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
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4k
RECORDED
FOR SIGNATURE
I
Owner/Applicant/Agent: b"
Address: 13V
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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
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050018348
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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
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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
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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� .
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PIKe;;::':'•'
m
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RTE 277
0
SITE ��-
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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
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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
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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
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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.
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540-662-5792
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H AM I LTON COURT
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
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116 SOUTH STEWART STREET
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CERTIFICATE N0. Revised:6-14-05
No. 1318
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116 SOUTH STEWART STREET
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G�'st Clerk
COMMONWEALTH OF VIRGINIA
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0500288�4 HAMILTON COURT o
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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.
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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
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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
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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.
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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.
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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,
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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
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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
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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
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(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
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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
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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
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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.
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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,
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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.
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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
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Class B membership, no member of the
Director. The Developer may assign its
Declarant by a written assignment.
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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.
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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
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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
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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.
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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
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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;
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(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
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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'
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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
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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'
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0 R.O.W
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CERTIFICATE NO.
No. 1318
SURN��
DRAWN BY: DMJ
JOB NO.: 0305028
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OPEN SPACE
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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
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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
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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
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SEE SHEET 5 OF 15 LOT 1
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tiTH
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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
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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
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NOTE:
SEE SHEET 9 FOR
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JOB NO.: 0305028
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REVISED FINAL PLAT OF SUBDIVISION
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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
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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
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HOMEOWNERS ASSOC.
PIN=86C-3-3A
INSTRUMENT # 000021102
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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-
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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�_
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PIN=86C-3-3A
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USE: RESIDENTIAL TOWNHOUSES
or
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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
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USE:Single Family Residential
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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
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?_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�
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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 '
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ESMT
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t' USE: RESIDENTIAL �?
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-�4 Storm Detention
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KENNETH E. HERBAUGH
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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
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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
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M Undergground
Storm 6etention
Easement
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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
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0
L6
N
O
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,
ELLIOTT RITCHIE, JR.
CERTIFICATE NO,
No. 1318
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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
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5 4
OPEN SPACE
2.0804 AC
25' ACTIVE BUFFER - a
N
Underground
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Easement
0
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6; 2.0804 AC in
INACTIVE BUFFER
N35*56'38"E 275.68'
(19.67')
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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
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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
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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', \
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20' 8.
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20' DRAINAGE S35'59 34"W 719.84'
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LEXINGTON COURT
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K�j,TH of Lr�A
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u ELLIOTT RITCHIE, JR. a
CERTIFICATE NO.
No. 1318
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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'
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'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'
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— 327.63' EASEMENT
.0 65
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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
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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
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N45'4'.'S6 "E 4'
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Instr.#
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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
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