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02-00 Lexington Court Opequon - Backfile (2)
Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: (Comment sheets not required if approved W is associated with this subdivision.) tsK - 1 /15 (qq VDOT City of Winchester N' OK' 11731 oo Sanitation Autho ' Health Department �'� bk - % I b I Rl J Ins ions Department Parks & Recreation T 3 I Z /00 6 K ' �-1 00 Fire Marshal County Engineer 3' �' G� � � L!�A1./tJ111+Q1.1V111GVG1VGU. Ole��-- Fee paid (amount: $_ 2 417,55. ) Information entered in d-BASE and Reference Manual ®;� - 2,3 00 09Av File given to Renee' to add to Application Action Summary 1(—/3—(10 Plat(s) signed by Subdivision Administrator I I- (7 Q0 Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment Updated d-BASE and Reference Manual P2"ile given to Renee' to update Application Action Summary LC- On Final plat(s) submitted with review agency signatures along with: Recorded deed of dedication / Bond estimate (if required) $ ! So Qo o OA0pemtions Manual\subdivisiomtrk Revised 11/30/98 Received From Address, �> Fort". � O 2 r ' • AMT. OF ACCOUNT UN' PAID` BALANCE DUE p Date 00171E � = ij r: HOW PAIDC. CASH CHECK } ". I `.✓�' MONEY B.: ORDER y ewi' t a- . +�1`ar •_ CHARLES D. NOTTINGHAM ACTING COMMISSIONER d COMMOli�WE.ALTH of �V IRGINI,A. DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 / (540) 984-5607-fax Mr. Timothy G. Painter, P.E. c/o Painter -Lewis, P.L.C. 3025 Braddock Street, Suite 200 Winchester, VA 22601 Dear Tim: JERRY A. COPP November 15, 1999 RESIDENT ENGINEER Ref: Lexington Court Urban Lot & Town House Complex Route 277 (Fairfax Pike) Frederick County We have received your revised site plan ' dated 11/15/99 for the referenced project. It appears all of our earlier review comments have been satisfactorily addressed. Please advise the owner of our approval. "Also please provide eight (8) sets . of approved construction plans with signed seal for VDOT distribution. The appropriate land use permit may now be applied for to cover work within the Route 277 ,right-of-way.. ,The permit is issued by this office and will require a minimum processing fee,. surety bond coverage, and the salary & expenses of a State assigned Inspector.: A copy of any/all plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication should be made to the Commonwealth of Virginia. Once satisfactory application has been made, a permit will normally take approximately thirty days to process and issue. Should you have any questions, do not hesitate to call. SincEaineer Barry J. Sweitzer, Tra For: Steven A. Melnikoff, Transportation Engineer BJS/vcz,._ Enclosure. xc: Mr. D. A. Heironimus Mr. Kris Tierney WE KEEP VIRGINIA MOVING DEPT. O r' �,fe�vli �;uCVCLC7P(Y�E(VT Request for Site Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation 1550 Commerce Street Winchester, VA (540) 722-3460 Please fill out the information as accurately as possible in or r to assist the Virginia Department of Transportation with their review. Please attach five K66ples of the site plan with traffic generation data and drainage calculations with this sheet. Applicant's Name: �c��,�-Ec.�, L�•s, P. U- C . Address: 3o Z 5 • 75(4-ddoC-k s+•, s+.,-. 2 00 W n C kc s4c..✓, VA-z,-ZcD o 1 Phone Number. - Name of development and/or description of the request: Urba,i LA ^I Tov3AM4,ose CtNn41-u Location of property: ��;( x KV—g ( 2+c. Z.7-7 0 S+<_e;0j 7j) j±rjC_ Virginia Department of Transportation's Comments: 14 " 4 i�-f . r- i ilfi �I . r�, ;�� tr _,���F't�T;-NT 10/30/00 11:56 FAX 15406625793 PAINTER LEWIS 002 FREDEPACK COUNTY SANITATION AUTHORITY P.O. Box 1877 %lacbestor VA 72604437) JAME$ T. ANW-RSON. CYairmow welllnatom 11• Jon". Y.E. 1tODERT N. CARPENTER 1'1n-ch&iPm4s �a�lw�e� �Ir�ns► ROURT F. MOM ERY, Ser-+rcaw►rr r.STrN U. RUt KU.PR,;%% Jo"NSTEVENS Site Plan Review GRLUORY W. ME%'t7'f 'Comments" Faz - (SIOy Rsl1 t� 29 'fCamments Date: all et'%W A0 ,0,4%A/i4AQ.94JrWlS n1c Attention 1ttoHi�f BG 7" Ts PROJECT L,eX/A-#.S7-7040' REVIEW STATUS review no. 3 correct and resubmit a mved as noted approved number of items to be corrected DR LWIN(;S send me by 3 Akd 00 prints - 1 dill set,► black & white mylar sheets EASEMENTS OTHER %0 e'44000 John G. Whitacre Engineer cf: 1 /00 WATER AT YOUR SERVICE td"d fizvt 998 O69 L u4L4W-4EUWS -00 NML4OPe-AA V9E=I1: 00-0E-1=00 Request For Site Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Dept. 107 N. Kent Street Attn: Building Official Fourth Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5650 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: � o,-%r,4- - Ue.�,.N;s, p, (_. L Address: 3u z s• i add oC.l-- C, S+e. zoo \(A- 'Z2Zco tj I Phone Number: C_ sp a) (9 (o z - .5,7 q Z Name of development and/or description of the request: IPLA(If Cuutt-V16a , iaf aA I ni In1���te.. Lc��A�-mac Location of property: 1-r-,� r Cv-+r Z-1 Ir1,V4 ,j yvx hA. a i 1-w: CJ l� S�h(� �� F►'c �(t,✓; �K C our k�, VQ- Inspections Department's Comments: Townhouses shall comply with The Virginia Uniform Statewide Building Code and section 310, use group R (Residential) of the BOCA National Building Code/1996. 17 DEPT. 0 PLANNING/DEVELORMENT COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.SP99-0042R Date Received 2/8/2000 Date Reviewed 2/8/2000 Applicant Painter -Lewis P.L.C. Address 302 S.Braddock Street Winchester, Va.22601 Plan Rev. Date: 02/03/2000 Project Name Lexington Court Urban/Townhouses Phone No. 540-662-5792 Type of Application Site Plan Revision Current Zoning RP 1st Due Fire Co. 11 1st Due Rescue Co. 11 Election District Opequon Tax I.D. No. 85-5-B RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments : Curbage in front of fire hydrants and turnaround identified as "No Parking Fire Lane" Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature ��A Title��� 7 2000 C:. DEVELOPMENT st 91 .00CHA Request For Site Plan Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal 107 N. Kent Street Attn: Director of Engineering First Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-6350 (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: }Pa; r\A---r - Ce w. s , P. L" C Address: 3 o z S . ) ro..-4�- oc._k 5k ., 5.k— L- n �z I VA -zZc. 01 Phone Number: C5 (4 0) (s (0 2- - S 19 -2.- Name of development and/or description of the request: t--C,ti(�Lx Court-0(10aA IA)t QA L'.Wf usf C a hex Location of property: ��, r � ac P; Ise (�C"4 - Z -7 l) O j2 -CA U n 7 " -�V; t;-1 Pyre- dcd"C'k- CCyA:F 4 Fire Marshal's:���,� Request For Site Plan Comments NOMAIRIA 19 7 C00 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. SP99-0042 Date Received 7/9/99 Date Reviewed 7/28/99 Applicant Painter -Lewis P.L.C. Plan Rev. Date: Address 302 S.Braddock Street Winchester, Va. 22601 Project Name Fairfax Court Townhouse Complex Phone No. 540-662-5792 Type of Application Site Plan Current Zoning RP 1st Due Fire Co. 11 1st Due Rescue Co. 11 Election District Opequon Tax I.D. No. 85-5-B RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate XX Not Identified Fire Lanes Required Yes XX No Comments : Mountable curb to fire lane turnaround of all weather surface, bollards with chain to prevent parking and fire lane signage. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes site plan No Plan Approval Recommended? Yes No XX Signature Title AssnA LID DEB ? 7 2360 DEPT, OF PL ,JN INGIDEVELOPMENT 02/17;'28100 09:51 5406784739 FREDERICK COUNTY FI" PAGE �1 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. SP99-0042. R Date Received 2/1.6/2000 Date Reviewed 2/17/2000 Applicant Painter -Lewis P.L,C. Address 302 S.Braddock Street Winchester, Va.22601 Plan Rev. Date: 02/ 15/2000 Project Name Lexington Court Urban/Townhouses Phone No. 540-662-5792 Type of Application Site Plan Revision Current Zoning RP 1st Due Fire Co. 11 Ist Due Rescue Co. 11 Election District Opequon Tax I.D. No. 85-5-B RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency "Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments : Curbage in front of fire hydrants and turnaround identified as "No Parking Fire Lane" Roadway/A.isleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location. Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature Title. ` F E B 17 2NO DEPT. OF PLANNINC,!DEVELOPMENT M rl t • it r 11 t t Frederick County Deodr:mont_Q€_F_arksgnd'Recreagon Mail to: Hand deliver td: Frederick Cc::Av Dwt Of Parks and Recreation 1 7 N, Kent Street Aftn: Director of Parlts and Recreation Second Floor 107 .Norfth Kent Sheet Winchester. VA . iP�:i_- heatar. VA22Q_ 0't (3) 865-5678 Pis -co Aid —if th.W tPifa�iES�T� .^aiTt F� ail�ii_i �a �eta��. ire ramie .�i�r iv Y�..Ci.�ii.Ci� u�:AII �ttc€'Yr .v LV1Th t"Air raaai>ssie �saadc 3#�3i'�'F iStY$ 14 a ,7`iES�fiJ � aiiiite� �h� `Atlas tvii/v9�', i :a.a3v�r.�,'-tee-. _ t11�.lV IItvG% i• J % 9Gi€i iw. � �_�®� �„r � � ---_� _ _ 4 t — — f i Et �JF__ i.tin..ri i�esw e�� iiia.?mr�r ed8i• ti Y t Y. UJY-!3')?'tY Sr efric7-�irtry+rr �t[Fiet_ �amrc.c f; w. .YwSjl tY1 iJ C iilGC•[Ji�L •����p - _ •---ttijil ^----_UACIA. This plan appears to meet the site plan review re uirements for open space and recreational units. - - VVIj.- i 10/30/00 11:56 FAX 15406625793 PAINTER LEWIS 004 COUNTY of FREDEIUCK Department of Public Works 540/665-5643 FAX: 540/678-0682 March 21, 2000 Mr. Tim Painter, P.E. Painter -Lewis, P.L.C. 302 S. Braddock Street, Suite 200 Winchester, Virginia 22601 Re: Lexington Court (formerly Fairfax Court) Comments Urban Lot and Townhouse Complex Frederick County, Virginia Dear Tim: Upon review of the revised site plan dated February 3, 2000, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Frederick County will require engineered dewatering plans at the time of application for building permits for the townhouses. The foundations will need to be completely waterproofed due to the backwater condition from the proposed 45 inch by 29 inch RCEP culvert that drains the stormwater from the site. If you have any questions, do not hesitate to contact me. Sincerely, 4 Jce C. Wilder Engineering Technician jcw cc: Frederick County Planning Department file 107 North Kent Street • Winchester, Virginia 22601-5000 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRG//I��NIIA Date: /400 Application # O '�JV Fee Paid V Applicant/Agent: ;s, P. L- C. Address: 72Sp 2- 5 . '6rajloc,k S�. +.5 . 2-00 W ; c. k e S 4-w , \/A 2- Phone: c 5 q O) Owners name: % t( c ka f {�� e hp Address: 1vS2 mcd4,'nsbor$ Af W(nc.k,C_S�, Vk 2,ZZ(103 Phone: C $qy) 72,Z-2z0 0 Please list names of all owners, principals and /or majority stockholders: Contact Person: Tl G ..-A.� Phone: C5q u) ( b 2- -5 7 y z Name of Subdivision: COUV4 Number of Lots c2 J Total Acreage o/., 3 J� T Property Location: U.S R,,.,+. a'1 I ��.�r _ k dQe� on aot�Ic,�} ��riL+_ e d e r� c k Co nr 11,E . (Give State Rt.#, name, distance and direction from intersection) Magisterial District () Dee ��c�• Property Identification Number (PIN)) REV, FEB � 7 2000 DEPT, OF PLA WING/DEVELOPMENT s � � Property zoning and present use: Ky - l�rs,de4_A Pe(ki,n� ` Adjoining property zoning and use: K P Has a Master Development Plan been submitted for this project? Yes_Z No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Lem%r ivy%. (_OVy' Does the plat contain any changes from the approved MDP? Yes No )( If yes, specify what changes: Minimum Lot Size (smallest lot)y �0 54_F -�. Number and types of housing units in this development: Number (3) U r bc,..� 5; esa ,� , Units Types In+s 1!'e cex�lp1•ex 7 SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: Joe �,/ title "Subdivision Design Plan for " /� with a notation of all previous names of the subdivision.' original property identification number. / page number and total pages on each page. y name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one housand (1000) feet of the subdivision. written and graphic scale. day, month and year plan prepared and revised. North arrow. t name of the Magisterial District where located. zoning of all land to be subdivided. / boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to / the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. �—e-e�,Pvt- fvwpq cif` proposed use of each lot, with the number of lots in each P se category. area of each lot and parcel, the total area of the subdivision and the total area in lots. J 10 os- location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. ✓/ existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and / design details. ✓ stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow ows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. s���//�����,�� 0 locations, dimensions and Boss sections of existing and/ proposed sidewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all / one -hundred -year flood limits as mapped by FEMA. location of all land to be dedicated or reserved for public use. _ _ - I of r q fired setback lines on each lot. �<location location of proposed recreational areas and faci ities. vLr�L� / — r% c* a .-Z {�vw /-e o o-v .e.K-ctn /arc a'k e A location o proposed buffers screening wit design 'v4ti. details, locations and types of plants and screening. 0 proposed landgcaping it lgcti on and types of plants. ✓ certification by a engineer, surveyor o other qualified professional of the accuracy of the plat. 11 4 k gnature of the owner or principals certifying ownership �'ooff the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 11/01/2000 15:00 5407222261 MIC:HAEL G PRELIP INC PAGE 07 E. R. NEFF EXCAVAMGi INC. P.O. Box 1027 - S7Et�f IENS t'M, VIRGiNIA 22655 28100 .(540) 869-1010 .. ...---.. .._ ___• ...• JOB LOCATION . i Al E of! WORK 'QUANTITY, DESCRIPTION PRICE AMOUNT yy, , _ „. .,ter 7'a.aa,li.rt,... •tea sr � 7 FaoEJGR rr � �,..I.RJ�,.4:.m.� .:[lnau�,.�Q,�,r�t. `�...�.. ....._ _ ._ _ .. __. _ .. ----...._.-•----.. Sri_. B� YIt _...... ._..... .Q l - ;: _. �..,........,, ............ _.:................ ._.. _.. _....... _...........__ ... .._......_..... _.._.. MCEIVED BY . TOTAL GT -_ _04 11l01/2000 15:00 5407222261 MICHAEL G PRELIP INC PAGE 08 E. R. NEFF. EXCAVATING, INC. - F0. Box 1027 STEPHENS CITY, VIRGINIA 22655 (54.0) 969-1010 28193 9�LUNG PATE J09 NO. 'Slr..................... ...:. . 510... ��B� _...__._...JOB n . E:OF WORK QUANTITY DESCRIPTION PRICE AMOUNT N;,�s��..._ .�E._:,�in,a- �3a�:,��.�e.:�n�.mr.�:Gosc��t� •. ..---..___.... �.m.�;a.�....�C. ,�o�.. fv ( •�liACl.R.de .:• . , ��.....:_ ..SDI x1.1 nr�+r.. _ . .... .. , .. ._ _ :_. _. _ ._ .:...... .. _ ���.n. r- vim.. ....:.. :.: ..._... ..3_�.11�:ta_n�:z�—_....... ..__.._.._...._.......... ..... ....... ........., . .. _.._.._...._.. __. • F E'IVE0 BY TOTAL: taiMww:.w.w. rrrM.n.un.....�.ur•�rw.�..w1...•r+�w..r..,:,..lM,rww,w.Qr1.+r.va Naw+rww.•.+Mwsq..•w.r.w+�+wJw,e.M+W..w..:v.J.w...urn..:a.::o-«:.w.Aw.....�w:-:..+w«wb.ra�rY �...r. {RitiNAG � t'�r+J� jrAt'W �hf 11/01/2000 15:00 5407222261 MICHAEL G PRELIP INC E. R. NEFF EXCAVATING, INC. PAGE 09 L��� 44933 BILLING DAM �d�,} Ia.rJ'1�.�..--._: JOS.No_ ._..__....... _. map -V" JOB NAME _ ....... , ... _...., . Joe t ocgrzoN _•� eR�sr I/ PRtcE AMOUNT TOTAL 11,101/21000 15:00 5407222261 E. R..NEFF EXCAVATING, INC. FA.Sox 1027 STEPHEW CITY, VRGINA- 22655 M�CHAEL G PRELIP IrC PAGE 10 t:7 28137 mILMNOVATS A.'I l3.Qv,ApW _... Jos mo, JOB P41VAE JOS LOGATICM ...... :OF W6RK QUANTITY DESCRIPTION -PRICE AMOUNT AAU .4. • Am... . ... .. SzA.., + .... . ........... AA . ......... ... .. .. oiiveb sly TOTAL 11/01/2000 15:00 5407222261 MILT- E G PRELIP INC PAGE 11 N c. pHENS'{ 1Y; Vlf�f'M 22655 (540� 86=1010 J09NO. ... .., Joe t+O F Joe tDCAT-ON 21 WORK QUAt�LTITY pE9CRIFTION PRICE AMOUNT ..''-qAAA44605 ol 0. IS r it •- ��� ... . L ...4U.0. 44AAL ....,, _-.-....._....... ........_..,_........__ �..� ,fa � fi -.. aAehr \: • .R,Irc aw. .%�, r GEIVEU BY TOTAL ORtOWAL ZAew 11/01/2000 15:00 5407222261MTCHAEL G PRELIP INC PAGE 12 E. R. NEFF EXCAVATING, INC.. P.-O.. Box.]027 STEPHENS CITY, VIRGINIA 22555 �548) $S9 -1010 "�(r,� . , Z�//�fC• BILLING DATE. ��. W`+i6� JOB.NO. ., j NAME ��� — i/ 7:: r:-(.Tw• . JOfJ LOCATION OF WORK QUANTITY' DESCRIPTION PR1C1r AMOUNT M.'?►�I�i96,�� i .. f /� �4.,,U lo.00 9D co .�..X.�s 7wi.4i c, AA&t, 'fro..:.. 65.cao ,Ion i AW ���. .� .�IL�•� .. � .i�RlrW:ri7�aaf'+s•+.�FOs�. .. •O�J�' . �7�7 QQ I' _ �gd � r3r+ . oo. r -710 ft # 5 4 . �60�ED BY TOTAL 11i01/2000 15:00 6407222261 MICHAEL G PPELIP iNC FADE 13 r E. R. NEPPX LAVAING, INC. r ' s.. � , L P.U. Box 1027 . _ ... STEPHEN$ CITY, WGINIA 22655 :j�;: BiLLNG DATE 4a .. dzgoo:. .406 NO.: . JOB NAME a f� rI• Qf!•i� JOB LOCATIONAJ Wi7�fP E' OF WORK QUANTITY DESOF:HPTIQN j "PRICE .I AMOUN .. 6. AAA,,- APeOW A.W. 7o- co Ao. qao,m .994aQ f 3 z4 !' �i�ti4 dp /ly .00 VD Y TOTAL �Vre..fl.Y A r.. ... �,, •.. .+ ..u... ,r �n.�r., .': .. .. ...'. �: r.ur -u� ...: m... ��. w'....rc..... .�+s......-. .... ... _ .. ...:,n .. .. ... _ �. ..._ .ri ..... ./(tom.—�.y/rt.�. _. Yeti '' ORIGNAIV 11/01/2000 15:00 =1407222261 MICHAEL G PRELIP INC PAGE 14 4, A. NEFF-EX-CAVAT-1 MG, INC. P.U. -Box 1027 STEPHEM UPY; VRGINIA 22655 (540 369- 1010 BILLING DKTE J68 NO. JOB NAME JIM: ;#(al).2,. - JOO LOCATIQNA4JAAa4ORiC awmtt�. OUAN'nTY DESCRIPTION Al'o La A 4 FPRI a AMOUNT Zo SsApu if 7 14 -65? 00 to : JU LAA. - 0 11240 4*40 J-a .21T AAA� J.Y. 71. AK. .0 6.9 It 4*7 j, 44AL- 4??q 400 fo*� &wAfti 4f 1 do 40 m I "POWLAL 11/01�iyy20pp0��0CC 15.00 5407222261 MICHAEL G PRELIP INC PAGE 15 E. P.Ct BOX 1027 STEPHENS Cp, wRGIViA 22655 ISO. 86.9-1010 BILLING QATE 140,00t,Q 400 NO. JOB NAMV-.GB a :; � i�'(• . �.�•�■R�4 ,.'" . J06 LOCATION W`OF�*ORK" 'Qu, k4tr Y DESCRIPTION f3o�ekill.o vPRICE '. AMOUNT All ��:.: _ . � .� �,•h., p. :a.,� �. yea fat .' _ . fhc j n* .gru-t 714. op , oev TOTAL. ,'•+ . r..,..v......t•. r�Nw.i v..w._...,'y.. .... .�...._.. ................... «� < .. ,.....r�.K....�,-..•w l:.tr-aM _�_. __w..._. �.... ...�.._w...w.� _.. .. ...... 1 RIGIkAL Mary Keiter 165 Lexington Ct. Stephens City, VA 22655 540-869-6657 Frederick County Department of Health 107 N. Kent St. Winchester, VA 22601 July 22, 2003 To whom it may concern, I am a concerned homeowner in Lexington Court. We have a problem with standing water. It is a habitat for mosquitoes to breed and spread illness. I am very concerned, as I am sure you are, about the mosquito infestation and the spread of West Nile Virus. From what I have been able to learn, the water was not there until the construction of our drainage easement. I've been trying to get this matter resolved, but this will take time. I would like to know how you plan to address this issue? I know that several other homeowners have called to complain about this problem. I would like you to treat the area for the mosquito infestation. I have also enclosed pictures for you to see the standing water. Thank you for you prompt attention to this matter. I appreciate your assistance. Sincerely, Mary Keiter Lexington Court. Subject: Lexington Court. Date: Tue, 15 Jul 2003 13:25:48 -0400 From: "Jeremy F. Camp" <jcamp@co.frederick.va.us> To: Patrick Davenport <pdavenpo@co.frederick.va.us> Hi Patrick: I just want to update you on the status of Lexington Court Townhouses. Inspections, Public Works, and VDOT have approved the site. The only incomplete work is the striping and signage for the fire lanes. The Fire Marshal would like for the developer to contact them about this. They would also like to talk to the developer to see if one of the trees could be moved further away from the emergency vehicle turn around entrance. Regarding our issues, the dirt pile has been seeded; required landscaping is present; all dead trees have been replaced; and the recreational unit has been provided. Thus, we have also given the site final planning approval. -JFC 1 of 1 7/15/2003 1:46 PM [� RE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 11, 2003 Ms. Mary Keiter 165 Lexington Court Stephens City, Virginia 22655 RE: Lexington Court Dear Ms. Keiter: I am in receipt of your letter dated July 7, 2003, in which you expressed concern on several issues regarding the residential townhouse development known as Lexington Court. Your questions are italicized and my responses follow. When does Michael Prelip's bond deadline for Lexington Court expire? Frederick County currently holds a bond in the amount of $75,000.00. The bond does not expire and will be released when all County Departments have provided final approval of the project. 2. In my deed of dedication plot it shows a bike path that is not actually in our neighborhood. Where is the bike path and what happened to it? The bike path you may be referring to is located behind Lexington Court and it travels through Sherando Park. The bike path is accessible to the general public for non -motorized travel. What happened to our guttering that was supposed to go in the ground and under the sidewalk? The Department of Public Works has been notified of this issue. 4. I also want to know if you gave a variance for Pat Poes', owner of 163 Lexington Court, Lot 11, sidewalk. She tore her sidewalk up which does not comply with Michael G. Prelip's original site plan. She also fenced in her front lawn. The sidewalk in question was originally constructed in accordance with the approved site plan. The developer (Prelip) will not be held responsible for damage to the sidewalk caused by a property owner. The zoning ordinance contains no regulations pertaining to fence locations. Enforcement of the homeowner's associations covenants and restrictions may provide the necessary relief. 107 North Kent Street • Winchester, Virginia 22601-5000 .A Page 2 Ms. Mary Keiter Re: Lexington Court July 11, 2003 How can you sign off on a neighborhood where there are dangerous sidewalk to ground gaps and a transformer box which has sunk? The bond has not been released for this development. The grading adjacent to the sidewalks will be inspected upon a request by the developer to finalize the project and release the bond. Allegheny Power is responsible for the electrical utility services and maintenance of the exterior infrastructure. If you have any further questions, please feel free to call. Sincrely, A/�4 IA44 Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah cc: Mr. Michael Prelip Frederick County Department of Public Works bc: John R. Riley, Jr., County Administrator Robert M. Sager, Supervisor, Opequon District UAPatrick\Common\Misc corresp\Lexington Court_Keiter concemsmpd July 07, 2003 Mary Keiter 165 Lexington Court Stephens City, VA 22655 Dear Mr. Patrick Davenport, I am a concerned homeowner of Lexington Court. I am requesting some information regarding our neighborhood. 1. When does Michael G. Prelip's bond deadline expire for Lexington Court? 2. In my deed of dedication plot it shows a bike path that is not actually in our neighborhood. Where is the bike path and what happened to it? 3. What happened to our guttering that was supposed to go in the ground and under the sidewalk? 4. I also want to know if you gave a variance for Pat Poes', owner of 163 Lexington Court, Lot 11, sidewalk. She tore her sidewalk up which does not comply with Michael G. Prelip's original site plan. She has also fenced in her front lawn. 5. How can you sign off on a neighborhood where there are dangerous sidewalk to ground gaps and a transformer box which has sunk? I would appreciate a timely written response to my letter. Sincerely, Mary Keiter COUNTY OF FREDERIiCK. VIRGIN DEPARTMENT OF INSPECTIONS Caller * . P r z t. T Time Called Phone No. Received By � CA Time Requested ,,2 /_ Date Called Date Requestedk Date of Inspection PERMIT HOLDER NAME Lexie,a14uz Cc,r Nc'_.I RT. N0. Lot No. SEC. No. SUBDIVISION LexC Nf44 a-tl Cac�r STREET NAME Loxi, a4QA1 Cour+ DIRECTIONS BUILDING NO. /- / �w �� nG•f Df Gt�i.ticG� e�fe�r PLUMBING NO. 1�(e Sf�.o �� fib e X c wv i✓ `e f 0411e� ELECTRICAL NO. �f• d®%% tf 6zJ7` t�ryJ ,0/(J _Pe� G� ,.- A, l cf Giw MECHANICAL NO. a," leZ'4 SIGN NO. c>� f f DG<Gf DISTRICT PERMIT FOR: �'fc=t�r.;k04 (QQ%ek; Of aNd rec�ac3 4pwnl�,•Je uNi y� ov Type of Inspection Residential A41 Commercial Footers Setbacks: FR ae BK L 30` � R Slab Draintile Gas Fire -up Final Electrical Water Service Framing Final Mechanical Sewer Rough Electric Final Site Plan 3!K-9<7 Rough Plumbing Rough Mechanical Final Building Fire Marshall Groundworks Gas Piping/Test Final Plumbing Special/Complaint Other: e. (\#i 0o 1 'ki Time In: Temperature ✓ �? Cut in No. Time Out: ;�-' 3�J Results: Approved Weather A 40r" 00Abe r�141e(CfOj uJI4:5 Rejected i8 Lo1-5 .30F - �3 Comments: .%.;T c�c��)� r�rk C&&E 74v ,-ssc-e 1,Z C,rl �r 71k Signature �.co� � Date COUNTY OF FREDERICK. VIRGIN DEPARTMENT OF INSPECTIONS Caller Time Called Date Called Phone No. Time Requested Date Requested Received By r;���� Gw Date of Inspection �—_ PERMIT HOLDER NAME RT. NO. Lot No. SEC. No. SUBDIVISION -� t, `'•� _ ��• i, STREET NAME i�lkcr'N C # DIRECTIONS BUILDING NO. ^� PLUMBING NO. _ 7- -7 f ELECTRICAL NO. Y_ C.A. ` • (" � MECHANICAL NO. SIGN NO. DISTRICT 1 P "( q t 't, /0 PERMIT FOR: P %t I % C Q i f e nre Type of Inspection Residential Footers Setbacks: FR Commercial BK L IV Slab Draintile Gas Fire -up Final Electrical Water Service Framing Final Mechanical Sewer Final Site Plan Rough Electric Rough Plumbing Rough Mechanical Final Building Fire Marshall Groundworks Gas Piping/Test Final Plumbing Special/Complaint ( Other: Unk ! "' �_ } �S i`.• rf f! �' • Time In: % P Temperature ram' i 4 Cut in No. Time Out: ° c= Weather r YY Results: Approved °t Rejected Comments: o*tar - �e w e `1 .� i.0 Ur1-. ` o/yfE r �°s7� �Vrf�+�W .tIXeJy j '/l C b<' {i T/-[Fi .�;� `% S�PL �P 3r,✓Yl�lr � *d 0C/�?bft( 1FR�J1 _ _' // S`i'fnat u re Date /2002 11:43 5408682 MICHAEL G PRE�,:`� INC PAGE 02 •\Y•,`,.. 1'. .. •' .i `' .. •k •. .. ••t a "•>(_• •_. - ••�' w ' :'� = ,.; x..ry ' ► ` (-�ATIOEN:` C N MlSSIC)N -X0. -2 ti• w..••''�.^. :•'• till ,r .: �, :.:' •�. • eta:' wit �. crt� a 'o lit por.�aron o� *" ^•`: 440ME WINE, ASSOCIATION: AS r.s:rlsvrd� zn t�iis o: ::: .., .... : arid thaat. s r Aolfio ' ' to :tra�azt 4ts toe.Ebrportztio►n a nd'.�ts:�i�siness. Co1f�r?tZSS�[�tl .•y .:\.tip •. � , ' . ' . - . „ ".:. - �vlay 14, 2003 Mr. Michael Prelip 1\41chael Prelip Construction, Inc. 161 Comn-ionwealth Court 'JY71 n cli ester, Virginia. 22602 Jie: Bond Review - Lexington Court Townbouses Dear Mr. Prelip: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FILE COPY FAx: 540/665-6395 Staff inspected the Lexington Court Townhouse development on May 8, 2003. Staff noted a few concerns with the development during this inspection. Each concern must be adequately addressed. prior try the release of the bond for the subJect project. These concerns are as follows: I Dead Trees. At least three, and as many as -five trees, which are a part of the left interior landscape screeia, are dead. or dying. Please replace al] dead trees. 2) Shortage of Deciduous Parking Lot Trees. Please plant an additional seven deciduous, two- inch caliper trees, to satisfy the requirements of the subdivision design plan, which requires 27 of these trees. 3) Tot LoL The sliding board with climbing bars does not appear to meet the requirements of the subdivision design plan. 4) Removal of Dirt and Gravel Pile. Please remove the dirt and. gravel pile from the property. Oice the above issues are resolved, staff should be able to provide you. with final approval of the site. 1'1' c ase feel -free to contact me if you have any questions. Sir-cerely' kremy F. Carnp - Planner It -T1--,'("/kac 1'/r Joe Wilder, Public Works 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY OF FREDERii K. vfflUiNIA DEPARTMENT OF INSPECTION Caller Time Called Date Called Phone No. Time Requested Date Requested Received By �l - ��%i�V1� Date of Inspection PERMIT HOLDER NAME k�A- i < �/� CGx✓ �U(�,rV� LI RT. NO. Lot No. SEC. No. SUBDIVISION STREET NAME ___LfX_L•'�l1�11& DIRECTIONS jl. Xl S 12�a%7 LP ICI z�i%�''V�ITGriL`, BUILDING NO. 1 eyie 4, PLUMBING NO. ELECTRICAL NO. MECHANICAL NO. SIGN NO. DISTRICT r41(AO.ti PERMIT FOR: Q Type of Inspection Residential ✓ ! ®n 1 / Commercial Footers Setbacks: FR BK L R Slab Draintile Gas Fire -up Final Electrical Water Service Framing Final Mechanical <S�di vj'stb�/ / Sewer Rough Electric Final ' -VPlan aZ `00 Rough Plumbing Rough Mechanical Final Building Fire Marshall Groundworks Gas Piping/Test Final Plumbing Special/Complaint Other: Time In: '" ti Z - °' -uuati Temperature 700 Cut in No. Time Out: Z 2 CPM Weather (�� �� � z Results: Approved PP 1` Rejected Comments: /AP PoZ1041ufIq -1 /z U/aoe-1G A4 --/f Aq A4 6"adl Dr,& ' a b,,AW 1_dz ,e_ /1 Date/� Ciy t,'41 /�c tle4-e Aj AGIC 44 r ZZOJ( ; s ��� �� LGA111b'LV11 VVU1L Subject: Lexington Court Date: Wed, 15 Aug 2001 12:15:37 -0400 From: Evan A Wyatt <ewyatt@co.frederick.va.us> To: Eric Lawrence <elawrenc@co.frederick.va.us>, Jeremy Camp <jcamp@co.frederick.va.us>, Patrick Davenport <pdavenpo@co.frederick.va.us> Please be advised that Ed Strawsnyder received the Prelip letter and is ok with it as written. I have contacted Mike Prelip to let him know that we will issue finals on the entire row if Inspections is ready to issue them. I also suggested that he have his runner contact Inspections before they come down to ensure that the CO's are ready. Thank you, Evan 1 of 1 8/16/2001 8:07 AM COUNTY of FREDERIC K Department. of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 August 23, 2001 Michael Prelip Construction, Inc. Attn: Michael Prelip 161 Commonwealth Court Winchester, Virginia 22602 Re: Stoop Setbacks for Lexington Court Townhouses Dear Mike: At your request, I have prepared this letter to specify the required stoop setbacks for the above referenced project. The required front setback for each stoop is shown on the Subdivision Design Plan. All development should reflect the approved plan. The plan shows that the approved stoop setback distances range from 16 feet to 19 feet, measured from the parking area. Please do not hesitate to contact me if you have any questions regarding the information in this letter. Sincerely, Jeremy F. Camp Planner II JFC/kac U UeremytOlhertette V,=Court&tbackxwpd I November 17, 2000 Michael Prelip Construction, Inc. Attn: Michael Prelip 161 Commonwealth Court Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE. Approval of Subdivision Design Plan; Site Development Plan: and Subdivision Plats for Lexington Court Dear Mike: Frederick County administratively approved the referenced plans and plats on November 13, 2000. The Lexington Court project has been approved to establish 3 single-family urban residential lots and 26 townhouse lots which are accessible from Fairfax Pike. All site improvements depicted on the approved plans have been appropriately bonded and will be required to be developed and inspected as a condition of the release of this surety by Frederick County. I have provided you with two copies of the approved Subdivision Design Plan and Site Development Plan. Please ensure that an approved copy is maintained on -site for construction purposes. Please also provide our department with a copy of the recorded plats and deed of dedication for this project once these documents are available. Please do not hesitate to contact me if you have any questions regarding the information in this letter. Sincerely, Evan A. Wyatt, AI Deputy Director cc: Robert M. Sager, Opequon District Supervisor Jane Anderson, Frederick County Real Estate Sandy Jett, Commissioner of Revenue Office Tim Painter, Painter -Lewis, P.L.C. UAEvan\Common\Plan Reviews\LexingtonCourtSubdivisionDesignPlanAndSitePlanApprovalLetter.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 u 11- [I : 011]i4► 1 TO: Evan A. Wyatt, Deputy Director, Department of Planning and Zoning FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Worrk8 SUBJECT: Bond for Lexington Court DATE: November 2, 2000 Based on my review of the attached cost data provided by Mike Prelip and a site visit on November 1, 2000, I recommend a bond in the amount of $150,000 to complete the Lexington Court site work. I will inform Mike Prelip of my recommendation. HES/rls Attachment: as stated cc: file 107 North Kent Street • Winchester, Virginia 22601-5000 11/01/2000 15:00 5407222261 MICHAEL G PRELIP INC PAGE 06 ?- MICHAEL G. PRELIP, INC . C'USTOMHOME BUILDER rh - 161 CQmmanwealth Court 540-868-2500 Winchester VA, 2260,2 Fax 540-868-2900 STATEMENT November 1, 2000 Bank: . Marathen Bank 4045 Valley Pike. Winchesier, VA 22602 ` ' AT'TN: JefRiggleman Job Name: Lexington Court Townhomes �K Aµ ! f: 1BSCdRdOII Am0U11t Site Development $ 45,000.00 Total Dae; $ 459000.00 11/01/2000 15:00 5407222-61 MICFAEL G PRELIP INC WICHAEL G. PRELIP,ITC CUSTOMHO.W BUILDER 161 Commonwealth Court Winchester, VA 22602 . November 1, 2000 Mr, Ed Strosnider Frederick County Public Works Dear Ed, 540-868 2500 Fax -940-868-2900 Pursuant to our conversation this morning, i would to explain the billing and actual cost differences for the Lexington Court project. 1: The attached quote 'was for loan request purposes, and was figured as a: worst case sconano. 2. Attached. are current payments and most recent billing and my draw request for that. payment to be made this week 3, Total site development cost should come in at approximately S 265,000.00 4. The decrease is mainly due to the fill material, rock excavation and foundation work. I hadall of the fill material on other jobs around Stephens City as well as my office.buil.ding. This was paid for out of other project cost as we went, There was no. rock .excavation needed, and the foundation work will be part of building. expense rather titan, site development. 5. I have also attached a letter from John Nell certifying what he calculated with me and his estiuiafpr was left to complete. Please call me vdth questions or concerns. John assured me that the items that Joe Wilder. spoke with himabout would be complete by Thursday afternoon. PAGE 02 11/0112000 15:00 5407222261 MICHAEL G PRELIP INC PAGE 02 PROWE. R. NEFF EXCAVATING. 54M222261 NOU 1 ^000 12=59'M P.01 E.R. lieff Rzmvating► Inc. _ -------.`___......._,........�... _ ..,_.._ . ...._--- P.O. $ox 1427 Stephwo City, VA 226SS Tell (5q W1010 Fax (540) M7494. November'01, 2000 161 CmAnnommalth Coon Winer, VA 22M ftE: Lexinotm Court TowrOasc C)Mpkx we Wiar tk WAS Of ft work we prorsu to parfb m for your LaxiV m court project as . follows: S 61%01(* Doaicm and Aedinmt coatlral. 71,616.00 Ckaring, gmbbmg, dirt work, and excavation. 54,142.00 . Sanitary sewer nmholos, man line, and laterals. 47,425.00 (2) tirc hydrants asscmblks, watoc main piping and h t Ws. Not included are 12 x 8 tapping sleeve & valve wlbox to be furnished and hu alled.by KRA. 55,263.00 Sumn scwr skm;Wm. NW piping. 46,859.00 Cgnov►c cwb and gutter, sidewalks and ramps. 4,070.00 C�r�G�-�� ra.gn am, 83100 C'omehe CO-$ enuvr ce. 14,937.00 VDOT turr3 low and antrartcc. soo:oo.: Arivrwwy plaching. lfairfkx CAirt pavement. Pate 1 of 2 MICHAEL G PRELIP INC. PAGE 04 5407222251. NOV ' 2000 12;59PM P.02 11/01/2000 15:00 5407222261 MICHAEL G PRELIP INC PAGE 05 SQVII?� • MR74 Tel. ("V) a" -lust] FAX (S40) W9.7494 we e$timmo the coat to complm tits remaining work for your )Axington Court Townhcxm . lto}eact will he sppmxlmatcly $147,400.�. Qe, I�w o4lp 1So �a J FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 March 21, 2000 Mr. Tim Painter Painter -Lewis P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 RE: Lexington Court - Subdivision #02-00 and Final Plats and Site Plan #38-99 Dear Tim: I have had the opportunity to review the above -referenced Subdivision Plan recently submitted to this office. The following comments are offered and should be addressed accordingly prior to re- submission. Due to the similarity of the Site Development Plan and the Subdivision Design Plan, please consider the following review as inclusive of both plans. The re -submission of the plans should be in the form of a combined Subdivision Design Plan and Site Development Plan. I have enclosed a marked -up copy of the subdivision design plan for your use. 1) Please revise the title to state "Subdivision Design & Site Development Plan for ..." In addition, please incorporate an Owner's Certification Block into the cover sheet of the plan. 2) Please ensure that the adjoining property information is accurate and up- to- date on the plan and on the final plats. Through the development of the Sherando bike trail in that area, it is my understanding that the Georgetown Court parcel is actually entirely separated from this development by the Whitacre (formerly Story) property. 3) Please ensure that access to Open Space Parcel `B" is provided to ensure its perpetual use and maintenance by the Homeowners Association for the development. 4) Please revise the detail of the road design to provide the required grass utility strip located between the edge of the road pavement and the sidewalk. Most developments utilize a grass strip that is eighteen (18) inches in width from the back of curb. This usually ensures that the sidewalk remains within the VDOT right-of-way. In addition, please extend the sidewalk in the areas marked on the enclosed plan to allow for pedestrian circulation throughout the site. 5) Please verify the location of Building"C", Unit 1, and Building "D", Unit 6. As you are aware, the rear setback is fifty (50) feet from the property line. It appears as though both of these units encroach into this setback area.. If this is accurate, please adjust the location of these units to conform with the setback requirements. 107 North Kent Street - Winchester, Virginia 22601-5000 Lexington Court Subd. & Site Plan Review Page 2 March 21, 2000 6) Please revise the parking lot landscaping calculations and adjust the number of plantings accordingly. A review of the parking lot layout would indicate a perimeter of approximately six hundred (600) linear. feet. 7) Please include a note on the plan as marked to the effect "no accessory structures or fences shall be located within the active buffer area". 8) On the cover page, please provide an owner or principal certification block. In addition, please revise the approval block to include Zoning/Subdivision Administrator. 9) All multifamily residential developments are required to provide outdoor trash receptacles for the use of the residents of the development. Therefore, please include a dumpster, dumpster pad, and dumpster enclosure at an appropriate location on the site. As previously mentioned, I have included a marked copy of the subdivision/site plan for your use. In addition to those comments note above, please ensure that all of the minor comments marked in red are addressed prior to re -submission. The following comments are offered in review of the Final Plats: 1) Please ensure that any changes made to the final subdivision design plan are reflected on the final plats. 2) Please provide an accurate vicinity map on the cover sheet of the final plats. 3) Please ensure that all agency approval signatures, along with the notarized signature of the owner, have been executed and notarized prior to re -submission. 4) Please ensure that access to open space parcel `B" is provided on the final plats. 5) On sheet 4 of 9, please revise the building restriction line on lot 1 as marked. In addition, please show the required buffers on the same lot. 6) On sheets 5 of 9, and 9 of 9, please show the required buffer areas on open space "C" and lot 29. 7) Please include the previously -mentioned note concerning the erection of accessory structures and fences within the buffer areas. This principally applies to lots 17 and 29. Upon addressing all of the above comments, please provide this office with five copies of the final Lexington Court Subd. & Site Plan Review Page 3 March 21, 2000 subdivision and site development plan for approval. In addition, please provide this office with the necessary legal documents establishing the homeowners association, the deed of dedication for the subdivision, and a letter of credit in an amount sufficient to guarantee all physical improvements associated with the subdivision and development. All of the above must be provided prior approval of the final plats. Please contact me if you have any questions regarding this review. Sincerely, Michael T. Ruddy Zoning Administrator 77 MTR/cc U:\MIKE\Common\SUBDMS\PlanRevicw\lexcourt.wpd COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER August 9, 2000 Mr. E. R. Neff, Jr. C/O E. R. Neff Excavating, Inc. P. O. Box 1027 Stephens City, VA 22655 Dear Mr. Neff: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Lexington Court Route 277 Frederick County Enclosed is your approved Land Use Permit #855-05424 to cover the construction and maintenance of one street connection 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 00056463. Any inspection costs we incur will be billed to you monthly. Please be aware, this permit cannot be completed until VDOT receives a copy of the recorded plats. Please give Mr. Dave Heironimus a call at (540) 535-1828 at least 48 hours in advance of the start of construction to arrange for any necessary inspections. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Si ` erely,ff f Curtis J. Roy, Awy. Per r s 81 Subd. Specialist Sr. �' 1 2 00 Cj R/rf xc: Mr. Kelly Downs (w/ copy of permit) DEPT,OFPLANA'11'dG(DEVELOPMENT Mr. Dave Heironimus Mr. Bill Stover Mr. Kris Tierney WE KEEP VIRGINIA MOVING TO: Evan A. Wyatt, Deputy Director, Department of Planning and Zoning FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Wort SUBJECT: Bond for Lexington Court DATE: November 2, 2000 Based on my review of the attached cost data provided by Mike Prelip and a site visit on November 1, 2000, 1 recommend a bond in the amount of $150,000 to complete the Lexington Court site work. I will inform Mike Prelip of my recommendation. HES/rls Attachment: as stated cc: file 1,07 North Kent Street - Winchester, Virginia 22601-5000- a,qc9 ri k F -n 161 06mmoawealth Court 540-868-2500 Wiucbester,'VA 22602 Fax 540-868-2900 November 1, 2000 Nft., Ed Strosnider Frederick Comty Public Works Dear Ed Purs6nt to of c6nversatio'i. this morning, I would like to explain the billing and actual cast .&fferaces for the. L&Aingwn Court projocL 1, The attached quote vx-as fbr loan request purposes, and was figured a3 a., worst case scanado. 2. -Attached we. cupent paymmts and most recent billing and my draw request for tip payment to be made fts weds. 3 Tot il site -develapindat cost should corae in at appxoximatcly $ 265,000.00 4. The d=esO is mainly due to the fal material, rock excavation and foundation work.. I bad. all -of the fall material on other jobs around Steph=s Citf, as well as my offiee,buildi.4. This was paid fbr out of other project cost as we went Trier -was no. rock excavation needed, and the foundation work will be put of buildinj expense, rather then Site development 5. 1 have also attached a letter from John Ncff. certifying -What he calcWased with me and his estimiat'qrvas left to complote. Please call mewith questions or concems. John assured me that the item that Joe I%Tfider.spoker with him about would be complete by Thursday afternoon; Thazk YOU, �M.4G. Prelip U rtovember01, 2000 161 C04A i ouweam Cart Wl7 $i, VA 22602 n i exingt court Townmuse CornPkx Ve, e844ens of Rhe, WA, we se to Podo m for yow I-Axinsto VAX#I rirOdeKI, OS . S 6jr5W.t9 FTW4jM and=sedimm cossnt 7t b1+6'.t3t2 Ckati.-4 jr0boig, dirt wadc, and excavodom 54,142. W . Sundry sewer wmaholes, train line, and la a. 47,425.00 (2) fire hydrsm &w=Mks, avatar main piping sW ems. Not ireciude d are 12 x 8 ta*ng Aleeve & valve wAmxto lr, furuidwd sud instaUvd,by FC. y , 55,23 40 'Storm rm se -V M piping. t . Pgnmvto cab and guncr, sidmalks and znps. 933-00 , Coraft CO4 en"nce. 14,937-.00 VD(Y]' ttiM law RYA antwm, '21,812.� . t�airl'ax C>'c�an pav+�tent. ' - TO: Wayne Corbett, Deputy Treasurer FROM: Patrick Davenport, Zoning Administrator PT40 SUBJECT: Irrevocable Letter of Credit No. 11-00 - Michael Prelip Construction, Inc. (Lexingron Court Townhomes) DATE: July 6, 2001 We are in receipt of a reduction request for the above -referenced Letter of Credit. Please void Letter of Credit Number 11 -00 in the amount of $150,000.00 as a portion of the work -related construction activities have been completed to the satisfaction of the Subdivision Administrator, and the replacement Letter of Credit reflects the uncompleted work to be performed by Michael Prelip Construction, Inc., Lexington Court Townhomes. Please see attached letter from Marathon Bank dated June 14, 2001, with instructions in returning the above referenced Letter of Credit. Attached also find Irrevocable Letter of Credit Number 6-0 1 B, in the amount of $75,000.00, which has been issued to the Treasurer of Frederick County for the completion of the Lexington Court project. Please contact me if I may answer any questions regarding this memorandum. PTD/bah Attachment cc: Michael G. Prelip, Construction, Inc., 161 Commonwealth Court, Winchester, VA 22602 U:\Beth\Common\BOND.reductionMEMo.wpd 107 Nt,.,rth Kent Street - Winchester. Virginia 22601-50010 MEMORANDUM TO: Wayne Corbett, Deputy Treasurer R5 0 FROM: Patrick T. Davenport, Zoning Administrator I SUBJECT: Release of Irrevocable Letter of Credit No. 6-01B Lexington Court Townhouses - Michael G. Prelip Construction, Inc. DATE: June 25, 2004 Please release Irrevocable Letter of Credit No. 6-0113 that was issued to Frederick County for the account ofMichael G. Prelip Construction, Inc., for required improvements located in the Lexington Court Townhouses, in the amount of $75,000.00, All site improvements for this project have been completed to the satisfaction of the Frederick County Zoning Administrator. If you have any questions, don't hesitate to give me a call. PTD/dlw 107 North Kent Street - Winchester, Virginia 22601-5000 V fi. d D I w a A w co co L, THIS DEED OF GIFT, made and dated this��y of , 2001, by and between MICHAEL G. PRELIP, INC. a Virginia corporation, party of the first part, herein called the Grantor; LEXINGTON COURT HOMEOWNERS ASSOCIATION, INC., a Virginia corporation, party of the second part, herein called the Grantee; and DONALD L. UNGER, party of the third part, herein called the Trustee. WITNESSETH: The Grantor does hereby give, grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all those certain parcels in Frederick County, Virginia, designated as "Parking Area' and/or "Open Space" on the plats of LEXINGTON COURT, which are of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, with the Deed of Dedication as Instrument No. 000012013, Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. At the direction of The Marathon Bank, the party of the third part joins in the execution of this deed and hereby releases property conveyed herein from the lien of the Deed of Trust dated November 27, 2000, and recorded in the aforesaid Clerk's Office as Instrument No. 000012460. As is set forth in the deed of Dedication of said subdivision, the Grantee is required to maintain said parking areas and open space, is empowered to collect assessments, and has other duties and powers as set forth therein. WITNESS the following signature and seal: MICHAEL G.OPRELIP, President, Michael G. Kelip, Inc. (SEAL) ONALD L. UNGER, T stee STATE OF VIRGINIA, OF o-wit: Acknowledged before me this day o 20RR�� Michael G. Preli Inc., on behalf 2brf�'p y Prelip, who is President of M p, .� My commission expires: s o z g o� �RGii�q �ARaYPUBLIC �'•,,h�,,,>,,.,,,> STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: G. Acknowledged before me this oc/nd day of 2091; by Donald L. Unger, Trustee. 4 *• .2-.2,f My Commission expires: NOTARY PUBLIC ' VIRGINIA: F' ED RICK COUNTY, SCT. This instrument c+Ir"�«?ii%r.���^sac produced to me on /a.:=30 A.M. 'J th c: rti: cate of zc�.-co10v!zernr-it thereto annexed 4s admitted to record. Ta it;—, os, cd by Sec. 53.1-802 of and 58.1.801 h'IV' bCCr1 paid, if assessable i� 44v/� , Clerk 4. b THIS DEED OF GIFT, made and dated this/ //day of4��J�2001,by and between MICHAEL G. PRELIP, INC., a Virginia corporation (formerly MICHAEL G. PRELIP ENTERPRISES, INC.), herein called the Grantor, and LEXINGTON COURT HOMEOWNERS ,ASSOCIATION, INC., a Virginia corporation, herein called the Grantee. WITNESSETH: The Grantor does hereby give, grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all those certain parcels in Opequon District, Frederick County, Virginia, designated as "Parking Area" and/or "Open Space" on the plats of LEXINGTON COURT, which are of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, with the Deed of Dedication as Instrument No. 000012013. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. As is set forth in the deed of Dedication of said subdivision, the Grantee is required to maintain said parking areas and open space, is empowered to collect assessments, and has other duties and powers as set forth therein. WITNESS the following signature and seal: (SEAL) C L G. P IP, President, • Michael G. Prelip, Inc. STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: /j�,, Acknowledged before me this �ay 047f 2001, by`j President of Michael G. Prelip, Inc., on behalf of the company. 0 My commission expires: (— /L Y PUBLIC VIRGINIA: I=RED -RICK COUNTY. SCT. !'this inst.ur.iert of vvn in .gas produced to me on I w4 certiF ',)EU of acknowledgement ta&eto annexed ,s admitted to record. Ta imposed by Sec. 58.1-802 of .A._,.. , and 58.1.801 have been paid, if assessable. 4e,,t � , perk , who is 000012013 0 rn ca DEED OF DEDICATION and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of LEXINGTON COURT WITNESSETH: WHEREAS, Declarant MICHAEL G. PRELIP, INC., a Virginia corporation (formerly MICHAEL G. PRELIP ENTERPRISES, INC.) is the owner in fee simple of certain real property in Frederick County, Virginia, on the north side of Virginia Route 277 (Fairfax Pike) more particularly described on Schedule A attached hereto, and as shown and further described on the attached plats drawn by Douglas C. Legge, L.S., dated HARt.H ZZN° 2000, known as LEXINGTON COURT, and, WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots with the free consent and in accordance with the desires of the Declarant and in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Declaration, together with the applicable ordinances and regulations of Frederick County, Virginia; and, WHEREAS, the attached plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also show those certain easements reserved for installation and maintenance of water, sanitary sewer and storm sewer facilities for said lots), which shall constitute a portion of that development known as LEXINGTON COURT. NOW THEREFORE, Declarant hereby declares that the properties described above, with the exception of Lots 1, 2, and 3, shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, and dedicates portions of said property to Frederick County, Virginia, as hereinafter set forth in Article V L ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to LEXINGTON COURT HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plats of Lexington Court, with the exception of the Open Spaces. Section 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest solely as security for the performance of an obligation. Section 5. "Common Area" shall mean all real property (including the improvements thereto) owned by the association for the common use and enjoyment of the owners. The common areas to be owned by the association at the time of the conveyance of the first lot are described as "Open Space" and "Parking Area" on the attached plats. Section 6. "Member" shall mean and refer to every person or entity who holds membership in the association. Section 7. "Declarant" shall mean and refer to Michael G. Prelip Enterprises, Inc., now Michael G. Prelip, Inc., a Virginia corporation, and to its successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. ARTICLE 11 PROPERTY RIGHTS Section 1. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) the right of the association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (b) the right of the association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two thirds (2/3) of each class of members has been recorded. (c) the right of individual owners to the exclusive use of parking spaces as provided in Article V, Paragraph 5. Section 2. Delegation of Use. Any owner may delegate, in accordance with the bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Ownership of each lot shall entitle the owner thereof to the use of vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said parking area. The 2 association may permanently assign vehicle parking spaces for each dwelling. ARTICLE III MEMBERSHIP, VOTING RIGHTS, MANAGEMENT and INSURANCE Section 1. Every owner of a lot which is subject to assessment shall be a member of the association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Ownership of such lot shall be the sole qualification for membership. Section 2. The association shall have two classes of voting membership: Class A. Class A members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on July 1, 2001. Section 3. The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Spaces and Parking Areas to the association prior to the conveyance of the first lot. Section 4. The affairs of the association shall be managed by a board of not less than three (3), but no more than five (5) directors, who must be members of the association. The initial board of directors shall be appointed by the Declarant and serve until the first annual meeting following conveyance of the first lot in the Properties; thereafter, the board of directors shall be elected by the Membership as determined in the bylaws of the association. Section 5. The association shall keep. all insurable improvements and fixtures of the Common Area insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the association may deem desirable. The association may also insure any other property whether real or personal, owned by the association, against loss or damage by fire and such other hazards as the association may deem desirable, with the association as the owner and beneficiary of such insurance. The insurance coverage with respect to the Common Area shall be written in the name of, and the proceeds thereof shall be payable to the association. Insurance proceeds shall be used by the association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the association are common expenses included in the common assessments made by the association. 3 Section 6. In the event of damage to or destruction of any part of the Common Area improvements, the association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover such costs, the association may make a reconstruction assessment against all owners to cover the additional cost of repair or replacement, in addition to any other common assessments made against such owners. Section 7. All insurance policies shall be reviewed at least annually by the board of directors in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the property which may have been damaged or destroyed. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. The Declarant, for each lot owned within the Properties, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. The assessments levied by the association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties including but not limited to: (1) payment of real estate taxes; (2) improvement and maintenance of the common areas as defined above; (3) maintenance of the easements and storm sewer lines on the attached plats; (4) maintenance of bicycle path easements, sidewalks, curbs and gutters; (5) maintenance of and snow removal from parking areas; and (6) removal of trash, garbage or other waste from any central dumpster collection point(s); and maintenance of facilities and services in connection therewith. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of these facilities or abandonment of his lot. Section 3. In addition to the annual assessments, authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Spaces, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. 4 Section 4. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be One Hundred dollars ($100.00) per lot. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The board of directors may fix the annual assessment at an amount not in excess of the maximum. Section 5. In addition to the annual assessments authorized above, the association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3, 4, or 5 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the 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 60 days following the preceding meeting. Section 7. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 8. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified lot have been paid. An executed certificate of the association as to the status of assessments on a lot is binding upon the association as of the date of its issuance. 5 Section 9. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent per annum. The association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 10. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Spaces; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 12. The Common Area cannot be mortgaged or conveyed without the consent of at least two thirds (2/3) of the owners (excluding the Declarant). Section 13. In the event that the association, or its successors, shall fail to maintain the Open Spaces in reasonable order and condition Frederick County may take such action as authorized by the city's zoning ordinance or other regulations. The Frederick County zoning ordinance and regulations are by this reference made a part hereof as if set out in full. Section 14. Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Lexington Court. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE V GENERAL COVENANTS All lots shall be subject to the following restrictive covenants, which shall be covenants real running with the land: 1. All lots shall be used for single family residential purposes only. No detached garage nor carport shall be permitted on any lot. 2. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant reserves the right to use one or more of said lots for business purposes in connection with the development, sales and operation of the subdivision. 6 C: C+ 01 W 3. No signs or advertising of any nature shall be erected or maintained on any lot except for sale or rental signs for said lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup truck, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. No vehicles shall be parked in an area other than the parking areas designated on the attached plats. 5. No animals of any kind shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no household pets shall be permitted to run at large in said subdivision. 6. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 8. Each owner shall keep all lots owned by him and all improvements thereon in good order and repair and free of debris, including, but not limited to the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. 9. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the other under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any owner to contribution from any other owner under this Article shall be appurtenance to the land and shall pass to such owner's successor in title. 10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers and deposited in the 7 provided dumpsters. No refuse or any container for same shall be placed or stored in front of any townhouse. 11. No fences shall be erected on any lot except as approved by Declarant, who shall provide examples of acceptable fencing. No other building, structure, addition nor exterior alteration (including basketball backboards, rims and nets) or improvement of any character shall be constructed, erected or maintained upon any lot or dwelling located thereon, nor shall any exterior addition, change or alteration thereto be made until the plans and specifications of construction, including quality of workmanship, design, colors and materials, showing the nature, kind, shape, height, materials, and location of the same shall, have been submitted to and approved in writing by the board of directors of the association as being in harmony with the whole subdivision, or by an architectural committee composed of three (3) or more representatives appointed by the board. In the event said board, or its designated committee, fails to approve or disapprove such design and/or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 13. The Declarant herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Declarant further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition, and such imposition shall not affect the binding effect of these provisions upon any other lots. 14. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE VI EASEMENTS Section 1. The property described herein is subject to those certain easements or rights of way designated on the aforesaid attached plats as (or similar language): Bicycle Path Easement Waterline Easement Sanitary Sewer Easement Active Landscape Easement Inactive Landscape Easement Inactive Buffer Active Buffer The Declarant does hereby grant and convey unto Frederick County a perpetual right of way or easement over the aforesaid rights of way for buffers, landscape, and for the installation and maintenance of water and sewer lines and any related facility designated on the said plats. Section 2. The property described herein is further subject to those certain easements or rights of way for the purpose of water drainage, which are designated on the aforesaid attached plats as "drainage easement", and to those certain pre-existing easements or rights of way designated on the aforesaid attached plats as "access easement". No structures of any kind may be placed within said easements designated on the aforesaid attached plats. Said easements may not be altered or modified without the prior consent of Frederick County, and the Declarant does hereby grant and convey unto Frederick County a perpetual right of way or easement over the aforesaid designated drainage easements for the purpose of so providing drainage. Declarant does further agree that Frederick County shall be under no obligation to maintain said drainage easements, provided, however, that in the event the association fails to maintain said surface drainage easements, then, and in that event, Frederick County shall have the right to maintain the same and charge the association pursuant to the provisions of Article IV, Section 12 above. Section 3. Each lot shown on the aforesaid attached plats is further subject to an easement for the benefit of all other lots for the installation, maintenance and replacing of pipes and lateral lines necessary for water and sanitary sewer services serving those other lots. No structures of any kind may be placed over said easements. Section 4. The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along a strip 10 ft. along the front and rear of each lot and along those areas intended for public access on the attached plats and over the Open Spaces as needed, provided that such easement shall not interfere with the use and enjoyment of the Open Spaces. ARTICLE VII DEDICATION OF COMMON AREAS Declarant, in recording these plats of LEXINGTON COURT, has designated certain areas of land on the aforesaid attached plats as "open space", and "parking area", which spaces are intended for use by the homeowners in Lexington Court for parking, recreation, and other related activities. The designated areas are not dedicated hereby for use by the general public (except for the bicycle path, which is hereby dedicated to public use), but are dedicated to the common use, convenience, and enjoyment of the 9 THE FOREGOING INSTRUMENT WAS ACKNOWLEDED BEFORE ME ON BY M i charm I G-'Pcfl;j2 ON BEHALF OF MICCHAEL G. PRELIP ENTERPRISES, INC. ` MY COMMISSION EXPIRES taped°on um jury 31. 2002 SURVEYOR'S CERIIFICATE 1 HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS THE LAND CONVEYED TO MICHAEL G. PRELIP ENTERPRISES, INC., BY DEED DATED 20 NOVEMBER 1998, AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, WRGINIA IN DEED BOOK 921 AT PAGE 1636. FINAL PLAT OF SUBDIVISION yTx of r LEXINGTON COURT r� 9 a3 8 OPEOUON MAGISTERIAL DISTRICT No. 001197 FREDERICK COUNTY VIRGIN14 3`2Z14 U DATE. 22 MARCH 2O00 COVER SHEET SHEET 1 OF 9 t9`l'D sutos"o4 Marsh & Legge Land Surveyors, P.L.0 Ok560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22801 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL nills®shentel.ne DWG NAME: ID1245 \� 1 AT SHfRAN00 \ IRF / OPEN SPACE "A" !OT 7 9 • �� -10 QP� 8" G pT 9 pT pT � G pT / GOT � B T GOT GOGO T4 <pT T?S C-2' O.S. "A" GOT ?�> GpT / / SHEET 5 z9 / LOT 3 0.5. "C" P J V0 IRF LOT 2 SHEET 4 / v / LOT I / FAQ FgX�o.?>> IRF FINAL PLAT OF SUBDIVISION LEXINGTON COURT LE END IRF — IRON ROD FOUND IPF — IRON PIPE FOUND 0. S. — OPEN SPACE D.E. — DRAINAGE EASEMENT RES. — RESIDENTIAL KEY MAP TH OF 5wi I OPEQUON MAGISTERIAL DISTRICT ISO. 00119$— FREDERICK COUNTY, �/RGIAIM DATE 22 MARCH 2O00 1 NOT TO SCALE-7 SHEET 2 OF 9 t9h'D SU��L't°4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0466 - FAX (540) 667-0469 - EMAIL mllsOshentelmet DWG NAME: 191245 EASEMENT LINE TABLE LINE I DIRECTION DISTANCE El N75'49'54"E 22.24' E2 S37'11'13"W 29.96' E3 N33'12'15"E 79.97 E4 N30'46'27"E 120.82' E5 S5913'33"E 23.23' E6 S30'46'27"W 186.11' E7 S6510'34"E 54.05' E8 S49'19'56"E 79.46' E9 S71I1'20"E 119.99' E10 N71'11'20"W 99.60' Ell N4919'56"W 80.54' E12 N65'10'34"W 53.81' E13 S33'12'15 W 70.76' E14 S37'1113"W 41.52' E15 S75'49'54"W 68.71' E16 S49'28'49"W 97.56' E17 N13'29'34"E 76.83' E18 S35'59'34"W 47.94' E19 S22'43 25"W 163.35' E20 S29'55'41 "W 104.75' E21 S39'53'50"W 37.62' E22 N39'53 50"E 44.03' E23 N29'55'41"E 103.01' E24 N22'43'25"E 163.35' E25 N60'09'40"W 2.60 E26 N29'50'20"E 20.00' E27 S60'09'40"E 2.60' E28 N35'59'34"E 43.96' E29 N13'29'34"E 45.31' E30 S49'28'49"W 7.12' E31 S35'59'34"W 205.37' E32 S19'31'00 W 195.95' E33 S29'12'30"W 219.02' E34 N60'47'30"W 20.00' E35 N29'12 30"E 217.33' E36 N19'31'00"E 197.15' E37 N35'59'34"E 210.63' E38 N49'28'49"E 37.02' E39 N13'29'34"E 4.45' E40 N35'59'34"E 74.78' E41 S82'07'27"E 42.33' E42 S72'04'39 E 78.16' E43 S59'48'07"E 82.77' E44 S79'05'15"E 84.34 E45 N29'46'39"E 138.02' E46 N79'05'15"W 102.04' E47 N59'48'07'W 86.17' E48 N30'11'53"E 20.00' EASEMENT CURVE TABLE CURVE RADIUS I LENGTH I CHORD I BEARING EC1 990.00' 229.27' 228,76' S29'21'30"W EC2 1010.00 127.00' 126.91' S26-19'33"W EC3 990.00' 124.48' 124.40' N26'19'33"E EC4 1010.00' 115.43' 115.36' N25'59'51"E EC5 1010.00' 98.48' 98.44' N33'11'58"E CURVE TABLE CURVE RADIUS LENGTH CHORD BEARING CI 200.00 53.07' 52.92 . N255103 E C2 225.00 13.84 13.84 N314126 E C3 505.00' 39.59' 39.58 0740 55 E C4 55.00' 177.05' 109.92' N65-29'00 W C5 55.00 76.91' 70.80 S1746 00 E C6 10.00' 15.32 13.86' S13*57 01 E C7 200.00' 12.30' 12.30' S314126'W C8 230.00' 48.61' 48.52 S272355 W C9 230.00' 12.01' 12.01' S19*50'54 W AREA SUMMARY AREA IN SINGLE FAMILY LOTS 0.8628 ACRES AREA IN TOWNHOUSE LOTS 1.5573 ACRES AREA IN R/W DEDICATION 0.0256 ACRES AREA IN RIGHT-OF-WAY 0.6013 ACRES AREA IN PARKING 0.4634 ACRES AREA IN OPEN SPACE 1.3531 ACRES TOTAL AREA SUBDIVIDED 4.8635 ACRES MINIMUM SETBACK REQUIREMENTS (TOWNHOUSE): MINIMUM FRONT SETBACK = 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION = 30' SIDE = 50' FRONT & REAR PERIMETER BOUNDARY SETBACK = 30' SIDE = 50' REAR MINIMUM SETBACK REQUIREMENTS (SINGLE FAMILY - URBAN): FRONT = 35' REAR = 25' SIDE = 10' NOTE: NO ACCESSORY STRUCTURES OR FENCES SHALL BE LOCATED WITHIN THE ACTIVE BUFFER AREA OR WITHIN THE AC77VE LANDSCAPE EASEMENT. ALL PROPERTY OWNERS IN LEXINGTON COURT ARE REQUIRED TO BELONG TO THE LEXINGTON COURT HOWE OWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PARKING AREAS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS, ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS ATTACHED HERETO. FINAL PLAT OF SUBDIVISION H OF LEXINGTON COURT e OPEOUON MAGISTERIAL DISTRICT 0. 001197 FREDERICK COUNTY, �IRGINIA DATE: 22 MARCH 2O00 SHEET 3 OF 9 t4*D SURVE��4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.net DWG NAME: ID 1245 Q W D V) 0 6 I Q W to 00 aj j z= a � 0 O N SEE SHEET 3 OF 9 I N LOT 3 I �°• S7051'59"E 129.81' i N I LOT 2 / I W C IW;: :WI 9 12,189 SQ. FT Q I= o 'I I iN �l^71 1� I co S70_51'59'E 112.59' W: _ - i E�� cv LOT 1 113,349 SO. FT. I j. + �. o . I EXISTING C5 N 2 DWELLING M 2v I 5 ACTE MNDSCAPE- (SEE NOTE ON SHEET 3) 25' INACTIVE LANDSCAPE / EASEMENT /.::: DRAINAGE rinti7'F7'W 92.70' CA) I , lt_ `arn PIN 86-5-C AXLINE ZONED: RP USE: RES. EASEMENT IRF 1 . -�"-T A@ 31J0 (31.63') _21: N 150.00' AXLE N72i 8'00"W (6 s') FOUND 0.0256 ACRES VA. ROUTE 277 - VARIABLE WIDTH R/W HEREBY DEDICATED TO FAIRFAX PIKE COMONWEALTH OF WRGINIA FOR ROAD WIDENING MINIMUM SETBACK REQUIREMENTS: (SINGLE FAMILY — URBAN) FRONT = 35' REAR = 25' SIDE = 10' SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. F/NAL PLAT OF SUBDIVISION LEXINGTON COURT OPEQUON MAGISTER14L DISTRICT FREDERICK COUNTY, VIRGIN14 DATE.' 22 A14RCH 2O00 1 SCALE- 1 "=40' 1 SHEET 4 OF 9 GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 - FAX (540) 667-0469 - EMAIL mllsOshentelme DRAWN BY: HH DING NAME: 1D 1245 0 v W w N Div _ PIN 86-5-A � OST ZOilIEO. wRq ACRE 90 P� 19a HERBAUGH RES oB Ag2 ' ZONED: RP USE: RESIDENTIAL o o cn ` N22'43'25"E N 381.80' AXLE 100.20 108.21' 27.09' FOUND 0 z — —I ` OPEN SPACE 'A' LOT 3 `0 1.0975 ACRES r' LOT 2 I IZO47 SQ. FT. , $ LOT 4 ro / \E48 I SANITARY E35 C WER EASEMENT E36 E S2955'41'Wj LEXINGTON G `,o o/ E32 c2 COURr E24 --e—'' �-- N29 55'41 " EC3_f�: 2 ECZ 20' WATERLINE EASEMENT C3 — — — S29'S5'41 "W .'300.00' N2644'17 E r I 45.66 4 J m - �� I PIN 86-5-C AXLINE n' rn I OPEN SPACE 'C'CA ZONED: RP VmZ� 9,202 SQ. FT. -+ m I USE: RESIDENTIAL ao 75' INACTIVE BUFFER l o� w a rn 0 rn w LOT 29 z w AC71VE BUFF! (SEE NOTE ON SHEET 3) _ E45 10' ACCESS PIN 86-5-DJ—_86_.81'77.43' EASEMENT ZONED: RP SUSE.• RESIDENTIAL I S29 4B'39"H/ 579,25 PIN 86-5-E SHIFLETT GRAPHIC SCALE MINIMUM SETBACK (SINGLE FAMILY - URBAN): ZONED: RP 0 20 40 80 FRONT = 35' USE RES.--�---{ REAR = 25' SIDE = 10' SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. 1 INCH = 40 FEET FINAL PLAT OF SUSDII/ISION �TH OF `rA LEXINGTON COURT OPEQUON MAGISTERIAL DISTRICT N0. 001197 FREDERICK COUNTY, VIRGINIA DATE. 22 MARCH 2O00 1 SCALE.' 1"=40' SHEET 5 OF 9 C9ND SURNE-too Marsh & Legge Land Surveyors, P.L.C. 660 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.net DWG NAME: ID1245 SEE SHEET 7 OF 9 N W /LU Lor 10 C w ` E7 n!Q n "o /'� 4911{y 'a /ice l E27 /�/ / i , 1100p, f8 ...... S6716 3 "E E12 107.59'� %' W � / f10E' E25 . . o ,' LOT 9 - 3,838 SQ. FT. 0 1 i N pW/^ /� ' ,o �567'16'35"E 1 f0.00' 00 LOT 24 Q ^� LOT 8 Z200 SQ. FT' S6776'35 E 11040 Lp.00' g /¢� : LOT 25 'v N LOT 7 - 2,200 SQ. FT. N� ^`%i - x N 2 o S67'16 35 E 110.00' $� ;3/¢ Lu Z. ^ LOT 26 4, Z LOT 6 - 2,200 SQ. FT N�a� / N S67-16'35"E 110.00 / zo I LOT 27 LOT 5- 2,200 SQ. FT. N r N 2 S67'16'35 E 110.00' R w M x LOT 28 r M LOT 4 - 3,850 SQ. FT.� 0 I LOT 29 / N6776 35"W 115.00'E43 M / I' ."� OPEN SPACE A'� 11919---------E__-44--- AXLE 1.0975 ACRES �W 20 A/NAG\ �� 41.70OUND ` �� E47 �MENi . 6 POSIE 70'20'15"W�UN`� S7051'59'E80.54' N643350-W.cj ; r LOT 3 n/ I w �1 J J © W Z II//W w C3 m SEE SHEET 5 OF 9 W O GRAPHIC SCALE 0 20 40 80 SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES, 1 INCH = 40 FEET FINAL PLAT OF SUSDI�ISION o��71%r LEXINGTON COURTa ,� a OPEQUON MAGISTERIAL DISTRICT No. 001197 FREDERICK COUNTY, VIRGINIA DATE' 22 MARCH 2O00 SCALE- 1"=40' SHEET 6 OF 9 t9`YD SUR`1E�o4 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.net DWG NAME: ID1245 SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. EC 2 E R GRAPHIC SCALE RANpp SS O N 0 20 40 so NGE P1 Sk-RP 1 v i� m , 25 /ja o i INCH = 40 FEET I Zo�51�12 OPEN SPACE A' WI.... c IRF o 1.0975 ACRES % I ' S54'00'26"E 55.00' S452g' E I... /R=60.00 j- -----,--- ; _23"__65.00' �j�L-6/z 3� N • 20+ BICYCLE PATH ESM'T: • • ,. TE 01 $NFFER N5400'26"W 53.50' 'S 55.86' •�j }. �.(`'EEIA PG�% �^ N4 2923" •�� 2% � C�VE NI/jFE/ RL=38.07�'�^ OPEN SPACE "A" �5 �w�•' 1.0975 ACRES S54 00'26 E_ 110, 00' o 12.097--� % \� E5 / \ C i LOT if 1,850 SQ. FT. $ �j S54'00'26"E 110.00' $ LOT 16 - 2,200 SQ. FT. '8 0)w o S54'00'26 E 110.00' NI LOT 18 Q oo' LOT 15 - 2,200 SQ. FT. $ W CN z W� S5400 26 E 110.00' N $� ¢ `' C. . o LOT 19 _z `n $ LOT 14 - Z200 SO. FT. $ °'� z w o wo 'Y a w 000 N 540026E 110.00' NI 3 Q z `b LOT 20 w N 4,�LOT 13 - Z200 SQ. FT o ='� �-� I:. ..,w c=„ 2 0 1 S5400'26`E 110.00' N to Li 3 :."�� LiT — c' 1i LOT 21 �'' / OT 12 - 2,200 SQ. FT. ,'�, w 2 S5400'26 E 110.00' N �� Z LOT 22 T 11 - 2,200 SQ. FT. o %� z 54'00'26 E 110.00' N � U w z ¢ LO z LOT 23 Z $ / 0 T 10 - 3,850 SQ. FT $ w /n ` N� JE27 E� E8 �' E9 +� S. "C" OPEN SPA�19026 W 110.00 2 D.E E25.... 4 p w/ 2 1'0975 AC.� ,/A 107 5g E11 LOo g6776.35 E SEE SHEET 9 OF 9 / W2 LOT 9 SEE SHEET 6 OF 9 FINAL PLAT OF SUBDIVISION LEXINGTON COURT Oo7 f� OPEQUON MAGISTERIAL DISTRICT 001197`' FREDERICK COUNTY, VIRGINIA DATE' 22 MARCH 2O00 SCALE. 1"=40' SH££T 7 OF 9\No. 9ND SUR_4Sto4 Marsh & Legge Land Surveyors, P.L.C. %7660 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA .22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentelmet DWG NAME: ID1245 SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. v1�E 1e4��10a PN p� SN5. PGEP1 ON PErj 5OI O GRAPHIC SCALE 1,00E0- R SOS �g 5� o Zo 40 _ 80 1 INCH = 40 FEET /4' N OFFER � � SHEE1 3i i PIN 86-5-E OPEN SPACE "A" F E No1E ON BUFFER/ SHlFLETT (SE 11\fE � ZONED: RP 1.0975 ACRES , 2j c� USE. RESIDENTIAL CO OPEN SPACE "A" 1.0975 ACRES LOT 17 0 S540026E 98.3 20.00' LOT 16 S3534"W w{pLn N LOT 18 3,488 SO. FTLOT 15 Cl) S5400'26E 100 _ 026 E102o W o LOT 14 40 0oLOT190,0o5-2yo w LOT 20 - 2,040 S0. zJTLOT 13 S54 00'26 E 102.0o'— CS cO M,N� W 3.. o LOT 21 - 2,040 SQ. FT LOT 12 to Q coV Z N—S5400'26"E 102.00' N ^/� �Z'c LOT 22 - 2,040 SO. FT. LOT 11 I w "4 —S5400'26 E 102.00' N�3 / $ LOT 23 - 3,570 SQ. FT. $ � LOT 10 / E9 1771,�; /I E27 — N540 20'" 6 W 102.00'1 / OPEN SPACE B" E8 w .:.:O:S 72.71 0' ' �24.74 .55: 1,934 SQ. FT. 2D /. i ESMGf E25.. S� 6 ELO 24 E10 wl E11/ LOT 9 SEE SHEET 9 OF 9 FINAL PLAT OF SUBDIVISION LEXINGTON COURT OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN14 DATE- 22 MARCH 2O00 1 SCALE- 1"=40' 1 SHEET B OF 9 TH OF 5ge 0.00119 t9ND SURVSt'�Q* Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.ne DRAWN BY: HH DWG NAME: ID 1245 G1 C"D h% SEE SHEET 7 OF 9 zOT 10 0. S. "A "T LOT 9 o LOT 8 W LOT 7 w N LOT 6 LOT 5 LOT 4 OPEN SPACE "A" 1.0975 AC. f;Z;� SEE SHEET 8 OF 9. Z07- c" N54VO, E9 \ E25' 5.. C ��� 00 20' R ES\ E11 r S6716'. 77.92' LOT 24 - 3,502 SQ. FT. S6716'35"E 102.00' C1' 2.. o LOT 25 - 2,040 SQ. FT. o� Ov w o N _ S6776'35'E 102.00' p I: w't o LOT 26 - 2,040 SQ. FT. �� o o w o= x z "w N — S6716'35"E 102.00'— \ V ¢ j x LOT 27 - 2,040 SQ. FT. o v V o N—S6716'35 E 102.00' N o LOT 28 - 2,040 SQ. FT. o� N _S67'16X"E 102.00'— M M LOT 29 - 3,569 SQ. FT. w w SHEET 3) C4 c S (SEE NOTE ON ' CTIVE BUFFER 25A / N67'16'35'W - 101.42' lil S °C) m PEN SPACE "B' 1, 934 SO. FT. 1 N PIN 86-5-E I of SHIFLETT ,^� ZONED: RP USE. RESIDENTIAL 2 E43 �44, R NAOE ES"' 10' ACCESS EASEMENT LL E47 E46y V- sr N N6433'50"W :.1 31.00 A I rn OPEN SPACE "C" C 9,202 SQ. FT. C5 \ w AM LOT 3 / "W :.: 'I IRF N 80.00' + h N72*06 39 W PINSNYDER D / C6 1 �I... ... W ZONED: RP W PIN 86-5-C AXLINE USE: RES. SEE SHEET 5 OF 9 ZONED: RP GRAPHIC SCALE USE. RES. .0 20 40 80 SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. 1 INCH = 40 FEET FILIAL PLAT OF SUBDIVISION o.TH PIOF LEXINGTON COURT . _ . � OPEQUON MAGISTERIAL DISTRICT No. 001197 FREDERICK COUNTY, VIRG/N/A DATE. 22 MARCH 2O00 SCALE. 1 "=40' SHEET 9 OF 9 t9ND suevE��4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - PAX (540) 667-0469 - EMAIL mlls®shentel.net DWG NAME: ID1245 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on and with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of s N 1V , and 58.1-801 have been paid, if assessable L4;7Ierl'v Clerk August 12, 2003 Ms. Mary Keiter 165 Lexington Court Stephens City, Virginia 22655 RE: Lexington Court Frederick County, Virginia Dear Ms. Keiter: In response to your letter dated August 3, 2003, I offer the following responses to your questions and/or concerns: 1) I would like to know if sump pump pipes corning from the townhouses to the drainage easement are supposed to be exposed ff they are not supposed to be exposed what steps need to be taken to address the fact that they are exposed for units 4 -17? I, f the sump prmap pipes are supposed to be exposed then what steps need to be taken to change units 18- 29 that have their s inp pump pipes covered Is the sump pump pipes being covered part of a county inspection? Frederick County does not have an ordinance or regulations that address sump pump discharges. In accordance with the uniform statewide building code (U.S.B;C.), sump pumps are required to be properly wired and the discharge shall drain away from the townhouse units. 2) Was the drainage from the gutters supposed to be extended under the sidewalks to the parking lot? I was informed that the original site plan called for this drainage to be extended to the parking lot. Was there a change to the original site plan? Note 3 under Stormwater Management on page 2 of 11 of the original site plan indicates the following: "All downspouts shall be piped to the parking area or to the storm sewer conveyance channels, as indicated on the plans. No details were shown on the plans for this note. Frederick County has no requirement to place downspouts in a pipe and/or to channel the water to the parking area or storm sewer conveyance channels. In accordance with the U.S.B.C., the builder was required to place a splashguard at the discharge point of the downspout and to allow the stormwater to drain away from the townhouse units. 107 North Dent Street • Winchester,' Virginia 22601-5000 Was the drainage easement near unit 4 designed to leave water pooled at the beginning of the easement? This water never seems to drain all the way and has become a mosquito it!fested swamp. The approved site plan indicated a slope of 0,42 percent behind unit 4. Lexington Court Subdivision was graded in accordance with the approved plan. We performed a site visit on Monday, August 11, 200' ). At that time, we observed standing water on the adjacent property (tax map identification number 86-A-90). Because it has been determined that water pooled on this site prior to the development of Lexington Court, we can not address the issue of standing water on this adjacent lot. 4) Is there a county code that outlines the regulations for drainage easement design, installation, maintenance, and alterations? If so where can Ifind it? Does this code describe the responsibilities of your department and those of the homeowner? Do these codes address what steps needs to take place when alterations are done to drainag, e easements altering their water flow and capacity? When the Home Owners Association isformed will it be held responsible for enforcing this code? Currently, Frederick County does not have a stormwater or drainage ordinance. However, in 2002, Frederick County did adopt some policies under an erosion and sediment control ordinance which apply to minimum slope requirements in subdivisions which have a minimum slope of two (2) percent or greater. If the slopes are less than two (2) percent within a drainage easement, the stormwater shall be conveyed in a storm sewer pipe or a paved ditch shall be installed. However, at the time the Lexington Court site plan was approved (August, 1999), this ordinance was not in effect. Consequently, these requirements cannot be enforced on a site plan that was approved prior to the date this ordinance was enacted. With regards to the issues that pertain to home owner responsibility for maintenance of these easements, this information may be found within the covenants of the subdivision. The public works department has no responsibility for maintaining any easements located within subdivisions. Those responsibilities lie with the home owners association once established or with the developer. A copy of the covenants for Lexington Court are on file in the Frederick County Planning and Development Department. 5) How can we get an estimate of the costs associated with restoring the easement to its approved status? The development would be responsible for determining exactly what changes have been made to the easement. Once those changes have been determined, it would be necessary for you to obtain estimates from contractors to correct any deficiencies. 6) Is Mr. Michael G. Prelip allowed to disturb the land after obtaining an occupancy pertnit or is a second Icuid disturbance permit required? A land disturbance permit does not have time limitations. Once the permit has been issued, the permit holder can perform work within that development until the site work has been completed and stabilized in accordance with the approved site plan. 7) Was the drainage easement required to be finished before an occupancy permit was issued? During site development, land disturbance compliance items and occupancy permits which are issued by the Frederick County Inspections Department are non - related items. Mr. Prelip, did obtain several occupancy permits prior to completion of the work within the drainage easement. However, Frederick County held a bond during the site development and construction phases. Frederick County was tasked with ensuring that the site work was completed in accordance with the approved plan. Frederick County, therefore, instructed Mr. Prelip to grade the site in accordance with the approved plan. I trust that these responses have addressed the specific questions you had. If you have any other questions or comments, do not hesitate to contact me. Sincerely, /oeC. eWilder Civil Engineer JCW/rls CC' Patrick Davenport, Zoning and Subdivision Administrator file C-.NCorel%NN'oi-dPtrfect\RliondatiE&S-Drain.s.-eVexino.tonet.keiterltr.wpd December 20, 2004 Ms. Mary Keiter 165 Lexington Court Stephen City, VA. 22655 RE: Bond for Lexington Court Townhouses Dear Ms. K.eiter: This letter is in response to your correspondence dated December 5, 2004, inquiring about the Irrevocable Letter Of Credit (bond) for Lexington. Court Townhouses. Research of county records indicates the Irrevocable Letter Of Credit for Lexington Court Townhouses was released on June 25, 2004. All of the requirements of the Frederick County Zoning, and Subdivision Ordinance have been met and complied with. Please contact nee at (540) 665-5651 with any questions you may have. Sincerely, Mark R. Cheran Zoning, Administrator cc: John R. Riley, Jr. Richard C. Shickle Bill M. Eyeing MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 August 5, 2003 Ms. Mary Keiter 165 Lexington Court Stephens City, Virginia 22655 RE: Lexington Court Dear Ms. Keiter: I am in receipt of your letter dated July 22, 2003, in which you expressed additional concerns regarding Lexington Court. Your questions are italicized and my responses follow. 1. What are the outstanding requirements Mr. Prelip has to fulfill in order to receive his $75,000 bond? Recommendations forbond release are still due from the Parks and Recreation Department and the Fire Marshall. The bond will be released when all County Departments have provided final approval of the project. Due to the nature of this project and the concerns expressed during the development process, I will seek reassurance from 01 departments concerning their approval of the project. 2. What will happen if Mr. Prelip does not fueill his requirements with the county departments? The bond will not be released or reduced until Mr. Prelip has completed all required work associated with the project. If you have any further questions, please feel free to call. Sincerely, Patrick T. Davenport Zoning a -ad Subdivision ,Administrator IO,"t cc: Mr. Michael Prelip Frederick. County Department of Public Works Frederick County Department of Fire and Rescue bc: John R. Riley, Jr., County Administrator Robert M. Sager, Supervisor, dpequon District U:1Patde]XommonWisc comsp\Keiter Ietter2_ Lexington Courtwpd 107 North Kent ;Street - Winchester, Virginia 22601-5000 000012013 v GJ DEED OF DEDICATION and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of i WITNESSETH: WHEREAS, Declarant MICHAEL G. PRELIP, INC., a Virginia corporation (formerly MICHAEL G. PRELIP ENTERPRISES, INC.) is the owner in fee simple of certain real property in Frederick County, Virginia, on the north side of Virginia Route 277 (Fairfax Pike) more particularly described on Schedule A attached hereto, and as shown and further described on the attached plats drawn by Douglas C. Legge, L.S., dated M ARP -a 2 Z'=p , 2000, known as LEXINGTON COURT, and, WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots with the free consent and in accordance with the desires of the Declarant and in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Declaration, together with the applicable ordinances and regulations of Frederick County, Virginia; and, WHEREAS, the attached plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (and also show those certain easements reserved for installation and maintenance of water, sanitary sewer and storm sewer facilities for said lots), which shall constitute a portion of that development known as LEXINGTON COURT. NOW THEREFORE, Declarant hereby declares that the properties described above, with the exception of Lots 1, 2, and 3, shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, and dedicates portions of said property to Frederick County, Virginia, as hereinafter set forth in Article VII. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to LEXINGTON COURT HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation, its successors and assigns. 1 V TO C 7 Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plats of Lexington Court, with the exception of the Open Spaces. Section 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest solely as security for the performance of an obligation. Section 5. "Common Area" shall mean all real property (including the improvements thereto) owned by the association for the common use and enjoyment of the owners. The common areas to be owned by the association at the time of the conveyance of the first lot are described as "Open Space" and "Parking Area" on the attached plats. Section 6. "Member" shall mean and refer to every person or entity who holds membership in the association. Section 7. "Declarant" shall mean and refer to Michael G. Prelip Enterprises, Inc., now Michael G. Prelip, Inc., a Virginia corporation, and to its successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. ARTICLE II PROPERTY RIGHTS Section 1. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) the right of the association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (b) the, right of the association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two thirds (2/3) of each class of members has been recorded. (c) the right of individual owners to the exclusive use of parking spaces as provided in Article V, Paragraph 5. Section 2. Delegation of Use. Any owner may delegate, in accordance with the bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Ownership of each lot shall entitle the owner thereof to the use of vehicular parking spaces which shall be as near and convenient to said lot as reasonably possible, together with the right of ingress and egress upon said parking area. The 0q association may permanently assign vehicle parking spaces for each dwelling. ARTICLE III MEMBERSHIP, VOTING RIGHTS, MANAGEMENT and INSURANCE Section 1. Every owner of a lot which is subject to assessment shall be a member of the association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Ownership of such lot shall be the sole qualification for membership. Section 2. The association shall have two classes of voting membership: Class A. Class A members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on July 1, 2001. Section 3. The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the Open Spaces and Parking Areas to the association prior to the conveyance of the first lot. Section 4. The affairs of the association shall be managed by a board of not less than three (3), but no more than five (5) directors, who must be members of the association. The initial board of directors shall be appointed by the Declarant and serve until the first annual meeting following conveyance of the first lot in the Properties; thereafter, the board of directors shall be elected by the Membership as determined in the bylaws of the association. Section 5. The association shall keep all insurable improvements and fixtures of the Common Area insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the association may deem desirable. The association may also insure any other property whether real or personal, owned by the association, against loss or damage by fire and such other hazards as the association may deem desirable, with the association as the owner and beneficiary of such insurance. The insurance coverage with respect to the Common Area shall be written in the name of, and the proceeds thereof shall be payable to the association. Insurance proceeds shall be used by the association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the association are common expenses included in the common assessments made by the association. 3 Section 6. In the event of damage to or destruction of any part of the Common Area improvements, the association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover such costs, the association may make a reconstruction assessment against all owners to cover the additional cost of repair or replacement, in addition to any other common assessments made against such owners. Section 7. All insurance policies shall be reviewed at least annually by the board of directors in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the property which may have been damaged or destroyed. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. The Declarant, for each lot owned within the Properties, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. The assessments levied by the association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties including but not limited to: (1) payment of real estate taxes; (2) improvement and maintenance of the common areas as defined above; (3) maintenance of the easements and storm sewer lines on the attached plats; (4) maintenance of bicycle path easements, sidewalks, curbs and gutters; (5) maintenance of and snow removal from parking areas; and (6) removal of trash, garbage or other waste from any central dumpster collection point(s); and maintenance of facilities and services in connection therewith. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of these facilities or abandonment of his lot. Section 3. In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Open Spaces, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. I r 0 O O CT� v Section 4. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be One Hundred dollars ($100.00) per lot. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The board of directors may fix the annual assessment at an amount not in excess of the maximum. Section 5. In addition to the annual assessments authorized above, the association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3, 4, or 5 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the 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 60 days following the preceding meeting. Section 7. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 8. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified lot have been paid. An executed certificate of the association as to the status of assessments on a lot is binding upon the association as of the date of its issuance. E 0 X Section 9. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent per annum. The association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 10. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Open Spaces; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 12. The Common Area cannot be mortgaged or conveyed without the consent of at least two thirds (2/3) of the owners (excluding the Declarant). Section 13. In the event that the association, or its successors, shall fail to maintain the Open Spaces in reasonable order and condition Frederick County may take such action as authorized by the city's zoning ordinance or other regulations. The Frederick County zoning ordinance and regulations are by this reference made a part hereof as if set out in full. Section 14. Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Lexington Court. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE V GENERAL COVENANTS All lots shall be subject to the following restrictive covenants, which shall be covenants real running with the land: 1. All lots shall be used for single family residential purposes only. No detached garage nor carport shall be permitted on any lot. 2. No profession or home occupation shall be conducted in or on any part of a lot; provided, however, that Declarant reserves the right to use one or more of said lots for business purposes in connection with the development, sales and operation of the subdivision. N 3. No signs or advertising of any nature shall be erected or maintained on any lot except for sale or rental signs for said lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup truck, and 3/4 ton (or less) vans) shall be permitted on any lot except during the course of construction. No motor vehicle which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. No vehicles shall be parked in an area other than the parking areas designated on the attached plats. 5. No animals of any kind shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred, or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no household pets shall be permitted to run at large in said subdivision. 6. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 8. Each owner shall keep all lots owned by him and all improvements thereon in good order and repair and free of debris, including, but not limited to the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. 9. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the other under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any owner to contribution from any other owner under this Article shall be appurtenance to the land and shall pass to such owner's successor in title. 10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers and deposited in the 7 provided dumpsters. No refuse or any container for same shall be placed or stored in front of any townhouse. 11. No fences shall be erected on any lot except as approved by Declarant, who shall provide examples of acceptable fencing. No other building, structure, addition nor exterior alteration (including basketball backboards, rims and nets) or improvement of any character shall be constructed, erected or maintained upon any lot or dwelling located thereon, nor shall any exterior addition, change or alteration thereto be made until the plans and specifications of construction, including quality of workmanship, design, colors and materials, showing the nature, kind, shape, height, materials, and location of the same shall, have been submitted to and approved in writing by the board of directors of the association as being in harmony with the whole subdivision, or by an architectural committee composed of three (3) or more representatives appointed by the board. In the event said board, or its designated committee, fails to approve or disapprove such design and/or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. 13. The Declarant herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Declarant further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition, and such imposition shall not affect the binding effect of these provisions upon any other lots. 14. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the lot owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE VI EASEMENTS Section 1. The property described herein is subject to those certain easements or rights of way designated on the aforesaid attached plats as (or similar language): Bicycle Path Easement Waterline Easement Sanitary Sewer Easement Active Landscape Easement Inactive Landscape Easement 8 O O J Inactive Buffer Active Buffer The Declarant does hereby grant and convey unto Frederick County a perpetual right of way or easement over the aforesaid rights of way for buffers, landscape, and for the installation and maintenance of water and sewer lines and any related facility designated on the said plats. Section 2. The property described herein is further subject to those certain easements or rights of way for the purpose of water drainage, which are designated on the aforesaid attached plats as "drainage easement", and to those certain pre-existing easements or rights of way designated on the aforesaid attached plats as "access easement". No structures of any kind may be placed within said easements designated on the aforesaid attached plats. Said easements may not be altered or modified without the prior consent of Frederick County, and the Declarant does hereby grant and convey unto Frederick County a perpetual right of way or easement over the aforesaid designated drainage easements for the purpose of so providing drainage. Declarant does further agree that Frederick County shall be under no obligation to maintain said drainage easements, provided, however, that in the event the association fails to maintain said surface drainage easements, then, and in that event, Frederick County shall have the right to maintain the same and charge the association pursuant to the provisions of Article IV, Section 12 above. Section 3. Each lot shown on the aforesaid attached plats is further subject to an easement for the benefit of all other lots for the installation, maintenance and replacing of pipes and lateral lines necessary for water and sanitary sewer services serving those other lots. No structures of any kind may be placed over said easements. Section 4. The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along a strip 10 ft. along the front and rear of each lot and along those areas intended for public access on the attached plats and over the Open Spaces as needed, provided that such easement shall not interfere with the use and enjoyment of the Open Spaces. ARTICLE VII DEDICATION OF COMMON AREAS Declarant, in recording these plats of LEXINGTON COURT, has designated certain areas of land on the aforesaid attached plats as "open space", and "parking area", which spaces are intended for use by the homeowners in Lexington Court for parking, recreation, and other related activities. The designated areas are not dedicated hereby for use by the general public (except for the bicycle path, which is hereby dedicated to public use), but are dedicated to the common use, convenience, and enjoyment of the 9 O O v N homeowners in Lexington Court as more fully provided in this instrument. ARTICLE VIII GENERAL PROVISIONS Section 1. The association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of fifteen (15) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first fifteen (15) year period by an instrument signed by not less than ninety percent (90%) of the lot owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the lot owners. Any amendment must be recorded among the land records in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Section 4. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members. Section 5. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, MICHAEL G. PRELIP, INC., being the Declarant herein, has caused this instrument to be executed by its President this i 3Tµ day of November, 2000. — hAan (SEAL) is ae G. Pre , resident STATE OF VIRGINIA 1..oi f l 0� Eitp-of i��, to -wit: I 1 � e rl Acknowledged before me this 3 _ day of November, 2000, by Michael G. Prelip, who is President of Michael G. Prelip, Inc., a Virginia Corporation, on behalf of the corporation. My commission expires: �(-QCILU "-)e, d w-- ol ..., OFVC - NOTARY PUBLIC 10 q<V � V/ IRF �LCgGE" q J T SHERA�DO IRF OPEN SPACE "A" �pT -5 ` 1 / <O �T '' P��P 'eOT p '.S O V pT 49 8 QP� `OT �.Off.? p / SOT CpT 8 S 1p C C pl S T 6 40". FENCE 40T 4 40T 10T 1S .0 POST o AXLE O.S. "A" <p / FOUN `- 40T- ?� / 4oT / SHEET 5 ?9 i LOT 3 o.s. c�, V IRF ��� IPF LEGEND LOT 2 / IRF -IRON ROD FOUND SHEET 4 �} / IPF - IRON PIPE FOUND / 0. S - OPEN SPACE / LOT 1 / D.E. - DRAINAGE EASEMENT RES. - RESIDENTIAL �Q AXLE OUND Vq. FgLR ,U* KEY MAP P, -27 KF FINAL PLAT OF SUBDIVISION TH OF LEXINGTON COURT° OPEQUON MAGISTERIAL DISTRICT 0. 00119 FREDERICK COUNTY, �/RGIAM L9A'.0 suftls`��4 DATE- 22 MARCH 2O00 NOT TO SCALE 7 SHEET 2 OF 9 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL mUsOshentel.net DWG NAME: ID 1245 C C G S PIN 86-5-A o ��, ZONED. Rq 90 P019 HERBAUGH N RES. ZONED: RP USE: REST DEN TI AL o 0 L N22043'25"E N 381.80' AXLE 100.20 108.21 27.09 FOUND va OPEN SPACE "A" I I I LOT 3 lm 1.0975 ACRES LOT 2 1 Z 047 SQ. FT / LOT 4 W Ico / N I W IEXI NGTON C2 COURT E24 ►� --�e� N2955'41 "E --tr :EC7 gs4 6 -": :2. 20' WATERLINE EASEMENT C3 S29 55 41 "W 300.00' N26 44'17"E N PIN 86-5-C AXLINE ZONED: RP 4 USE: RESIDENTIAL ::F-1 001 O PIN 86-5-D SNYDER ZONED: RP USE. RESIDENTIAL MINIMUM SETBACK (SINGLE FAMILY - URBAN): FRONT = 35' REAR = 25' - 10' OPEN SPACE "C" 9,202 SQ. FT. 75-- �VZ BUFFER E36 o, 0 o� W LOT 29 W x ' ACTIVE BUFFS (SEE NOTE ON SHEET 3) 10' ACCESS EASEMENT S29'46'39"w 579-25 .(� I PIN 86-5-E SHIFLETT GRAPHIC SCALE ZONED: RP D 20 40 80 USE: RES. ' I--- SIDE - SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. FINAL PLAT OF SUBDIVISION LEXINGTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 22 MARCH 2O00 1 SCALE.' 1 "=40' SHEET 5 OF 9 Marsh & Legge Land Surveyors, P.L.0 660 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 — EMAIL mlls®shentel.ne 1 INCH = 40 FEET �tII.ND SURV& DRAWN BY: HH DWG NAME: 101245 I SEE SHEET 3 OF 9 LOT 3 S70'51'59"E 129.81' Wig N :�•:•'I '� wl�C I C2 k, Nf �' I to : :�ul b LOT 2 9 12,189 SO. FT. tQ r o I I • R I .••• Q ^cdco ��^ Q 61 to S7051'59"E 11Z59' U ; :: W ::: 2 PIN 86-5-C � Z W .� :: z::: AXLINE z _ CL W --7 E34 �O ZONED: RP _ r USE.- RES. N LOT 1 13,349 SQ. FT.pit W N Nd- Z� /� �a ;: Ln �, ;i I EXISTING o`` I N :::. 0) DWELLING v CAPE 5' AC EAC8 EASEMENT (SEE NOTE ON SHEET 3) C1 LANDSCAPE 25' INACTIVE EASEMENT 1. _ :::�. DRAINAGE EASEMENT N7217'57"W _ 92.70' E42 IRF C9 25.00' : 31.70 ._--_ 1 (31.63') 150.00 — N72'18'00"W ^' (6. 6') AXLE FOUND 0.0256 ACRES- VA. ROUTE 277 N VARIABLE WIDTH R/W HEREBY DEDICATED TO FAIRFAX PIKE COMONWEALIH OF WRGINIA FOR ROAD WIDENING MINIMUM SETBACK REQUIREMENTS. (SINGLE FAMILY - URBAN) GRAPHIC SCALE FRONT = 35' 0 20 40 80 REAR = 25' SIDE = i D' SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. 1 INCH = 40 FEET FINAL PLAT OF SUBDIVISION ,c.�►Z,,TH OF y LEXINGTON COURT OREQUON MAGISTERIAL DISTRICT 0. 00119 FREDERICK COUNTY, V/IRGINIA t9ND DAM`22 MARCH 2O00 SCALE. 1---40'-7 SHEET 4 OF 9 SUrgW"' Marsh & Legge Land Surveyors, P.L.C. %7560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentelme DWG NAME: ID 1245 O CD J P SCHEDULE A All that certain tract of land in Opequon District, Frederick County, Virginia, east of Stephens City on the north side of Virginia Route 277 (Fairfax Pike), more particularly described as PARCEL ONE: Five acres, more or less, on said road; and PARCEL TWO: Two tracts, one containing 0.21 acre, and the other, containing 0.99 acre, adjacent to Parcel One, and identified as Parcels A and B on the plat by Walker McC. Bond, of record with the deed dated February 13, 1946, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 195 at page 142. This is the same property conveyed to Michael G. Prelip Enterprises, Inc., now Michael G. Prelip, Inc., by deed dated November 20, 1998 from Sanford Blaine Payton, of record in said clerk's office in Deed Book 921 at page 1636. O C 1p MICHAEL G. PREUP ENTERPRISES, INC. BY 3 -3u- 2,00, DATE NOTARY PUBLIC STATE OF Vifqioics. Cl TY/VAb1Al�i' OF W . /ir-ke— 54c f 'v THE FOREGOING INSTRUMENT WAS ACKNOKEDED BEFORE ME ON 3 30 00 EASEMENT LINE TABLE LINE DIRECTION DISTANCE El N75'49'54 E 22.24' E2 S3711 13 W 29.96' E3 N33'1215 E 79.97 E4 N30'46'27 E 120.82 E5 S59'13 33 E 23.23' E6 S30'46'27"W 186.11' E7 S6510'34 E 54.05' E8 5919 56"E 79.46' E9 S71*11'20"E 119.99' E10 N71'11'20"W 99.60' Ell N49'19 56 W 80.54' E12 N65'1O'34 W 53.81' E13 S33'1215 W 70.76' E14 S371113"W 41.52' E15 S7549'54"W 68.71' E16 S49'28'49 W 97.56' E17 N13'29 34"E 76.83' E18 S35'59'34"W 47.94' E19 S22'43 25 W 163.35' E20 S29'55'41 W 104.75 E21 $39'53'50"W 37.62' E22 N39'53 50 E 44.03 E23 N29'55'41 E 103.01' E24 N22'43 25"E 163.35' E25 N60'09'40"W 2.60 E26 N29'50 20"E 20.00' E27 S60'09'40"E 2.60' E28 N35'59'34"E 43.96' E29 N13'29 34 E 45.31 E30 S49'28'49 W 7.12' E31 S35'59'34"W 205.37' E32 S19'31 00 W 195.95 E33 S29'12'30 W 219.02' E34 N60'47'30"W 20.00' E35 N2912 30 E 217.33 E36 N19'3100"E 197.15' E37 N3559'34"E 210.63' E38 N49'28 49 E 37.02' E39 N13'29 34"E 4.45' E40 N35'59'34"E 74.78' E41 S82'07 27 E 42.33' E42 S72'04'39 E 78.16' E43 S59'48'07"E 82.77' E44 S79'0515 E 84.34 E45 N29'46'39"E 138.02' E46 N79'05'15 W 102.04 E47 N59'48'07 W 86.17' E48 N3011'53 E 20.00' EASEMENT CURVE TABLE CURVE I RADIUS I LENGTH I CHORD I BEARING EC1 990.00 229.27' 228.76 S29'21 30 W EC2 1010.00 127.00' 126.91 S2619 33 W EC3 990.00' 124.48' 124.40' N26'19'33"E EC4 1010.00' 115.43 115.36 N25'59 51 E EC5 1010.00 98.48' 98.44' N331158'E CURVE TABLE CURVE I RADIUS I LENGTH I CHORD BEARING Cl 200.00 53.07 52.92 N25-5103 E C2 225.00 13.84 13.84 N31'4126 E C3 505.00 39.59 39.58 N27 40 55 E C4 55 00' 177.05 109.92' N6579 00 W C5 55.00 76.91 70.80 S17'46 00 E C6 10.00 15.32 13.86' S13-5Ol E C7 200.00' 12.30' 12.30' S31'41'26 W C8 230.00' 48.61 48.52 S2M 55 W C9 230.00' 12.01 12.01 S19K0 54 W AREA SUMMARY AREA IN SINGLE FAMILY LOTS 0.8628 ACRES AREA 1N TOWNHOUSE LOTS 1.5573 ACRES AREA IN R/W DEDICA71ON 0.0256 ACRES AREA IN RIGHT-OF-WAY 0.6013 ACRES AREA IN PARKING 0.4634 ACRES AREA IN OPEN SPACE 1.3531 ACRES TOTAL AREA SUBDIVIDED 4.8635 ACRES MINIMUM SETBACK REQUIREMENTS (TOWNHOUSE): MINIMUM FRONT SETBACK = 20' FROM PARKING AREA MINIMUM BLDG. SEPARATION = 30' SIDE = 50' FRONT & REAR PERIMETER BOUNDARY SETBACK = 30' SIDE = 50' REAR MINIMUM SETBACK REQUIREMENTS (SINGLE FAMILY - URBAN): FRONT = 35' REAR = 25' SIDE = 10' NOTE NO ACCESSORY STRUCTURES OR FENCES SHALL BE LOCATED WITHIN THE ACTIVE BUFFER AREA OR WITHIN THE AC77VE LANDSCAPE EASEMENT. ALL PROPERTY OWNERS IN LEXINGTON COURT ARE REQUIRED TO BELONG TO THE LEXINGTON COURT HOWE OWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PARKING AREAS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR 7711S MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS ATTACHED HERETO. FINAL PLAT OF SUBDIVISION LEXINGTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 22 MARCH 2O00 1 1 SHEET 3 OF 9 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 N EMAIL mlls0shentel.ne titiTH OF Nt-46 e o. 001197 00 ND SUItlS o DRAWN BY: HH DWG NAME: ID 1245 O O J c" 1 POST SEE SHEET 7 OF 9 :59'1 LOT 9 - 3,838 SQ. FT. ; I S67'16 5"E 1150' 0 LOT 8 - Z200 SO. FTCS 7S67'16'35"E 110.00' $ /,-LOT 7 - 2,200 SQ. FT. N S6716'35*E 110.00' g u/ LOT 6 - Z200 SO. FT. N S6716'351E 110.00' O LOT 5 - 2,200 SQ. FT. �41 f� S6776'35 E M 110.00' o Q LOT 4- 3,850 SQ. FT. Q j W N �- N6776'35"W 110.00' OPEN SPACE "A" AXLE 1.0975 ACRES 41.70' OUND 70*2015"W w N S70'01'59"E 80.54' Q 4-- LOT 3 hJJ N N Z SEE SHEET 5 OF 9 �a ti SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES FINAL PLAT OF SUBDIVISION LEXINGTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA �17 W .'.'..... E27....... / / U 2Q LOT 24 rr W LOT 25 V.. W..► Q LOT 26 s zo 3; LOT 27 (�' f • N N Z ? LOT 28 x SLOT 29 IL44 GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET DATE- 22 MARCH 2O00 I SCALE.- 1 "-40' I SHEET 6 OF 9 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 N FAX (540) 667-0469 - EMAIL mlls0shentel.ne ,TH OF� G'r 0 �i/.ND SUitVE.� DRAWN BY: HH DWG NAME: ID 1245 0) 0 rn W W SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. SEC 2 P MRR ri N pV i GRAPHIC SCALE ERPNpp ES p0 C 0 20 40 80 SSE' G ZpN �•�� 1 INCH = 40 FEET OPEN SPACE A W c IRF o 1.0975 ACRES .:.:.:;� P o I.'.' I =60.00' "' S54'00'26"E 55.00' S45 29'23"E ' ,�'` L-60. o = = _7 - - _ 65.00 E1 3) ♦ ♦ v r Tom.. ` � o 20' 81CYCLE PA7H ESM'T Oly S fFcli ER �. N54'00'26"W • 53.50.= -`N4 , •55.86' 5 2g'23 5 ' BUFFEj R 25.00' "':' ':=; OPEN SPACE "A co L=38.77' 15, INpj �' 1.0975 ACRES —/ S54b0'26"E 110,00' 06 00 2 w ;n M z LOT 17 �50 SQ. FT 154 00'26"E 10_00_ — LOT 16 - 2,200 SQ. FT. S54'00'26"E 110.00' LOT 15 - Z200 SQ. FT. S54 00'26"E 110.00' /ZLO*00'26"E T 14 Z200 SO. FT, 110.00' 0 0 I, n , LOT 13 - Z200 SQ. FT. S5400'26"E 110.00' N OT 12-2,200SQ. FT.g I S5400'26"E 110.00' N J .._ 11- 2,200 SO. FT.4 00'26"E 110.00' N , T 10 - 3,850 SQ. FT. $ OPEN SPACE "A" / 1.0975 AC.�.Fi2 1 r, LOT 9 SEE SHEET 6 OF 9 FINAL PLAT OF SUBDIVISION LEXINGTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 22 MARCH 2O00 1 SCALE- 1 "=40' SHEET 7 OF 9 LOT 18 Q 00.' Fes. W cx w ca N LOT 19 ch co LOT 20 W 3..' W LOT 21 W ck: / ..:..� LOT 22 �'Uwj z wl.:.'.:.:.:w' LOT 23 N/i Ell '...... . E8 �.... S. "C" 20' D. E E25.'.'.:.' 24 ,El I .'• • LOT d, - Marsh & Legge Land Surveyors, P.L.0 660 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA .22601 %L)PHONE (540) 667-0468 - FAX (540) 667-0469 N EMAIL mllsOshentel.ne SEE SHEET 9 OF 9 ,'THOFy 71. o N 0011 ;;! 'D suRvS�. DRAWN BY: HH DWG NAME: ID 1245 SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES RPN°o EX ER P� N 2 RES N (;0 ���LPGSERp SSE 573„L�"� 31 TO OPEN SPACE "A" 1.0975 ACRES LOT 17 rn LOT 16 0 LOT 15 Lu LOT 14 LOT 13 LOT 12 LOT 11 . LOT 10 II LOT ri ....... , 1NAC�/13 0 FF ONBjR/ :':: / OPEN SPACE "A" 1.0975 ACRES LLJ......... ... S54VO'26"E 98_' GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET / N O NI / PIN 86-5-E SHIFLETT ZONED: RP USE: RESIDENTIAL I I ..... S35"5934"W 6 � / �/ O o 20.00'Lfi / W /1 0I � LOT 18 - 3,488 SQ. FT' W O W . • . .. °D S54100 26 E 100. 00 oo-� cF-a W.... b 55410026-'°E102.00 o w z �.. • o o LOT 19 - 2�040 SQ. FT. o "n/ >c N.'.'.' o N S54170 Q '26 E 102.00' N LOT 20 - 2,040 SO. FT. SI N—S54100'26"E 102.00' LOT 21 - 2,040 SO. FT. U' �" Q N :•:• N—S54b0'26_E 102.00' N LOT 22 - 2, 040 SQ. FT. o Z ;1 I' �, �, NNBt —S54100'26"E 102.00' cS /W 4 W'•'•W� LOT 23 - 3,570 SQ. FT. o • / ......... _ .� N54V0'26"W 102.00'/ E8 w ....'0: S . " " j 72. 71 ' �24. 74 .55' 20' D AINAGf ,. ... // 77.9r 10 n ESM' - g 35 E` w Ei 1/ S� LOT 24 1 SEE SHEET 9 OF 9 FINAL PLAT OF SUBDIV15'1ON LEXINGTON COURT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 22 MARCH 2O00 1 SCALE- 1 "=40' 1 SHEET 8 OF 9 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-046.9 - EMAIL mlls®shentel.ne 'EN SPACE I 1, 934 SQ. FT. ,TH OF D /I i Y 14J V• O. 0011 ' .ND sulvq�� DRAWN BY: HH DWG NAME: ID 1245 %.—I co N r.,•J SEE SHEET 7 OF 9 L07-10 E7 0.S "A"r \E12 \ LOT 9 it LOT 8 LOT 7 ti LOT 6 LOT 5 LOT 4 OPEN SPACE "A" 1.0975 AC iz�;< w�\ C5 LOT 3 M' ,4,, W SEE SHEET 8 OF 9 407- 23 f8 N ........ N5¢Vol E9 " �- E E25 , ;S: C .7- 1 3 00 20' DR. ESM\ S67 16�35_"E�77 E10 ;•; 'R LOT 24 - 3,502 SQ. FT. N S67'16'35_ 0E 102.00 _ LOT 25 Z040 SQ. FT. o(' CN S6716'35_E 102.00_� LOT 26 - 2, 040 SQ. FT. W go >-� I-- S6 N 7'16'35"E 102.00' ' tW z x K . ;c g LOT 27 - 2, 040 SQ. FT. o N N—S6716'35—E 102.00'— Y N o LOT 28 - 2,040 SQ. FT \�r N _ S677 '3 " 1 2.00'— W W LOT 29 - 3,569 SQ. FT C4 k... .• g (SEE NOTE ON SHEET-3) ..:.:..: L—N6716'35"W 25 AC` B`43 : N 101.42' cs, -� ......� C\7�i' , SEE SHEET 5 OF 9 c4 1� z c ,LU OPEN SPACE "C" 0 9,202 SQ. FT. co 14. z OPEN SPACE "B" 42 1, 934 SQ. FT I. PIN 86-5-E C6 SHIFLETT I\ ZONED: RP LO USE. RESIDENTIAL 10' ACCESS EASEMENT N72.� 39»WN80.00 '"' PIN 86-5-D SN YDER PIN 86-5-C AXLINE ZONED: RP USE. RES. SEE SHEET 3 OF 9 FOR LINE AND CURVE TABLES. FINAL PL4 T OF SUSD/�/SION LEXINGTON COURT OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 22 MARCH 2O00 1 SCALE- 1 "=40' 1 SHEET 9 OF 9 ZONED: RP USE. RES. 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