directors; 25 C1J Co W (b) to transfer part of the Common Area to the Declarant, a Participating Builder or to another entity at the direction of the Declarant, for the purpose of adjusting boundary lines, dedicating the Common Area for public purposes, or otherwise in connection with the orderly subdivision or development of the Property, but only to the extent such resubdivision, adjustment, dedication or conveyance does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall .cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' Annual Assessment of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of which the Association is a beneficiary, if available at reasonable cost. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the Common Area, including but not limited to underground storm sewer detention system, tot lot, bike trail, street lights (including the payment of utility costs therefor), recreational facilities, entrance ways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including but not limited to fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) street lights, sidewalks and landscaping that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County requires the Association to maintain (including the payment of utility costs therefor); (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. Section 3. Board Authority to Act. Unless otherwise specifically provided in the Association's documents, all rights, powers, easements, obligations and duties of the Association may be performed by the Board of Directors. Notwithstanding anything to the M W co contrary contained herein, any rules or regulations which are promulgated by the Board may be repealed or amended by a majority vote of the Members cast, in person or by proxy, at a meeting convened for such purpose in accordance with the By -Laws. Section 4. Litigation. No judicial or administrative proceedings shall be commenced or prosecuted by the Association without first holding a special meeting of the members and obtaining the affirmative vote of Members entitled to cast at least seventy-five percent (75%) of the votes of the Class A Members and the consent of the Class B Member, if one exists. This section shall not apply to (a) actions brought by the Association to enforce the provisions of this Declaration, the By -Laws or rules and regulations adopted by the Board (including, without limitation, a suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration or to foreclose a lien for unpaid assessments), or (b) counterclaims brought by the Association in proceedings instituted against it, or (c) claims the Association is required to bring pursuant to an insurance contract, or (d) actions against a contractor for the breach of the contract. ARTICLE XI RIGHTS OF MORTGAGEES All Mortgagees shall have the following rights: Section 1. Notice. A Mortgagee shall be given written notice from the Association of the following: (a) any condemnation or casualty loss that affects either a material portion of the Common Area or the Lot that is the security for the indebtedness due the Mortgagee; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association (d) any proposed action that would require the consent of a specified percentage of Mortgagees. Section 2. Unpaid Assessments. Any Mortgagee, who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure, will not be liable for such Lot's unpaid dues or charges which accrue prior to the acquisition of title to the Lot by the Mortgagee. 27 Cam' GJ CX3 c. t Section 3. Books and Records. A Mortgagee shall have the right to examine and copy at its expense the books and records of the Association during normal business hours and upon reasonable notice to the Association. ARTICLE XIII GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability; Headings; Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation or the By -Laws and this Declaration, the Declaration shall control. Section 3. Duration; Amendment. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants and restrictions of this Declaration shall be automatically extended for successive periods of twenty (20) years each. The covenants and restrictions of this Declaration may be amended in whole or in part with the assent of more than two-thirds (2/3) of the votes of the Members. Any amendment must be properly executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Section 4. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration to make any amendment (a) as it deems necessary to make a non -material, clarifying or corrective change, or (b) required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Fannie Mae or Freddie Mac, or by a local governmental 0 W CC) c:,, agency, as a condition of the approval of this Declaration or any subdivision documents, plats or plans, or (c) it deems necessary or desirable for the development of the Property or the administration of the Association, by the execution and recordation of such amendment, and shall give written notice to the Members of any amendments made pursuant to clauses (b) or (c). This right of the Declarant to amend this Declaration as aforesaid shall survive the termination of the Class B membership. Section 5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (so long as these restrictions are in effect), the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered. Section 6. Annexation of Additional Property. So long as there is a Class B Member, the Declarant may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Area within such areas. After the termination of the Class B membership, the Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Area within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members. Section 7. Withdrawable Real Estate. (a) The Declarant shall have the unilateral right, without the consent of the Class A Members, the Association, any Mortgagee, or any other entity, to execute and record an amendment to this Declaration withdrawing any portion of the Property; provided, however, that not more than five (5) years have lapsed since the date such property was subjected to this Declaration. (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed. Section 8. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts on behalf of the Association for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts, with or without cause, upon thirty (30) days' written notice to the other party and without payment of a termination fee. 29 W CC) -.j Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least two-thirds (2/3) of each class of Members and in accordance with Title 13.1, Chapter 10, Article 13 of the Code of Virginia. [SIGNATURE PAGE FOLLOWS] 30 s WITNESS the following signatures and seals: W co THE RYLAND GROUP, INC. cc a Maryland corporation HAMILTON COURT HOMEOWNERS ASSOCIATION a Virginia non -stock corporation By: Nan Title MMONWEALTH OF VIRGINIA, UNTY OF FAIRFAX, to -wit: toIto&*A - r The foregoing instrument was acknowledged and sworn to before: w 1 "�'�,day IX,I' , 2005' by LIM 7 :,_1__XG' ate ie Ryland Group, Inc. •',�� _ �'_ Notary Public / commission expires: MMONWEALTH OF VIRGINIA, UNTY OF-�%�'�� , to -wit: The foregoing instrument was acknowledged and sworn to before me this day 2005 as=its' of [milton Court Homeowners Association. Notaryy Public f commission expires: �- �;• �' E ilton CourtTedaration X-(12/11/05) VIRGINIA: FREDERICK COUNTY, SCr. ` 31 This instrument of writing was produced tomeon /�✓' �� at -, �' � V a -,_. and with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable A", �0�' .fz- � , — - RYLAN D DEC 6 2005 HOMES® Washington Division -•--- -' 4100 Monument Corner Drive LETTER OF TRANSMITTAL Suite 300 Fairfax, VA 22030 703 502-5200 Tel 703 502-5220 Fax DATE: December 5, 2005 www.ryland.com TO: Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 Attention: Mark R. Cheran, Subdivision Administrator SUBJECT: 59980/Hamilton Court Frederick County, Virginia [sit] The following item is transmitted by Federal Express: COPIES DATE DESCRIPTION 5 12/05/05 Deed of Resubdivision: 1 Original and 4 Photocopies REMARKS: Pursuant to your request, enclosed is the Deed of Resubdivision to accompany the revised Hamilton Court Final Plat of Subdivision that was approved last week. Should you have any questions or require any additional information in order to expedite approvalof the deed, please contact me at 703.502.5245. David A. Ostrander, Director of Planning & Engineering If enclosures are not as described, please notify me at 703.502.5245 I , COMMONWEALTH OF VIRGINIA I i I y 4 T E aD _ } n f T Tyr I� li 1��1 3�Pa Ka N r _ f. vT`r __.... # a ._....__. c� firs 4W a. 'Y _ v Z A; - I i I � ':_ ' T1 .E....". "} t{ r 2 O a I � rn IL g � LL I IC DC-18 (1/90) I � C) Ca.? GJ co 050028823 DEED OF RESUBDIVISION THIS DEED OF RESUBDIVISION is made as of December 5, 2005 by and between THE RYLAND GROUP, INC., a Maryland corporation, its successors and assigns ("Ryland"), Grantor and Grantee; HAMILTON COURT HOMEOWNERS ASSOCIATION (the "Association"), Grantor and Grantee; and the FREDERICK COUNTY BOARD OF SUPERVISORS, a body corporate and politic, its successors and assigns (the "County"), Grantee. RECITALS: A. Ryland is the owner of Lots 1 through 43, HAMILTON COURT (the "Original Lots") as the same are duly subdivided, platted and recorded by Deed of Subdivision and accompanying plat (the "Original Deed of Subdivision") recorded as Instrument No. 050018348 among the Frederick County, Virginia land records (the "Land Records"). B. The Association is the owner of the Open Space, HAMILTON COURT (the "Original Open Space") as the same is duly subdivided, platted and recorded by the Original Deed of Subdivision (the Original Lots and Original Open Space collectively referred to as the "Property"). C. It is the desire and intent of Ryland and the Association to relocate some of the Original Lots and the Original Open Space and to this end, Ryland and the Association desire and intend to resubdivide some of the Original Lots and Original Open Space as shown on the plat entitled "REVISED FINAL PLAT OF SUBDIVISION, HAMILTON COURT", prepared by Painter -Lewis, P.L.C., dated May 9, 2005 and revised through October 7, 2005, which is attached hereto and incorporated herein by reference (the "Plat"), and to convey portions of their respective properties to one another. RESUBDIVISION NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Ryland and the Association resubdivide the Property to be henceforth known as Lots 1 through 42 and the Open Space, HAMILTON COURT, as more particularly shown and described on the Plat. Prepared by and O'Hara & O'Hara, PLC return to: 131 E. Broad Street, Suite 208 Falls Church, Virginia 22046 0 C.J W 110 CONVEYANCE TO RYLAND THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Association hereby grants and conveys in fee simple unto Ryland, with Special Warranty of Title, those portions of the Original Open Space as subdivided by the Original Deed of Subdivision, and no longer contained within the Open Space as resubdivided hereby, to be henceforth a portion of the Lots, all in accordance with the Plat. THIS CONVEYANCE IS MADE SUBJECT TO all restrictions, rights -of -way, easements and conditions contained in the deeds forming the chain of title to this property. CONVEYANCE TO ASSOCIATION THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Ryland hereby grants and conveys in fee simple unto the Association, with Special Warranty of Title, those portions of the Original Lots as subdivided by the Original Deed of Subdivision, and no longer contained within the Lots as resubdivided hereby, to be henceforth a portion of the Open Space, all in accordance with the Plat. THIS CONVEYANCE IS MADE SUBJECT TO all restrictions, rights -of -way, easements and conditions contained in the deeds forming the chain of title to this property. THIS DEED OF RESUBDIVISION is made with the owners' free consent and in accordance with their desires, and in accordance with the statutes of Virginia governing the platting of the land; the Plat having been duly approved by the proper authorities of Frederick County, Virginia, as evidenced by its endorsement thereon. By their signatures hereto, all parties join in the execution of this Deed to acknowledge their consent to their terms and conditions herein expressed and their acceptance of the rights of way herein conveyed. [SIGNATURE PAGES FOLLOW] 2 0 „ Cry WITNESS the following signatures and seals: THE RYLAND GROUP, INC. a Maryland corporation EAL) Title: Assistant Vice President COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged and sworn to before me this \.4 day Of C CCtY)�YI' 2005 by ( hl-) VD&7 as of The Ryland Group, Inc. Notary r6blic K,e�:�t'�.'`• lTit My commission expires;71 ,�� c_ > •: tia I':r 3 HAMILTON COURT HOMEOWNERS ASSOCIATION a Virginia non -stock corporation By: (SEAL) Name: David A. Ostra der Title: President COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged and sworn to before me this tr day ofG►'?�L/" , 2005 by David A. Ostrander as President of. Hamilton Court Homeowners Association. w~ X IT, Notary Public My commission expires:f 4 501 \� SITE VICINITY MAP SCALE: 1" = 1000' APPROVED BY FREDERICK COUNTY SANITATION AUTI VIRGINIA DEPARTMENT OF TRANSPOR FREDERICK COUNTY SUBDIVISION ADS DATE %yDy 05' DATE /D1'_'g17S DATE—3�-'N°u j15 OWNER'S CONSENT 1ge ffl my 6w, Its THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF RYLAP49 119'o __ b� 4; AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES ANDOW1566E^F THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY. Mwo NOTARY PUBLIC STATE OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY UMn ON BEHALF OF . T R'((„p,I•ftj 64QWr'(�(G — NOTARY MY COMMISSION EXPIRES M66641 FWD 6p4Y�V,I,,l. SURVEYOR'S CERTIFICATE I, HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS THE LAND CONVEYED TO . BY DEED DATED MAY 10, 2005, AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA, INSTRUMENT NUMBER ELLIOTT RITCHIE, JR. ALTH OF v jlA ELLIOTT RITCHIE,9 CERTIFICATE NO. No. 1318 %ND sURN,604 REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised:10-06-05 Revised: 8-10-05 DATE: 09 MAY 2005 1 COVER SHEET I SHEET 1 OF 15 PAINTER—LEWIS, P.L.C. DRAWN BY: DMJ JOB NO.: 0305028 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 William E. Hughes JOHN E. McALLISTER Lot 20 JEFFERSON VILLAGE Section II VILLAGE AT SHERANDO t,4 (OPEN SPACE B) D.B.844, P.1862 Z_ PIN=75K-1-1B PIN=86D-3-2-20 w D.B. 760 PG. 1870 ZONING:RP USE:Single Family Residential S Judy H. Decker 148.76 Lot 19 N Lo Section II _ VILLAGE AT SHERANDO GEORGETOWNE COURT N o D•B•823, P.200 io PIN=86D-3-2-19 HOMEOWNERS ASSOC. '01 � ZONING:RP PIN=86C-2-1A — USE:Single Family D.B. 747 PG. 14 M1 Residential ZONING: RP dM USE: RESIDENTIAL TOWNHOUSES L0T 17 d N LOT 18NLOT 18 LEXINGTON COURT � LOT 14 in LOT 37 LOT 13 HOMEOWNERS ASSOC. z LOT 38 r LOT 12 PIN=86C-3-3A LOT 35 LOT 11 INSTRUMENT # 000021102 LO LOT 10 ZONING: RP USE: RESIDENTIAL TOWNHOUSES M S52'20'46"E 202.12' u7 10 9 LOT 30 LOT 29 UM)I N N! V1 fD p O I W� N lV N N N N N - G 00 LO Ia; GEORGETOWNE COURT 0) Iz 00 HOMEOWNER ASSOC.to lO PIN= C m M KENNETH E. HERBAUGH PG. 1 D.B. 747 PG. 4 !� PIN=86-5—A ZONING: RP 'Doi rn USE: RESIDENTIAL TOWNHOUSES 0 $ inn D.B. 201 PG. 58 91 N � M ZONING: RP LO N USE: SINGLE FAMILY '`) RESIDENTIAL z 15' INTERIOR RES. 10' INTERIOR RES. SEPARATION BUFFER SEPARATION BUFFER a N N ~ DAVID B. HOLLIDAY PIN=86—A-90 USE: ZONING: SI GLEPFAMILY RESIDENTIAL ••��tNE 6UET aG `ja doopw 2�5 Ar �P• R�• Z N�2060 P\�8 wV\A R� Revised:10-07-05 Revised:10-06-05 Revised: 8-10-05 Revised: 6-14-05 PyTH OF �r�P ELLIOTT R TCHIE, R. CERTIFICATE NO. No. 1318 LAND SURN�� REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I DATE: 09 MAY 2005 1 SCALE: 1"=150' 1 SHEET 2 OF 15 1 PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ JOB NO.: 0305028 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 ORIGINAL PIN : 86—A-89 CD ZONING: RP (RESIDENTIAL PERFORMANCE) w .-- AREA IN HAMILTON COURT TO BE DEDICATED TO THE COMMONWEALTH OF VIRGINIA AREA IN TOWNHOUSE LOTS AREA IN PARKING AREA IN OPEN SPACE 0.7411 ACRES 2.2468 ACRES 0.7605 ACRES 2.2168 ACRES TOTAL AREA SUBDIVIDED 5.9652 ACRES DENSITY ALLOWED: 8 UNITS PER ACRE DENSITY PROVIDED: 7.208 UNITS PER ACRE MINIMUM SETBACK REQUIRMENTS (TOWNHOUSE): MINIMUM FRONT SETBACK = 20' FROM PARKING AREA AND PRIVATE ROAD MINIMUM ON —SITE BUILDING SPACING = 30' SIDE = 50' FRONT OR REAR PERIMETER BOUNDARY SETBACK = 30' SIDE = 50' REAR NOTE: NO ACCESSORY STRUCTURES OR FENCES SHALL BE LOCATED WITHIN THE INACTIVE BUFFER AREA. ALL PROPERTY CORNERS TO BE SET WITH AN IRON PIN. —20' SANITARY SEWER EASEMENTS \ \ —20' DRAINAGE EASEMENTS —20' WATER LINE EASEMENTS �1&1�tiT H O.P-741IN ELLIOTT IT�IR. a CERTIFICATE NO. No. 1318 ;K 5 DRAWN BY: DMJ JOB NO.: 0305028 REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT Revised:10-07-05 OPEQUON MAGISTERIAL DISTRICT Revised:10-06-05 FREDERICK COUNTY, VIRGINIA Revised: 8-10-05 Revised: 6-14-05 DATE: 09 MAY 2005 SCALE: NONE SHEET 3 OF 15 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CJl CURVE TABLE CURVE ARC DELTA ANGLE I RADIUS I TANGENTI CHORD BEARING CHORD Cl 54.58' 89'21'38" 35.00' 34.61' S 64*25'10" W 49.22' C2 48.81' 15*59'01" 175.00' 1 24.56' N 27'43'51" E 48.66' C3 107.72 35'16'12" 175.00' 55.63 N 53'21'28 E 106.03, C4 76.35' 35*00'00" 125.00' 39.41' S 53'29'34" W 75.17' C5 229.27' 252*37'13" 52.00' 70.76' S 17'41'49" E 83.80' C6 31.68' 72'37' 13" 25.00' 18.37' N 72.18' 11 " E 29.60' C7 73.10' 23'56'01 " 175.00' 1 37.09' 1 S 47'57'35" W 72.57' C8 47.06' 17'58'35" 150.00' 23.72' N 26'44'04" E 46.86' C9 92.33 35' 16' 12" 150.00' 47.68' N 53'21'28" E 90.88' C10 91.62' 35'00'00" 150.00' 47.29' S 53'29'34" W 90.21' C11 33.80' 11*03'59" 175.00' 16.95' S 65'27'35" W 33.74' C12 76.94' 35'16'12" 125.00' 39.73' N 53'21'28" E 75.73' C13 33.01' 15'07'52" 125.00' 16.60' N 28'09'26" E 32.91' C14 55.88' 91'29'31" 35.00' 35.92' N 25*09'15" W 50.13' LINE TABLE LINE BEARING DISTANCE L1 N 35'43'22" E 3.17' L2 N 70'59'34" E 5.27' L3 S 35'59'34" W 235.41' L4 N 35'5934" E 161.92' L5 N 17' 44' 47" E 29.12' L6 N 35'43'22" E 3.17' L7 N 70' 59' 34" E 5.27' L8 S 35'59'34" W 235.41' L9 S 54'00'26" E 27.00' L10 S 70'59'34" W 5.27' L11 S 35'43'22" W 3.17' ELLIOTT RITCHIE, JR. a CERTIFICATE NO. No. 1318 %ND SUR��'�o4 REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Revised:10-07-05 DATE: 09 MAY 2005 SCALE: NONE SHEET 4 OF 15 PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ JOB NO.: 0305028 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 m N x 0 u 35' 10' 15"W 7.55' --�\ GEORGETOWNE COURT HOMEOWNERS ASSOC. DB. 747 PG. 14 C71 ZONING: RP USE: RESIDENTIAL TOWNHOUSES N88'11'16"E N35•,F'�R"� a7a Q1, 25.30' 7 77 o N35'56 38 E 100.00' \N35.56'50 v zLn w `\ o to LOT 5 - 3500 SF o w qI _S35'56'38_W 100.00_ � N 0 g LOT 4 - 2000 SF o O S3.,-j.5 .6 38_'W 10Q,Q0_ - +; O to o (N to LOT 3 - 2000 SF o Im S35'56'38_;W 100_00_ W \1r1j oN 0 a LOT 2 - 2000 SF o S35'56'38"W 100 0 ' � OPEN I SPACE I� w 2.1288 AC o LOT 1 - 3500 SF o I 0 11;-10 S35'56'38"W 100.00' ��in 15 INTERIO SEPARATIO RRES���tx tx L1 N BUFFER C1 C2 as �71 7.� HAMILTO\ so' R,o WCOURTCl C13 L11 � David B. Holliday � PIN=86-A-90 � USE: RESIDENTIAL � ZONING: RP ���PLTH OF U ELLIOTT RI CHIE, JR. a CERTIFICATE NO. No. 1318 v4 I�ND suR�° DRAWN BY: DMJ JOB NO.: 0305028 �V �o z D � WATERI ESMT C O 1 25' ACTIVE BUFFER -- SEE SHEET 9 OF 15 Cj --.. REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised:l0-06-05 Revised: 8-10-05 DATE: 09 MAY 2005 I SCALE: 1 "=30' SHEET 5 OF 15 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 En m m En x m O n Ln 0� V v D Z c) D WATT EASEM Q^ P �1 0 c�a SEE SHEET 5 FOR ADJACENT INFORMATION _ N35'S6�_E 679.81'— p OPEN SPACE o 0 2.1288 AC o ' S35'56'38"W 100.00' o 5.00' � W LOT 21 o LOT 6 - 3050 SFLn O S35'56'38"W 100.00' J a LOT 7 - 2000 SF PI I LOT 20 S35'56'38"W 100_00_ — N LOT 8 - 2000 SF Oo LOT 19 S35 56 38 W 100_00— � JLn 0 0� O LOT 9 2000 SF o 0 LOT 18 O S35'56'38"W 100_00_ ci N N m O N o LOT 10 - 2000 SF o E.,LOT 17 S35'56'38"W 100.00' c qo 10 O— — -- — — N o LOT 11 - 2000 SF o LOT 16 S35'56'38"W 100.00' 0 0 LOT 12 - 2000 SF LOT 15 0 01 1 S35'56'38"W 100.00' o LOT 13 - 3050 SF\o LOT 14 5? 58E sro.() \ot 20' DRAINAG \ N23 49� `\ \ \ - �� EASEMENT _ S35'56'38"W 100.00' �• �\ \ , \ \� \ \ I OPEN SPACE S54'03'22"E 21'78' 2.1288 AC 4 _ ._ Lam_ \ Pr <70 65.90' '- L8 C7� 25' ACTIVE BUFFER HAMISTON COURT 0 R.O.W 041, +° (LALIFf ITC CERTIFICATE NO. No. 1318 SURN�� DRAWN BY: DMJ JOB NO.: 0305028 C 7_ L4 OPEN SPACE SEE SHEET 10 OF 16 2.1288 AC 38.2 1' REVISED FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised:10-06-05 Revised: 8-10-05 DATE: 09 MAY 7005 7 SCALE: 1 "--30' SHEET 6 OF 15 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 U) m m x v O Cl LOT 6 1 1 N LOT 21 — 3050 SF 0 S35'56'38"W 100_00_ LOT 7 Io LOT 20 - 2000 SF C S35'56'38"W 100.00_ N LOT 8 o LOT ,19 — 2000 SF Ln ILL S35'56'38 W 100_00_ rn LOT 9 INIo LOT 18 — 2000 SF N O °i S35'56'38"W 100.00' LOT 10 0 o LOT 17 — 2000 SF lol� _S35'56'38"W 100.00' LOT 11 r) o LOT 16 — 2000 SF o S35'56'38"W 100.00' LOT 12 Ig LOT 15 — 2000 SF _S35'56'38_ 'W 100_00_ LOT 13_.,��� �(�. SEE SHEET 5 FOR ADJACENT INFORMATION _ N35'56'38"E 679.81' OPEN SPACE 59 23 2.1288 AC SZ \ N \\\ Cb S35'56'38"W o . '\ 1 \\ \ 1 8 o \. r r 0 O N•O •'.' \ \ S35'56 38 W 100.00' `'•' ' 20' DRAINAGE EASEMENT A,\ OPEN SPACE W S35'59'34_W \ \ \ \ \ L3 2.1288 AC N --•�S — LOT 14 — 3050 SF �\ "a 0 0 o, N O O c N O O O w O O N56'44'50"W co 8.65' 20' WATERLINE - EASEMENT LOT 22 LOT 23 OT 24 m [LOT rrl 25 D Zm7 D N LOT 26 LOT 27 \ LOT 28 \ i18-06157"E 66.79' 20.50' 19.67' 24.35 $ L8 N 25' ACTIVE BUFFER HAMILTON COURT 50' R.O.W L4 OPEN SPACE o 2.1288 AC SEE SHEET 11 OF 16 6' �P�,TH OF k REVISED FINAL PLAT OF SUBDIVISION o� HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT U LI�TIT R. Revised:10-07-05 FREDERI Revised:10-06-05 CK COUNTY, VIRGINIA CERTIFICATE N0. Revised:8-10-05 No. 1318 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 7 OF 15 PAINTER—LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 N61-09'p4"E 46-96 N00*28'39"W N35*56'38"E 679.81' 33.69 CA) OPEN SPACE 2.1288 AC ct S35*56'38"W 102.00' .9 6'1 2 LOT 22 3570 SF U 0 cn 0 (A rrl Ct I N Z 00 S35*56'38"W 102.00' 00 rTl LOT 23 2040 SF V) Ci S35'56'38"W 102.00' Ln c: 0 m 00 LOT 24 - 2040 SF b I ci rri I a: 0 30 S35'56'38"W 102.00' 1 ;u 0 M X ri cn rrl 0 0 m z Lf) ;u oN CD m 0QLOT 25 2040 SF p 0r 01 0m >0C4z Z S35'56'38"W ci 0) z 0 Vk 0 b 102.00' m rq ;u Z 0 1 U) M N) N LOT 26 - 2040 SF 0 U >W 0 0 �4 U) S35'56'38"W 102.00' C1 z > 0 ! 0 C :E ;u o LOT 27 2040 SF o I m S35*56'38"W 102.00' Ci C4 C4 LOT 28 SF C� 0 N 1 7'36'26"E 3570 13.50' C� m M. S35*56'38"W 102.00' N 18*04'1 O'PE 16.22' N35*43'22"E 433.18' A S85*06'57"W l< 1\5 9.38' NOTE- OPEN SPACE SEE SHEET 7 FOR \A TIES A=2.12 %\2.1288 AC EASEMENT CENTERLINE L8 LOT 29 LOT 30 LOT 31 LOT 32 HAMILTON COURT V\l 50' RAW _j A=75.17' 12 OF 15 0,TH OF Dr REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT ELLIOTT RITCHIE, Revised: 10-07-05 NoFREDERICK COUNTY, VIRGINIA CERTIFICATE NO. Revised: 8-10-05 . 1318 DATE: 09 MAY 2005 SCALE: 1"=30' SHEET 8 OF 15 SURN PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 W O SEE SHEET 5 OF 15 LOT 1 N- SPACE 15 INTERIOR' 1288 AC SEPARATION BUFFER , -``` L1 20 WATERLIN C2 ESMT J Ln C$ -- - --�Q ----- 20' SANITARY SEWER ^' N 9 ESMT ,,; HgMSoTON U .� R.O, W O RT C13 L11 Cl 1 t,o c 25 ACTIVE BUFFER 20' DRAINAGE ESMT 10' INTERIOR RES. SEPARATION BUFFER 2 3 \ Z1 David B. Holliday o\ I o PIN=86-A-90 0\ N �n �0� LTI, USE: RESIDENTIAL - N O ZONING: RP m O s J \c- Irn '� Vo \ Underground \ Storm Detention �(-�- \ Easement \ S35'59'34"W 169.74' f Y U) m KENNETH E. HERBAUGH PIN=86-5-A o D.B. 201 PG. 58 ZONING: RP USE: SINGLE FAMILY RESIDENTIAL tiTH W WW OF REVISED FINAL PLAT OF SUBDIVISION HAMILTON f� COURT E LICi OPEQUON MAGISTERIAL DISTRICT ITT RITCHIE, y FREDERICK COUNTY, Y, VIRGINIA CERTIFICATE NO. Revised:8-10-05 No. 1318 101710.S DATE: 09 MAY 2005 SCALE: 1"=30' T SHEET 9 OF 15 4 �4* suRv o PAINTER. LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 SEE SHEUTI 6 OF 15 LOT 12 20' DRAINAGE EASEMENT LOT 13 20' WATERLINE zlc�"EASEMENT NOTE: SEE SHEET 9 FOR EASEMENT CENTERLINE TIES w LOT 15 LOT 14 —20' DRAINAGE EASEMENT_ 104.10' C10 _ L8 25' ACTIVE BUFFER HAMILTON COURT o C7 A.45.24' 50' R.O.W Uj cn ---�-- L4 ---� Ln I 75' INACTIVE BUFFER 0 ` w OPEN SPACE N 2.1288 AC N M Underground Storm Detention Easement 0 rn O Iu7 0o r � o Z N35'56'38"E 275.68' 10' INTERIOR RES. rn SEPARATION BUFFER _ _ 231.33' _ S35'59'34"W 719.84' m m m m rn KENNETH E. HERBAUGH rn to PIN=86-5—A o D.B. 201 PG. 58 0 N ZONING: RP n OF p 4 rLLll'MTTTl�lTCa CERTIFICATE NO. No. 1318 to/71_s ' LgND sURv��o4 DRAWN BY: DMJ JOB NO.: 0305028 USE: SINGLE FAMILY `" RESIDENTIAL REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised: 8-10-05 DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 10 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 0 I' F ,5 f. I ....: •::. LOT 27 Ut � LOT 15 .Z;.•' ----'— Z (' ..�.;..:. . \ LOT 28 LOT 14 D`�- 30 '::z r:n cp OPEN SPACE \ \ 2.1288 AC \ S85'06'57"W \ 9.38' \ \ L'�"— 20' DRAINAGE ESMT •�% \ \/ OPEN SPACE (19.67') (24.35') A-2.12 2.1288 ACcl —25' ACTIVE BUFFER J a C \ \ \ \ rN S• HAMILTON COURT _ L4 a. En fn c 50' R.O.W \ \ \ / LOT 29 6 m m A-17.61' A=14.51' \ I = m \ m El m Undergrounds, A=14.06'�,\ N q Storm Detention 0_ Easement I L"6 \ ' ' O • \ �, � N w A=20.99A=18.48y, N \ OPEN SPACE A=56.05' 777. cn 2.1288 AC in 32.7:63': A=16.21' r` N 5 INACTIVE BUFFER nA7 \ \ '•2 .: T \ b'\DRAI ARE 1\13a^56'38"E 275.68' \ _\ \ .� \�\ 20 DRAINAGE yE. ESMT \ 20 S14'11'21"E /� \ \ \ WATERLINE, 231.33' 28.89' ESMT. �- S35'59'34"W 719.84' 44ENNETH E. HERBAUGH 110.66' 20 DRAINAGE ESMT. � � — — — — PIN=86-5—A — — — — — D. B. 201 PG. 58 0 ZONING: RP 1 a .s USE: SINGLE FAMILY �53 RESIDENTIAL col, 1 0 1 LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES ��XTH of REVISED FINAL PLAT OF SUBDIVISION H AM I LTON COURT OPEQUON MAGISTERIAL DISTRICT a E I TT RIICHIt, �R. a FREDERICK COUNTY, VIRGINIA Revised:10-07-05 CERTIFICATE N0. No. 1318 Revised:8-10-05 10/7W5 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 11 OF 15 PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 O GEORGETOWNE COURT LOT 28 z N N HOMEOWNERS ASSOC. ^' ^' PIN=86C-2-1ACD So N� D.B. 747 PG. 14 ZONING: RPcn "c .. lm USE:RESIDENTIAL TOWNHOUSES S26'56'55"W W /:; f N80'S7 43 W 18.26' 35.95' I � �. N35'43'22"E 433.18' 35'59'34"E 182.00' TOTAL i' 30.5, ' '\ f 20.00' 20.00, 20.00' 20.00' 20.00' 20.00' 33.00' \ / I i rnrn Rm !) 120.4 \ 1 0 m / (n cn cn (n cn (n (n x �r<v cn to cn cn cn cn CA \ cnm Q O O O O p I 0 o I I ,\ o O W o N o 0 o v o rn V v f l, I I I I OI 0I OI �D'N Z o 0_ 0o ct _ Q\m CD • O D n I I ( I LOT 321 LOT 33 LOT 29 LOT LOT 31 I LOT 34 I LOT 35 I LOT 36 \` "m o T 30 3103 SF 2140 S 2140 SIF 2140 SIF 2140 SF 2140 SF 2140 SF 3531 SF \ I ' ATERLINE I �. SMT \_ E}:50'-.:w...._ 20:00'--_2fl,flQ'00' S35759'34".W 182.00., TOTAL - 1 �N35 59AEC ...«-�"1.E1.S2T!\ m. _..........._ .,h�\ ':w •.,_.,_. ....'�..„ .."_""' ......;:-- � ._: -.-: T ., 73.94'..--.- ti 20' DRRAINAGE S35'59 34"W 719.84' ESMT — SAITIT RT SEWER 20' DR INAGE ESMT. ES EX. 30' DRAINAGE ESMT X INSTRUIAIENT#0000 12013 �P. a ,a m O G� 1 ►- "" w LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES LLIOTT RITCHIE, R. CERTIFICATE NO. No. 1318 4� 'k'0d44.*D SURv � I DRAWN BY: DMJ J JOB NO.: 0305028 REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT Revised:12-01-05 OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised: 8-10-05 Revised: 6-14-05 I DATE: 09 MAY 2005 I SCALE: 1 "=30' I SHEET 12 OF 15 I PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 \Voe\c\DRAWINpS\Hamllton COurt\HAMILTON COURT -REVISED SUBDIVISION PLATS.dwg GEORGETOWNE COURT HOMEOWNERS ASSOC. O PIN=86C-2-1 A (-n D.B. 747 PG. 14- ZONING: RP USE: RESIDENTIAL TOWNHOUSES — 5.00' N35'43'22"E 433.18' nlz�•�nzer , .� .,.,iT,.r.. . 33.00' 20.00' 20.00' 20.00' 20.00' 30.50' Z F Z �; Z �Q. Z Z(n �P• N n OJ O O N O O N O O O O O O O O N O N O N O ONi Ji 0 O� 0 0 0 0 o LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 \ ) 3531 SF 2140 S 2140 SF 2140 SF 2140 SF 3264 SF2 I I. ..._20 00 ..... _. fJ.09' 3 .50�` \I ?00.0u J.•t rr.. Igi:UU _kI.UTAL). �2 S 5'59'34"W 719.84' —� EX. 0' DRAINAGE 00120 3 I S INST UM ANT# y y y + a fi I I I I I I LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES ��"�PLTH OF Grp �o A +J LLI�CHIE JR. a CERTIFICATE NO. No. 1318 ' *1"105 4 &D SURv O DRAWN BY: DMJ JOB NO.: 0305028 In m In x O n l4_1 OPEN SPACE 2.1288 AC ' WATERLINE S75' 18' 15"E 17.35' 'O D D m��rI� � Dz 13.35' 31.57' \ ( � � _00' i \ Ln o \ co w o� \ � (Am x D O 0 O (A CO N3� w `B REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT Revised:12-01-05 OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised: 8-10-05 Revised: 6-14-05 I DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 13 OF 15 1 PAINTER—LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 \\Im\c\DRAWINGS\HamI1Wn Court\HAMILTON COURT•REvISED SUBDIVISION PLATS.dwg GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2-1A I D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES �N35'43'22"E 43�_ S35'59'34"W 30.50' 1 N33' 15'21 "E 147.27' IZ Ln I� 0 LOT 42 I Io V II IO I' 35'56'38"W 2 ' WATERLINE 327.63' EASEMENT N44'2324' 18.85' 1 S35'5 !74"r 71 84' ( (22 OPEN SPACE 2.1288 AC 4D20' SANITARY SEWER EASEMENT S75' 18' 15"E 17.35' \ I OC \ fi X 00 oumi �' o� o N35 LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES or ot�tiTH op' vf� ° %� ELLIOTT RITCHIE, R. v CERTIFICATE NO. No. 1318 4, Df�AWN BY: DMJ S36'21'27' 108.55' JUDY H. DECKER Lot 19 Section II VILLAGE AT SHERANDO D.B.823, P.200 PIN=86D-3-2-19 ZONING: RP USE:Single Family Residential C1l Ui _ L U MO z rr, mz II z rr,m �Dz0 0 D m <r rr CDw v M;FrIl u William E. Hughes Lot 20 Section II VILLAGE AT SHERANDO D.13.844, P.1862 PIN=86D-3-2-20 ZONING:RP IUSE:Single Family REVISED FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT Revised:10-07-05 FREDERICK COUNTY, VIRGINIA Revised: 8-10-05 Revised: 6-14-05 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 14 OF 15 PAINTER-LEWIS, P.L.C. JOB NO.: 0305028 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2-1 A D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES 20' DRAINAGE N35'56'38"E 679.81' EASEMENT N38'38'14"E \ 105.76_ \ N45'49'56"C 116 1\ 1 44, S35'56'38"W 100.06 q'0 cnl cn LOT 5 44d o. o I � N N (n r' LOT 4 M o 0 m LOT 3 —I 0. Ln U, OPEN SPACE y 1 2.1288 AC LOT 2 �4-)3 0. vw 7— ���' CP"� I LOT 1 I aN INTERIOR RES. S PARATION BUFFER C2 L1 C3 7 0)C8 L6e—___ _ �g HAMILTON COURT 50 R.O.W C13 L1 ) C12 cr I o+ David B. Holliday a/ PIN=86—A-90 ci Instr.# Zoning:RP Use:Single Family W .`Y REVISED FINAL PLAT OF SUBDIVISION ?_4PO Tq of G� H AM I LTON b f COURT U LC/'' OFEQUON MAGISTERIAL DISTRICT � 11t, JR. REDERICK COUNTY, VIRGINIA CERTIFICATE N0. Revised:10-07-05 No. ATE Revised:8-10-05 /O/�/olc DATE: 09 MAY 2005T SCALE: 1 "--30' SHEET 15 OF 15 L` * E��4 D SURN PAINTER—LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 VIRGINIA: FREDERICK COUNTY. SCT. This instrument of writing was produced to me on /,�%, "VL5 at 11: `t 0 . ,,—. and with certificate of acknowledgement thereto annexed was admitted to record. 'r imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable Frederick County, Virginia Master Development Plan Application Package Reauest for Master Develonment Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Sti Winchester, VA 22601 (540) 665-5651 Winchester, VA 22 (540) 665-5651 AUG 2 7 =4 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: t?A�"TSC - ?. L. C-. Address: m, SoL,„a -mew - -5` %ZsF- w,MU4ev. ioL. Phone Number: -i�;-to- &(oz.- -> Name of development and/or description of the request: �� 1J It R7N Qzoff-r" Qo "- tL y - Location of property: At—"cx ✓b. z-7-7 P+kz`) Q ea+- -ruz -M AJ 6F , Bvr+511S Q J , \/& 94 1,1, Ik . GIS Manager Comments: THE HAMILTON COURT STREET NAME IS APPROVED AND RESERVED AS PRESENTED IN THE HAMILTON COURT MASTER DEVELOPMENT PLAN DATED Q4zQ8=Q4• (Preliminary structure numbering has been assingned) p Mc �7WM Page 21 APR 0 9 2-004 BY:-------------------- COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER October 19, 2005 Ms. Sonya Summers C/O Painter -Lewis, PLC 116 South Stewart Street Winchester, VA 22601 Ref: Hamilton Court Route 277, Fairfax Court Frederick County Dear Sonya: A VDOT review has been completed on the final plat dated May 9, 2005 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. Please note Mr. Jerry Copp signed a similar plat on 05/23/05 which should be purged upon receipt of the recorded version of the revised plat. The application for subdivision of this property appears to have significant measurable impact on Route 277, Fairfax Pike, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT standards to allow for safe egress and ingress of the property. We are returning five (5) signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. Sincerel Barry J. Sweit2&, -Trans. oadway Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Enclosures xc: Mr. Bob Hawkins Mr Mark Cheran VirginiaDOT. org WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER August 31, 2005 Mr. Jamie Judy C/O Judy Construction 835 Huttle Road Middletown, VA 22645 Ref Hamilton Court Townhouses Route 277, Frederick County Dear Jamie: Enclosed is your approved Land Use Permit #855-7314 to cover the construction and maintenance of one subdivision street connection and roadway improvements at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 277 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. For your information the account receivable number for this project is 00078544. Any inspection costs we incur will be billed to you monthly. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Sincerel - -�-- lA Philip A. Baker Hwy. Permits & Subd. Specialist Sr. PAB/rf Enclosure xc: Mr. C.B. Harris (w/ copy of permit) VirginiaDOT.org Mr. Robert Hawkins, Mr. Bill StovffA&.Vhb*AWppp 4 COMMONWEALTH of \VIRGI IA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEYPIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER July 18, 2005 Mr. Timothy G. Painter, P.E. C/O Painter -Lewis, PLC 116 South Stewart Street Winchester, VA 22601 Ref: Hamilton Court Townhouse Complex Route 277, Fairfax Pike Frederick County Dear Tim: This is to acknowledge receipt of your revised plans dated July 13, 2005 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 49ibbwo"ice for inspections. WE KEEP VIRGINIA MOVING 4 Mr. Timothy G. Painter, P.E. Ref Hamilton Court Townhouse Complex July 18, 2005 Page Two • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • Private entrances will be installed in accordance with VDOT Standard CG-11. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call. Sincer yAL) "W Barry J. Sweitzer, Trans. Roadway Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Robert Hawkins Mr. Mark Cheran REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. s name, address and phone number: Name of development and/or description of the request: Qnn� l-�-nr>, �ni�►r+�nwnhn &Q Com.n1.0 ti .kV4�t p Va. Dept. of Transportation Comments: 277. Fairfax Pike. the VD0T facility which would omvidP arcpcc to the pmpetbY Thic section of street LC, — currently not in the State's Secondary Road System. All entrance design and drainaae features must meet VDOT Signature and Date: 05" R ,� (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. —18— Department of Planning and Development 540/665-5651 FAX:540/665-6395 July 27, 2005 Painter -Lewis, P.L.C. Attention: Timothy G. Painter 116 South Stewart Street Winchester, Virginia 22601 RE: Hamilton Court - Subdivision Design Plan Approval Dear Mr. Painter: This letter is to confirm that the Subdivision Design Plan for Hamilton Court, received by our office on July 19, 2005, has been approved. Enclosed are three (3) full sets of plans for your records and distribution. If you have any questions, please feel free to call me at 540-665-5651. Sincerely, -. Bernard S. Suchicital Planner I BSS/bad cc: David Holliday, 420 W. Jubal Early Dr., Ste. 103, Winchester, VA 22601 Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Patrick Fly, GIS Attachments U: OernardlSDP ReviewslHamilton CourtlHamilton Court SPD Final Apprl.doc 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax.: (540)662-5793 Winchester, VA 22601 email: office@paintedewis.com 19 JULY 2005 Mr. Bernard S. Suchicital Frederick County Planning Dept. 107 N. Kent St., Suite 202 Winchester, VA 22601 RE: HAMILTON COURT TOWNHOUSE COMPLEX Dear Mr. Suchicital: Enclosed, please find for your review and final signature seven (7) sets of plans for the above referenced project. Attached, please find copies of the agency comments for your review. Please do not hesitate to contact this office if you would have any questions or need additional information. i Enclosures JUL 19 2005 0306028 PAINTER-LEWIS, P.L.C. ` Jul.19. 2005 9:05AM VDOT No.13:3 P. 4 r 1:sky ► o�Fj Virginia Department of Transportation Attn: Resident Engineer 14031 Old Vatley Pie Edinburg, Virginia. 22824 (540) 984-S6U0 The local office of the Transportation Department is located at 2275 Northwest(= Pipe in Winobester if you prefer to hand deliver this fo= name, address and phone number: . r- I n„'Ic n 1 A of development and/or deacription of the request: Va. Dept of Transportation Comments: orrRoute � Z77. Fairfax Pike. UM .YDQT.fac!I Y Which would nrnw&- � eft Thte eerhnn nF r m�t,,,� aare * not in the SLOWS Senondary Road S ffitem, All entrance design and drainage features must meet • 'keg- 1ti�■!1► L'Zt�}/a�l� • VDM Signature and Date: (NOTYCETORESMEli T =CE TO Apt It is your reVonsiVity to complete this fbim as acctna* as pos9fthvoWw,Io,wsW the agency with their review. Also, please attach two (2) copies of your applicWon ftm l ou i neap aad all other pertinent information. JUL 1 9 2005 -18- J u 1. 19. 2005 9 ; 04AM VnOT No. 13: 3 P. 2 COMMONWEALTH of VIRGINIA UEPARMOT OF TRANSPORTATION 14031 OLO VALIEYPIKE MEiiQRYA. WHINR EDINBURG, VA22824 Ac=cu rvEntrxnNNVMMNc 810W? July 18, 2005 Mr. Timothy G. Painter, P.E. CIO Fainter -Lewis, PLC 116 South Stewart Street Winchester, VA 22601 Ref- Hamilton Court Townhouse Complex Route 277, Fairfax Pike Frederick County Dear Tim: i 1 JUL 1 9 2005 G This is to acknowledge receipt of your revised plans dated July 13, 2005 for the roferenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with siped seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the atter dance of the conhutor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field a-, ist such that additional measures are warranted, such measures shall be completed to the sat Awtion of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information deeded prior to as :eptance of subdivision streets into the Secondary System. This is the responsibility of the dev eloper. • All drainage is to be carried within the right-of-way in ditch line: or gutters along the street to a pipe or drainage easement. • The contraetor shall notify VDOT when work is to begin or cease for any undet mnined length of time. VDOT will also require 4fta=Wice for inspections. M 90 V/RGINN MOVING J u 1. 19. 2005 9: 05AM VOOT No. 13' 3 P. 3 Mr. Timotby G. Painter, P.E. Ref: Hamilton Court Townhouse Complex July 18, 2005 ,FW Two • The appropriate land use permits shall be obtained before any. work is performf d on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned l nspector. • Private entrances will be installed in accordance with VDOT Standard CG 11. Tus is the developer's responsibility. • Any entrances constructed from the referenced streets) Shall meet VDOT i ninimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-o!'-way be backfilled completely with C.H. Type 2I B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way ;required for implemer tation of this proposed project should be provided for VDOT review prior to issuance of any land use Permit. Should you need additional information, do not hesitate to call. Barry J. Sweitzer, Trans. Roadway Engineer For. Lloyd A. Ingram, Transportation Engineer WS/rf Attachments xc: Mr. Robert Hawkins Mr. Mark Chemn )VEST FOR SUBDIVISION CON" ;NTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22604 (540)665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd Floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: -LPu)►S p. L. e . . 1 t le S . ` Apuoa. 4 S4.. VJine-he.S-tp.r slid ZZ(aU CSgb) 6 Lp2 - 5,ja z Name of development and/or description of the request: Hmol �6n Ntm-A Mu)nhouSQ 0-ompleX Inspection Department Comments: aULle tT-M t" Aark- ,of.0 7,41S 4-nd Code Administrator Signature & Date: ^C�),.�,Q�w (NOTICE TO INSPECTIONS DEPT. *P� � ASE RETURN THIS FORM It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Townhouse dwellingsshall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Additional engineering may be required on the foundations of lots # 1, 2, 3, 11, 12, and 13, because of the existing storm ditch crossing area. PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax.: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com Or- 9 JUNE 2005 Mr. John Whitacre Frederick County Sanitation Authority P. O. Box 1877 Winchester, VA 22604 i RE: HAMILTON COURT t J, J U L 1 9 2009 i i Dear Mr. Whitacre: Enclosed, please find for your review/approval (2) sets of plans for the above referenced project. Your comments made on May 27, 2005 have been addressed. Please do not hesitate to contact this office if you would have any questions or need additional information. Sincerely, ony ers Enclosures '3/Lf/ A FY/�'w - oARPROV.E4 45 A/07-,,To Sr�vQ �,E / TiF,it a M Yl-.4,4 O/ $ fie, , rS /, ; 12� /? /y 0305028 / 3 d U/1/e' PAINTER-LEWIS, P.L.C. Control number SD04-0018RR Project Name Hamilton Court Address 116 S.Stewart Street Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plans approved as submitted. Date received 5/19/2005 City Winchester Tax ID Number 86-A-89 & 90 Date reviewed 5/23/2005 Applicant Painter -Lewis P.L.C. State Zip VA 22601 Fire District 11 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Date Revised 5/12/2005 Applicant Phone 540-662-5792 Rescue District 11 Election District Opequon Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature �� • Yes Timothy L. Welsh Title RM PLA REQUEST FOR SUBDIVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540)665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 2nd Floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review. s name, address and phone number: (SLID) LDU?-S"?97- Name of development and/or description of the Comments: (fe� "16.;2, Signature and Date: (NOTICE TO ENG] V,A ?Ztoo I G DEPT.*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible c with their review. Also, please attach two copies of your plans and/or ;aicL$tidh 4' J U L 1 9 2005 _22_ REQUEST FOR SUBDIVISION COMIV MNTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540)722-3480 650312- (9MLT77El- MAR 3 0 1005' BY-------------------- The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand deliver this form. name, address and phone number: 'l9 2 Name of development and/or description of the 1-�n irvt� 1-Ir� n Onii,4-17WnhnuSP- Location: Health Department Comments: Signature and Date: NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possibli}hrr a the agency with their review. Also, please attach a copy of your applicatiojg % loeatr inap and all other pertinent information. , J U L 1 9 200E -19- Request for Street Name Comments MAR 2005 Subdivision Comments Frederick County Department of Geographic Information Services (GIS) Attn: Marcus Lemasters, GIS Director 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5651 The GIS Department will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Address: 1 i to 8 . S4 Lorif + S+rR R-+ Winche,s,+P_t', VA ZZ toy 1 Phone number: (640) Ul02 - 5 "1 q 2 Name of development and/or description of the request: H O rK t 1+-rn CoLLr -1- __ 1 ownhou5a- 1 t1mt�1Q_�L Location of property: GIS Dept. Comments: No road name revisions were noted from the plan dated April 8, 2004. The Road Name... Hamilton Court, is still reserved and in the Frederick County System, for use in this subdivision. Structure numbering will be assigned during the permitting/construction. PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540) 662-5792 116 South Stewart Street fax.: (540) 662-5793 Winchester, VA 22601 email: office@painterlewis.com June 30, 2005 Mr. Bernard S. Suchicital County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 RE: Hamilton Court Townhouse Complex Mr. Suchicital, Enclosed please find revised plans for the Hamilton Court Townhouse Complex Site Plan. The plans have been revised to address the comments made by you and the Frederick County Planning Department staff. The comments concerning the Site Plan have been addressed as follows: 1. On Sheet 5 of 17, the width of the drivways serving parking lots must be at least 24 feet in width, plans have been changed to reflect this minimum. 2. On Sheet 3 of 17, the setbacks from Hamilton Court right-of-way must be at least 35 feet. This does not apply since the dimension meets the side setback of 30 feet. 3. On Sheet 5A of 17, label all recreational units. A note was added to see the table for recreational units legend on the appropriate sheet. 4. On Sheet 8 of 17, regarding Note 5, include that, "All plantings shall confonn to Section 165-36B of the Frederick County Zoning Ordinance." The note has been added below the plant list 5. On Sheet 8 of 17, regarding Note 11, include that, "All substitutions must be approved in writing by Frederick County Planning Department." Note 11 on Sheet 8 has been revised to reflect substitutions note. 6. On Sheet 8 of 17, a landscape screen shall be installed along Rt. 277 and the single family house as part of the Road Efficiency Buffer criteria. Road Efficiency Buffer has been extended to include the single-family house as part of the buffer. #0305028 PAINTER-LEWIS, P.L.C. HAMILTON COURT SITJune 30, 2005 7. On Sheet 8 of 17, amend the Proposed Perimter Residential Separation Buffer Plant List. American yellowwood, showy border forsythia, pfitzer, juniper, and leatherleaf viburnum are not approved buffer plants. Under Frederick County Zoning Ordinance 165-36B under the screen approved plant list there are no deciduous plants in the list, there is no other screen plant list available. Under the Ordinance Full Screen description everything under the Landscape Screen still applies, this means that there has to be 1/3 deciduous plants in the screen which conflicts with the plant list. The deciduous plants chosen are on the Frederick County Approved Plant List to fulfill the deciduous requirement in the buffer. 8. On Sheet 9 of 17, on the Hamilton Court typical profile, increase the sidewalk to five feet wide according to VDOT standards. The profile has been changed to reflect that the sidewalks are five feet wide. 9. On Sheet 5 of 17, identify a five foot wide sidewalk along Fairfax Pike (Rte. 277) to VDOT standards. A five foot wide sidewalk has been added along Fairfax Pike (Rte. 277) If you should have any questions or concerns regarding these revisions or any other matters associated with this project please feel free to contact this office anytime. Thank you for your time. Sincerely Yours, " 9MUD Richard E. Davis Project Designer #0305028 PAINTER-LEWIS, P.L.C. coe� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 July 7, 2005 Painter -Lewis, P.L.C: Attention: Timothy G. Painter 116 South Stewart Street Winchester, Virginia 22601 RE: Hamilton Court - Subdivision Design Plan Approval Dear Mr. Painter: This letter is to confirm that the Subdivision Design Plan for Hamilton Court, received by our office on June 10, 2005, is approvable. Please provide us with a minimum of five full sets of plans, signed by the owner and engineer, for approval and distribution. In addition to the five full sets of plans, include any additional cover sheets as needed. If you have any questions, please feel free to call. Sincerely, Bernard S. Suchicital Planner I BSS/psd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 July 7, 2005 Painter -Lewis, P.L.C. Attention: Timothy G. Painter 116 South Stewart Street Winchester, Virginia 22601 RE: Hamilton Court - Subdivision Design Plan Approval Dear Mr. Painter: This letter is to confirm that the Subdivision Design Plan for Hamilton Court, received by our office on June 10, 2005, is approvable. Please provide us with a minimum of five full sets of plans, signed by the owner and engineer, for approval and distribution. In addition to the five full sets of plans, include any additional cover sheets as needed. If you have any questions, please feel free to call. Sincerely, Bernard S. Suchicital Planner I BSS/psd I a awe COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 June 21, 2005 Painter -Lewis, P.L.C. Attention: Timothy G. Painter 116 South Stewart Street Winchester, Virginia 22601. RE: Hamilton Court - Subdivision Design Plan 2nd Review Dear Mr. Painter: I have had the opportunity to review the Subdivision Design Plan (SDP) for Hamilton Court received by our office on May 19, 2005. Please address the following comments: 1. On Sheet 5 of 17, the width of driveways serving parking lots must be at least 24 feet in width. Address the plans to reflect this minimum. 2. On Sheet 3 of 17, the setbacks from the Hamilton Court right-of-way must be at least 35 feet. 3. On Sheet 5A of 17, label all recreational units. 4. On Sheet 8 of 17, regarding Note 5, include the following text: "All plantings shall conform to Section 165-36B of the Frederick County Zoning Ordinance." 5. On Sheet 8 of 17, regarding Note 11, include the following text: "All substitutions must be approved in writing by Frederick County Planning Department." 6. On Sheet 8 of 17, a landscape screen shall be installed along Rt. 277 and the single family house as part of the Road Efficiency Buffer criteria. 7. On Sheet 8 of 17, amend the Proposed Perimeter Residential Separation Buffer Plant List. American yellowood, showy border forsythia, pfitzer juniper, and leatherleaf viburnum are not approved buffer plants. 8. On Sheet 9 of 17, on the Hamilton Court typical profile, increase the sidewalk to five feet wide according to VDOT standards. 9. On Sheet 5 of 17, identify a five foot wide sidewalk along Fairfax Pike (Rt. 277) to VDOT standards. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 N Mr. Timothy G. Painter RE: Hamilton Court June 21, 2005 Page 2 The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, %' 3. s Bernard S. Suchicital Zoning Inspector BSS/bad cc: David Holliday, 420 W. Jubal Early Dr., Ste. 103, Winchester, VA 22601 U.-OernardlSDP ReviewslHamilton CourtlHamilton Court SPD 2nd Rev. doc PAINTER-LEWIS, P.L.C. 9Z-1u1AY 1 9 2005 CONSULTING ENGINEERS tel.: (540)66$-57 116 South Stewart Street fax.: (540)662-�7.43 Winchester, VA 22601 email: office@painte�!et(is.com VAUT0101iIM, Ms. Candice Perkins Frederick County Planning Dept. 107 N. Kent St. Winchester, VA 22601 RE: HAMILTON COURT TOWNHOUSE COMPLEX Dear Ms. Perkins: Enclosed, please find for your review and approval a set of revised plans for the above referenced project. All comments have been addressed. Please do not hesitate to contact this office if you would have any questions or need additional information. Sincerely, on �aers Enclosure C: Mr. John Whitacre - (2) sets of plans Fred. Co. Sanitation Authority Mr. Tim Welsh - (1) set of plans Fred. Co. Fire Marshal 0305028 PAINTER-LEWIS, P.L.C. REQUEST FOR SUBDIVISION COMMENTS ato Frederick County Public Works Department' ' , APR 28 rQ� Attn: Director of Public Works/Engineering L 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540)665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 2nd Floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review. s name, address and phone number: (SLttu) L0102-579Z . Name of development and/or description of the request: Comments: _ Signature and Date: (NOTICE TO ENG: V,A ?-Z(oo I G DEPT.*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form. —22— CK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 27, 2005 Timothy G. Painter Painter -Lewis, P.L.C. 116 South Stewart St Winchester, Virginia 2260.1 RE: Hamilton Court: Subdivision Design Plan Review Dear Mr. Painter: I have had the opportunity to review the Subdivision Design Plan (SDP) for Hamilton Court received by our office on March 30, 2005. Please address the following comments: 1. Title: The title should state that this plan is a Subdivision Design Plan. 2. Signature Line: The signature line is for the Subdivision Administrator as opposed to the Zoning Administrator. 3. Parking Lot Entrance. The width of driveways serving parking lots must be at least 24 feet in width. Address the plans to reflect this minimum. 4. Building Setbacks. Setbacks from the Hamilton Court right-of-way must be at least 35 feet. 5. Recreation Units. Label each recreational unit. 6. Interior Residential Separation Buffer. The interior residential separation buffer must be a minimum of ten feet. The plan has the buffer labeled as "width varies." Please verify that the width of the buffer is at least ten feet. 7. Perimeter Separation Buffer. Indicate if the full screen on the southeastern property line will include a six foot opaque hedge, fence, wall, mound, or berm. 8. Road Efficiency Buffer. Indicate that a six foot berm will be used as part of the reduced distance buffer. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Timothy G. Painter Re: Hamilton Court April 27, 2005 Page 2 Please address the above comments and resubmit. I have enclosed a marked copy of the plans for your review. Please feel free to call with any questions. Sincerely, Patrick K Sowers Planning Technician Attachment cc: David Holliday, 420 West Jubal Early Drive, Suite 103, Winchester, VA 22601 PRS/bad APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: LS - 05 Application # /0 - VFee Paid 29 ?oao Applicant/Agent*- Q% AC('- 1.r-wtS ice. L•e Address: j % l.o SOLD-4Ir1 S+et0O-r -V Wnc _hen--kcr _ VA 2210 0 t Phone: (e 40) 6ln2 - 5 -I C12 Owners name: M r . -I)C'y W d B . 0 011 % ct cL�l Address: �-i20 MI • Jubo_I 'EcLt- Iy Su►+e IU3 W t0che.5-1-1- VA ZZ to o 1 Phone: (54D) loLo-1 - 4?lA3 Please list names of all owners, principals and /or majority stockholders: Contact Person: Mf . 1►mo h �/ �' �a ►n-�e Y' Phone : (SLIO) 1p ln2 - S "1 9 2 Name of Subdivision: �-io�rr' , 140 1 C'U lr -Tv�n %'10 u5e. �nrv-QIL V Number of Lots L4 6 Total Acreage 15. -1 2-5 G-creS Property Location: AXor1Ci Rgt&-+e- 217 (�a►r�t1�C�►kG� V-recAertc-K Couxn%l \/trCa1rl c , (Give State Rt.#, name, distance and direction from intersection) Magisterial District ®iDe-q (lo n Property Ider fMation Number (PIN)) lut(A)) 90 8 F_' MAR 3 0 Property zoning and present use: K P - Adjoining property zoning and use: RA 3 RP - S►rna J Q- Fwm% 1 V 'Rs. 3. RQSlde_ Aial Te,wnh(bu.SP S Has a Master Development Plan been submitted for this project? ✓ Yes No If yes, has the final MDP been approved by the Board of Supervisors? ✓ Yes No What was the Master Development Plan title? W&Y�i 4on Cow I -ToSIL. &(WPt--X. Does the plat contain any changes from the approved MDP? If yes, specify what changes: Minimum Lot Size (smallest lot): O.OL115 c)x-t e S Yes No Number and types of housing units in this development: 145 - 13 b &droyrny-rnt k-5 I have read the material included in this package and understand what is required by the Frederick County Planning Department I also understand that all required 'material will be complete prior to the submission of my site plan. iQnatu�e: Date: `6 - ZO -0S W 0 9 W. mom W 3 O FREPER'' Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) U` o V l& 6, 0 C)1 l 1 C, (Phone) 6g b i LoLy� Z t 2D (Address)g 20 w - -,A .W - J �(a _(I lU f)e . , Si l �+ e i n -*:� W ► n che-AD f VA the owner(s) of all those tracts or parcels of land ("Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. bgpb2.4 q 2 � on Page p p 1 , and is described as Parcel: to _ Lot: Ci 6 Block: Section: �L Subdivision:} - do hereby make, constitute and appoint: (Name) Q0.vf QX - � Ei1Jl S . P . L . �' • (Phone) C S L4 0) b (D 'Z _ S -19 2- (Address) 1 \ Ip S - SNk u)QJ-k & . � N igClrll? S+U , VA ZZl , O 1 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) Jal Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it as otherwisp rescinded or modified. In witness thereof, ,II (we) have hereto set my (our) hand and seal this day of I L 200 S Signature(s) State of Virginia, City/C-eunty of To -wit: M o „� , A - -6,,Rs , a Notary Public in and for thdWction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared beNAP d has acknowledged the same before me in the jurisdiction aforesaid this 1 day of A�"-: 2005 7 My Commission Expires: D 3 Notary Public a ma%.o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederickva.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) t o v i & >, 0 ou 1 CL (Phone) «LJ d i Loop - Z 1 ZD (Address)'AZO W - 3&- O Ala d q I C- . � c,� �-f Q 103 W 1 n che.S+.o f UA the owner(s) of all those tracts or parcels of land ("Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. r g0b2.4 q 2. � on Page _ D 01 , and is described as Parcel: 90 Lot: g6 Block: A Section: R Lo Subdivision: J]r,-rn,t l.our - do hereby make, constitute and appoint: (Name) P0-wA QX - � P-Lok S, o C . (Phone) C 5 cI U) Lp (0 2 - S -19 Z (Address) 111.Q S - Sal; wJ fA- a _ . N \nChP-S+" , VA ZZ To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) J1 Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwisp rescinded or modified. In witness thereof, --I (we) have hereto set my (our) hand and seal this �f- day of 1 L 200 S Signature(s) State of Virginia, City/Cy of To -wit: I,— M 0 1 1 1 is . -U cq- ; , allotary Public in and forthsdictionaforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared bef5ij has acknowledged the same before me in the jurisdiction aforesaid this 1 day of2005 ' �-� --� My Commission Expires: O 7- 3 /- U 6 Notary Public a 6.&%M PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 1 APRIL 2005 Ms. Candice Perkins Frederick County Planning Dept. 107 N. Kent St. Winchester, VA 22601 Re: Hamilton Court Townhouse Complex Route 277 (Fairfax Pike) Frederick County, Virginia Dear Ms. Perkins: tel.: (540)662-5792 fax.: (540)662-5793 email: office@painterlewis.com Enclosed, please find for your use a signed Limited Power of Attorney and a check for submittal fees for the above referenced project.. Please do not hesitate to contact this office if you would have any questions or need additional information. Sincerely, on ers Enclosures AN " 5 �005 it ._f r 1. i. �j u.TY PLAN !, i < i'i�11!T 0305028 PAINTER-LEWIS, P.L.C. PAINTER-LEW139 P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax.: (540)662-5793 Winchester, VA 22601 email: office@painteriewis.com 30 MARCH 2O05 Ms. Candice Perkins Frederick County Planning Dept. 107 N. Kent St. Winchester, VA 22601 Re: Hamilton Court Townhouse Complex Route 277 (Fairfax Pike) Frederick County, Virginia Dear Ms. Perkins: Enclosed, please find for your review and comment (2) sets of plans and a completed Subdivision Application for the above referenced project. I will forward the Limited Power of Attorney and submittal fee upon receipt. Please do not hesitate to contact this office if you would have any questions or need additional information. Sinxerely, ers Enclosures _7 7- Pl_!! 0305028 PAINTER-LEWIS, P.L.C. ('-O .(yxI MIMS= Document Approval For FREDERICK COUNTY PLANNING1& DEVEIGHAENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE WITIAL AND PROVIDE THE DATE AND TDa OF YOUR APPROVAL. IF T HIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTSAS TO WHAT YOU WOULD LISE TO NAVE COMPLETED. DATE & TIME Da Eric COMMENTS: Received by Clerical Staff (Date & Time) P5 P : (5 L4 jG(05 J e06ii 142005 14:04 5406625 93 PAINTERLEWIS ■ ■ JUN 4 2005 1 l i l z I I 11 I F 11 I It ,1 1 l4 il,,,, From: Sonya Summers Date: June 14, 2005 To: Mark Cheran Time: 1:39:27 PM. Company: Frederick Co. Planning Dept. FAX : 540-665-6395 Number of pages including this one: 16 Proj. No,: 0305028 RE: FINAL PLAT OF SUBDIVISION HAMILTON COURT Enclosed, please find for your review and comment a final plat of subdivision for the above referenced project. We would like to make any changes if any before sending plats for the owner's signature. Please do not hesitate to contact Joe Ritchie or myself with any questions or if you would need additional information. ass VOICE:540-662-5792 FAX:540-662-5793 PAGE 01/16 J 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 02/16 -SITE VICINITY MAP SCALE: 1" = 1000' APPROVED BY FREDERICK COUNTY SANITATION AUTHORIT VIRGINIA DEPARTMENT OF TRANSPORTATION FREDERICK COUNTY SUBDIVISION ADMINISTRA OWNER'S CONSENT DATE / 3914Wv DATE 0 DATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF RYLAND HOMES, INC, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND WISHES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY. RYLAND HOMES, INC. DATE NOTARY PUBLIC STATE OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY ON BEHALF OF RYLAND HOMES, INC. NOTARY MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I, HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS THE LAND CONVEYED TO RYLAND HOMES, INC. BY DEED DATED MAY 10. 2005, AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA, INSTRUMENT NUMBER Zvi 9 ELLIOTT RITCHIE, JR. ��.UTH OF vl�A ?LLICOTON&ITCe-HII�JR. CERTIFICATE NO. No. 1318 SURv�,�o4 DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 1 COVER SHEET I SHEET 1 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 rAD"WINGSAftr0kam Coot\M-ULTM 00MT-6 MjvtSION RATS.dm 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 03/16 JOHN E. MCALLISTER JEFFERSON VILLAGE (OPEN SPACE "B") PIN=75K-1-18 D.B. 760 PG. 1870 GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2—IA 0 7 D.B. 747 PG. 14 Mi� ZONING: RP to LOT 43 USE: RESIDENTIAL TOWNHOUSES 48 W 601 41 N N LOT 40 MWT So WT 30 Z WT 37 S52'20'46"E 202.12 raT 3z Lar M N �pj 1p FF tAT 30 �Qp,Ir CpMO � N N [yail � N I GEORGETOWNE COURT °0 HOMEOWNER ASSOC. PIN=86C-2—IA `O D.B. 747 PG. 14ZONING; RP Ca w USE: RESIDENTIAL TOWNHOUSES i' In I In r� z N 1D 15' INTERIOR RES. SoroN BUFFER William E. Hughes Lot 20 VILLAGE AT SHERANDO 0.8.844, P.1862 PIN=86D-3-2-20 ZONING:RP USE:Single Family Residential Judy H. Decker Lot 19 N In Section II VILLAGE N AT SHERANDO o D.B.823, P.200 PIN=86D-3-2-19 1n ZONING:RP USE:Single Family Residential tar to WT 16 roT La LEXINGTON COURT aa��� t9.__ HOMEOWNERS ASSOC. rafts PIN=86C-3-3A LL LOT LO INSTRUMENT # 000021102 ZONI G: RP M USE. RESIDENTIAL TOWNHOUSES Ln o � a 0 I 4 M KENNETH E. HERBAUGH a, PIN=86-5—A 201 PG. 58 ZONING: RP to USE: SINGLE FAMILY RESIDENTIAL 10' INTERIOR RES. SEPARATION BUFFER + ro DAVID_Q. HOLLIQAY f Z ONING RP U USE. SINGLE FAMILY � eu RESIDENTIAL 56 Z77 Oro, Fp1�lC� � w10�N R�w Fp,\R vP 0' 150' 300' 450' Revised: 6--14-05 ���LTH OF D ELLIOTT RITCHIE, JR. CERTIFICATE NO. No. 1318 Z� Svtzv�aj DRAWN BY: DMJ FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 SCALE: 1' =150 Fo�SHEET 2 OF 15 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET JOB NO.: 0305028 WINCHESTER, VIRGINIA 22601 540-662-5792 CADRAW NOS\NAmpyM CNOWAMILTON CDUR '"DMMM pu75,dVjq 06/14/2005 14:04 5406625793 PAINTERLEWIS ORIGINAL PIN 86—A-89 ZONING: RP (RESIDENTIAL PERFORMANCE) AREA IN HAMILTON COURT TO BE DEDICATED TO THE COMMONWEALTH OF VIRGINIA 0.7411 ACRES AREA IN TOWNHOUSE LOTS 2.3709 ACRES AREA IN PARKING 0.7605 ACRES AREA IN OPEN SPACE 2.0927 ACRES TOTAL AREA SUBDIVIDED 5.9652 ACRES DENSITY ALLOWED: 8 UNITS PER ACRE DENSITY PROVIDED: 7.208 UNITS PER ACRE MINIMUM SETBACK REQUIRMENTS (TOWNHOUSE): MINIMUM FRONT SETBACK = 20' FROM PARKING AREA AND PRIVATE ROAD MINIMUM ON —SITE BUILDING SPACING = 30' SIDE = 50' FRONT OR REAR PERIMETER BOUNDARY SETBACK = 30' SIDE = 50' REAR NOTE: NO ACCESSORY STRUCTURES OR FENCES SHALL BE LOCATED WITHIN THE INACTIVE BUFFER AREA. ALL PROPERTY CORNERS TO BE SET WITH AN IRON PIN. —20' SANITARY SEWER EASEMENTS \ \ —20' DRAINAGE EASEMENTS —20' WATER LINE EASEMENTS 0p' Yl� ELLIOTT RITCHIE, JR. CERTIFICATE NO, No. 1318 Zc lot ND SURj'� DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Revised: 6-14--05 PAGE 04/16 I DATE: 09 MAY 2005 I SCALE: NONE I SHEET 3 OF 15 I PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540--662-5792 C,IDRnwrNG5�rrarrdw w, Cnwt\NAH1LT0N OOMT-SMM5rON mgTs,r q 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 05/16 CVbwAwINCi Memhon [ou"AMILTON C WIFUSoNISION PIMA" 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 06/16 GEORGETOWNE COURT HOMEOWNERS ASSOC. DB. 747 PG. 14 ZONING. RP N88'11'16"E USE: RESIDENTIAL TOWNHOUSES 25.30' N35'56'38"E 679.81' N8 ' 10' 15"W -- -� \ \ \ NAq Q�E\ \ \ \ \ __0P0- SPAC O&. 68.00' N35'5,6'38 o, \ - LOT 5 - 3500 SF o T S35 56 3388"WW 100.00' Ila o LOT 4 - 2000 SF o 0 In ` o 53L56'36"w 1 OUO_ a m W s IO O IN la LOT 3 - 2000 SF o Im S35'56'38"W 100,_00_ 1 N W O N LOT 2 - 2000 SF o S35"56'38"W 100.00' OPEN I `q SPACE Ic,w w I 2.0804 AC o LOT 1 - 3500 SF o � .I S35'56'38"W 100.00_ i,� g�pA�r R L1 r10N SUFFPI? C1 'y C2 C GV ivo ESMT LI HAMIQ Tpo � "--- •�-- --�., �. pppRt w � f IT 4h -13 L11 Cl ) tea^ con / David B. Holliday PIN=86—A-90 USE: RESIDENTIAL Qp Cl 70 �`` ZONING: RP 25' ACTIVE BUFFER 4 c ' �TC L IO, CERTIFICATE NO. 4• L9� SUR��o DRAWN BY: DMJ JOB NO.: 0305028 C7 -w. SEE SHEET 9 OF 15 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA O 0 0 00 C> cn w z [_DATE: 09 MAY 2005 I SCALE: 1 "=30' SHEET 5 OF 15 PAINTER—LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662•-5792 CADRAWINGSHIamump CMAWAMLLTON COURT-5UBDIMION CIAT54N9 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 07/16 U) m m CA x O cil b z D 0' WATI EASEM 1SOI. 51.�50• (j 7i SEE SHEET 5 FOR ADJACENT INFORMATION N35'56'38"E 679,81' :• OPEN SPACE 2.0804 AC 53556'38"W 100.00' 0 5 0' I o LOT 6 - 3000 SF o LOT 21 _ V' :I S35'56'38"W 100_00_— o o 01 1 LOT 20 :' g LOT 7 - 2000 SF a ;�. S35'56'38"W 100.00' �. o LOT 8 - 2000 SF o LOT 19 :,�. . N S35'56'38"W 100,00' ��N LOT 18 '.Z _ \ �• .o LOT 9 2000 SF o w �:• ;• S35'56'38"W 100.00' o N — — rn LOT 10 - 2000 SF o o LOT 17 S35'56'38"W 100.00_ -- o LOT 11 - 2000 SF o LOT 16 4 S35'56'38"W 100.00_ — — •\ o _ g LOT 12 2000 SF CL LOT 15 •�•S35'S6'38�100.00' U) m m x LOT 13 - 3000 jr• •�: \ \ LOT 14 a►'• .. ,Q "E 85•$ \ 20' DRAINAGE h 1424'29'Og \ \ \ - �, EASEMENT S54'00'26 E 22.78 --- O ^ \ 02e 584SPACE AC L3 Py _ 65.88' 1p�- -� L8 25' ACTIVE BUFFER HAMILTON COURT w__ 50' R.O.W eel ELLIOTT RITCHIE, JR. CERTIFICATE NO, No. 1318 DRAWN BY: DMJ JOB NO.: 0305028 3\ 7' \"ll 4,,\c — C7"" — _ L4 OPEN SPACE SEE SHEET 10 OF 16 2.0804 AC FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 38.23' I DATE: 09 MAY 2005 I SCALE: 1 "=30' I SHEET 6 OF 15 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 C:\DRA MNQ6" n11Pon CoartUlnMitTav COURT•SWDM510N MA15.d" 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 08/16 SEE SHEET 5 FOR ADJACENT INFORMATION N56'44'50"W N35'56'38"E 679.81' 8.65' �20' WATERLINE OPEN SPACE 2,0804 AC 52 \ \ $ S35'56'38"W 100.00' • • p' LOT 6 p LOT 21 - 3000 SF �� \ �.��' o o LOT 22 c S35'56'38'W 100-00_ N\ LOT 7 LOT 20 -- 2000 SF o �4. • ' 0 0 ..�•�\'.•.•.•. • ►� S35'56'38LOT 23� 'W 100.00' �P LOT 8 o LOT 19 - 2000 SF o ZI S3156'38"W 100 00_ \ ,\•• LOT 24 m "= LOT 9 Iwo o � N $ LOT 18 - 2000 SF o � �•: . �.:� � � s35.56'38"w 100.00' � 13 . �. _s� LOT 25 LOT 10 0 o LOT 17 - 2000 SF _ _ _ LOT 26 1�1 00 o S35'S6'38"W 100.00' � rn � •\•, rn LOT 11 op LOT 16 - 2000 SF o o �, :. • \' o S35.56'38"W 100.00' C� LOT 27 N N i'• LOT 12 p LOT 15 - to 2000 SF c S35'56'38"W 100.00' I' LOT 28 LOT 13 — _ W o LOT 14 - 3000 SF LOT 29 \ S35'56'38"W 100.00' �\ 20 DRAINAGE \ `\ EASEMENT OPEN SPACE w NO\ '06'57"E ` ��� 2.0584 AC ►v a0 38 S35'59'34"W 66,79' 20.50' 19.67 24.35' 1 N 25' ACTIVE BUFFER HAMILTON COURT Ti0 R,O.W — L4 OPEN SPACE 2.0804 AC SEE SHEEP 11 OF 16 wrli OF 6r FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT ELLIOI�T�"JR. a FREDERICK COUNTY VIRGINIA CERTIFICATE NO, 1318 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 7 OF 15 PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 C;%0AAW1NG5*arMft0n COU"AMYLTON COURT-SUBOWISION PLATSAwp 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 09/16 N61'09'Q4"E 46.96 N00'28'39"W 33.69^ N35'56'38"E 679.81' OPEN SPACE 2.0804 AC 92 li N O O O S35'56'38'W 102.00' LOT 22 - 3570 SF N N � coz S35'56'38"W 102.00' �N �a LOT 23 -- 2040 SF N M 0 S35'56'38"W — 102.00_ y N tQ o LOT 24 - 2040 SF o m S35'56'388"WW 102_00' - LOT 25 - 2040 SF c N N S35'56'38"W 102.00' R s rn LOT 26 - 2040 SF c S35'56'38"W 102.00' LOT 27 - 2040 SF 0 S35'56'38"W 102.00' c LOT 28 - 2040 SF N o is S35'56'388"W 102.00' 90 LOT 29 - 3264 SF o \ '- S35'59'34"W - > 7.74' - \ \ _N35'56'38"E 94.26' ---- S85'06'57"W 9.38' \ 2 \ NOTE: L.- OPEN SPACE � N SEE SHEET 7 FOR 1 2.0804 AC EASEMENT CENTERLINE TIES A-2.12 \ HAMILTON COURT 50' R.O.W ppro�,TH op-N 6 LLE I TT RITCHIE, � CERTIFICATE NO. No. 1318 _157 DRAWN BY: DMJ JOB NO.: 0305028 I LOT 30 A=75.17' \ c N m 0 G) N EM V n � 2 N f*1 .-..I o� I N� T n 0 C O n q c m In N22'40'04"E 21,65' 43'22"E 433.18' N35'59'P4"E 5.6, LOT 311LOT 321 LOT 33 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 I SCALE: 1 "=30' I SHEET 8 OF 15 PAINTER--LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 CM)RAwne AHNK1@en CnkMWAMLTON C0UICT3NBDM5I0N run.d j 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 10/16 SEE SHEET 5 OF 15 LOT ' OP5 N RIOR � j`�' rV • � • I EN_ SPACE-'-' SEPARATION 15IRES'' - �, f--` .0804 AC BUFFER �.�,, 20 WATERLlN6. Ll .�• ESMT 1 \ .� \ 20' SANITARY SEWER .�, oo'• \ , ESMT .'�• r-'- AMILrpN CoURT aZ 50' RO.W y^ C4 '0000. 25' ACTIVE BUFFER _ �r 20' DRAINAGE ESMT 10' INTERIOR RES, �� SEPARATION BUFFER 7� David S. Holliday o0 PIN=86—A-90 �\ I tii t' USE: RESIDENTIAL �? ZONING: RP f- rr s � (n Underground -�4 Storm Detention Easement , L KENNETH E. HERBAUGH PIN=86-5-A D.B. 201 PG. 58 ZONING. RP USE: SINGLE FAMILY RESIDENTIAL �OLTH Op �f FINAL PLAT OF SUBDIVISION H AM I LTON COURTOPEQUON MAGISTERIAL DISTRICT ELLIOTT IT HIE, FREDERICK COUNTY, VIRGINIA CERTIFICATE NO. No. 1318 3'g/dIF DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 9 OF 15 C4NA smq 4 PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 EA M M M M 0 0 K C;X MWING_S\HArrjftt1C . --••. ... ..,..... wvn ­WIVINIUY PIA75A" 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 11/16 LOT 12 I' • �..� 20' DRAINAGE ' EASEMENT LOT13 I.'Iv N ip; CA \ 20' WATERLINE EASEMENT NOTE: c 4 ~` SEE SWEET 9 FOR EASEMENT CENTERLINE TIES SEE SHE" 6 OF 15 104.10' C10 — _ L8 25' ACTIVE BUFFER HAMILTON COURT C7 Am4s.24' 50' R.O.W L4 Lrl 75' INACTIVE BUFFER 0 OPEN SPAC E 2.0804 N M Undergground Storm 6etention Easement � I o0 N35'56'38"E 275.68' Lo 10' INTERIOR RES. SEPARATION BUFFER 231.33' _ S3!75974" W 719.84' LOT 15 LOT 14 ---20' DRAINAGE EASEMENT 0 0 L6 N O 0 LO r- �i L4 m m Ul m KENNETH E. HERBAUGH x fb PIN=86-5—A D.B. 201 PG. 58 0 ZONING: RP USE: SINGLE FAMILY `" RESIDENTIAL `f� , ELLIOTT RITCHIE, JR. CERTIFICATE NO, No. 1318 s�'/ems 4 L9i�,b svtz��o DRAWN 8Y; DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I DATE: 09 MAY 2005 I SCALE: 1 "=30' I SHEET 10 OF 15 I PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 C:IDRAWINGSUinmllton C0WftMILT0N COURT-SWDMSION FLATS.0„ g 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 12/16 LOT 15 LOT 14 z I'rT N 5 4 OPEN SPACE 2.0804 AC 25' ACTIVE BUFFER - a N Underground Storm Detention Easement 0 OPEN SPACE 6; 2.0804 AC in INACTIVE BUFFER N35*56'38"E 275.68' (19.67') 15 N 1� HAMILTON COURT 50' R.O.W A=17.61' Cw% A=2.12 I uNl w N (A A-20.99' A-56.05' N � �7 \ \ \ '\DIQATACZE 20' DRAINAGE ESMT \ 231.33, S35'59'34"W 719.84' KENNETH E. HERBAUGH PIN=86-5--A D.B. 201 PG. 58 ZONING: RP USE: SINGLE FAMILY RESIDENTIAL 1 1p '4 ELLIOTT RITCHIE,. 9 CERTIFICATE NO. No. 1318 � s/y/os o4 9�,D SURv�� DRAWN BY: DMJ JOB NO.: 0305028 LOT 27 LOT 28 LOT 29 S85'06'57"W \ 9.38' \ —20' DRAINAGE ESMT \ V \ OPEN SPACE IV'� 2.0804 AC clil \ \� LOT 30 A"14.51' \� ' \ ` M A-14.06' 16.\ I N O A=18.49' \ �, A=16.21' @� !•o'1Ai.'. \ 20 �\ \ �• \ \,AATERLINE�.,�� ESMT. \ . 1 10.66' 20' DRAINAGE ESMT. — LEXINGTON COURT 1 HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 1 SCALE: 1 "=30' 1 SHEET 11 OF 15 1 PAINTER-LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 C:\DRAWINrq\HN Itvn COU1gNAMILTON COURT•5UBDIV1.41oN rtAT3,Qwp 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 13/16 LOT 28 LOT 29 N35'59'34"E 5.64' S35'59'34"W 7.74 ;�k\ 10 0 GEORGETOWNE COURT Ern N HOMEOWNERS ASSOC. � �;PIN-86C-2-1 A V) ►: �S40'6 D.B. . 502"E Im ZONING: RP 120.35' \ N8 g52' 3"W USE: RESIDENTIAL TOWNHOUSES 1 N35'43'22"E 433.18' '59'34" 184.00'TOTAL)" \ 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 26• 33.00', \ xw,�/ -it of dl of of of r� w i �" I�_ o Ln 0rrrl rrrri�\a o a v \ C) rn o 0 0 0 0 0 0 \ r arrn rn 0 0 0 0 00 0 0 co Io \"I \\ nAlo I I I I I I I �\j I � LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 LOT 37 \ \00 3103 SF 2140 S 2140 S 2140 S 2140 S 2140 SF 2140 S 3531 SF I \� 20' 8. SRLIN£ 20' DRAINAGE S35'59 34"W 719.84' ESMT SAITT RY SEWER 20' DR INAGE ESMT. r ES AT EX. 30' DRAINAGE ESMT x INSTRU NT#0000 2013 1 1 zN I I I I ca o 1 A LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 . ZONING: RP USE: RESIDENTIAL TOWNHOUSES K�j,TH of Lr�A �o u ELLIOTT RITCHIE, JR. a CERTIFICATE NO. No. 1318 4 Z'�'D svtzqv� DRAWN BY: DMJ JOB NO.: 0305028 FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Revised: 6-14-05 DATE: 09 MAY 2005 I SCALE: 1 "=30' I SHEET 12 OF 15 PAINTER---LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662--5792 Q\DAAWING'a\HarTdkm Caun\HAMiLTON OmmTALL9DIVIS10N PIATS,ft 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 14/16 —17 GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2-1 A D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES S.00' N35'43'22"E 433.18' _ -- S35'59'34"W 150.00' (TOTAL.) 33.00' 1 20.00' 20.00' 1 20.00' 1 20.03 1 34.00' O ct c O O N N N IV N 0 CD J O O O Q 0 C 0 0 0 v \ I LOT 38 r \ 13531 SF P. a) ul cn x m O � 01 O �I O m N Q OPEN SPACE a 2.0804 AC LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 1 !140 SF Zl40 SF 140 SF 140 SF 3638 SF 20' WATERLINE - -- - - ESMT _ . �- ' S35`, 5'li' 1�9.'-�-- o'.90' S75' 18' 15"E 17.35' 13.35' r S 5'59'34"W 719.84' 22 ' EX o' DRAIN GE ESMT I INST UM S T#0 0012 13 S ` 31.57' I N I �° �5.00' a \ LEXINGTON COURT HOMEOWNERS ASSOC. I y X I N PIN=86C-3-3A osN INSTRUMENT # 000021102 ZONING: RP a� 00 USE: RESIDENTIAL TOWNHOUSES ^' O' A C.1 m 'fH of Df FINAL PLAT OF SUBDIVISION HAMILTON COURT x OPEQUON MAGISTERIAL DISTRICT 0 ELLIOTT RITCHIE, JR. FREDERICK COUNTY, VIRGINIA CERTIFICATE NO. Revised:6-14-05 No. 1318 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 13 OF 15 4 l9ND SURV�O PAINTER-LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 1 540-662-5792 C:\0RAW1"U51141m'WM OpuR\MWMTM C='r-51DDM510N RAT,,Aw 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 15/16 GEORGETOWNE COURT I HOMEOWNERS ASSOC. PIN=86C-2—IA I D.B. 747 PG- 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES N35'43'22"E 433.18' S35'S9'34"W N33' 11'21 "E 143.77' 34.00' �I of 1� m� 2 m N OPEN SPACE Or, n o T. LOT 43 2.0804 AC o a M �rk rn ao ao � o I "mom �c 35'S6'38"W 20' WATERLINE — 327.63' EASEMENT .0 65 (2.75') 20' SANITARY SEWER ' EASEMENT D S75'18'15"E z 17,35' . -- - 13.35' 77 S35'59'34"W 71 84' S36'21'27"W 108.55' (22. 0 William E. Hughes Lot 20 \ I \ \ JUDY H. DECKER Section II Lot 19 VILLAGE AT (35.0 ') \ Section II SHERANDO VILLAGE Al SHERANDO D.B.844, P.1862 \ \ D.B.823, P.200 I PIN=86D-3-2-20 ZONg RP PIN=86D-3-2-19 IUSE:SinSinglele Family X o. ZONING: RP \ \ USE:Single Family Residential oso 0 LEXINGTON COURT HOMEOWNERS ASSOC. PIN=86C-3-3A INSTRUMENT # 000021102 ZONING: RP USE: RESIDENTIAL TOWNHOUSES wr14 of Df FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT 6 ELLIOTT RITCHIE, JRFREDERICK COUNTY, VIRGINIA CERTIFICATE NO. Revised:6-14-05 No. 1318 DATE: 09 MAY 2005 SCALE: 1 "=30' SHEET 14 OF 15 t9hD �v�p4 PAINTER--LEWIS, P.L.C. DRAWN BY: DMJ 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 JOB NO.: 0305028 540-662-5792 CAb1tAW1NG51HAMjft /1 CarikNAMILMN CounT-MMSION CLA15.6m 06/14/2005 14:04 5406625793 PAINTERLEWIS PAGE 16/16 l�LI x of vf� ELLIOTT RITCHIE, JR. CERTIFICATE No. yQ 1318 7/� Lq�►S'D SURqs�04 DRAWN BY: DMJ GEORGETOWNE COURT HOMEOWNERS ASSOC. PIN=86C-2-1 A D.B. 747 PG. 14 ZONING: RP USE: RESIDENTIAL TOWNHOUSES N35'56'38"E 679.81' 20' DRAINAGE N38'38 14"E 105 76 \—�, .\—\ N\4 •01 \"r\ N45'4'.'S6 "E 4' \ 16.4 S35'56'38"W 100.0 4° �I LOT 5 �I 1 � w �0r N m LOT 4 O of LOT 3 OA >- T OPEN SPACE 'n s 2.0804 AC LOT 2 r I LOT 1 f N dy � U) I"T'I m z M q 0 S PrARATEON BUFFER pR IK' L1 C3 C� L6 o C8 ---- C N �5 HAMILTON COURT \ 50 R.O.W C13 L11 C12 David S. Holliday a� PIN=86--A-90 Instr.# c'/ Zoning:RP \ i Use:Single Family FINAL PLAT OF SUBDIVISION HAMILTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 09 MAY 2005 I SCALE: 1 "=30' I SHEET 15 OF 15 I PAINTER--LEWIS, P.L.C. 116 SOUTH STEWART STREET WINCHESTER, VIRGINIA 22601 540-662-5792 C.\DMWIN45VUffaon Carrt\KAMTON ODIRT.SMM9ON PUG.& p N O O � N O cr a cd O � N � tA b° YtA C) U wa�3� SUBDIVISION #10-05 HAMILTON COURT TOWN. e uon 45 LOTS 5.7 ACRKS 11 ;j