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HomeMy WebLinkAbout06-05 Lynnehaven Section 3 Phase 1 and 2 74 Lots 30.73 Acres Red Bud - BackfileSubdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester ''GIS (Road Name Review) `-� Sanitation Authority Health Department .—' Inspections Department Fire Marshal ----Parks & Recreation / County Engineer 2. --- One copy of the subdivision application Application received. 00 Fee paid (amount: $ O © l Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator)-49AVftJ T-s Qff• J - !L-"TS' 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 given to Renee' -to update Application Action Summary Final plat(s) submitted with review agency signatures along with: Recorded deed of dedication Bond estimate (if required) $ O'\Opemions Manu Asubdivision.vk Revisedo11-4/02 v It A CASH ACCOUNT CO AMT. PAID _- CHECK BALANCE MONEY DUE ORDER BY e a CASH 7DUE CHECK DRDER BY CO Wv�2. 0 maQ zQ i W0 WWCA s ti x a, w� 3 .� -� -� THIS DEED OF DEDICATION, made and dated this ay of , 2003, by and between LYNNEHAVEN L.C., a Virginia Limited Liability Company, party of the first part, hereinafter called the GRANTOR (for indexing purposes), QR DEVELOPMENT, L.L.C., a Virginia Limited Liability Company, party of the second part, hereinafter called the DECLARANT, even though more than one (Grantor for indexing purposes) and MANNING & ROSS DEVELOPERS, LLC, party of third part, hereinafter called "Additional GRANTOR", and FREDERICK COUNTY, VIRGINIA, party of the fourth part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the fifth part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Mark D. Smith, P.E., dated November 26, 2002, known as Lynnehaven, Section One, which property is further described on the Final Master Development Plan of Lynnehaven as filed in the Office of the County of Frederick Department of Planning and Development. This is a portion of the same real estate conveyed to the LYNNEHAVEN, L.C. by Deed dated June 23, 1995, and all of the land conveyed to Lynnehaven, L.C. by Deeds dated June 23, 1995 and June 23, 1995, recorded in the Office of the Clerk of the Circuit Court in Frederick County, Virginia in Deed Book 843 at Page 415, Deed Book 843 at Page 418 and Deed Book 843 at Page 424 respectively; AND a portion of the land conveyed to Manning & Ross Developers; LLC (formerly Manning & Ross, LLC) by Deeds dated October 1, 1999 and November 28, 2001 and recorded in the aforesaid Clerk's Office in Deed Book 948 at Page 1760 and as Instrument No. 010016381; AND all of the land conveyed to QR Development, LLC by Deed dated October 1, 2002 and recorded in said Clerk's Office as Instrument No. 020016803. WHEREAS, Manning & Ross Developers, LLC is the owner of a small strip of land along the southeastern boundary of the land hereby subdivided and which land lies within the southern boundary of Channing Drive as shown on the attached Plat of Subdivision drawn by Mark D. Smith dated November 26, 2002 and join in this Deed of Dedication for the express and sole purpose of dedicating this strip of land to the County of Frederick as a public use for Channing Drive and the further dedication of a five foot wide waterline easement to the Frederick County Sanitation Authority located along the south side of Channing Drive, all of ,d co which is shown on the aforesaid attached plat drawn by Mark D. Smith, P.E., dated November 26, 2002, and by this reference made a part hereof as if set out in full; WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of single family homes thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, all of which shall constitute a portion of that development known as Lynnehaven, and which common open space/driveway/ and access easement areas shall be owned and maintained by the Lynnehaven Homeowners Association, Inc. upon the terms and conditions set forth hereinafter: and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Lynnehaven, Section One. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Lynnehaven, Section One, Lots 1 through 24 inclusive and Outlots "A" and `B" lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Mark D. Smith, P.E., dated November 26, 2002 attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Lynnehaven, Section One, on file in the Office of the Frederick County Department of Planning and Development. The derivation of title for the aforesaid land is as stated herein before in the recitals. 2 d -P" --_4 For and in consideration as aforesaid, the GRANTOR, Additional GRANTOR and DECLARANT do further dedicate all of the streets in Lynnehaven, Section One, to Frederick County, Virginia (hereinafter sometimes referred to as "the County") for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced final subdivision plat of Lynnehaven, Section One. All of the lots shown on the plat attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions to be recorded contemporaneously with this Deed of Dedication. ARTICLE I GENERAL PROVISIONS Section 1. Dedication of Street: The GRANTOR, Additional GRANTOR and DECLARANT do hereby dedicate unto the County of Frederick, Virginia as public streets those certain roadways designated as Channing Drive, Farmington Boulevard and Sesar Court on the attached plat of Lynnehaven, Section One. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, Virginia and the Frederick County Sanitation Authority, by the signature of its agents on the attached plat, do accept the dedications to public domain of the land and easements, respectively, herein described as such. The designated "Common Area" is "Outlot A" and such Common Area is not dedicated hereby for use by the general public but is dedicated to the common use and enjoyment of the homeowners in Lynnehaven Subdivision as provided hereinabove. 3 CD ARTICLE II co CD ADDITIONAL SECTIONS Section 1. Additional sections ("Phases") of Lynnehaven, Section One will be added in the future and those sections, as they are added, will become part of Lynnehaven, Subdivision, subject to the same provisions as set forth herein and governed by the same a property owners association, provided, however, that DECLARANT may amend the land use restrictions, setback requirements, building sizes and any other provisions so long as the same scheme established in Lynnehaven, that being a single family residential lot is maintained. Section 2. The additions authorized under this Article shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and the restrictions of the Declaration (amended as herein permitted) to such property. Section 3. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any of the added properties, and as are not inconsistent with the scheme of this Declaration. Except as hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add, to the covenants established by this Declaration within the existing property. Section 4. The DECLARANT shall not be and is not bound to make or proceed with the addition of any of the proposed additional sections of Lynnehaven Subdivision. WITNESS the following signatures and seals: GRANTOR: L Im Jafm 9. Scully, Iv Member/Manager 4 AGRk CD co f: , Denver E. Quinn Member/Manager Additional GRANTOR: MANNING & ROSS DEVELOPERS, LLC BY: xv'��Agv Davi . Madison, Manager STATE OF VIRGINIA CITY OF WINCHESTER TO WIT: I, a notary Public in and for the State and jurisdiction aforesaid do hereby certify that John S. Scully, IV, Member/Manager of LYNNEHAVEN L.C., whose name is signed to the foregoing Deed of Dedication dated the "day of 2003, have personally appeared before me and acknowledged the .sa= n my State and jurisdiction aforesaid. ,F 7 r. tr even under my hand this day of �Q�G�� 2003. 4 commission expires: r'" Notary Public STATE OF VIRGINIA CITY OF WINCHESTER TO WIT: Q v a notary Public in and for the State and jurisdiction aforesaid do her y c ify t at Denver E. Quinnelly, Member/Manager of QR DEVELOPMENT, L.L.C., whose name is signed to the foregoing Deed of Dedication dated the-4574"day of 2)24 EG , 2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 2003. My commission expires: S No Publ' r: 5 CD 1� STATE OF VIRGINIA co CITY OF WINCHESTER TO WIT: t I, a notary Public in and for the State and jurisdiction aforesaid do hereby certify that David R. Madison, Manager of Manning & Ross Developers' LLC, whose names are signed to the foregoing Deed of Dedication dated the o day of 2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 2003. My commission expires: 90, IPW \IIIIlI 111j s f .r Notary Public l6, A:\Deed.of DedkaWn 02 2003-1130") OR DEV-mH.wpd 0 C) VICINITY MAP c=y 1- = 2000' 1•' � X��f� )� �t uf1 L, �� tF � �,� .r '"i .� � £�'�^'f ��„ ,.� .C'F p`- � . 'V` ' 7� r. ` �" � � � .'*4�.a .+ �w'.r±D.+l`� a� � •i.� �'r ' • r +� Cam. 1 .� .r : ' ' �� APPRaWS: _ 9" AREA TABULATION: 414 , NUMBER OF LOTS = 24 Frederick Co. Sanitation Authority Date AREA IN LOTS = Z8964 ACRES AREA /N R/W = 4.6431 ACRES Frederick Co. Subdivision Administrator Date AREA IN OPEN SPACE = 9.1963 ACRES Va. Dept. of Transportation Date TOTAL AREA = 21.7358 ACRES OWNER'S CERTIFICATE.• THE SUBDIVISION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. AAID /N ACCORDANCE WITH THE DESIRE ed before Acknowledged this � day of 20OZ 7 L My Commission Expires: �'a -�O - O 5 9 ADD 3 N INd1k0 S PERS, LLC //,�� ];�_ DATE BY. CX. Q DEVELOP T L C o tary SURVEYOR'S CERTIFICATE• I HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS SUBDIVISION IS: 1. A PORTION OF THE LAND CONVEYED TO LYNNEHAVEN, L.C. BY DEED DATED JUNE 23, 1995, AND ALL OF THE LAND CONVEYED TO LYNNEHAVEN, L.C. BY DEEDS DATED JUNE 23, 1995 AND JUNE 23, 1995, RECORDED IN THE OFFICE OF THE CLERK OF THE FREDERICK COUNTY CIRCUIT COURT IN DEED BOOK 843 AT PAGE 415, DEED BOOK 843 AT PAGE 418, AND DEED BOOK 843 AT PAGE 424 RESPECTIVELY; 2. A PORTION OF THE LAND CONVEYED TO MANNING & ROSS DEVELOPERS, LLC (FORMERLY MANNING & ROSS, LLC) BY DEEDS DATED OCTOBER 1, 1999 AND NOVEMBER 28, 2001 AND RECORDED /N SAID CLERK'S OFFICE /N DEED BOOK 948 AT PAGE 1760 AND AS INSTRUMENT #010016381. J. ALL OF THE LAND CONVEYED TO DEVELOPMENT LLC BY DEED DATED OCTOBER 1, 2002 AND RECORDED IN SA LERK' OFFICE AS INSTRUMENT #020016803. MARK D. SMITH, L.S.---- PARENT TAX PARCEL IDENTIFICATION SEE SHEET 2 FOR PARENT TAX PARCEL IDENTIFICATION DATA FINAL SUBDIVISION PLAT L YNNEHA VEN °-p SECTION ONE RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA MARK D. SMITH No.022837 0� SCALE: N/A DATE: NOVEMBER 26, 2002 GREENWAYYENGINEERING HILL LANE Engineers WINCHESTER, VA. 22602 S'j0� NAL Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 2035 SHEET 1 OF 13 ! Founded in. 1971 www.greenwayeng.com I I i 1 I I I I TM: 55-((A))-206 L YNNEHAVEN, L. C. RESIDUE LOT REMAINING ACREAGE. • 70.70 AC. ZONE.- RP USE: VACANT O JQ , Q Z �r � l SHEET 13 FARMINGTON BOULEVARD I I I I I 1 I I I ENY A 661 .� OUTLOT "B" S FIOL - SHEET 12 oil -�'- FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com OF MARK D. SMITH No.022837 ssIONALCs 2185R SHEET 2 OF 13 -41 - PARENT TAX PARCEL IDENTIFICATION c ,:-- PARCEL ZONE/USE ORIGINAL AREA ADJUSTED AREA 0 ACRES TM: 65-((A))-30 RA / VAC 0.90 ACRES TM: 65-((A))-31 RA / VAC 0.28 ACRES 0 ACRES TM: 65—((A))-32 AA / RES 0.57 ACRES 0 ACRES TM: 65—((A))-33 RA / RES 0.39 ACRES 0 ACRES TM: 55—((A))-39 RP / VAC 101.22 ACRES 10 1. 05 ACRES TM: 55—((A))-39A RP / VAC 16.59 ACRES 16.13 ACRES TM: 55—((A))-206 RP / VAC 90.21 ACRES 70.70 ACRES 1. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASMENT ALONG ALL RIGHT OF WAY LINES, AND A 10' DRAINAGE AND UTILITY EASEMENT ALONG ALL PROPERTY LINES 2. SETBACKS UNLESS OTHERWISE NOTED ARE. FRONT = 35' SIDE = 10' REAR = 25' J. ALL LOTS ARE SINGLE FAMILY DETATCHED-URBAN MIN. LOT WIDTH AT SETBACK = 70' MIN. LOT WIDTH AT R/W = 40' MIN. LOT SIZE 12, 000 SO. FT. LEGEND: BRL = BUILDING RESTRICTION LINE 0 = IRON RESAR SET 0 = POINT 1. A MONETARY CONTRIBUTION OF $'3,278.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. FINAL SUBDIVISION PLAT. L YNNEHA VEN SECTION ONE RED BUD DISTRICT -- FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: N/A 7 DATE: NOVEMBER 26, 2002 � No.022837 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESPER, VA. 22602 �SIONAL � Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeag.com 2185R SHEET 2A OF 13 CURVE RAOIUZ; ' ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C12 43.00' 60.05' 55.29 S 88'43 32" E 80'O1'10" C13 43 000 75.03' 65.87' S 01'1628 W 99'58 50" C14 ;J- 00 6O.05 55.29 S 88'43'32 E 80'01 f0 C 18 150.00 185.38 173.8 V S 86'40 13 W 70'48 40 C23 175.00 42.19 i 42.09 N 58' 10 17 E 13'48 49 i N 51'15'53" E 23.93' I I I -S 38'4, TM: 55—((A))-206 LYNNEHAVEN, L.C. D8: 843, PG: 415 FUTURE ZONE. RP �0 LYNNEHAVEN DR. USE. VACANTSEWER SA MARY /SEWER EASEMENT 24. 3 EASEMENTS SHEET 1 DRA/NAGS 187.1 %9' EASEMENT �� \ \�� Q95.02 • a� RM�N • f� 7.5' 31 N t `O I Wto Imo` LLi ^ w I •. N 15.0' I \� I' cl: • a lo•�� I � N� ly N� /20.7' i 17 0' N 48'42'577 EASEMENT 0 35r . WI I ml = O O LOT 2 i -^ N Im LOT 1 of 13982 SO. FT I �a 12551 SQ. fT. Im m� tnr i yl L 25' BRL _ _ J I L _ 25_BRL _ J 110.82' 86.0_7' N 38'44 07 _W 196.89' F. — — — 10' 8RL --7 J j ° LOT 3 , 13857 SO. Fr tih� �N z,:v 1/AA/A. N 38'44'07" W _ 149.55 1 10' BRC m LOT 4 cd N 1 13062 SQ. FT, - - �co I L N 2��o�aR� co OUTLOT "A" SEE SHEET 11 WATER SOo33y'��.� 50 0 50 lycgsg LOT 5 GRAPHIC SCALE SEE SHEET 4 FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded to 1971 www.greenwayeng.com (IN FEET) MARK D. SMITH Nj o. 022837 O�SIIj_ �1 SHEET 3 OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 18 150.00 185.38, 173.81 S 86'40 13 W 70'48'40 C24 175.00 66.02 65.63 N 75'53'11 " E 21'36 58" C25 175.00 65.97 65.58 r, S 82'30 25 E 21'35 52 C26 175.00 42.10 42.00 S 64'48 58 E 13'47 02 O Z-- co --I 4,s� 4/ SEE SHEET 7 0� • 8x • C 18 COL)T 25, u) / 20.7' 50' R/W W .0�y SANITARY SEWER �. W 0' 0 ^ EASEMENT O Z f LOT 7 W 13111 SO. FT. 20 DRAINAGE EASEMENT LOT 6 LOT 5 0\ ?s\•e ,2 �� 13639 SO. FT. ml Im 13629 SQ. Fr N k I I ;> J V a Al82�39'02 S 75,�6'��' W 121.64' "w 6 121 OUTLOT 'A" SEE SHEET 10 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA SCALE: 1" = 60' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22e02 Surveyors TELEPHONE: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeag.com MARK D. SMITH No.022837 k a ) 1-010 OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C32 25.00' 32.95' 30.62 N 84'18 53 E 7531'21 " C31 55.00' 75.96' 70.07 N 86'07'12" E 790T59 C30 55.00 46.63 45.25 S 30'0126 E 48'34 46 LOT 12 SEE SHEET 6 10' GAS PIPELINE EASEMENT A'LOT 11 12975 SQ. FT. �o / Ay) �0 / G L._.__I N 35'41'12" E S 3 140 Oar — — c l� LOT 10 1 1� 12952 SO. FT. 0 6 6 .v SANITARY SEWER "f0� EASEMENT •/ ' m I OUTLOT "A" rn I SEE SHEET 10 �N LOT 9 I 14576 SO. FT. AR N 320r E 165.68 LOT 8 % 1"= 12627 SO. FT. � 20' DRAINAGE 64SEMENT 104,33 50 0 50 �s 150.0 — GRAPHIC SCALE 12•9' (IN FEET) ; LOT 7 SEE SHEET 4 FINAL SUBDIVISION PLAT. L YNNEHAVEN SECTION ONE RED BUD DISTRICT �- FREDERICK COUNTY VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22802 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 i►ww.greenwayeng.com MARK D. SMITH No.022837 L'S"'r9XAL":O 2185R SHEET 5 - OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C29 55.00 46.63 45.25' S 18'33720" W 48'34 46 C28 55.00 46.63 45.25 S 67'08 06 W 48'3446 C27 55.00 29.42' 29.07 N 73' 14 59 W 30 39 05 TM: 55—((A))-201 ORRICK CEMETERY CO. INC. OB. 337, PG. 179 ZONE.• RP USE.- VACANT I I SEE SHEET 9 I DRAINAGE LOT 24 I EASEMENT �►4' S 57'S5 27 145'b� i '25 13RL C !31 \ LOT 14 mlM \ \ 19051 SO. FT. o� o N N 575527" W ,, LOT 13 �9 21 LOT 23 5' 7 15511 SO. FT. ` — �� N 1 .�/ \X ' 3 N 5155'270 W DO D RT • oU L._1Q'BRL�._J 10 ooSESAR' RVW •h _ S 47009' 17" E 131.02r 10 cn SR IO�BRL SANITARY 15' \10' GAS PIPELINE SEWER EASEMENT \ � EASEMENT LOT 12 17157 SO. FT. / W �-f 0" , 't���'�5 \ 50 0 50 1h �OUTLOT SEE SHEET 10 \ GRAPHIC SCALE \ (IN FEET) FINAL SUBDIVISION PLAT. ' L YNNEHA VEN T SECTION ONE RED BUD DISTRICT y FREDERICK COUNTY VIRGINIA MARK D. S No.002009 P ( �2 SCALE: 1" = 50' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 _ ►1� 5���.v '' Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 2185R SHEET 6' OF 13 Founded in 1971 www.greenwayeng.com CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 18 150.00 185.38 173.81 S 86.40 13 W 70'48 40 C 19 125.00' 154.49 144.84 S 86'40 13" W 70'4840 SEE SHEET 6 LOT 14 10' GAS PIPELINE / EASEMENT N 32'04'33" E • 10`-BRL •---� 15' I • — j LOT 15 mj $ I$ i 13624 SO. FT. L—. 10_BRL —.--.J S 32'04'32" W 170.31 -- — -- fOr-BRL — W • N h o LOT 16 m� o �m A13624 SO. FT. N. I 10_BRL 3 L— --• —.--.J -- S 32'04'33" W 17—r -- r.__ LOT 17 ml 13708 SO. FT. NI I 10BRL S J2.04'33" —W —1731r N16IL._— 17.5 c-_BL — _ � r` CD LOT 22 LOT 21 ao LOT 20 W LOT 18 m� 16987 SO. FT. ^ L__ C." 1 n v l LOT 19 LILJ S.i0, (� 50 0 50 \ s Sp S53, \ \ GRAPHIC SCALE (IN FEET) \ 6'�• �Y \ .,` FINAL SUBDIVISION PLAT L YNNEHA VEN T� °� SECTION ONE RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: 1" = 50' DATE: NOVEMBER 26, 2002 No.002009 GREENWAY ENGINEERING l % 151 WINDY HILL LANE �.Q Engineers WINCHESTER, VA. 22602 4b Surveyors TELEPHONE: (540) 662--4185 ' FAX: (540) 722-9528 Founded tin 1971 www.greenwayeng.com 2185R SHEET 7- OF 13 W CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 15 43.00' 75.03 65.87 S 01 ' 16 28 W 99'58'50" C16 43.0 660.05' 55.29 S 88'43'32" C 17 4Y0 775.03 65.8 SS 01' 16 28 C 12 43.00 60.05' 55.29 S 88'43 32 C 13 43 00 75.03 65.87 S 01' 16 28 15, 20.9 NIA cvi iuc �� oNi LOT 22 SEE SHEET 9 /N 25' DRAINAGE 10' EASEMENT--- EASEMENTS N41'1+7__E 167.12' LOT 21 �I 12851 SO, FT ;�I "'I m ' N �' -- 10_BRL _ in N 41'17'03" E 154.15' _ _ l e-BRL m LOT 20 12018 SO. FT. IN"i N 41'17'03" E 149.47' J Co.l �m N LOT 19 ►"i I 15245 SO. FT. 35' BRL T�r�109. n 'S6 15.2'�—''"6�/10 j SA oe CRT Z5'. �1 �'�W rC ��5 c S51'15'S�3" -W �248 67' 50 0 50 GRAPHIC SCALE SEE SHEET 1 \ (IN FEET) \ 1 E 80'01 10" W 99'58 50 E 80'01 10 W 99'5850 N 51'1553" E =1.15'S•T" [� E 81.01 S 38'44'07" E 50.00, m FUTURE `7 NESCLIFFE CT. � \ I _ 15' SANITARY \ ` SEWER EASEMENT N ON ,\ NI r 7M. 55-((A))-206 \ LYNNEHAVEN L.C. \ DB. 843; PG. 415 N \ ` ZONE: RP USE.- VACANT 25' FINAL SUBDIVISION PLAT. L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRG/N/A SCALE: 1" = 50' DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 1' I Q+I 45.8' N 51'1553" E 23.93' �o r� h C, UTURE LYNNEHAVEN DR. P MARK D. SMITH No.002009 Sm CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 16 43.00 60.05 55.29 S 88'43 32 E 80'01 10 C 17 43.00 75.03 65.87 S 01' 16 28 W 99.58 50 TM: 55-((A))-201 ORRICK CEMETERY CO. INC. ` ZONE., RP USE: VACANT DB: 337, PG: 179 1� LOT 24 18411 SO. FT v' 2EAS MENTGE LAJ ' 1p. 15' WATER a, LINE EASEMENT W ...... _ . 9'3 �6 ....... - - i o : :•gym 1 LOT 23 N 14926 SO. FT. 10 B L O N �N 41.17 N I 0 BRL -- '�; N 1 LOT 22 I J889 SO. FT. m' I W 0 �S ¢� j0• N / v�`'j T6�'T'w ---I L25' DRAINAGE 3 EASEMENT 10' GAS PIPELINE EASEMENT LOT 21 I SEE SHEET 8 1 50 0 50 ✓' GRAPHIC SCALE (IN FEET) i h 1� SO, FUTURE/ NESCL/FFE CT. TM: 55-((A))-206 LYNNEHAVEN, L.C. DB: 843, PG: 415 ZONE. RP USE.• VACANT 15' SANITARY SEWER EASEMENT C7 RF FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONES, RED BUD DISTRICT FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: 1" = 50' T DATE: NOVEMBER 26, 2002 No.002009 GREENWAYYENG NEERING151 WmMU LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185R SHEET 9' OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C3 1000.00 284.3T 283.42 S 56'58 01 W 16' 17 36 C6 920.00 262.01 ' 261.12 S 56'57 18 W 16' 19 02 C8 43.0 667.54' 60.81 S 03.4747 W 90100'00" C 11 475.00 62.28 62.23' S 44' 57 35 E 07'30 '44 TW 658—((9)), PARKW000 MANOR, (OB 625, PG 780), ZONE RP, USE RES 65—((A))-27A LARRY W. BURACKER OTM: (DB 912, PG 433) ZONE. RP, USE- RES (DB O805,6PG(1285) ZONE.•BRPT USE.•YRES 65—((A))-25A SKIP BAKER (DB OTM. 771, PG 430) ZONE. RP, USE' RES GRAPHIC SCALE (IN FEET) L9 _ 65—((A))-25 GARY R BAKER etux OTM. (DB 430, PG 303) ZONE: RP, USE RES 65—((A))-24 SHARLEY E. MORRIS OTM: (DB 364, PG 112) ZONE .• RP, USE RES O8 etux (DB( 344, PG 3SS) ZONE. RPE USE. RES 55—((A))-201 ORRICK CEMETERY CO. INC. OTM: (DB 337, PG 179) ZONE: RP, USE. RES ROAD EFFICIENCY ei icc-r"o ruwtm W. taml.— NO SPECIFIED WIDTH DB 255 PG 352 LINE BEARING DISTANCE L 1 S 63'03 11 E 107.07 L2 S 8239 02 E 121.64 L3 N 7546'37" E 121.64 L4 N 56'15'50" E 106.62' L5 N 81.52 48 E 92.96 L6 N 51'1703 E 153.40 L7 S 48'42 57 E 155.08 LINE BEARING DISTANCE L8 S 41'12'1—E 14o.26 L9 S 48'4747 W _ 20 1. 01 L IO S 48'49 13 W 213.78 L l l S 81'25 53" W 49.70 L 15 N 54.35'44 W 33.40 L 17 N 56'45'52 W 97.01 FINAL SUBDIVISION PLAT. L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA SCALE: 1" = 200' DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA 22602 Surveyors TELEPHONE: (540) 662-4185' FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com TRIMMING RIGHTS DB 255 PG 352 N MARK D. SMITH No.002009 13 LINE BEARING DISTANCE L28 S 41'12 13 E 56.37 L29 S 41.12 13" E 2370' L30 S 48'47 47 W 50.01 ' 01 S 48'50 14 W 19Z44 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C4 960.00 273.40' 272.47 S 56'5718 W 16'19'02" C5 1000.00 284.79 283.83 S 56'57 18 W 16' 19 02 C6 920.00 262.01 261.12 S 56'57 18 W 16' 19 02 C7 43.00 67.54' 60.81 N 86' 12 13 W 90'00 00 C8 4300 202.63' 60.81 N 03'47 47 E 270'00 00 C9 500.00 65.54' 65.50 S 4457J2m E 0730139 CIO 525.00 68.83 68.79 S 44'57 35 E 07'30 44 C 11 475.00 62.28 62.23 S 4457 35 E 07'30 44 C31 43 17 63.02 1 57.57 S 84'33 33 E 83'38 19 C32 43.81 66.16 60.05 N 04'30 41 E 86'31 04 SANITARY SEWER EASEMENT SEE SHEET 13 I LOT 1 ! 10' GAS PIPELINE 48'25" W WETLANDS ..\\;, ;:T.,,''"►`., N . 44CONSERVATION 6'SSSo' EASEMENT EASEMENT DATA LINE BEARING DISTANCE L32 S 41'12 13 E 11.25 L33 S 48'47 47 W 5.98 L34 S 03'47 47 W 43.39 L35 S 48'47 47 W 6.33 L36 I S 48'47 47 W 15.00, L37 N 41' 12 13 W 3 66 L38 N $6' 12 13 W 38.65 L39 S 48'48 02 m W 100.94 L40 S 5157 40 W 203 46 15'- OUTLOT 'A" WATERLINE EASEMENT SEE SHEET 10 j ORIGINAL BOUNDARY LINE 1 Y HEREBY VACATED 80' ROAD EFFICIENCY BUFFER p 201.01' NN//VG N 48'4747" E 80 R/W _ 398.84' GCS i S 48'4949 " W 554.59' a 5' WATERLINE7 EASEMENT 7A=219.JJJ' R=1000.00' ORIGINAL BOUNDARY LINE TM: 65-((A))-39A HEREBY VACATED MANNING & ROSS, L.L.C. 100 0 100 DB. 948, PG. 1760 ZONE. RP USE. RES. GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT LYNNEHAVEN SECTION ONE 21.7' \ TM 65-((A))-39 MANNING & ROSS DEVELOPERS, LLC INST. If0f0016381 ZONE.- RP USE.- RES. RED BUD DISTRICT •-- FREDERICK COUNTY. VIRGINIA SCALE: 1" = 100' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayang.com Ohi MARK D. SMITH No.002009 SHEET 11 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 960.00 273.00 272.08 N 56'58 01 E 16' 17 36 C2 920.00 261.62 260.74 N 56'58 01 E 16' 17 36 C3 f 000.00 284.37' 283.42 N 56'58 O f 0 E 16' 1736 C4 960.00 273.40 272.47 S 56'5718 W 16' 19'02 C5 1 1000.00 284.79 283.83 # S 56'57 18 W 16'19 02 C6 1 920.00 262.01 261.12 S 56'57 18 W 16' 19 02 LINE BEARING DISTANCE L l l N 81*2553m E 49.70 L 12 S 10' 18 41 a E 61.93' L 13 N 65'54 20 0 W 55.38 L 14 N 65'54 20 W 102.56 L 15 N 54'35 44 W 16.94 L 16 N 54*J544w W 33.40 0• " " Dc SEE SI° Er 10 ROAD EFFICIENCY / . BUFFER WETLANDS CONSERVATION FN FPOST ; - EASEMENT - - 66=47"� 26 ' 1 F 1 / 7 6 1RF J 5 4 TM. 658—((9)) PARKWOOD MANOR D8. 625, PG: 780 44 ZONE • RP, USE RES 3 � h� 2 + 1 L, L16 15 0 N .. %RF —7 i ?-1 C) .7`• Lri TM: 65—((A))-39A MANNING & ROSS, L.L.C.DB. 948, PG. 1760 ZONE. RP. USE.• VAC. STEPHEN D (PARSONS i + DB: 930, PG. 1000 ZONE • RR USE RES / cl OUTLOT "B" 0.4614 ACRES (ROAD EFFICIENCY WATER BUFFER) LINE EASEMENT W. OAK FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA SCALE: 1" = 100' DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com VA ROUTE 657 VARIABLE R/W v v MARK D. S ITH No.002009 SU 12 OF 13 91 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C9 500.00' 65.56' 65.51 ' N 445T35 W 07'30'44 C 10 525.00 68.83 68.79 S 44'57 35 E 07'30 44 C 11 475.00 62.28 62.23 S 4457 35 E 07'30 44 15' 5'42'26" E 56.5i! SANITARY SEWER EASEMENT \ CIL 20' SANITARY RESIDUE �I TM: 55-((A))-20 SEWER " LYNNEHAVEN, L. . N 30148 . 12 25 E DB. 843, PG: 41•5" \ ZONE. RP, USE: VACMT L26 REMAINING ACERAGE.• 7er?0 AC. ••K .�: '••�\ ;�:�•\;,t'` `' STORM D"AAGE"•' �. ��•� `: EASEMENT: :;':;;:•,;; 140.26 CN 41'12'13" W 295.oz WON BOUL.Evmo 9 22s.2s' '42,57" W F RAIII 5 Rlw 12.76' Nj.03 78.6 C 11 ' 140.26 10' GAS PIPELINE —EASEMENT 21.9' r ..S A;I WATER, :( N 48'4825" ' E ' •� �; : ; MANAGEMENT • & ORW 6',E. 83.89 0. EASEMENT, •' x. NOUTLOT "A r; SEE SHEET 10 x, .� x,� ' STORM WATER MANAGEMENT & DRAINAGE EASEMENT CIL 20' SANITARY SEWER EASEMENT N 56' 12'21 " E 483.57' WETLANDS CONSERVATION EASEMENT SEE SHEETS 11 & 12 ^ \ � .'f\ \ \ FINAL SUBDIVISION PLAT L YNNEHA VEN LINE BEARING DISTANCE L 18 S 81700'02 W 55.77 L 19 S 52 56 43 W 80.00 L20 N J7OJ'l 7m W 70.00 L21 S 75'10 02 W 60.97 L22 S 42 36 54" W 20.17 L23 N 6344 35 W 75.52 L24 N 08*004m W 54.23 L25 N 86'42 26 E 74.01 L26 S 45'38'00" E 62.67 L L27 S 13'55'16" E 9,5 2 V 50 0 50 GRAPHIC SCALE (IN FEET) SECTION ONE RED BUD DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com MARK D. SMITH No.002009 L4b _ StJR. 2185R SHEET 13 OF 13 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LYNNEHAVEN Frederick County, Virginia TABLE OF CONTENTS ` CO Page ARTICLE I - DEFINITIONS............................................................................... 2 Section 1- Association................................................................... 2 Section 2 - Board of Supervisors.................................................... 2 Section 3 - Common Area.............................................................. 2 Section 4 - Declarant....................................................................... 2 Section 5 - Declaration.................................................................... 3 Section 6 - Developer...................................................................... 3 Section 7 - Dwelling Unit............................................................... 3 Section 8 - Federal Agencies.......................................................... 3 Section9 - Lot................................................................................. 3 Section 10 - Member....................................................................... 3 Section 11- Mortgagee................................................................... 3 Section12 - Owner......................................................................... 3 Section13 - Property......................................................•............... 3 ARTICLE II - MEMBERSHIP............................................................................ 4 ARTICLE III - VOTING RIGHTS....................................................................... 4 Section1 - Classes.......................................................................... 4 Section 2 - Annexation................................................................... 4 Section 3 - Multiple ownership interests ........................................ 5 ARTICLE IV - PROPERTY RIGHTS.................................................................. 5 Section 1 - Member's Easements of Enjoyment ............................. 5 Section 2 - Delegation of Use ......................................................... 7 ARTICLE V - ASSESSMENTS............................................................................ 7 Section 1- Creation of the Lien and Personal Obligation of Assessments ....................... 7 Section 2 - Purpose of Assessment ................................................. 8 Section 3 - Establishment of Annual Assessment .......................... 8 Section 4 - Basis and Maximum of Annual Assessments .............. 8 Section 5 - Special Assessments..................................................... 9 Section 6 - Quorum for any Action Authorized Under Sections 4 or 5........................................................ 9 Section 7 - Working Capital Assessment ....................................... 9 Section 8 - Rate of Assessment....................................................... 9 Section 9 - Notice of Assessment and Certificate ........................... 10 Section 10 - Remedies of the Association in the Event of Default.. 10 ii CD Section 11 - Subordination of the Lien to Mortgages ..................... 11 Section 12 - Exempt Property......................................................... 11 Section 13 - Reserves for Replacements ......................................... 11 Page ARTICLE VI - RESTRICTIVE COVENANTS ................................................... 11 Section1- Use................................................................................ 11 Section 2 - Modifications................................................................ 12 Section 3 - Laundry ......................................................................... 12 Section 4 - Sight Lines.................................................................... 12 Section 5 - Vegetation..................................................................... 12 Section 6 - Noxious Activity........................................................... 12 Section7 - Signs............................................................................. 12 Section 8 - Animals......................................................................... 12 Section9 - Trash............................................................................. 13 Section 10 - Antennae..................................................................... 13 Section11- Paint............................................................................ 13 Section 12 - Exteriors of Structures ................................................ 13 Section 13 - Fences......................................................................... 13 Section 14 - Vehicles...................................................................... 13 Section 15 - Commercial Vehicles ................................................. 13 Section 16 - Recreational Vehicles ................................................. 13 Section 17 Towing........................................................................ 14 Section 18 - Loudoun County Sanitation Authority Easements ..... 14 Section 19 Leases......................................................................... 14 Section 20 - Declarant's Activities ................................................. 14 Section 21 - Rules and Regulations ................................................ 14 ARTICLE VII - ARCHITECTURAL REVIEW BOARD .................................... 14 Section 1- Composition................................................................. 14 Section 2 - Method of Selection..................................................... 14 Section 3 - Removal and Vacancies ............................................... 15 Section 4 - Officers ......................................................................... 15 Section5 - Duties............................................................................ 15 Section 6 - Failure to Act................................................................ 15 Section 7 - Enforcement.................................................................. 16 Section8 - Appeal........................................................................... 16 ARTICLE VIII - EASEMENTS................................................................................ 16 Section 1- Blanket Easements........................................................ 16 Section 2 - Exercise of Easement Rights ........................................ 16 Section 3 - Encroachments.............................................................. 16 Section 4 - Development................................................................. 17 Section 5 - Utilities......................................................................... 17 Section 6 - Release of Public Improvement Bonds ......................... 17 Section 7 - Declarant -Retained Easement Rights ........................... 17 iii Ah C:) Cn 3 C ARTICLE IX - POWERS AND DUTIES OF THE ASSOCIATION ................. 17 Section 1 - Discretionary Powers and Duties .................................. 17 Section 2 - Mandatory Powers and Duties ...................................... 19 Section 3 - Board Authority to Act ................................................. 20 Page ARTICLE X - RIGHTS OF MORTGAGEES.................................................... 21 Section 1- Veterans Administration ............................................... 21 Section 2 - Federal Housing Authority ........................................... 22 Section 3 - Freddie Mac.................................................................. 22 Section 4 - Fannie Mae................................................................... 23 Section 5 - General........................................................................ 24 ARTICLE XI - GENERAL PROVISIONS......................................................... 26 Section 1- Enforcement.................................................................. 26 Section 2 - Severability; Headings; Conflict ................................... 26 Section3 - Duration........................................................................ 26 Section 4 - Material Amendment/Extraordinary Action ................. 26 Section 5 - Amendment.................................................................. 28 Section 6 - Special Amendment...................................................... 29 Section 7 - Waiver........................._................................................ 29 Section 8 - Annexation of Additional Property .............................. 29 Section 9 - Withdrawable Real Estate ............................................ 29 Section 10 - Management Contracts ............................................... 30 Section 11- Dissolution.................................................................. 30 Section 12 - County Approval........................................................ 30 iv CD CJ1 C) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LYNNEHAVEN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of the 19' day of March, 2003, by and between QR DEVELOPMENT, L.L.C., a Virginia corporation, its successors and assigns (the "Declarant"), Grantor; and LYNNEHAVEN HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, its successors and assigns (the "Association") Grantor and RICHMOND AMERICAN HOMES OF VIRGINIA, INC., un-recorded contract purchaser of QR DEVELOPMENTS, L.L.C. (Also the "Declarant") (Also indexed as "Grantor"). RECITALS: A. The Declarant is the owner of certain real property which shall be developed as single family detached residential units in accordance with the Frederick County Zoning Ordinance, Section 1, LYNNEHAVEN located in Frederick County, Virginia, known as Lots 1 through 24 and Outlot A, LYNNEHAVEN as the same are duly subdivided, platted and recorded by the Plat and Deed of Subdivision recorded immediately prior hereto. B. The Association is, or at the time of recordation of this Declaration will be, the owner of certain real property located in Frederick County, Virginia, known as LYNNEHAVEN, as the same is duly subdivided, platted and recorded by the Plat and Deed of Subdivision recorded immediately prior hereto. C. The Declarant desires to create on the Property (as hereinafter defined) a residential community which shall have permanent open spaces and other common facilities for the benefit of the community. D. The Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Declaration, and to provide for the maintenance of the open spaces and other facilities, and, to this end, declare and publish their intent to subject the Property to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of each owner thereof. E. The Declarant has deemed it desirable for the efficient preservation of the values of said community to create an association to which shall be delegated and assigned the powers of owning, maintaining and administering the common areas and facilities, administering and enforcing the covenants and restrictions made in and pursuant to this Declaration and collecting and disbursing the assessments and charges hereafter created. n Cn CD N) F. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, LYNNEHAVEN Homeowners Association, Inc., for the purpose of exercising the functions of the Association. NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to each owner of a Lot, with the express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other owners of Lots in and to the use of any Common Area and facilities; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their respective successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to LYNNEHAVEN Homeowners Association, Inc., a Virginia non -stock corporation, its successors and assigns. Section 2. "Board of Directors" or `Board" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 3. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on an approved plat of the Property and located within the Common Area's boundaries. Section 4. "Declarant" shall mean and refer to QR Development, L.L.C., and its successors or assigns (i) to whom QR Development, L.L.C. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. The named Declarant shall also include Richmond American Homes of Virginia, Inc. (un-recorded contract purchaser from QR Development, L.L.C.) or its successors and assigns. Section 5. "Declaration" shall mean and refer to this Declaration of Covenants, 2 CD Cn C3 CA) Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. Section 6. "Developer" shall mean and refer to QR Development, L.L.C. and its assignees if such assignees receive a written assignment from the Developer. Section 7. "Dwelling Unit" shall mean and refer to any improvement to the Property intended for any type of independent ownership for use and occupancy as a residence by a single household and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Section 8. "Federal Agencies" shall mean the Veterans Administration ("VA"), Federal Housing Authority ("FHA"), Fannie Mae and Freddie Mac. Section 9. "Lot" shall mean and refer to any plot of land created by and shown on a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances, with the exception of the Common Area and streets dedicated to public use. Section 10. "Member" shall mean and refer to every person or entity who holds a membership in the Association, as more particularly set forth in Article H below. Section 11. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or the Common Area who has notified the Association of this fact in writing. An "Eligible Mortgagee" shall be a Mortgagee who has given notice to the Association of its interest and requested all rights afforded Eligible Mortgagees under Article XII. Section 12. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot, including a contract seller but excluding those holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 13. "Property" shall mean and refer to that certain real property described as LYNNEHAVEN as duly subdivided, platted and recorded by the Plat and Deed of Subdivision recorded herewith, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association, which property shall be identified as part of Frederick County Tax Parcel No. 55-((A))-206, 65-((A))-30, and 65-((A))-31 containing 70.70 Acres (by subtraction). 3 Cn ARTICLE 11 CD .r- MEMBERSHIP Every Owner of a Lot which is subject to assessment under this Declaration 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 under this Declaration. Ownership of such Lot shall be the sole qualification for membership. No Owner shall have more than one (1) membership in the Association for each Lot it owns. ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership by the Article entitled "Membership" herein. Class B: The Class B Member(s) shall be the Declarant. A Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by the Article entitled "Membership" herein. Class B membership shall cease and a Class A membership with one (1) vote for each Lot in which it holds an interest shall issue on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) seven (7) years from the date of recordation of this Declaration; or (c) sixty (60) days after the Declarant abandons construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 2. Annexation. Upon annexation of additional properties pursuant to this Declaration, and in the event that Class B membership shall have ceased as herein above provided, Class B membership shall be revived with respect to all Lots owned by the Declarant, which Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or 4 Cn CD Cn (c) sixty (60) days after the Declarant abandons construction (i.e., no new dwelling construction has been initiated for a period of ten (10) months, unless there is evidence of continuing construction). Section 3. Multiple ownership interests. If more than one (1) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted, but the Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. In no event shall more than one (1) vote be cast with respect to any Lot. ARTICLE IV PROPERTY RIGHTS Section 1. Member's Easements of Enjoyment. Subject to the limitations and restrictions of the Deed of Open Space Easement recorded contemporaneously herewith, every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility located on the common Area; (b) the right of the Association to limit the number of guests of Members on the Common Area or to make any recreational facility available to occupants of adjacent real estate or members of the general public; (c) the right of the Association to adopt and enforce rules and regulations governing the use of the Common Area and facilities and the personal conduct of Owners, occupants and guests thereon, including, without limitation, the imposition of fines for the violation thereof; (d) the right of the Association to suspend the voting rights, the right to run for office within the Association, and rights of a Member to the use of any recreational facilities or non- essential services offered by the Association, to the extent that access and the provision of utilities to the Lot through the Common Area are not precluded, for any period during which any assessment against such Member's Lot remains unpaid or for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (e) the right of the Association, subject to this Declaration and the easement of enjoyment created hereby, to mortgage the Common Area subject to such Member, Mortgagee and Federal Agencies' approvals as may be provided in the Declaration and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the W1 CZ) C- t C C� t Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby and shall not be in conflict with its designation as "open space." In the event of default upon any mortgage or deed of trust on the Common Area, after taking possession of such Common Area, a lender's rights are limited to charging reasonable admission and other fees as a condition of continued enjoyment by Members, and if necessary, to a wider range of users. Upon satisfaction of the mortgage or deed of trust, such Common Area shall be returned to the Association with full restoration of the Member's rights; (f) the right of the Association at any time, or upon dissolution of the Association, and consistent with the then -existing zoning and subdivision ordinances of Frederick County, Virginia (the "County") and its designation of the Common Area as "open space," to transfer all or any part of the Common Area to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such Common Area shall be then offered to be granted, conveyed or assigned to any non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Virginia law. Except in the case of dissolution, any such transfer shall have the assent of at least two-thirds (2/3) of each class of Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The resubdivision or adjustment of the boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (g) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way and easements through or over any portion of the Common Area; (h) the right of the Association to lease the Common Area, provided however that such lease(s) must: (i) be only to non-profit organizations; (ii) prohibit assignment and subleasing; (iii) require the prior, written approval of the Association of uses of the Common Area and facilities, which must be in accordance with this Declaration; (iv) be consistent with the then -existing ordinances of the County; and (v) be consistent with the open space designation of the Common Area; :1 `.d (i) the right of the Declarant or the Association to resubdivide and/or adjust the boundary lines of the Common Area consistent with applicable zoning and subdivision ordinances as either deems necessary for the orderly development of the subdivision; 0) all rights reserved by the Declarant in the Article herein entitled "Easements"; and (k) the right of the Declarant to erect, maintain and operate real estate sales and construction offices, displays, signs and other facilities for sales, marketing and construction purposes. The Association, acting through the Board of directors, may exercise these rights without Member, Mortgagee or Federal Agencies' approvals unless provided otherwise in this Declaration. Section 2. Delegation of Use. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its Lot, the rental agreement shall contain specific conditions which require the tenant to abide by all Association covenants, rules and regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. ARTICLE V ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants, for each Lot owned, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments (as hereinafter defined) or charges, and (b) Special Assessments (as hereinafter defined) for capital improvements or other specified items. Such assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, late fees, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. 7 C. n 00 Section 2. Purpose of Assessment. The assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, including but not limited to, the improvement and maintenance of the Common Area, including any storm water detention facilities, drainage facilities, and lighting facilities, payment of taxes, construction of improvements and maintenance of services and facilities devoted to these purposes or related to the use and enjoyment of the Common Area or other property which the Association has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Establishment of Annual Assessment. (a) The Association must levy in each of its fiscal years an annual assessment (the "Annual Assessment") against each Lot. The amount of such Annual Assessment shall be established by the Board of Directors, subject to the limitations imposed by Section 4 of this Article, and written notice of such shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable as to all Lots within a Section of the Property (as such Section is shown on a recorded subdivision plat) on the first day of the month following the first conveyance of a Lot within that Section to an Owner who is not the Declarant. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights of use which are common to all of the Lots. Section 4. Basis and Maximum of annual Assessment. Until January 1 of the year immediately following conveyance of the first Lot to an Owner other than the Declarant, the maximum Annual Assessment shall be FOUR HUNDRED DOLLARS ($400.00). (a) From and after January 1 of the year immediately following the first conveyance of a Lot to an Owner other than the Declarant, the maximum Annual Assessment shall increase effective January 1 of each year, without a vote of the Members, (i) by the amount of the increase in costs of insurance, taxes, recycling, trash and waste removal, and (ii) either (1) in conformance with the rise, if any, of the Consumer Price Index (All Items Index) published by the United States Department of Labor for the Washington, D.C. standard metropolitan area for the year ending the preceding July 1, or (2) ten percent (10%), whichever amount is greater. (b) The Board of Directors may determine not to increase the maximum Annual Assessment to the full extent of the automatic increase provided by subparagraph (a) of this Section, in which case the Board of directors may determine to increase the maximum Annual Assessment by any lesser amount. (c) From and after January 1 of the year immediately following the first conveyance C:) Cil C:) t10 of a Lot to an Owner other than the Declarant, the maximum Annual Assessment may be increased above that established by subparagraph (a) annually, provided that to be effective, any such change shall have the assent of more than fifty percent (50%) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which setting forth the purpose of the meeting shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. (d) After consideration of current maintenance costs and further needs of the Association, the Board of Directors may fix the Annual Assessments at an amount less than the maximum. Section 5. S12gcial Assessment. In addition to the Annual Assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, pro rata according to each Section's benefit. The amount of the Special Assessment shall be the same for each Lot in any Section but need not be uniform with the Special Assessment imposed on Lots in other Sections. To be effective, any such assessment shall have the assent of more than two-thirds (2/3) of the votes of each class of Members within an affected Section, who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which setting forth the purpose of the meeting shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 6. Ouorum for any Action Authorized Under Sections 4 or 5. At the first calling of a meeting under Sections 4 or 5 of this Article, the presence at the meeting of Members or proxies entitled to cast sixty percent (60%) of all the votes of each class of Members shall constitute a quorum. If the required quorum does not exist at any such meeting, another meeting may be called subject to the notice requirements set forth in Sections 4 and 5 and to applicable law, and the required quorum at any such subsequent meeting shall be one-half ('/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Working Capital Assessment. In addition to the Annual and Special Assessments authorized above, the Association shall establish and maintain a working capital fund. At each settlement on the initial sale by a Declarant of a Lot for which a residential use zoning permit has been issued, the purchaser of such Lot shall pay to the Association a one-time working capital assessment of ONE HUNDRED DOLLARS ($100.00). Section 8. Rate of Assessment. The Annual Assessment shall be fixed at a uniform rate 0 CI CJ for all Lots, except for unoccupied Lots owned by the Declarant, and the Special Assessments shall be fixed at a uniform rate for all Lots within a particular Section, except for unoccupied Lots owned by the Declarant. Any unoccupied Lot owned by the Declarant shall be assessed at twenty-five (25%) of the rate of Lots within the same Section but not owned by the Declarant. As long as the Declarant retains the right to pay only partial assessments for its unoccupied Lot in any Section, the Declarant must maintain such Lot and must fund all operating budget deficits, including reserves, applicable to such Section, up to the amount the Declarant would have paid had it been assessed at the full rate. The Declarant's obligation under this Section does not include any expenses that the Association is unable to meet because of non-payment of any Owner's assessment or because of unusual or extraordinary expenses. Section 9. Notice of Assessment and Certificate. Written notice of the Annual Assessments shall be sent to every Member. The due dates for payment of the Annual Assessments shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer or authorized agent of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 10. Remedies of the Association in the Event of Default. If any assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the assessment shall bear interest from the date of delinquency at the rate charged by the Internal Revenue Service on delinquent taxes. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. A suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's voting rights, right to hold an office within the Association, and right to use recreational facilities or non -essential services offered by the Association to the extent that access and the provision of utilities to the Lot through the Common Area are not precluded. No assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. 10 b C1'l Section 11. Subordination of the Lien to Mort ag ges. The lien of the assessments provided for herein shall be subordinate to the lien of any properly recorded first trust or mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for or the lien of any assessments which thereafter become due or from the lien thereof. Section 12. Exempt ProMa. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said assessments. Section 13. Reserves for Replacements. The Association shall establish and maintain a reserve fund for the maintenance, repair and replacement of the Common Area and improvements located thereon by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. ARTICLE VI RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential purposes except as provided in Section 19 hereof. The Declarant reserves the right, pursuant to a recorded subdivision or resubdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Dwelling Unit and appurtenant structures, approved by the Association and appropriate County authorities, 11 Aft AM- -- CD Cil !M for use solely by the occupant of the Dwelling Unit. Section 2. No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans and specifications, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board, and, if required, by appropriate County authorities and, where required, appropriate construction permits obtained. "Structure" shall include, but not be limited to, any building or portion thereof, wall, deck, play equipment, greenhouse, skylight, solar panel, fence, pool, pavement, driveway or appurtenances to any of the aforementioned. Section 3. No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. Section 5. An Owner shall, at all times, maintain its property and all appurtenances thereto in good repair and in a state of neat appearance. All grassy areas of a lawn shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for property sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removedor planted without the approval of the Architectural Review Board. Section 6. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which is or may become an annoyance or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 7. The only signs permitted on the Property shall be customary home and address signs and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to two (2) square feet in total surface area dnd may not be illuminated. All Permitted Signs advertising the property for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. Section 8. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept of maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are kept in compliance with applicable County ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. Section 9. Trash shall be collected and stored in trash receptacles only and not solely in 12 O Cn plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view ex*t on days of trash collection, except those receptacles designed for trash accumulation located in the Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. Section 10. To the extent not inconsistent with federal law, exterior television and other antennae, including satellite dishes, are prohibited, unless approved in writing by the Architectural Review Board. The Architectural Review Board shall adopt rules for the installation of such antennae, which rules shall require that antennae and satellite dishes be placed as inconspicuously as possible and screened from view; provided, however, that all such rules relating to antennae and satellite dishes shall not unreasonable delay installation, interfere with reception or increase the cost. It is the intent of this provision that the Architectural Review Board shall be able to strictly regulate exterior antennae and satellite dishes to the fullest extent of the law and should any regulations adopted herein or by the Architectural Review Board conflict with federal law, such rules as do not conflict with federal law shall remain in full force and effect. Section 11. No person shall paint the exterior of any building, or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 12. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in a damaged condition for longer than three (3) months, unless expressly excepted by the Board in writing. Section 13. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. Section 14. No inoperable, junk, unregistered, unlicenced or uninspected vehicle shall be kept on the Property. No portion of the Property shall be used for the repair of a vehicle. Section 15. No commercial or industrial vehicle, such s but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses, shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Board. Section 16. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be parked on the Property without the prior, written approval of the Architectural Review Board, as to location, size, screening 13 Cn and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. Section 17. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of the covenants contained within this Article, upon twenty-four (24) hours' notice and at the vehicle owner's sole expense. _ Section 18. In accordance with the County's conditions of subdivision approval, no landscaping is permitted within five feet (5) of the fire hydrants and meter crock locations, nor within Frederick County Sanitation Authority easements. Section 19. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Every such rental agreement must include a provision stating that any failure by the tenant, its household members or guests, to comply with the terms of such documents shall be a default under the rental agreement, and the Owner shall be responsible for enforcing this provision. Section 20. The provisions of this Article shall not apply to the development of or construction of improvements on the Property by the Declarant or its assigns. The Declarant or its assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. ARTICLE VII ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant owns any Lot wihing the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When the Declarant no longer owns a Lot within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Developer shall appoint the persons to serve on the New Construction Committee. The Board of Directors shall appoint the persons to serve on the Modification and Change Committee. After the termination of the Class B membership, no member of the Modification and Change Committee may be a Director. The Developer may assign its rights under this Article to a Declarant or non -Declarant by a written assignment. 14 Cn CI? Section 3. Removal and Vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors at any time with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting of the Modification and Change Committee of the Architectural Review Board following each annual meeting of Members, the Modification and Change Committee shall elect from among themselves a chairperson, a vice -chairperson and a secretary who shall perform the usual duties of their respective offices. Section 5. Duties. The Committees of the Architectural Review Board shall regulate the external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for proposed alterations or additions to Lots; (b) periodically inspect the Property for compliance with adopted, written architectural standards and approved plans for alteration; (c) adopt and publish architectural standards subject to the confirmation of the Board of Directors; (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Approval by the Architectural Review Board of a correctly filed application shall not be deemed to be an approval by County authorities nor a waiver of the applicant's obligation to obtain any required County approvals or to comply with applicable local ordinances. Section 6. Failure to Act. In the event the Architectural Review Board fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt of the application sent by Registered Mail or Certified Mail -Return Receipt Requested, approval by the Architectural Review Board shall be deemed granted, except for those applications for additions or alterations prohibited by this Declaration or the architectural standards adopted by the Association, in which 15 a 01) case no disapproval is necessary to uphold the prohibition. Failure of the architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this Declaration at any later date. Section 7. Enforcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. ARTICLE VIII EASEMENTS Section 1. The Declarant grants and the Association reserves a blanket easement to the Association, its directors, officers, agents and employees, to any manager employed by or on behalf of the Association, and to all police, fire, ambulance personnel and all similar persons, to enter upon the Property, except within the limits of those portions of the Property that are intended to be dedicated to the County for public rights -of -way and accepted into the State secondary system for maintenance, in the exercise of the functions provided for by this Declaration, Articles of Incorporation, By -Laws and rules of the Association, and in the event of emergencies and in the performance of governmental functions. Section 2. When not an emergency situation or a governmental function, the rights accompanying the easements provided for in Section 1 of this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of any Owner or tenant directly affected. Section 3. If any improvement on the Property now or hereafter encroaches on any other portion of the Property by reason of (a) the original construction thereof by the Declarant or its assigns, which shall include, but not be limited to, any driveway which encroaches over a Lot's boundary line and draining of rainwater from roofs, (b) deviations within normal construction tolerances in the maintenance, repair, replacement or reconstruction of any improvement, or (c) the settling or shifting of any land of improvement, an easement is hereby granted to the extent of any such encroachment for the period of time the encroachment exists. The owner of the encroaching improvement shall also have an easement for the limited purpose of maintenance of the encroaching improvement. This easement does not relieve any Owner or any other person from liability for such Owner's or other person's negligence or willful misconduct. 16 o CfI —.a Section 4. Subject to the limitations and restrictions of the Deed of Open Space Easement recorded contemporaneously herewith, the Declarant, its agents and employees shall have a right of ingress and egress over the Common Area as required for construction on the development of the prop. Section S. There is reserved to the Declarant a right to grant non-exclusive easements over any Lot or Common Area for the purposes of installing, repairing and/or maintaining utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant or its assigns to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space" designation thereof. This right to grant easements shall automatically expire as to any Lot or Common Area seven (7) years from the date of submission of such Lot or Common Area to this Declaration. Section 6. There is reserved to the Declarant an easement and the right to grant and reserve easements or to vacate or terminate easements across all Lots and Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets for state maintenance with respect to the prop. Section 7. There is reserved to the Declarant a non-exclusive easement over all Lots and the Common Area for the purposes of correcting drainage, regrading, maintenance, landscaping, mowing and erecting street intersection signs, directional signs, lights and wall features, and for the purpose of executing any of the powers, rights, or duties granted to or imposed on the Association herein. This easement shall automatically expire as to any Lot or Common Area seven (7) years from the date of submission of such Lot or Common Area to this Declaration. ARTICLE IX POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. Subject to the limitations and restrictions of the Deed of Open Space Easement recorded contemporaneously herewith, the Association shall have the following powers and duties which may be exercised in its discretion: (a) to enforce any covenants or restrictions which are imposed by the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of 17 preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall have a duty to enforce the covenants by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the general fund for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected form time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and re -sow the grass and to care for, spray, trim, protect, plant and replant trees, shrubs and other landscaping on the Common Area and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; (f) to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including but not limited to those easements specifically reserved to the Association in the Articles entitled "Easements" herein; (g) to create, grant and convey easements and licenses upon, across, over and under all ca, including but not limited to easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 6) to retain as an independent contractor or employee a manager of the Association and such other employees or independent contractors as the Board deems necessary, and to prescribe the duties of employees and scope of services of independent contractors; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance or protection of the Property; In CI LU (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling unit and any other improvements located thereon if such is not performed by the Owner of the Lot the costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Covenant for Maintenance Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to resubdivide and/or adjust the boundary lines of the Common Area but only to the extent such resubdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (n) to adopt, publish and enforce rules and regulations governing the use of the Common Area and facilities and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to suspend a Member's voting rights and the Member's right to use recreational facilities or non -essential services for non-payment of assessments and to assess charges against Members for violations of the provisions of the Declaration or rules and regulations, as provided for in the Virginia Property Owners Association Act; (o) to declare the office of a member of the Board of Directors vacant in the event such member shall be absent from three (3) consecutive regular meetings of the board; and (p) to negotiate a trash service contract on behalf of some or all of the Owners, the cost of which shall be a common expense. Section 2. Mandatory Powers and Duties. Subject to the limitations and restrictions of the Deed of Open Space Easement recorded contemporaneously herewith, the Association shall exercise the following powers, rights and duties: (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots, and to cause the Common Area and facilities to be maintained in accordance with the standards adopted by the board; (b) to transfer part of the Common Area to or at the direction of the Declarant, for the purpose of adjusting boundary lines or otherwise in connection with the orderly subdivision or development of the prop, but only to the extent such resubdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) after the termination of the Class B membership, to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, 19 AEh C!? E!a employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' Annual Assessment of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of which the Association is a beneficiary, if available at reasonable cost. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the ca, including but not limited to street lights (including the payment of utility costs therefor), recreational facilities, entrance ways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including but not limited to fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) street lights that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County requires the Association to maintain, (including the payment of utility costs therefor); (f) to pay all proper bills, taxes, charges and fees on a timely basis; (g) to maintain its corporate status; and (h) to maintain all stormwater management detention, drainage, and lighting facilities serving the prop. Section 3. Board Authori, to Act. Unless otherwise specifically provided in the Association's documents, all rights, powers, easements, obligations and duties of the Association may be performed by the Board. Notwithstanding anything to the contrary contained herein, any rules or regulations which are promulgated by the Board may be repealed or amended by a majority vote of the Members cast, in person or by proxy, at a meeting convened for such purpose in accordance with the By -Laws. 20 0 crt ry ARTICLE X RIGHTS OF MORTGAGEES Unless a right is waived by the appropriate Federal Agency, all Mortgagees shall have the following rights: Section 1. Veterans Administration. If any of the Lots are security for a loan guaranteed by the VA and if there is a Class B Member: (a) The Declarant must provide a copy of all amendments to the VA. The Association may not make any Material Amendment or take any Extraordinary Action as defined in Article XlH without the approval of the VA. (b) Eligible Mortgagees shall have the following rights: (i) the right to inspect Association documents and records on the same terms as the Members; (ii) notice of any Material Amendment to the Association documents; (iii) notice of any Extraordinary Action of the Association; (iv) notice of any property loss, condemnation or eminent domain proceeding affecting the Common Area resulting in a loss greater than ten percent (10%) of the annual budget or affecting any Lot insured by the Association in which the Eligible Mortgagee has an interest; (v) notice of any termination, lapse or material modification of an insurance policy held by the Association; (vi) notice of any default by an Owner of a Lot subject to a mortgage held by the Eligible Mortgagee in paying assessments or charges to the Association which remains uncured for sixty (60) consecutive days; (vii) notice of any proposal to terminate the Declaration or dissolve the. Association at least thirty (30) days before any action is taken; (viii) the right of a majority of the Eligible Mortgagees to demand professional management; and (ix) the right of a majority of the Eligible Mortgagees to demand an audit of the Association's financial records. 21 Q c-n r\3 N) Section 2. Federal Housing Authority_ If any of the Lots are security for a loan insured by FHA and if there is a Class B Member, the following actions will require the prior approval of the FHA: (a) annexation of additional properties, except the land described in the Article below entitled "General Provisions"; (b) mergers, consolidations and dissolution of the Association; (c) mortgaging or conveyance of the ca; and (d) amendment of this Declaration. Section 3. Freddie Mac. (a) Unless at least two-thirds (2/3) of the first Mortgagees (based on one vote for each first mortgage owned) or two-thirds of the Class A Members have given their prior written approval, the Association shall not take any of the following actions: (i) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The resubdivision and/or adjustment of boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer or subdivision within the meaning of this clause. (ii) change the method of determining the obligations, assessments, dues, or other charges that may be levied against an Owner. (iii) by act or omission waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Common Area, common fences and driveways, and the upkeep of lawns and plantings in the prop. (iv) fail to maintain fire and extended coverage insurance on insurable parts of the Common Area or other Association property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement costs, not including land value. (v) use hazard insurance proceeds for losses to the Common Area or other Association property for other than the repair, replacement or reconstruction of such property. (b) A Mortgagee shall be given written notification from the Association of any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured 22 CD C.n EV within sixty (60) days after the Owner's receipt of notice of the default. (c) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for such Common Area. The Mortgagee making such payments shall be owed immediate reimbursement therefor from the Association. (d) The assessments imposed by the Association shall include an adequate reserve fund for maintenance, repairs and replacements for those parts of the Common Area which may be replaced or require maintenance on a periodic basis. Such reserves shall be payable in regular installments rather than by Special Assessment. Section 4. Fannie Mae. (a) A Mortgagee shall be given written notification from the Association of the following: (i) any condemnation or casualty loss that affects either a material portion of the Common Area or the Lot that is the security for the indebtedness due the Mortgagee; (ii) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot this is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (iii) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (iv) any proposed action that would require the consent of a specified percentage of Mortgagees. (b) Provided that improvements have been constructed in the Common Area and provided that a Mortgagee gives written notice to the Association that it has relied on the value of the improvements in making a loan on a portion or all of the prop, then subject to the right of the Declarant to annex additional areas as provided in the Article entitled "General Provisions" herein, unless at least sixty-seven percent (67%) of the Members and Mortgagees representing at least fifty- one percent (51%) of those Lots that are subject to mortgages or deeds of trust have given their prior written approval, the Association shall not add or amend any material provision of this Declaration or related Association documents concerning the following: (i) voting rights of any Member; 23 C::) CA N .I" (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair and replacement of those parts of the Common Area that may be replaced or require maintenance on a periodic basis; (iv) responsibility for maintenance and repair of the property; (v) reallocation of interests in the Common Area or rights to its use, except as provided in the Articles entitled "Voting Rights" and "Property Rights" herein; (vi) converting Lots into Common Area or vice versa; (vii) annexation or withdrawal of property to or from the Property (other than annexation of those properties referred to in the Article entitled "General Provisions" herein); (viii) insurance or fidelity bonds; (ix) leasing of Dwelling Units; (x) imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; (xi) a decision by the Association to establish self -management when professional management has been required previously by a Mortgagee; (xii) restoration or repair of the Property after a hazard damage or partial condemnation; (xiii) Any provisions that are for the express benefit of Mortgagees; (xiv) termination of the legal status of the Association after substantial destruction or condemnation of the subdivision occurs. An addition or amendment to this Declaration or related Association documents shall not be considered material if it is for the purpose of clarification or correcting errors. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request. Section 5. General. (a) Condemnation. In the event that there is a condemnation or 24 cri fV cn destruction of the Common Area or other Association property, to the extent practicable, condemnation or insurance proceeds shall be used to repair or replace the condemned or destroyed property. (b) Unpaid Assessments. Any Mortgagee, who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure, will not be liable for such Lot's unpaid dues or charges which accrue prior to the acquisition of title to the Lot by the Mortgagee. (c) Books and Records. A Mortgagee shall have the right to examine and copy at its expense the books and records of the Association during normal business hours and upon reasonable notice to the Association. (d) Notice. As set forth in this Article, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the By - Laws or the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision of the Association to terminate such professional management and assume self -management. (e) Excess Proceeds. Should there be excess insurance or condemnation proceeds after the renovation, repair or reconstruction called for herein, such excess proceeds may be distributed equally to the Owners, apportioned equally by Lot; subject, however, to the priority of a Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Virginia law. (f) Audited Financial Statement. The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (g) Termination. Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the Association for reasons other than substantial destruction or condemnation of the prop. (h) Damage to Common Area. The Association shall cause the immediate repair, reconstruction or renovation of any damage to the Common Area unless a decision not to repair, reconstruct or renovate is approved by a majority of the Mortgagees. ►C. - CD Cil N) M ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability. Headings: Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation and this Declaration, the Articles of Incorporation shall control; in the case of any conflict between this Declaration and the By -Laws, this Declaration shall control. Section 3. Duration. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants and restrictions of this Declaration shall be automatically extended for successive periods of twenty (20) years each. Section 4. Material Amendment/Extraordinary Action. (a) In accordance with Federal Agencies' requirements, material amendments ("Material Amendments") or extraordinary actions (Extraordinary Actions") must be approved by Members entitled to cast at least sixty-seven percent (67%) of the votes of Members present and voting, in person or by proxy, at a meeting held in accordance with the notice and quorum requirements for Material Amendments and Extraordinary Actions contained in the By -Laws, such vote including the vote of a majority of the Class A Members present and voting, in person or by proxy, at such meeting. 26 Aa- Cr, N A Material Amendment includes adding, deleting, or modifying any provision regarding the following: (i) assessment basis or assessment liens; (ii) any method of imposing or determining any charges to be levied against individual Owners; area improvements; (iii) reserves for maintenance, repair or replacement of common (iv) maintenance obligations; (v) allocation of rights to use Common Areas except as provided in the Articles entitled "Voting Rights" and "Property Rights" herein; (vi) any scheme of regulation or enforcement of standards for maintenance, architectural design or exterior appearance of improvements on Lots; (vii) reduction of insurance requirements; (viii) restoration or repair of common area improvements; (ix) the annexation or withdrawal of land to or from the Property other than annexation or withdrawn of those properties referred to in the Article entitled "General Provisions" herein; (x) voting rights; (xi) restrictions affecting leasing or sale of a Lot; or (xii) any provision which is for the express benefit of Mortgagees. An Extraordinary Action includes: (i) merging or consolidating the Association (other than with another non-profit entity formed for purposes similar to this Association); (ii) determining not to require professional management if that management has been required by the Association documents, a majority of eligible Mortgagees or a majority vote of the Members; (iii) expanding the Association to include land not previously 27 ift -IS _ a u1 ry CO described as annexable which increases the overall land area of the project or number of Lots by more than ten percent (10%); (iv) abandoning, partitioning, encumbering, mortgaging, conveying, selling or otherwise transferring the Common Area except for (i) granting easements; (ii) dedicating Common Area as required by a public authority; (iii) resubdividing or adjusting the boundary lines of the Common Area or (iv) transferring Common Area pursuant to a merger or consolidation with a non-profit entity formed for purposes similar to the Association; (v) using insurance proceeds for purposes other than reconstruction or repair of the insured improvements; or (vi) making capital expenditures (other than for repair or replacement of existing improvements) during any period of twelve (12) consecutive months costing more than twenty percent (20%) of the annual operating budget. (b) Any Material Amendment which changes the rights of any specific class of Members must be approved by Members entitled to cast at least fifty-one percent (51%) of the votes of all Members of such class present and voting, in person or by proxy, at a meeting held in accordance with the requirements contained in the By -Laws. (c) The following Material Amendments and Extraordinary Actions must be approved by Members entitled to cast at least sixty-seven percent (67%) of the total authorized votes of all Members of the Association, including at least a majority of the total authorized votes entitled to be cast by Class A Members: (i) termination of this Declaration or the termination of the project; (ii) dissolution of the Association except pursuant to a consolidation or merger; and (iii) conveyance of all common areas. (d) If the Veterans Administration has guaranteed any loans secured by a Lot, so long as there is a Class B Member all Material Amendments and Extraordinary Actions must have the approval of the Veterans Administration. Section 5. Amendment. Amendments other than Material Amendments or Extraordinary Actions shall be approved by at least sixty-seven percent (67%) of the votes entitled to be cast by all Members present and voting, in person or by proxy, at any duly called and convened meeting, or in writing by Members entitled to cast at least sixty-seven ►0;1 d C. rl tV t-0 percent (67%) of the total authorized votes of all Members. Any amendment must be properly executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Section 6. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration for any reason prior to the first conveyance of a Lot to an Owner other than the Declarant and thereafter may make any amendment required by any of the Federal Agencies or by the County, as a condition of the approval of this Declaration, by the execution and recordation of such amendment following notice to all Members. Section 7. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the property, hereby expressly reserves unto itself (so long as these restrictions are in effect), the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia; provided, however, that no such waiver or alteration shall be permitted which would impair the ability of the Association to adequately perform all of its Powers and Duties as set forth in this Declaration. Section 8. Annexation of Additional Property. The Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Area within such areas, and so may add to its membership under the provisions of the, Article entitled "Membership" herein, with the written consent of more than fifty percent (50%) of each class of Members. Provided, however, that within seven (7) years after the recordation of this Declaration or within five (5) years after the most recent recordation of an annexation document, whichever is later, no such consent is required for the annexation by the Declarant of all or any part of the real property adjacent or contiguous to the property, or separated from it only by a public street, including that property identified as Frederick County Tax Map No. 55-((A))-206. Section 9. Withdrawlable Real Estate. (a) The Declarant shall have the unilateral right, without the consent of the Class A Members or any Mortgagee, to execute and record an amendment to this Declaration withdrawing any portion of the Property on which Dwelling Units have not been constructed; provided, however, that not more than five (5) years have lapsed since the date of the recordation of this Declaration. This paragraph shall not apply to any 29 as the date of the recordation of this Declaration. This paragraph shall not apply to any section of the Property for which any Zoning Permit has been issued by the County. (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public street purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed. Section 10. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts on behalf of the Association for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts, with or without cause, upon thirty (30) days' written notice to the other party and without payment of a termination fee. Section 11. Dissolution. Subject to Article XI, Section 12, The Association may be dissolved with the assent given in writing and signed by at least two-thirds (2/3) of each class of Members and in accordance with Article 13 of the Act. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Virginia law. Any such dedication or transfer of the Common Area shall not be in conflict with then -governing zoning ordinances or the designation of the Common Area as "open space." Section 12. County Approval. Some provisions are contained within this Declaration to comply with the conditions of subdivision approval applicable to the Property. No Supplementary Declaration or amendment shall impair the right and authority of the County to require compliance with the subdivision approval conditions applicable to the Property without the prior written approval of the County. In addition, the Association shall not be dissolved nor the Declaration terminated, except pursuant to a consolidation or merger with an entity formed for similar purposes, without the prior written approval of the County. WITNESS the following signatur QR a' IUn �7 AM RICHMOND AMERICAN HOMES OF VIRGINIA, INC. By: (SEAL) Marf D. Trostle Vice President of Land Development 0 U-In .(SEAL) Denver E. Quinnelly, esid nt COMMONWEALTH OF, VIRGINIA, CTTYf E6Hi�� OF , to -wit: The foregoing instrument was acknowledged before me this day of 2003 by Denver E. Quinnelly, as Manager of QR Development, L.C., on behalf of the limited liability co any. My commission % Ire" � i',i_1,COMMONWEALTH OF VIRGINIA, y ' .,i/COUNTY OF rA,�AX , to -wit: -714 T ` CO " The foregoing instrument was acknowledged before me this day of c� o M r ,g„�;rt , 200, _by Mark D. Trostle, Vice President of Land Development ` ofAICHMOND AMERICAN HOMES OF VIRGINIA, INC, o alf of the corporation. RCoV No Public My commission expires: COMMONWEALTH OIV VIRGINIA, CITY/C-OblffY OF J , to -wit: � The foregoing instrument was acknowledged before me this �C/ day of JPf*tC4 , 20033, by Denver E. Quinnelly, as President of LYNNEHAVEN Homeowners Association, Inc., on behalf of the corporate ;otar*ybljL%l My commission expires: __3 0, 00 11306 QIt De./A.Wedwa&m of C66wnts, Ce"tions and Restr ctioac of Lyie6svea wpd VIRGINIA, FREDERICK COUNTy, SC I; This instrument of writer ''� ;'' P���v E 4 ; r .. g � Pad to me on ry '. 31 = V, :end with certificate of admomedgement theret annexed ..vas admitted to record. Tax imposed by Sec 58.1-802 of and 58.1-801 have been paid, if assessable A$� GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Lynnehaven - Section 3 - Phase 2 Final Subdivision Plats File No: 2185RA Date: January 22, 2010 To: Frederick County Planning Department 107 N. Kent Street Wicnhester, VA 22601 Attn: Mark R. Cheran Copied From: Richard A. Edens, LS GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Delivery: r— Fed Ex r] U.S. Mail [j Courier F-1 Pick Up r_j Other r-j Urgent r j For Your Review r] As You Requested ❑ Please Comment Message Mark, Please find attached 4 sealed sets of the final plats for the above -referenced project with owner and agency signatures, for your approval. These plats were previously reviewed by your office on or about January 20, 2010 and your only comment at that time was to add a note regarding the active portion of the road efficiency buffer affecting lots 137, 140, 142 & 143. Language addressing that issue has been added to note #4 on sheet 2 of the plats and confirms that no buildings are permitted within those areas. Also attached are the draft of deed of dedication and the fee check in the amount of $5,600. Please forward the deed of dedication for county attorney review at your earliest convenience and let me know if you have any questions or comments regarding this submittal. It is my understanding that the developer is currently proceeding with posting of the performance bond in the approved amount and that proof of same will be provided to you as soon as available. As mentioned previously, our client is hoping to close on these lots at the end of this month, so any help you can provide in expediting this matter will be greatly appreciated. Thanks, Rich Hand Delivery and Pick Ups Only: r_ Received by: Please Print Name: Date: Time: MCKEE & BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540) 722-3787 E-Mail: lawbmb@shentel. net PETER K. McKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G. BUTLER April 16, 2003 Patrick Davenport, CZA County of Frederick 107 N. Kent Street Winchester, VA 22601-5000 RE: LYNNEHAVEN SUBDIVISION SECTION 1 Dear Patrick: J. SLOAN KUYKENDALL (1906-1995) J. SLOAN KUYKENDALL, III EDWIN B. YOST I am enclosing herewith the final plats of Lynnehaven Subdivision, Section 1, which were put to record on April 15, 2003 under Land Document No. 03-0007982. Please let me know if you need a copy of the Deed of Dedication which was recorded with the same. Very truly yours, MCKEE & BUTLER Be jamin M. Butler BMB:vg / Enc: Final Plats - Lynnehaven Subdivision, Section 1 ------- J_ r 1 2003 C) VICINITY MAP CID 1' = 20}00' 11 b C{` } : ,, r & l •:�'c".f�� `a. , A . :.: .t ..» J i • i'"'a'4 APPROVALS AREA TABULATION: Frederick Co. Sanitation Authority Date NUMBER OF LOTS = 24 / W 0�/� AREA IN LOTS = 7.8964 ACRES AREA IN R/W = 4.6431 ACRES Frederick Co. Subdivision Administrator Date AREA IN OPEN SPACE = 9.1963 ACRES l Va. Dept. of Transportation Date TOTAL AREA = 21.7358 ACRES OWNER'S CERTIFICATE. - THE SUBDIVISION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. AAID /N ACCORDANCE WITH THE DESIRE Acknowledged before e Y✓ this � day of 2003 L EH9 My Commission Expires: 0 S PERS, LLC DATE BY. C�'. Q DEVELOP T, -LLrC otay SURVEYOR'S CERTIFICATE.• I HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS SUBDIVISION IS. 1. A PORTION OF THE LAND CONVEYED TO LYNNEHAVEN, L.C. BY DEED DATED JUNE 23, 1995, AND ALL OF THE LAND CONVEYED TO LYNNEHAVEN, L.C. BY DEEDS DATED JUNE 23, 1995 AND JUNE 23, 1995, RECORDED /N THE OFFICE OF THE CLERK OF THE FREDERICK COUNTY CIRCUIT COURT IN DEED BOOK 843 AT PAGE 415, DEED BOOK 843 AT PAGE 418, AND DEED BOOK 843 AT PAGE 424 RESPECTIVELY; 2. A PORTION OF THE LAND CONVEYED TO MANNING & ROSS DEVELOPERS, LLC (FORMERLY MANNING & ROSS, LLC) BY DEEDS DATED OCTOBER 1, 1999 AND NOVEMBER 28, 2001 AND RECORDED IN SAID CLERK'S OFFICE IN DEED BOOK 948 AT PAGE 1760 AND AS INSTRUMENT #010016381. J. ALL OF THE LAND CONVEYED TO DEVELOPMENT, LLC BY DEED DATED OCTOBER 1, 2002 AND RECORDED IN SA LERK'\ OFFICE AS INSTRUMENT 102001680. MARK D. SMITH, L.S. PARENT TAX PARCEL IDENTIFICATION SEE SHEET 2 FOR PARENT TAX PARCEL IDENTIFICATION DATA FINAL SUBDIVISION PLAT L YNNEHA VEN OP SECTION ONE �. RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRGINIA MARK D. SMITH No.022837 `sIONAL SCALE: N/A DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 2035 SHEET 1 OF 13 Founded in. 1971 www.greenwayeng.com PARENT TAX PARCEL IDENTIFICATION PARCEL ,# ZONE/USE ORIGINAL AREA ADJUSTED AREA TM: 65—((A))-30 RA / VAC 0.90 ACRES 0 ACRES TM: 65—((A))-31 RA / VAC 0.28 ACRES 0 ACRES TM. 65—((A))-32 RA / RES 0.57 ACRES 0 ACRES TM. 65—((A))-33 RA / RES 0.39 ACRES 0 ACRES TM. 55—((A))-39 RP / VAC 101.22 ACRES 10 1. 05 ACRES TM: 55—((A))-39A RP / VAC 16.59 ACRES 16. 13 ACRES TM: 55—((A))-206 RP / VAC 90.21 ACRES 70.70 ACRES NOTES: 1. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASMENT ALONG ALL RIGHT OF WAY LINES, AND A 10' DRAINAGE AND UTILITY EASEMENT ALONG ALL PROPERTY LINES. 2. SETBACKS UNLESS OTHERWISE NOTED ARE.- FRONT = 35' SIDE = 10' REAR = 25' J. ALL LOTS ARE SINGLE FAMILY DETATCHED—URBAN MIN. LOT WIDTH AT SETBACK = 70' MIN. LOT WIDTH AT R/W = 40, MIN. LOT SIZE = 12, 000 SQ. FT. LEGEND: BRL = BUILDING RESTRICTION LINE 0 = IRON REBAR SET • = POINT PROFFERS: 1. A MONETARY CONTRIBUTION OF $J,278.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT -- FREDERICK COUNTY VIRGINIA SCALE: N/A DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 :e7 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in. 1971 www.greenwayeng.com MARK D. SMITH No.022837 k'�-101'VAL 2185R SHEET 2A OF 13 KEY MAP r-J�S I TM: 55—((A))-206' L YNNEHAVEN, L. C. i' RESIDUE LOT REMAINING ACREAGE.70.70 AC. ZONE. • RP i USE VACANT I l VI I J'j jug I --------� (Z JZrr ; I SHEET 13 _ FARMINGTON BOULEVARD N EN tE AD 661 --' OUTLOT „B" S U SHEET 12 FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1" = 200' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors 'TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com OF MARK D. SMITH No.022837 64 ONAL 2185R SHEET 2 OF 13 CURVE RADIU: ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C12 43.00' 60.05' 55.29 S 88'43 32" E 8001 '10" C 13 43.00 75.03 65.87 S 01' 16 28 W 99 58 50" C 14 43 00 60.05 55.29 S 88!4J'320 E 80,01 10 C 18 150.00 185.38 173.81 S 86'40 13 W 70'48 40 C23 175.00 42.19 42.09 N 58' 10 17 E 13'48 49 1 1 N 51'15'53" E 23.93' 38'44'07 50 00 24. J^ TM: 55-((A))-206 LYNNEHAVEN, L.C. EASEMENTS D8. 843; PG. 415 SHEET 1, FUTURE ZONE.- RP 15' SANITARY LYNNEHAVEN OR. USE. VACANT SEWER EASEMENT DRAINAGE 187.19-�* EASEMENT �-C� \ \ � � 295 0`2..a.= CA M'NGT( AF eK :sue/ 7.5' 31 IN Imo` i N rn� Nv V /20.7 i 17 ' 48-42'57�--`�_.-- �376• 03' 25 EASENT 0 �. rBR� � WI LOT 1 0l LOT 2 I o N I- �i ° 1 12551 SQ. FT. ^ I 13982 SO. FT. I ^ o I h Im ml zI I L 25' BRL -- J I L— 25_BRL J 110.82' 86.0_7' N 38'44 07 W 196.89' J 0 � j� LOT 3,�ti/�� Ito 13857 SQ. FT. ryh/ �'. /y`1% L_.-�Q=BRL.--.� I/AA/A, N 3844'07" W _ 14—r 10BRL m LOT 4 ml o 13062 SO. FT. 10 1 � OUTLOT "A" SEE SHEET 11 50 0 50 lyrg s9 LOT 5 GRAPHIC SCALE SEE SHEET 4 (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA SCALE: 1" = 50' T DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22802 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeag.com ey MARK D. SMITH No.022837 14L tl SHEET 3 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 18 150.00 185.38' 173.81 S 86'40 13 W 70'48 40 C24 175.00 66.02 65.63' N 75'53'11 w E 21'36 58 75.0065.97 8 S 82'30 25 E 21'35 52C25 C26 175.00 42.10 42.00 S 64'48 58" E 13'47'02 O .:-- co -+J SEE SHEET 7Z/00, ` • 8sr• SE` if c 18 C� ' 25' 20.7' 50'- .R/W LJ 20.7' W �Ci Q� SANITARY SEWER �- W /i�, �O' 0 I EASEMENT R4 Z \ /�� LOT 7�35 B -� W If.V.%V 13111 SO. FT. l l -3N`=' a, vy 20' DRAINAGE b/ o� CU .4 I LOT 5 / EASEMENT / � LOT 6 1I n .c\ o vi 13629 SO. FF �?s• l'� 13639 SQ. FT. °pI <r I°0 \ .0)'RL " W N 82�39 02" 5 �5 26.6', 121.64' w 1 OUTLOT "A" SEE SHEET 10 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT. L YNNEHA VEN SECTION ONE RED BUD DISTRICT FREDERICK COUNTY. VIRGINIA SCALE: 1" = 50' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 ounded in 1971 www.greenwayeng.com MARK D. SMITH No.022837 `�IONAL SHEET 4' OF 1 CURVE RAD/US ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C32 25.00' 32.95' 30.62 N 84' 1853 E 75'3121 C31 55.00 75.96 70.07 N 86'07'12" E 79*0759 C30 55.00 46.63 45.25 S 30'0126 E 4834 46 ?/ 4 LOT 11 12975 SO. FT. h _ _N 35'41 ' 12" E _ 140. 0 �.. .\ 1 C'� \� LOT 10 w\ \� 12952 SO. Fr �v v 03 SANITARY SEWER] "A" 4:� OUTLOT LOT 9 �! SEE SHEET 10 \ v, 14576 SO, FT. "' I v ao .ao N V 70 10_ARL I `fl N 32*04'33" E „_ ._... \� LOT 8 N 12627 SO. FT. I `N \� E I EASWMENT I 50 0 50: GRAPHIC SCALE (IN FEET) I I S 32.04 33" W 'r},; ++ "• -- 0.0 r LOT 7 SEE SHEET 4 FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT y FREDERICK COUNTY VIR( SCALE: 1" = 50' T DATE: NOVEMBER 26, GREENWAY ENGINEEF 151 WWY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 1 I � I I 9.9' j i V� b I • i 3 1 � N 1 ,♦ � N U-) I � I 0 I I poi � I R51' 2 I I I , - '— - YNIA MARK D. SMITH 2002 No.022837 ING `SIOX 2185R SHEET 5 - OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C29 55.00 46.63 45.25' S f8'33 200 W 48'34 46 C28 55.00 46.63 45.25 S 67'08 06 W 48'34 46 C27 55.00 29.42 29.07 N 73' 14 59 W 30'3905 SEE SHEET 9 LOT 24 S 57'55 27E 145.6� —� �,��• 25 BR4 1 1. \\ LOT 14 m1 0 \ ♦ \ 19051 SO. FT. bl o ►. 1 TM: 55-i(A)%-20 f N 35 ORRICK CEMETERY CO. INC. DB: 337, PG: 179 ZONE. RP m \ N 5T55'2' "'W USE.- VACANT I h LOT 13 X?s.21 15511 SO. FT. \ A 5' DO 7�•' ��i �•�� ;r, ss•�� DART C ho,L. _.W'.aRL_.H J fo' ` o USE50 R' _ _S 47'09 17E _ \ _ 13-r f 0 cn R \ �rj r fOrBRL ✓� ` 20' X7ARY \? 10' GAS PIPEUNE/� ! SEWER EASEMENT \ � EASEMENT A LOT 12 t" �N 'N 17157 SO. FT. / 1 i � � W 50 0 50 1� OUTLOT 'A" SEE SHEET 10 \ GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN T �� SECTION ONE RED BUD DISTRICT FREDERICK COUNTY VIRGINIA MARK D. S SCALE: 1" = 50' DATE: NOVEMBER 26, 2002 No.002009 GREENWAY ENGINEERING 1 151 WINDY HELL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayang.com 2186R SHEET 6' OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 18 150.00 185.38, 173.81 S 86'40 13 W 70'48 40 C 19 125.00 154.49 144.84 S 86'40 13" W 1 70'48 40 8 SEE SHEET 6 LOT 14 10' GAS PIPELINE EASEMENT a N 32*04'33" E g� r • — I�, N ( 25' � jm i L.— LOT 15 �I o 13624 SO. FT. N• II -- 10_BRL 170 31T •--•— f0 BRL .--._� N �� I �o LOT 16 ml o � p � 13624 SO. FT. I � � L_._ I _.__.J 31 310_BRL S 2'04'33" W _ _ 170.31'r N I •--�— �0'—BRL �--•—� h fo 06 19 LOT 17 mj V �1 fop I 13708 SO. FT. N I 2. S 32'04'33" W N 167 RL - —7 1 17.5 I Q " 0� N O T w LQ LOT 22 LOT 21 W 1 m oA LOT 20 LOT 18 \ m 16987 SO. FT.tz v L_ LJ LOT 19 LU 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT -- FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: 1" = 60' 1 DATE: NOVEMBER 26, 2002 No.002009 GREENWAYYENGINEERING HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185R SHEET 7- OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C15 43.00' 75.03' 65.87 S 01'1628" W 99'58'50 C 16 43. 000 60.05' 55.29 S 88'43'32" E 80'01 10" C 17 43. 000 75.03 65.87 S 01' 16 28 W 99'58 50 C 12 43.00 60.05 55.29 S 88'43 32 E 80'01 10 C13 43.00 75.03 65.87 S O1'16 28 W 99'5850 N 51'1553" E 23.93' ' LOT 22 !Ej SEE SHEET 981010' GAS PIPELINE i S 38'44'07" ?5�DERAM/ENNAE EASEMENT I ( 50.00' N 41'17'03" E — — 16Z 12' — — � m FUTURE NESCLIFFE CT. 3 ( ZI o LOT 21 N o 12851 SO. FT. ►� U) �! A "N —_ 10_BRL —J: hzj Z N 41' 17'03" EI 15' SANITARY N SEWER EASEMENT — — 154.15' W o lOT BRL 20.9' 3 _ LOT 20 m• of It f2o 18 sQ. Fr. f Cl. ^ o N I �� TM. 55—((A))-206 LYNNEHAVEN L.C. p tlrn I DB. 843; PG. 415 o? L _ , — f 0' BILL , — — • J N ZONE.* RP ap i N 41 ' 17'03" E 2 . USE. VACANT r- � 3 J !0' BRL '--•� ,C I \ \ gI NI LOT 19 N 15245 so, FT. "' 25' k I \ 15' WATERLINE •\ \EASEMENT 2 35' BRL 109. 6. 5.8' 15.2' 45.8' SE�4f-'' COUR 25' �1 , r . SO w—T9.8 5 _ S 51'1553" �1w _248.67• N 51' 15'53" E 23.93' a ~` 50 0 50 --_� BiQl .00 �o GRAPHIC SCALE �. h (IN FEET) SEE SHEET 1 1 UTURE / LYNNEHAVEN DR. FINAL SUBDIVISION PLAT L YNNEHA VEN T oF� SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: 1" = 50' DATE: NOVEMBER 26, 2002 No.002009 GREENWAY ENGINEERING ` r 151 WINDY HILL LANE �� 1 I' Z t�'v2' Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185R SHEET 8 ' OF 13 CURVE RAD/US I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 16 43.00 60.05 j 55.29 S 88.43 32 N E 80.01 10 C17 43.00 75.03 65.87 S 01.16 28 W 99.58 50 TM. 55—((A))-201 ORRICK CEMETERY CO. INC. ZONE. RP .� USE. VACANT OB: 337, PG: 179 • 1 1 � LOT J" 18411 SO r �I 2:E:;: ET.GES M A 15' WATER� p, LINE EASEMENT T... -. ;•;•:: � :':: In LOT 23 " 14926 SO. FT. I . 10 BR N �/V E- 180. to Qk .59 m 2 N I�: LOT 22 13889 SO. FT. W h' W O S 4 �-- 1 17'p .� � --� --25' DRAINAGE 3 EASEMENT 10, GAS P/PEL/NE , IV Q gt' - IRF X•}f: TEMP. '• : X: 25 STORM J ^ �• X:X . MANAGEMENT O X •;r:;; EASEMENT .X•X 15' SANITARY N. 51' 15'53 CAI.- _ ^ I ' I ,h p - FUTURE/ i LOT 21 8 ti � NESCL/FFE C O T. SEE SHEET' 8 I �� ' �I � I= o .,7M. 55—((A))-206 i j LYNNEHAVEN, L.C. DB: 843, PG. 415 _�_ � ' �� .' _ •�••�. �I; � ZONE. RP I N i i USE. VACANT 50 0 50 GRAPHIC SCALE I ��15' SANITARY (IN FEET) SEWER EASEMENT FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: 1" = 50' 1 DATE: NOVEMBER 26, 2002 No.002009 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors 'TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185R SHEET 9' OF 13 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C3 f 000.00 284.37' 283.42 S 56'58 01 W 16' 17 36 C6 920.00' 262.01 ' 261.12 S 5657 18 W 16' 19 02 C8 43.00' 67.54' 60.81 S 03'4747" W 90,00'00 C 11 475.00 62.28 62.23 S 44'5735 E 07'30 44 TM: 65B—((9)), PARKW00D MANOR, (DB 625, PG 780), ZONE RP, USE: RES 65—((A))-27A LARRY W. BURACKER OTM: (DB 912, PG 433) ZONE. RP, USE. RES (DB O805,6PG(1285) ZONE.BRPT USE.•YRES 65—((A))-254 SKIP BAKER (DB OTM. 771, PG 436) ZONE. RP, USE. RES GRAPHIC SCALE (IN FEET) L9 _ 65—((A))-25 GARY R BAKER etuz OTM: (DB 430, PG 303) ZONE .• RP, USE RES 65—((A))-24 SHARLEY E. MORRIS OTM: (DB 364, PG 112) ZONE • RP, USE RES 65—((A))-23 RUSSELL W. MORELAND, OTM: etux. (DB 344, PG 311) ZONE. RP, USE. RES 55—((A))-201 ORRICK CEMETERY CO. INC. OTM: (DB 337, PG 179) ZONE. RP, USE. RES ROAD EFFICIENCY GI /Crl['0 ruwclt UU. CJM/.* NO SPECIFIED WIDTH DB 255 PG 352 LINE BEARING DISTANCE L 1 S 63'03 11 E 1OZ07 L2 S 82'39*02-" E 121.64 L3 N 7546'37 E 121.64 L4 N 56' 1550 E 106.62 L5 N 81'52 48 E 92.96 L6 N 51'1703 E 153.40 L7 S 48'42 57 E 155.08 LINE BEARING DISTANCE L8 S 41.12' 13 E 140.26 L9 S 48'47 47 W 20 1. 01 L IO S 48'49 13 W 213.78 L l l S 8 1'2553 W 49.70 L 15 N 54'35 44 W 33.40 L 17 N 56'45 52 W 97.01 FINAL SUBDIVISION PLAT. L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA SCALE: 1" = 200' DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE 10 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 FAX: (540) 722-9528 Founded in 197'1 www.greenwayang.com TRIMMING RIGHTS DB 255 PG 352 k' A MARK D. SMITH No.002009 cl 2185R 13 LINE BEARING DISTANCE L28 S 41'12'13 E 56.37 L29 S 41'12'13' E 23.70' L30 S 48'47 47 W 50.01 ' L31 S 48'50 14 W 19Z44 C:D �n CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C4 960.00 273.40 272.47 S 56'57 18 W 16' 19 02 C5 1000.00 284.79 28383 S 5657 18 W 16'19 02 C6 920.00 26201 261.12 S 5657 18 W 16' 19 02 C7 43 00 6Z54 60.81 N 86'12 13 W 90'00 00 C8 4300 202.63 60.81 N 03'47 47 E 270'00 00" C9 500.00 65.54 65.50 S 445732 E 0T30'39" CIO 525.00 68.83 68.79 S 44'57 35 E 0730 44 C 11 475.00 62.28 62.23 S 44'57 35 E 07'30 44 C31 4317 63 02 57.57 S 84'33 33 E 83'38 19 C32 43.81 66.16 60.05 N 04'30 41 E 1 86.31 04 I MATCHUNE SHEET 12 SANITARY SEWER EASEMENT SEE SHEET 13 � ssss F EASEMENT DATA CONSERVATION _ EASEMENT 44j) LINE BEARING DISTANCE L32 S 41'12 13 E 11.25 L33 S 4847 47 W 5.98 L34 S 03'47 47 W 43.39 L35 S 4847 47 W 6.33 L36 S 484747v W 15.00 L37 N 41'12 13 W 366 L38 N 86' 12 13 W 38.65 L39 S 48'48 OZ W 100.94 L40 S 51'57 40 W 203 46 I LOT 1 ! 10' GAS PIPE! 48'25" W OUTLOT "A" SEE SHEET 10 t ORIGINAL BOUNDARY LINE 1 Y HEREBY VACATED 80' ROAD 21,7' EFFICIENCY BUFFER ,( .A 201.01 ' ' �' N 48'4747" E 269 80 RAW _ 398.84 20.' Z-.DC5 i S 48'49'49" W 554.59' 5' WATERLINE EASEMENT A=219.33' R=1000.00' ORIGINAL BOUNDARY LINE TW. 65-((A))-39A HEREBY VAC47ED MANNING & ROSS, L.L.C. 100 0 100 DB. 948, PG. 1760 ZONE. RP USE. RES. GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT - FREDERICK COUNTY O1' SCALE: 1" = 100' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 862-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com TM 65-((A))-39 MANNING & ROSS DEVELOPERS, LLC INST. 1010016381 ZONE., RP USE. RES. MARK D. SMITH No.002009 2185R 0 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CI 960. 00 273.00' 272. 08 N 56'58 01 " E If 17 36 C2 920.00 261.62' 260.74 N 56'58 01 N E 16' 17 36 C3 1000.00' 284.37 283 42' N 56.58 01 IN E If 17'36 C4 960.00' 273.40 272.47 S 56'57 18" W 16' 19 02 C5 1000.00 284.79 283.83 S 5657 18 W 16' 19 02 C6 1 920.00 262. 0 11 261.12 S 5657 18 W 16.19 02 LINE BEARING DISTANCE L 11 N 8125'53 E 49. 70 L 12 S 10' 18 41 E 61.93' L 13 N 65'54 20 W 55.38 L 14 N 65'54 20 N W 102.56 L 15 I N 54'35 44 W 1694 L16 N 54 35 44 W 33.40 1 OUTLOT "A" - , SEE SHEET 10 R� EFFICIENCY / WETLANDS FN FND ST CONSERVATION / EASEMENT ' 1 66:=47" NW 26 ' 11RF 35' IRF C w.r-- cn J � Al A-65.45' R-1000.00' 5 rM: 65-((A))-39A /MANNING & ROSS, L.L.C. i G`�' DB. 948; PG. 1760 4 p �� ZONE: RP, USE. VAC. 5IRF" TM: 65B-((9)) hb PARKWOOD MANOR � TM: 65-((A))-34 �� �7i DB: 625, PG: 780 STEPHEN D. PARSONS ZONE • RP, USE RES 3 + 4jJ � � + D8. 930; PG: 1000 •— _ ZONE • RR USE RES. 0 1 c7 2 OUTLOT T" 0.4614 ACRES ��� •5. (ROAD EFFICIENCY Nry WATER BUFFER) 1 i LINE i EASEMENT L 15 30' 36" W.OAK 33.30' FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT -- FREDERICK COUNTY VIRGINIA SCALE: 1" = 100' 1 DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 04NEW R 4D VA ROUTE 657 VARIABLE R/W MARK D. S NTH No.002009 SU5 � " 2185R SHEET 12 OF 13 CURVE R4DIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE - - C9 500.00' 65.56' 65.5 1' N 44'5735" W 07'JO'44- 909nAl RA AZ OR 70 C ww•97 ZgC /1T TA ww 0 WON _ 223.26' N --•f w FARM_150 RIW 12.76' ��- 3 ' 78.6� C 11 14074 295 .0� 48 - '42'57" 10' GAS PIPELINE —EASEMENT 21.9' 9 WM o 0 7,-155,uo .3 I N 48'4825" E ' i STORM WATER, ' ��.•': MANAGEMENT & DRAINAGE. '83.89 •, EASEMENT: •; •'. ; •'. ; lu �•': •'•'.': •'•':: •' to OUTLOT "A" SEE SHEET 10 N. WETLANDS CONSERVA77ON EMENSEEESHEEn 11 & 12 v 50 FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION ONE RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 26, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded tin, 1971 www.greenwayeng.com ? �* Xv ` \\ .4)yC5 / STORM WATER MANAGEMENT & DRAINAGE EASEMENT CIL 20' SANITARY SEWER EASEMENT N 56' 12'21 " E 483.57' LINE BEARIN DISTANCE L 18 S 8 1'0 02" W 55.77 L 19 S 52'5 43 W 80.00 L20 N 3T0 17 W 70.00 L21 S 75' 1 02 W 60.97' L22 S 423 54 W 20.17 L23 N 63'4 35 W 75.52 L24 N 08'0 54 W 54.23 L25 N 864 26 E 74.01 L26 S 45'38 00 E 62.67' L27 S 13'55 16" E 93.02 50 C SCALE FEET) M RK D. SMITH No.002009 ��v Y 2185R I SHEET 13 OF 13 4t KUYKENDALL, JOHNSTON McKEE & BUTLER, P.L. C. 112 SOUTH CAMERON STREET P.O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540)722-3787 E-Mail: bmblawCt6adelphia.net MAY 13 2004 PLRPdNNG &lCKDECC � li'AAENT I PETER K. McKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G. BUTLER May 11, 2004 Mark Trostle, Richmond American Homes 3701 Pender Drive, Suite 200 Fairfax, VA 22030 Patrick Davenport, Frederick Subdivision Administrator 107 North Kent Street Winchester, VA 22601 Denver E. Quinnelly, QR Development 36 Ricketts Drive Winchester, VA 22601 In Re: Deed of Dedication of Sidewalk Easement Gentlemen: J. SLOAN KUYKENDALL (1936-1995 ) J. SLOAN KUYKENDALL, III EDWIN B. YOST Attached is a copy of the recorded Deed of Dedication of Sidewalk Easement affecting Lots 1, 2, 19 through 24, inclusive, Lynnehaven Subdivision, Section One, which has been recorded in the Clerk's Office of the Circuit Court of Frederick County. Very truly yours, McKEE & BXUTLER,C Benjamin M BMB/bab Enclosure 040008372 co DEED OF DEDICATION OF SIDEWALK EASEMENT THIS DEED OF DEDICATION OF SIDEWALK EASEMENT made and dated as of the 11 th day of December, 2003, by and between LYNNEHAVEN, L.C., a Virginia limited liability company and RICHMOND AMERICAN HOMES OF r Q' VIRGINIA, INC., a Virginia corporation, parties of the first part, hereinafter called the r n(� Grantor (even though more than one), and the COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby dedicate and set over to the V1 Grantee an easement for a public sidewalk, being 2.5 feet in width and which easement is over and upon Lot 1, 2, 19 thru 24, inclusive, of Lynnehaven, Section One, as shown on that certain plat of survey drawn by Richard A. Edens, Land Surveyor, dated December 8, 2003 attached hereto and by this reference made a part hereof as if set out in full; AND BEING a portion of the land known and designated as Lynnehaven, Section One, as the same appears of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 03-0007982; and further being the same property owned by each of the Grantors as indicated on the attached plat of survey of said sidewalk easement. WITNESS the following signatures and seals. LYNNEHAVEN, L.C. BY (SEAL) John S Cully, IV, Member/Manag B' Scott EAL) Page 1 of 2 RICHMOND AMERICAN HOMES OF VIRGINIA, INC. BY (SEAL) Mark Trostle, Vice President, Land Development STATE OF VIRGINIA CITY OF WINCHESTER, TO, -WIT I, Z�C/ , a Notary Public in and for the State and jurifiction aforesai do hereby certify that John S. Scully, IV, Member/Manager and Scott Bridgeforth, Member/Manager of Lynnehaven, L.C., whose names are signed to the foregoing DEED dated the 11 ch day of December, 2003 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this j day of , 2003. My Commission expires n e 3 U o?DO .ar STATE OF VIRGINIA CITY OF FAIRFAX, TO -WIT 'rerl3t+S Y4,,, I, k,?u S a r) L - 6�i , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Mark Trostle, Vice President, Land Development for Richmond American Homes of Virginia, Inc., whose name is signed to the foregoing DEED dated the 1I'h day of December, 2003 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 67121day of , 2003. My Commission expires qh. 2-Q. O ARY PUBLIC Page 2 of 2 C) CURVE DATA CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 43.00' 60.05' 55.29' S 88'4332" E 1 80'01'10" O� O A �9 v �'2 — ARC = 14.73� G� ff, .` EASEMENT LINE DA TA LINE I BEARING DISTANCE E1 I N 48'4257" W 177.88' FARMING-fo BOUo I►" 5 '42857" E S48 �,.; = 76.48' LOT 2 13982 SO. FT. 110.82' CA N 38'44'07" W LOT 3 DOT —SHADED AREA DENOTES A 2.5' PUBLIC SIDEWALK EASEMENT OVER LOTS 1 & 2 HEREBY DEDICATED. 87.39. 0 �h LOT 1 12551 SQ. FT. 86.07' a 2.54' 50 0 50 GRAPHIC SCALE NOTES (IN FEET) THE BOUNDARY INFORMA770M SHOWN HEREON IS BASED ON AVAILABLE RECORDS AND IS NOT PURPOR7FD TO BE A CURRENT BOUNDARY SURVEY OF THE LOTS OR ANY PORTION OF THE BOUNDARY LINES NO 777LE REPORT FURNISHED. EASEMENTS MA Y EXIST WHICH ARE NOT SHOWN HEREON. PLA T REFERENCE.- SEE RECORD PLA T FOR L YNNEHA VEN — SEC77ON ONE A TTACHED TO DEED OF DEDICA77ON DA7E'D MARCH 25, 2003 OF RECORD AS INSTRUMENT No. 030007982. CURRENT OWNERS OF RECORD. LOT 1 = L YNNEHA VEN, L. C. SEE INSTRUMENT No. 030007982 LOT 2 = RICHMOND AMERICAN HOMES OF VIRGINIA, INC. SEE INSTRUMENT No. 030015326 EASEMENT PLAT SHOWING PUBLIC SIDEWALK EASEMENT OVER LOTS 1, 2, AND 19-24 LYNNEHAVEN . - SECTION ONE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' T DATE: DECEMBER 8, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com OF 1 J RICH. EDENS a No.002550 F2185R SHEET 1 ' i1.-PaliZfrl CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C2 43.00' 75.03' 65.87' S 01' 16'28" W 99'58'50 FASFA/FNT LINF DATA LINE BEARING I DISTANCE E2 I N 48'42'57" W 1 242.15' S 5FI553" SESAR w CO 50• URT DOT —SHADED AREA DENOTES A 2.5' PUBLIC SIDEWALK EASEMENT OVER LOTS 19, 20, & 21 HEREBY DEDICATED. 50 0 50 GRAPHIC SCALE NITS R/W (IN FEET) THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A CURRENT BOUNDARY SURVEY OF THE LOTS OR ANY PORTION OF THE BOUNDARY LINES NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN HEREON. PLAT REFERENCE- SEE RECORD PLAT FOR LYNNEHAVEN — SECTION ONE ATTACHED TO DEED OF DEDICATION DATED MARCH 25, 2003 OF RECORD AS INSTRUMENT No. 0J0007982. CURRENT OWNER OF RECORD. LOTS 19, 20, & 21 = RICHMOND AMERICAN HOMES OF VIRGINIA, INC. SEE INSTRUMENT No. 030015326 EASEMENT PLAT SHOWING PUBLIC SIDEWALK EASEMENT OVER LOTS 1, 2, AND 19-24 LYNNEHAVEN - SECTION ONE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 DATE: DECEMBER 8, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwaveng.com f RICHARD A. EDENS No.002550 l 1zlal�3 � 'wli.D SUI�v�� F2185R SHEET 2 OF 3 EASEMENT LINE DATA UNE BEARING I DISTANCE E3 I N 48'4257" W I 233.84' If CO �HC. " LOT 24 18411 SO. FT. 0 3 �I 04" At 41.17O3" E 193 06' LOT 23 w w 14926 SO. FT.to f. Oo�h ti N 41 »'03" C 80.09E �• � o_ F �0 1 88 SO �T o j O J 16712 S 41'17'O3" W -- LOT 21 2.50' P��9a2 OF �pOp 10- -2.54' N44 DOT -SHADED AREA DENOTES A 2.5' PUBLIC SIDEWALK EASEMENT OVER LOTS 22, 23, & 24 HEREBY DEDICATED. SEE SHEET 2 50 0 50 .NOTES GRAPHIC SCALE (IN FEET) THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A CURRENT BOUNDARY SURVEY OF THE LOTS OR ANY PORTION OF THE BOUNDARY LINES. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN HEREON. PLAT REFERENCE. SEE RECORD PLAT FOR LYNNEHAVEN - SECTION ONE ATTACHED TO DEED OF DEDICATION DATED MARCH 25, 2003 OF RECORD AS INSTRUMENT No. 030007982. CURRENT OWNER OF RECORD: LOTS 22, 23, & 24 = RICHMOND AMERICAN HOMES OF VIRGINIA, INC. SEE INSTRUMENT No. 030015326 EASEMENT PLAT SHOWING PUBLIC SIDEWALK EASEMENT OVER LOTS 1, 21 AND 19-24 LYNNEHAVEN - SECTION ONE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' F DATE: DECEMBER 8, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com � �p#w,�pj,TH OFF r RICHARD A. EDENS y No.002550 F2185R SHEET 3 OF 3 C GJ VIRGINIA. FREDERICK COUNTY, $CT. This intrument of writing was produced to meflan NO and with cdrtificafe of acknowledgement thereto annexed was admitted to record. T imposed by See. 58.1-802 of $ , and 58.1-801 have been paid, if assessable )4�ea Clerk COMMONWEALTH OF VIRGINIA RECEIPT: A4000011c'�7is VA E 11 T FULL! IM;WT M t! p KrOPIDIED.- 0510'1'4 '4� C6 S' T f "' I 1� .9 1N- E E: I ' A 1' 0 F� tiMNEP..'NE" C EX; X LO': '0 C. IT: If-, RANTEE; COUNTY uOr HREDLHILCK VIEGINIA �YN ui V10% ND, ADDPE'jg r PENTAMIN M. BUTI EP V PASES; 5 NAMES: 0 D, PAT, J!"i FEE 'EADERED 19.00 AMOUNT PAID: 19 0 0 7�'LHRK Y ILDURT, n'EDEU1A P. HOSAN z U) 0 11 fN Z% U) I DC-18(1/90) rrle_. q,LL ,.� r��P(S�n r•,,r Jed 6 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, Su1TE 103 POST OFFICE BOX 2740 WiNcHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE:(540)722-4051 June 28, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: JUN 2 9 2006 THOMAS MOORE LAWSON • TLAWSONQLSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of Ben Butler's letter dated June 20, 2006, which was sent by mail and unfortunately not received by this office until a day ago. Attached is another letter from me, which had been drafted before Ben's letter and circulated for review, comment and approval by my clients and others, which was to be a response to Eric Lawrence's letter of June 14, 2006. Unfortunately, it appears that due to the parties' failure to communicate in person, by telephone or by fax that we now have a series of correspondence which are crossing in the mail and that I believe are creating more confusion and less remedy to the problem at hand. Ben Butler's letter of June 20`" touts it encloses a copy of the Easement Agreement, which had been drafted and agreed to between QR Development, L.L.C., Lynnehaven, L.C., and Manning & Ross Developers, LLC. As you know from my conversations and communications some time prior to June 200, you already had a copy of this Agreement in your file. You have a copy of that Agreement because I forwarded it to you via e-mail on June 16, 2006. My understanding was that the County intended to review that draft Agreement and decide whether it was in an acceptable form to the County and/or if the County wanted to be a party to the Agreement. Manning & Ross was willing to sign the Agreement back when it was drafted and it continues with that intention. As I understand it, the only issue remaining is whether the County also wants to be a party and, therefore, the Agreement needs to be amended. I leave that in your hands. Ben Butler's letter further states that there is a Deed of Dedication, which needs to be executed by Manning & Ross to allow a formal dedication of that portion of Channing Drive, which has been completed adjacent to the Arcadia development. In point of fact, that Deed of Dedication has been executed by Manning & Ross. I have previously advised Mr. Butler of Manning & Ross' willingness to dedicate the road for some time and my only comment to the draft Deed of Dedication FRONT RovALADORM: POST OFmce Banc 602, FRONT Raw .N RGMA 22630,T="IONR: (540) 635A415, FAC9RARs: (SW) 630-%21, FiMAv.: sn=u(g yNXcoNNscr cOM FAmmxAOOReea: 10805 KAM STRWr, Sans 200, FARFAx, VnwffaA 22030, TELRRIONR: (703) 352b2615, FAC8DaIX: (703) 352-41", F MAIL: TxoMASO.LAwsoNQvsRmoN.xe;r Mr. Kris Tierney June 28, 2006 Page 2 was my belief that for a Dedication to be complete, it needs to be accepted by the public body and the form document needed to be amended to reflect the acceptance of the dedication by Frederick County and also the approval of the form of the document by the County Attorney. I understand that within the last two days, the Deed of Dedication has been amended to incorporate those two revisions and accordingly, Manning & Ross has executed the Deed of Dedication. Finally, I do believe that everyone is in agreement that with the dedication of the portion of Charming Drive adjacent to the Arcadia development that the QR development Section 3 and the Manning & Ross development Section 4 need to be approved for building permits by Frederick County. I believe this is consistent with the proffers and rezoning that was approved back when Sovereign Village was accepted by the County. I also agree that there will need to be an amended Master Plan prepared by Manning & Ross to address the sections of its property yet to be developed and that the Master Plan will need to specifically spell out the incompletion of Channing Drive, those areas that border Manning & Ross, coordination of the completion of Channing Drive and the portions of the property that border Lynnehaven and/or QR Development, and also provide for the size, shape, and completion date of a community/recreation center. As I point out in the attached letter, there will also need to be some work on the ordinance to address this community/recreation center in advance of the filing of that Master Plan. All in all, and as we have said on numerous occasions, this is a process that will require steps, and I believe we are well on our way to completing those steps. Also, we firmly believe, however, that any finger -pointing is counterproductive and may well lead to the undoing of the cooperation that is being developed. Accordingly, I am strongly suggesting to all those in receipt of this letter that we keep this in mind. Thank you for your continued assistance and cooperation. Should you have any questions, please do not hesitate to give me a call. TML:atd cc: Manning and Ross Builders Benjamin M. Butler, Esquire Eric R. Lawrence, Planning Director Mark Cheran, Zoning and Subdivision Administrator Richard Shickle, Chairman of the Frederick County Board of Supervisors LAWSON AND SILEK, P.L.C. 160 METER DRPYE, SUITE 103 Posy OFFICE Bolt 2740 WiNcHESTER, VA 22604 TELEPHONE:(540)665-0050 FACSIMUM (540) 7224051 June 22, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: THOMAS MOORE LAWSON • TLAWSONALSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of a letter dated June 14(h sent from Eric Lawrence on behalf of the Planning and Development Department of Frederick County, which was a follow up to our meeting of May 3 1 " and my letter of June 2, 2006. To keep everyone in the loop, I am copying all of those copied on the June 14`h letter. Also, I have had the opportunity to share the June 14th letter with my clients. While we are pleased to continue the dialogue concerning the issue surrounding the Sovereign Village development, the proffers associated with Channing Drive, the community center and various requests for Master Plan amendments, I am confused by Eric Lawrence's letter. I understand the County's desire to give specific delineations of the process by which proffered components of Sovereign Village are delivered, but I believe it is clear that the proffers provide for the delivery of those component pieces. Further, while I do not disagree that an amended Master Plan process may be the mechanism for tying up all remaining loose ends to include a specific timetable for the construction of Channing Drive and a community center, I do not think it is appropriate to hold up existing property where proffered improvements have been delivered and, in specific cases, where Channing Drive has been fully constructed. My letter of June 2°d described a process which acknowledged the completion of segments of Channing Drive, which should allow for a connection between Senseny and Valley Mill Roads consistent with the rezoning and proffers to allow for the issuance of building permits. Those permits would be before the property owned by QR Development/Denver Quinnelly, and also by Manning & Ross. To that end, in addition to my letter, I forwarded to you an Easement Agreement, which had been drafted to be executed by all parties in interest to assure a clear path toward the completion of Channing Drive in areas where it is not yet constructed. Fxow Bo%%LAMYM: Poor OmncB Bm 602. FV"ff RDVU VutcvaA 22630,TQauom: (540) 6359415, FAcsmmx: (540) 635A421, E-mAu.: snmuQ Tw ccoNrmcr com FAwAxAouxeas: 1000S MAIN STx=T, Serra 200, FAueFAx, Vutova& 22930, IVLJPBOMx: (793) 352-2615, FAcSEMms: (703) 352-4190, E-MAu.: THOINASOJL vW9M*VEBIZON.Pmr Mr. Kris Tierney June 22, 2006 Page 2 With regard to the Master Plan amendment, this is to confirm that Manning & Ross has previously submitted an amended Master Plan, which provided as one of its components the bonding and construction of the remainder of Channing Drive. As you know, that Master Plan never made it out of Planning because of an ordinance interpretation that required the construction of a multi- million dollar community center. In our last meeting, all agreed, including representatives of Frederick County, that assuming it was even possible to deliver a multi -million dollar community center, that it would not be in the interest of the community and it would not be something that could be maintained by the Homeowners' Association. Accordingly, at our meeting of May 31 St, it was agreed that Manning & Ross would prepare a revised Master Plan to provide for the construction of Charming Drive, provided some agreement or ordinance revision could be reached to allow for a reasonable community center in a size suitable for the Sovereign Village community. I had thought in our meeting of May 3 1 " we had all agreed that the preparation of that Master Plan and the amendment of any relevant ordinance would take an extended period of time and that it would not be proper to hold from development the existing lots, which are ready to go forward due to the recent construction of Charming Drive. From my read of Mr. Lawrence's letter, however, it now appears we did not have an agreement and the County is suggesting that everything within the Sovereign Village development will be held up until such time as the Master Plan and text to that have been submitted, reviewed and approved. Please review your notes of the meeting, as well as the enclosed and referenced correspondence and let me know how Frederick County intends to proceed. I continue to submit that the lots that lay adjacent to the newly completed sections of Channing Drive should be permitted and allowed for development. My clients have authorized me to state in writing that as a second step to this process they will re -submit their amended Master Plan and they will provide for the completion of the remainder of Channing Drive. I had thought we had the commitment of the County to work to create an ordinance that allows, and calls for, the construction of a reasonable community center. Thank you for your continued assistance and cooperation. If, after you have reviewed the enclosed, you would like to meet to discuss these issues further, please give me a call. TML:atd cc: Manning & Ross Builders Benjamin M. Butler, Esquire Eric R. Lawrence, Planning Director Mark Cheran, Zoning and Subdivision Administrator COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX:540/665-6395 une 14, 2006 Ty Lawson, Esquire Lawson and Silek, P.L.C. 160 Exeter Drive, Suite 103 Winchester, Virginia 22603 Benjamin M. Butler, Esquire Kuykendall Johnston McKee & Butler P.L.C. 112 S. Cameron Street Winchester; Virginia 22601 RE: Channing Drive: Lynnhaven and Sovereign Village developments Dear Ty and Ben: Thank you for meeting with Kris Tierney, Mark Cheran, and me on May 31, 2006, to discuss the progression of the Charming Drive developments (Lynnhaven and Sovereign Village). I believe we had a fruitful meeting, and now better understand the various issues from each of our vantage points. The most significant issues appear to relate to the completion of the Charming Drive road improvements and the recreation center. Staff is also prepared to work with each of your development teams to facilitate revisions to your respective master development plans when each is sought. At the conclusion of our meeting, county staff indicated our intent to meet with various County officials to apprise them on the development. In preparation for this meeting, your development teams offered to provide county staff with: (1) a letter summarizing our May 31, 2006 meeting, and offering a commitment to bond the unimproved portions of the Chaiming Drive road impiuvement and die proffered recreation center in conjunction with approval of a. revised MDP; (2) a preliminary Master Development Pign revision; for -Sovereign Village which .would: introduce, a multiplex: housing type;. nand (3) a three -party agreement to address the provision of right-of-way by each party and the construction responsibilities for the remaining portion of the Charming Drive road improvement. As of June 13, 2006, I have not received all of these materials. The County is in receipt of a letter from Mr. Lawson, dated June 2, 2006, which address the commitment to bond outstanding improvements associated with Charming Drive, an element the County understood would be addressed in response to our May 31, 2006 meeting. . : Additionally, I would note that the recreation center is a proffered community amenity and. is not directly associated with a revised MDP as, suggested in this June 2, 2006 letter. While webelieve the recreation center could be enhanced as part 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Ty Lawson, Esquire Benjamin Butler, Esquire Re: Channing Drive June 14, 2006 Page 2 of an open space reduction effort, it's important not to overlook that the recreation center was proffered with the rezoning. Mr. Lawson's letter seeks an amendment to an open space ordinance to correct a `flaw' in the ordinance text. As discussed on May 31, 2006, it is expected that Manning and Ross provide county staff with their revised master development plan. Staff continues to offer to work with the development team, review the revised MDP, and determine the quantity of additional recreation units that would be required, and how such additional recreation units might be incorporated into the proffered reereation centers As of June 12, 2006, the revised MDP has not been provided to County staff. Until the MDP review and subsequent discussion occurs, it is inappropriate to consider an ordinance text amendment as suggested in Mr. Lawson's letter. As discussed, the three -party agreement suggested by the development teams would delineate the process by which the Charming Drive road improvements would be completed. And more importantly, the agreement would acknowledge a working relationship between the developers and their willingness to execute the necessary documents when the road dedication was necessary. As of June 13, 2006, I have not received the three -party agreement. We look forward to receiving the three items as discussed on May 31, 2006. Once in receipt of these materials, we will proceed with the appropriate MDP review and apprise the County officials with the development's efforts to address the road and proffered recreation center construction commitments. We look forward to working with your development teams on this project. Sin rely, E c R. Lawrence Planning Director cc: QR Development - Lynnhaven Manning and Ross Developers — Sovereign Village Kris Tierney, Assistant County Administrator Mark Cheran, Zoning and Subdivision Administrator ERL/bad M LAWSON AND SILEK, F.L.C. 160 ZXU= Darve, Some 103 `,� n-<': U Posy 0MCe Box 2740 WINCM s Z14 VA 22604 FACSB Z.- (540) 7224051 June 2, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Re: Manning and Ross Builders Our File No. 860.001 Dear Kris: This is a follow up to our meeting of May 31, 2006 involving you, Eric Lawrence and Mark Cheran on behalf of Frederick County, David Madison, Greg Bancroft and me on behalf of Manning and Ross, and Ben Butler on behalf of QR, LLC/Denver Quinnelly. During the meeting we discussed the proffers for the Sovereign Village subdivision and what appears to be the last two outstanding issues: the completion of Charming Drive and agreement on the Community Center. As we discussed in the last meeting, it maybe best to consider each of these remaining items separately because the project is complex with multiple property owners and proffers which do not prescribe a specific timetable on the completion of the projects. During the meeting, we confirmed another section of Channing Drive has been completed and is ready to be dedicated. This is the portion that runs from the Arcadia development to the south, into the Sovereign Village development and in the direction of Senseny Road. With the completion of this section of road, there is now a public street connection between Senseny and Valley Mill. We all recognize that road network completion is significant and it provides the connection that was a desire of the developer and the County when the original proffers and rezoning were accepted. During our meeting we also discussed what remains for the completion appears to be the last two segments of Channing, mainly the piece that runs through the Bean property and immediately carmen y un eve op a an a §e—g-m-e-nlof M9 MRruns 9 ou the middle of the commercial properties owned by Manning and Ross and Lynnhaven (John Scully). We talked about those segments of roads and the fact that there remains a significant amount of residential and commercial development value that lies on either side of those segments of Charming Drive and all agreed that under the existing proffers, those two segments of Channing Drive will in fact be completed. As always, the question has been timing for the completion, but we believe with Flnrr AovAl.Asoxm� lost OellCs Blurt i02.F.Olfr RwN. Vaesaaw21410.71osrsoe�s (SN) f3S�lOIS.FAcmmss (S� EiSD/21.latnna ooeaacrooM FAMWAXAMMUMsISM MAW $11tsCr.8l 20%FAYtl Vnwwm21010.T*UMm=(703)30*61E.FACNOM sCAM3i242ftZ4"U4TZ0KM0 Mr. Kris Tierney June 2, 2006 Page 2 the connection that now exists between Senseny and Valley Mill, the pressure to immediately deliver Channing is off. QR and Manning and Ross are asking that the Deed of Dedication of the segment of Channing that has been built be accepted by the County and with that the lots that adjoin be allowed to be developed and built upon. There appears to be quite a bit of history relating to the Community Center. As I understand it, Manning and Ross had proposed a multiplex project on their property and had agreed to construct Charming Drive as part of the orderly development of this new multiplex development. The multiplex proposed would not exceed the total density allowed for the Manning and Ross section of Sovereign Village. It was created to address a perceived demand for a different type of unit. In response to a draft Master Plan that had been submitted to the County in furtherance of this multiplex project, the County amended the ordinance dealing with open space and rec unit requirements. Unfortunately, the text that was submitted had a flaw in it in that triggered a recalculation of the open space requirements for the existing plans (including lots that had been sold to third parties), placing an excessive and disproportionate rec unit requirement on this new multiplex project. At the meeting, Manning and Ross agreed it would be interested in reviving that multiplex master plan and included specifics about the construction of the Community Center, as well as the remainder of Channing Drive. There must be work done, however, on the rec unit requirement to make this possible. I believe work can and should be done, but it will take a considerable amount of time and, in the interim, the dedication for the portion of Channing that has been completed waits. Accordingly, the landowners would recommend that we work with the County to revise the ordinance or come up with some other accommodation with regard to the rec unit calculations, but in the interim that the Deed of Dedication be accepted and the lots that front on the nearly completed Charing Drive be allowed to be developed and built upon. As always, I thank you for your assistance and cooperation. If you have any questions or comments, please do not hesitate to give me a call. Very TML:cmh cc: Manning and Ross Builders Benjamin M. Butler, Esquire VICINITY MAP 1" = 2000' � 0 Cn to :=) cD— m ewJww000 o �. �0 om" cu c Goa O eovenem VL"GE ►ry T' qt O° es� 3 c m GREENW OD Se HEIGHTS n�6nY APPl4 AREA SUMMARY. FREDERICK, CO. S4NITATION AUTHORITY DATE AREA IN LOTS: 4.3097 ACRES • AREA IN R/W.• 1.5407 ACRES AREA IN OPEN SPACE: 1.7829 ACRES D RICK CO. SUB ION ADMINISTRATOR DATE _� L" TOTAL AREA: 7.6333AC��F�S EP . OF TRANSP RTATION �, p,1 TE OWNER'S NER'S CERTIFICA TE.• , `` ,�� � E C. t oy -., � `� JtiR�, . . THE ABOVE AND FOREGOING SUBDI VISIONI - -,*,6 @ 1, 0' • • � THE LANDS L YNNEHAVFa9tl2 ; C• N �•tY ' C QR DEVELOPMENT, LLC AS APPEARS 014--THE Xet'69PAI6f TS, IS lT THE FRE 0 ��ioio� _ AND IN ACCORDANCE WITH THE DESIR€S,OP Clt7y�g S,f�P� D OWNE P OPRI FOR , *A?V%Y co,M�niSSlo TRUSTEES IF ANY. - TIRES - p = o . EXPIRES FOR: LYNNEHAVEN, LC. ; 2, ' c¢R: PME C , , BY.' LTN 3`��.`�Y. '�. �'Fq r pF E �,, ACKNOWLEDGED BEFORE ME THl ACKNOWLEDGED BEFORE E HlS I,a DAY OF t. ! '.. 2001 BY i. `'? DAY OF 200k, BY joil � F 1 . n V%)!lL`✓� l : C_. [� �y `\._:.fL.Jirt.r f %_�L A Cl-C.. F NOTARY PUBLIC NOTARY PUBLIC MY COMMISSION EXPIRES. r - _- r - c� / G MY COMMISSION EXPIRES: SURVEYOR'S CERTIFICATE* I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS (i) A PORTION OF THE LAND CONVEYED TO LYNNEHAVEN, L.C. BY DEED DATED JUNE 23, 1995 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 843 AT PAGE 415 AND QR DEVELOPMENT, L.L.C. BY DEED DATED MARCH 29, 2005 OF RECORD IS SAID CLERK'S OFFICE AS INSTRUMENT No. 050007270, AND (ii) A PORTION OF THE LAND CON EYED TO DEV PMENT, LLC BY DEED DATED MARCH 26, 2004 OF RECORD IN SAID CLE 'S FFICE UM T No. 040005596. MARK D. SMIT , .S. PARENT TAX PARCEL IDENTIFICATION (i) TM. 55—((A))-206 53.2675 ACRES ZONE: RP USE. VACANT ii TM. 55— A —208 4.8914 ACRES ZONE. • RP USE. VACANT FINAL SUBDIVISION PLAT YNNEHA VEN of SECTIL ON THREE - PHASE 1RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA MARK D. I)H5' N9.002009 ( `-1 C0 SCALE. N/A DATE: JANUARY 9, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 l 9� �O Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 2185R SHEET 1 OF 12 FoundeU in 1971 www.greenwayeng.com AREA TABULATION (i) TM. 55—((A))-206 (ii) TM. 55—((A))-208 LEGEND BRL = BUILDING RESTRICTION LINE 0 = POINT (UNMONUMENTED) 0 = 1/2" IRON REBAR & CAP SET (UNLESS OTHERWISE NOTED) CIL = CENTERLINE R/W = RIGHT OF WAY DRAINAGE EASEMENT HEREBY DEDICATED .......................... WATER EASEMENT HEREBY DEDICATED SANITARY SEWER EASEMENT HEREBY DEDICATED 53.2675 AC. (ORIGINAL) —1.5407 AC. (R/W) —1.7829 AC. (OUTLOTS) —3.9667 AC. (LOTS) 45.9772 AC. RESIDUE 4.8914 AC. (ORIGINAL) —0.3430 AC. (LOTS) 4.5485 AC. RESIDUE PROFFERS 1. A MONETARY CONTRIBUTION OF $3,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HERON LIES ENTIRLY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER FEMA F.I.R.M. COMMUNITY —PANEL # 510063 0120 B, DATED JULY 17, 1978. J. ALL 14 LOTS ARE SINGLE—FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = 12,000 SO. FT MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-65—C. FRONT = 35' FROM STATE ROAD R/W REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND UTILITY EASEMENT ALONG ALL STREET RIGHT—OF—WAY LINES AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL OTHER PROPERTY LINES HEREBY RESERVED. 6. THIS BOUNDARY IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 7. THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AT INSTRUMENT NO. 0J0007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE -PHASE 1 X1, RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: JANUARY 9, 2006 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors 'TELEPHONE: (540) 882-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com KD VIRGINIA. [ OP I TH No.022837 o SIGNAL 2185R SHEET 2 OF 12 SECTION pNE SUBpI� 00056g7 FIE, -)STONE INST- ONE. R FAMILY 5 USE: RES DENTIA\ 7 6 g 8 \ \- 10 52 4EX. —� CHANNING DR. KEY MAP TM: 55—((A))-206 LYNNEHAVEN, L.C. 8 �I D.B. 843, PG. 415 & QR DEVELOPMENT, L.L.C. INST.# 050007270 ZONE. • RP USE. VACANT 45.9772 AC. RESIDUE l�l SHE 107 109 108 QO DRAINAGE & sH ]` WATER ESMT. DRAINAGE I J I 0 SEE SHEET 7 ESMT. 112 Q� SHEET 11 DRAINAGE & o S T 9 ``,,C�� WATER ESMT. V V` SEE SHEET 8 113 N�°j �o 000 -206 a oa LYNNEHAVEN L. C. Z p� Q W ►� 61 D.B. 843, PG. 415 & • . Q 60 GAS ESMT. QR DEVELOPMENT, L. L. C. 0 2 , v EX. WOODROW Rp �"� SHEET 12 INST.# 050007270 h N piZONE.• RP �u 57 56 �2 00 USE.- VACANT � � Z q- LYNNEHAVEN 2 45.9772 AC. RESIDUE p a OUTLOT "E _SHEET 10 1- 103 1 102 104\ _NET5 OUTLOT "F" SHEET 11 59 58 SECTION TWO L 200 0 200 PHASE 1B 55 46T040026656 54 o GRAPHIC SCALE ?o (IN FEET) FINAL SUBDIVISION PLAT LYNNEHAVEN TH aF SECT/ON THREE - PHASE 1 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA A2009 RK D. SMITH SCALE. • 1 " = 200' DATE. • JANUARY 9, 2006 2009 GREENWAY ENGINEERING No.00QV 151 Windy Hill Lane �q t 0 pQ`' Engineers Winchester, Virginia 22602 ,�v Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founde in 1 M www.greenwayeng.com I 2185R SHEET 3 OF 12 CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 300.00' 269.56' 260.59' S 69'06'09" E 51.28'58" C2 272.00' 44.95' 44.90' S 89'53'26" W 09'28'06" C3 272.00' 124.61 ' 123.52 S 72' 15'05" E 26' 1452" C4 272.00' . 74.85- 74.61' S 51'14'40" E 15'46'00" TM: 55-((A))-206 LYNNEHAVEN, L.C. D.B. 843, PG. 415 & QR DEVELOPMENT, L.L.C. INST.# 050007270 ZONE. RP USE. VACANT LINE TABLE LINE BEARING DISTANCE L 1 S 474856" W 120.14' L2 S 24'35'03" W 151.79' L3 N 43'47'37" W 120.70' L4 N 7659'08" W 163.9 1' L5 N 483942" W 17.66' L6 N 04'3729" E 40.81 ' L7 N 85722131 " W 20.25' 50 0 50 GRAPHIC SCALE (IN FEET) C,�=� 'pp •41�h� TEMPORARY 0�` � • 0 GRADING ESMT. / LOT 100 DEEDLINE !1 13712 SQ. FT. HEREBY VACATED Z o - - _ - 1, ' `" -" 1 DEEDLINE �' BRI' 30;y2' HEREBY �;cro i �< .15.5 BRA i VACATED o. ptNP ZIrk- 0 Est' TM. 55—((A))-208 a+ 'cr N LOT 101 o Q.R. DEVELOPMENT, LLC `'� �, a, `r- 14761 SO. FT w INST. 040005596 �� �►' \" o N ZONE. RP<_ - 10.0' ; ►_v -�: USE.- VACANT 0a r 20' DRAINAGE �' 41 IRF m ZZ ESMT. 46'38 20 W AC ROAD 11,86' S 44'37#46 40 ACTIVE BUFFER 85.35' » 2 .65�' ' �, 56.00 \ \ EFFICIENCY TIVE ROAD SEE SHEET 11 �. C�i4NNING DRIVE 4o' INAC BUFFER OUMOT 80 R/W SEE SHEET 11 EFICIENCY - - - INST.# FINAL SUBDIVISION. PLAT L YNNEHA VEN SECT/ON THREE PHASE 1 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA t� M RK D. ITH SCALE. 1 " = 50' DATE.• JANUARY 9, 2006 No.00zoos GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602' SUR Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founde in 1971 www.greenwayeng.com 12185R SHEET 4 OF 12 SANITARY SEWER - ESMT. C) c-n CURVE TABLE w CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE cl 300.00' 269.56' 260.59' S 69*06'09 " E 5 1 *28'58 m C2 328.00' 50.79' 50.74' N 474751" W 08*52,22" C3 328. 00' 72.34' 72.19' N 58'33'06 0 W 12*38'08m C4 328. 00' , 72.34' 72.19' N 71-11'14- W l2'38'06- 37.87' SEE SHEET 6 �. . . 't Y LOT 105 .. ow LOT 104 12093 SO. FT 0�< 0 LINE TABLE LINE BEARING DISTANCE Ll S 70-2973-3"E — 180.28' L2 S 74*5244m E 95.54' LJ N 31*16'40" E zol' 20' DRAINAGE ES114T TM: L YNNEHA VEN, L. C. D.B. 843, PG. 415 & OR DEVELOPMENT, L.L.C. kA INSTJ 050007270 •RP ZONEQ 9�ti 00. VA CANT ACANT Cl LOT 103 12093 SO. FT . . . . . . . . . . . . '•:\ ' . r r 0 C 3RL '4b N 37 �40-00 - 1RL OF" E-3 SEE SHEET 4 (A r-4 LOT 101 o 4z -w- S 46*380 20It 56-00' LOT 102 149 74 SO. FT M1 46 40' ACTIVE PQAn BU f EX CMNKING DRIVE" 80IW INST I ---- 8500, S 48.30,4j \\,,--EX. WATER ESMT \INSTJ FINAL SUBDIVISION. PLAT L YNNEHA VEN SECTION THREE - PHASE 1 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRC FFER SEE SHEET 10 jU-FLOF-';E-- — 40' INACTIVE ROAD BUFF -ER 50 0 50 GRAPHIC SCALE (IN FEET) SCALE: 1 .50' 1 , DATE.• JANUARY 9, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Fl$oundei. 1171 www.greenwayeng.com no MARK D.-'SMITH );;" No.0012009 185R SHEET CURVE 'TABLE - CURVE RADIUS ARC LENGTH -CHORD LENGTH CHORD BEARING DELTA ANGLE C1 300-00' 26 ' 9.56' 260.59' S 69'06'09 0 E 512858" C2 200.00' 56.45' 56.26' N OX 14'3 1 " E 16*10'16" ci 328.00' 72.34' 72.19' N 83*4922m W 1238'08m C4 328.00' 26.92' 26.92' S 8730'28m W 04'42'120 C5 0.00' 62.83' 56.57' N 49'50'37" W 90100,00m C6 175.00' 74.80' 74.23# N 07*24'060 E 24*29!26 " C7 175.00' 27.67' 27.64' S 24* 10'35" W - 09*03'32" Q 9�ti 57*5948 69-72" SEE SHEET 7 ll LOT 107 LINE TABLE LINE BEARING DISTANCE L 1 S 745244" E 14.46' L2 N 04*50'37m W ZOO' LJ N 48*3942" W 81.25' L4 N 48-3942 - W 24.95' L5 N 04*28'18" W 127.16' L6 N 40*33'19" E 34.23' L7 N 61*17'39" W 2539' 7M.- 55—((A))-206 L YNNEHA VEN, L. C. %P D. B. 843, PG. 415 & 00 OR DEVELOPMENT, L.L.C. INSTJ 050007270 0 ZONE.• RP 0. USE.• .VACANT .4j N LOT 106 17168 SO. FT DRAIN Qj 0 Qn IQ -�34 /��. .AGE LI, tK —i 4N ESUT Fz L LOT 105 . . . . . . . . . . . 2079 SO. FT 0 \ 1 3r,* j N, 7M.• 55—((A))-206 L YNNEHA VEN, L. C. D. B. 843, PG. 415 & OR DEVELOPMENT, L.L.C. SEE SHEET 5 INSTIf 050007270 LOT 104 ZONE.• RP 11CC'. IIAIAAIT 50 0 50 SEE SHEET 4 LOT 100 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 1 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE.• 1 50' DATE.• IANUARY 9, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX.• (540) 722-9528 Founde in 1971 www.greenwayeng.com MARK / D-tMITH No.0020j„+�09 (30-- OF 12 • CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 200.00' 56. 45' 56.26' N OX 14'31 " E 16' 10' 16" C2 225.00' 40.95' 40.89' S 00'22'12" W 10'2538" C3 40.00, 62.83' 56.57' S 40'0923 W 90.00,00" C4 1021.00' 55.55' 55.55' S OX 17'06" E 03'07'03" Z cAc� $ o N � N lP �'• n 2� 5 V01 �• 05 j o00 , 6R W . /1 LOT 109 \ C 12000 SQ. FT. LINE TABLE LINE BEARING DISTANCE L'l S 70'23'00" W 31.45' L2 S 22'50'50" E 86.37' L3 N 40'09'23" E 50.4 1' L4 N 85'09'23" E 230.36' L5 N 40'09'23" E 28.28' L6 N 04'50'37" W 1.94' L7 S 49'50'37" E 73.57' L8 S 49'50'37" E 35.36' L9 S 04-50'37" E 32.00' N 6R t-A LOT 106 12000 SO. FT. D. B. 843 PG. 415 & OR DEVELOPMENT, L.L.C. �� o INST.# 050007270 p `vim /pDr'S p0 �,ZONE. • RP �5p R cn USE. • VACANT c'cr\ p \ / 10 \ N o \ LOT 107 v` DRAINAGE o..::: �� 16383 SQ. FT. �ESMT. X. 10�St� s S9. f: � �, •�.: •�. E 'o_ ?• 4 ��0 OOP �Z✓ �s .;;:r �) ,51,. \ 0 o Dr C y - 0 . . n 0,> 13.24' S ,p ` Za � •� 'W10 0 0k A 20' DRAINAGE SEE SHEET 6 ESMT. LOT 106 o \ o 1 50 0 50 n 1 GRAPHIC SCALE 20' WATER (IN FEET) ESMT. \ FINAL SUBDIVISION PLAT L YNNEHA VEN SECT/ON THREE PHASE 1 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA SCALE. 1 " = 50' 1 DATE. IANUARY 9, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester,, Virginia 22602 Surveyors 7'elephone. (540) 662-4185 FAX. (540) 722-9528 Founde in 1971 www.g)-eenwayeng.com TM. 55-((A))-206 u' LYNNEHAVEN, L. C. I MYRK D'\ IITH No. 002009 9.�yD svR�o iR SHEET 7 OF CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 671.00' 53.34' 53.32' S 02'34'00" E 04'33'15" LINE TABLE LINE BEARING DISTANCE L 1 N 04'50'37" W 124.96' L2 N 82-29'55" W 10.24' MERIDIAN OF PLAT L3 S 39'37'00" E 80.16' INST.# 030007982 L4 S 04'50'37" E 57.i'' , � Q Cn coo � w I I SEE SHEET 9. cCSo LOT 112 TM: 55-((A))-206 LYNNEHAVEN, L.C. D. B. 843, PG. 415 & N DRAINAGE ESMT. 22: 85' 2 OR DEVELOPMENT, L.L.C. N 04'50'37" W 150. 00' INST.# 050007270 j , �•— 0 O ZONE.• RP cn I cn ?� ; �L 1 USE:VACANT I y w Q; 10' BRL r�; � 2 0 o w o LOT 111 `" o` M 20,' DRAINAGE I'p, 12000 SQ. FT. p I oc�� o ESMT. Z`. o 10' BRL "'•� �' ;I-- U t N 04 50 37W lk 'r y 0 150.00' .��p Oo O 10' BRL 20' WATER LOT 110 t': o o ESMT. T. I \ I 12000 SO. Fao ( o ��, Z p it L10' BRL J !?� p N 04'50'37" W c .�Zi can Q); o — —0a 150.00' n o I SEE SHEET 7 y> LOT 109 24' SANITARY SEWER ESMT. n 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN SECT/ON THREE - PHASE 1 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINIA MARK D. SMITH SCALE. 1 " = 50' DATE. JANUARY 9, 2006 No. 002009 GREENWAY ENGINEERING .G 151 Wzndy Hall Lane p4' Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founde in 1971 www.greenwayeng.com 2185R SHEET ' 8 OF 12 CURVE. TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 500.00' 358.07' 350.47' N 68' 18'29" W 41'01 '54" C2 500.00' 52.53' 52.51' S 88'09'59" W 06'0.1"'12" C3 400.00' 36.00' 35.99' N 12'3524" E 05'09'23" C4 472.00' 49.59' 49.57' S 88'0959" W 06'01'12" C5 40.00' 72.60' 63.04' N 36'4940" _W 103'5931 " C6 375. 00' 106. 92' 106.56' N 23'20'1 I" E 16'20' 11 " C7 528.00' S5.48' 55.45' S 88'09'59" W 06'01 ' 12" MERIDIAN OF PLAT /NST.# 030007982 / 11 �N�4 V V TM 55-((A))-206 c LYNNEHAVEN, L.C. D.B. 843, PG. 415 & OR DEVELOPMENT, L.L.C. cn INST./ 050007270 00 ZONE. RP USE. VACANT coo w rI rn VII io w y 0 y 50 0 50 GRAPHIC SCALE (IN FEET) LINE TABLE LINE BEARING DISTANCE L 1 IN 82'2955" W 129.87 L2 S 44'51 '37" W 21.79' L3 N 45'08'23" W 11.69 L4 N 00'00'08" E 16.73' L5 N 8825'06" W 20.00' L6 N 31'5749" W 34.69' L7 N 74'4954" -W 14.61' IRF /6 10' GAS .ESMT. V t�s I LOT 113 ` 14467 SO. FT. 10' BRL N_04'50'37" W _ _ _150.00' 10' BRL LOT 112 m 1�- 12000 SO. FT 0 ,0 p' 10' BRL , T* 150.00' DRAINAGE ESMT. SEE SHEET 8 LOT 111 24' SANITARY SEWER ESMT. FINAL SUBDIVISION PLAT L YNNEHA VEN SECT/ON THREE - PHASE 1 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE. 1 = 50' DATE. • JANUARY 9, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. • (540) 722-9528 ound;ei�n1971 www.greenwayeng.com SANITARY SEWER r- ESMT. 44' MARK D. ITH No.002009 Ob cl mve 2185R ■ CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 785.00' 651.84' 633.27' S 29'52'16" W 4734'36" C2 1000.00' 5Z22' 57.22' S 52'01'12" W 03'16'43" C3 775.00' 1 82.43' 82.39' N 50'36'44" E 06'05'39" LINE TABLE LINE BEARING DISTANCE L 1 N 84'5955" W 56.08' L2 N 48'30'43" E 85.00' L3 N 04'52'30" E 90.00' L4 N 89'37'41 " E 115.00' L5 N 56'27'43" E 61.36' L6 N 46'24'23" E 105.00' L7 N 22'43'02" E 62.44' L8 N 2522 29" E 123.72' L9 S 64 37'31 " E 47.96' L 10 N 67' 16'58" W 220.10' L l l N 23-45'16" W 22.88' L 12 N 30'34'00" E 12.31 ' L 13 S 35'5252" W 258.27' L 14 N 75' 18'58" W 41.09' L 15 S 70'29'33" E 113.90' L 16 N 53'3934" E 98.46' EX. 20' SANITARY SEWER ESMT.' INST.J 10' SANITARY 20' SANITARY o 49 SEWER L 11 SEWER ESMT. ° IRF ES vMT. �ry 10.0' I I I-- 0 S 58 CO 5•N-1 46•yE� k o` I o fX STORM p 10 I NST 0300', ESTM O vsss ti ,, or I �s SQ-16 TM. 55-((A))-206 0 LYNNEHAVEN, L.C. D.B. 843, PG. 415 & OR DEVELOPMENT, L.L.C. G a INST / 050007270 A ' - ZONE: RP o z USE: VACANTCY 40' ACTIVE 0� ROAD BUFFED'° L 14 0 20' DRAINAGE / ESMT. o 0 O 4)hlb G 11.02' 1111 L4 40.11 +• a �1 ILOT 102 10' GAS ESMT. SEE SHEET SEE SHEET 5 5 &0 °� 40' INACTIVE 4n \ ��IRF ROAD BUFFER 100 0 100 L 1 OIRF EX. WATER ESMT. LOT 101 SEE INST.# GRAPHIC SCALE SHEET 4 SEE SHEET 5 (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN of SECTION THREE PHASE 1r RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA R D. SMITH SCALE. 1 " = 100' DATE. JANUARY 9, 2006 No.002009 GREENWAY ENGINEERING t 151 Windy Hill Lane q 04' Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founde in 1971 www.greenwayeng.com 2185R SHEET 10 OF 12 Q Ul w `CURVE TABLE ' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 920.00' 111.31 ' 111.24' S 42'09'50" W 06'5556" LINE TABLE 'k O SEE SHEET 5 LINE BEARING DISTANCE L 1 S 01'36'22" E 46.63' L2 N 40'5633" W JJ.78' L3 N 44'3746" E 29.65' L4 S 42-11'04" E 46.14' L5 S 38'41 '52" W 202.46' L6 N 4422'11 " W 41.90' L7 N 39'2856" E 100.00' L8 N 12-49'49" E 206 78' o \O� LOT 102 _.r. .r' / \ `s��0, SEE SHEET 10 OUTLOT "E" \0 NO / SEE SHEET 4 LOT 101 o / 0 J 'UTLOT "r 499 SO. FT. C7 TM. 55-((A))-208 ;,:,._ _ ,.. ti o �P Q.R. DEVELOPMENT, LLC...,1,2 �',, INST.040005596 / 0 ZONE. RP :.:_ �� .``! G USE- VACANT S]`Okk DRAINAGE` :;; EA,S�I�f ENT •`�.. ; ' � / CL .i' : rr• MANNING & ROSS DEVELOPERS, L.L.C. ' INST.# 0 l00 f 6381 ZONE.- RP USE. VACANT / 50 0 50 S a' ' . ':.• / GRAPHIC SCALE (lN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN Hof SECTION THREE - PRASE 1 f r RED BUD .MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA M RK D. MITH SCALE. 1" = 50' DATE. JANUARY 9, 2006 No.002oos GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 qp SUR Surveyors Telephone: (540) 6624185 FAX. (540) 722-9528 1%ounde in Ml www.greenwayeng.com 2185R SHEET 11 OF 12 -CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 538.00' 1 50.50' 1 50.48' 1 S 87'50'44'' W 05'2242" 0'34M � 1 ' YNN 14 0� 5600 f.X• �' W � 1�3 9 06 S \ 5 10' GAS 100 0 1 00` GRAPHIC SCALE (IN FEET) TM:-55-((A))-206 LYNNEHAVEN, L.C. D.B. 843, PG. 415 & OR DEVELOPMENT, L.L.C. INST.J 050007270 ZONE.- RP USE: VACANT ESMT. o \��,,0 SEE SHEET 8 �Q SSE 5� FOR ESMTS 0 p09a2 �� SEE 10`P 030 TM: 55-((A))-206 3r ° �p1 1 5(•# LYNNEHAVEN, L.C. < �r 1 D.B. 843, PG. 415 & 4R DEVELOPMENT, L.L.C. 5 INST.J 050007270 \ ZONE: RP / USE. VACANT LINE TABLE R'yr LINE BEARING DISTANCE L 1 S 04'50'37" E 10.00' L2 S 85'09'23" W 44.34' L3 S 40'09'23" W 32.27' L4 S 85'09'23" W 69.24' L5 N 49'50'37" W 32.27' L6 S 85'09'23" W 235.01' L7 S 3746'39" W 33.70' L8 S 85'09'23" W 72.75' L9 N 3937'00" W 29.98' L 10 S 85' 13'57" W 128.71 ' L 11 N 00'00'08" E 10.00' L 12 S 39'37'00" E 30.'19' L 13 N 85'09'23" E 63.13' L 14 N 37'4639" E 33.70' L 15 S 49'50'37" E 32.27' L 16 N 85'09'23" E 60.95' L 17 N 40'09'23" E 32.27' SEf SHEET 8 FOR ESMTS. o NO! ro 10' GAS $, ESMT. L3 0 O N 1,1 \Nye o� too SEE SHEET 4 TM: 55-((A))-208 0- Q.R. DEVELOPMENT, LLC INST.J 040005596 0 ZONE: RP � USE. VACANT I I FINAL SUBDIVISION PLAT L YNNEHA VEN H aF SECTION THREE - PHASE 1 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY I/IRGINIA MARK D: SMITH SCALE. 1 " = 100' DATE: JANUARY 9, 2006 No.002009 GREENWAYENGINEERING r l - ►, 151 Windy. Hill Lane 4f`' Engineers Winchester, Virginia 22602. SIJR Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Found, in 1971 www.greenwayeng.com 2185R SHEET . 12 OF 12 VIRGINIA: FREDERICK COUNTy.SCT This instrument of writing was produced to me on and with certjlicate--' at 7 • Q annexed'�herto was admitted to record. 'F' imp( smd bygeent t8ece58.1 802 of and 58.1-801 have been paid, if assessable. Cler k MANNING & ROSS 135 Featherbed Lane Winchester, VA 22601 (540) 723-9868 (540) 723-9869 (fax) May 22, 2007 Mr. Mark R. Cheran County of Frederick Department of Planning & Development 107 N. Kent Street, Suite 202 Winchester, VA 22601-5000 Dear Mark: Per your letter dated March 16, 2005 (copy enclosed), we are submitting four (4) Final Subdivision Plats for Sovereign Village, Section 3-B, the Deed of Dedication, and a copy of the 5/14/07 letter from Candice E. Perkins. Also enclosed is our check for $600.00 (check #6042, dated 5/22/07). Sincerely, Gregory M. Bancroft GMB:Iem Enclosures cc: 'van Wyatt Eric Lawrence /// B Nall ��� �i• O _ _ psi elp- .. .,-,:.•:.,,..;;Jill: � �`` ` ` ; �� �/��//// ��/III �� I�w���l�: ,. � o ;�.�`� j��llllllll_ 1 '•♦� , • , AREA IN LOIS: • 9.2706 ACRES I NITATION ATY I' JOr TOTALI 7679 ACRES OWNER'S ' THE ABOVE AND FOREGOING SUBDIVISIONOF A PORTION OF THE LAND OF RICHMOND HOMESAMERICAN IF VIRGINIA, INC., AS APPEARS ON THE, ACCOMPANYINGPLATS, THE FREE CONSENT/ IN ACCORDANCEDESIRES OF THE UNDERSIGNED PROPRIETORS, / TRUSTEES IF ANY FOR. RICHMOND AMERICAk HOMESI //� / _ OF .: "9 CITY INTY ' I ! I �riYf� :w THE FOREGOING OWNERS CER77FICATE WAS ACKNOWLEDGED • i P, • BEFORE! DAY OF i / BY I-and ► l MY COMMISSION EXPIRES �' i 'r 21/1. • . DR G to (o NOTARY PUBLIC SURVEYOR'S CERTIFICATE. HEREBY/ CONTAINED IN THIS SUBDIVISIONPORTION I CONVEYEDTHE LAND TO RICHA40ND AMERICAN HOMESOF VIRGINIA, INC BY DEED DATED OF RECORD IN THE FREDERICKI I PS OFFICE AS INSTRUMENT No. MARK I •, ., . / I. 22.4567 ACRES ZONE. RP USE. VACANT FINAL SUBDIVISION PLATSECTION L YNNEHA VEN �,�.. THREE - PHASE 2 I BUD MAGISTER14L IISTRICT — FREDERICK COUNTY,SCALE: NIA GREENWAY ENGINEERING, INC. WindyHill Lane , SurveyorsEngineers Winchester, ' I I / 662-4185 I BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE • = POINT (UNMONUMENTED) o = 1/2" IRON REBAR & CAP SET (UNLESS OTHERWISE NOTED) C/L = CENTERLINE R/W = RIGHT OF WAY IRF = 1/2" IRON REBAR FOUND DRAINAGE EASEMENT HEREBY DEDICATED WATER EASEMENT HEREBY DEDICATED m] SANITARY SEWER EASEMENT HEREBY DEDICATED AREA TABULATION TM. 55-((A))-206 22.4567 ACRES (EXISTING) -1.4973 ACRES (R/W) -9.2706 ACRES (LOTS) 11.6888 ACRES REMAINING (BY SUBTRACTION) PROFFERS 1. A MONETARY CONTRIBUTION OF $J, 378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HERON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PtR FEMA F.I.R.M. COMMUNITY -PANEL # 510063 0120 B, DATED JULY 17, 1978. J. ALL 28 LOTS ARE SINGLE-FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = 12,000 SO. FT. MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09-C. FRONT = 35' REAR = 25' SIDE = 10 , EXCEPT 15' ADJOINING PIPESTEM DRIVEWAYS EXCEPT PIPESTEM LOTS 135, 137, 140 & 151 - SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE § 165-402.09-P.• FRONT = 20' REAR = 20' SIDE = 20' ALSO NOTE THAT LOTS 137, 140, 142 & 143 ARE SUBJECT TO THE ACTIVE PORTION OF THE ROAD EFFICIENCY BUFFER, FOR CHANNING DRIVE. NO BUILDINGS SHALL BE PERMITTED WITHIN THE ACTIVE BUFFER AREA PER FREDERICK COUNTY ZONING ORDINANCE § 165-203.-02 A(2). 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND UTILITY EASEMENT ALONG ALL STREET RIGHT-OF-WAY LINES AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL OTHER PROPERTY LINES HEREBY RESERVED. 6. THIS BOUNDARY IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 7. THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AT INSTRUMENT NO. 0J0007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGIN/A. FINAL SUBDIVISION PLAT L YNNEHA VEN T SECTION THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRG/NIA MARK D. SMITH SCALE.- NIA DATE.• DECEMBER 28, 2009 No.002009 GREENWAY ENGINEERING, INC. t LZ•Z�• 4, 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 2185R SHEET 2 OF 14 Founded in 1971 www.greenwayeng.com SUB 09-11 KEY MAP 9� 1 B NST,# 1 ES 00ENTIAL 3 2 1 R 4 : ^ :::. SEC;T110 N� E'FAMII'� 5 ::. 137 NE P SSE. 7 :1,35:: FIE�pSTO ZONE: R 9 8 . 1`4:' OUTLOT "E" 10 .- 134 136 "� SH T 5 138 40 148 -n N :160.:..::•:: 41 147: a o o TM: 55-((A )-206 159 ':' V 149 rn 'io N RICHMOND ;146::> AMERICAN HOMES _ _m OF WRGINIA, INC. 158 150 143 ZONE.- RP ; 144 - °� USE. VACANT 157 W 152:::::;::.:::::::::. o C�� 156 ::.. w z _ ' O '.15102 3 103 0 co 104 W J II 155 106 105 LYNNEHAVEN ' ZI 154 SEC. 3 PHASE 1 �. INST. 101 100 107 070011417 & 070012186 H W 108 N' W 109 TM. 55-((A))-2068 Q; 110 �P• COUNTY SCHOOL BOARD OF p 111 FREDERICK COUNTY, VIRGINIA Q INST.# 070019473 O pP� I 112 Z�,��a� ZONE. RP O p USE. SCHOOL 113 p0�� oo 00 OUT 0 60 61 Jtv WOODROW RD • �� EX. 57 56 LYNNEHAVEN I 59 58 SECTION TWO kl` 200 0 200 PHASE B 55 �� C� INS �1 040026656 54 o GRAPHIC SCALE 46 (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN TH SECT/ON THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA MARK D. SMITH No.002009 l2•Z���o�, SCALE.- 1 " = 200' DATE.- DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane \Nov Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 2185R SHEET 3 OF 14 www.greenwayeng.com SUB 09-1 1 E ��� No+ sE�# 0 � R���1P� •� � 30 �� o Ah N 'o o �$' �5�• o �n Vol '�1' �' �- �� �oAb \Vol /^\ 2 LOT 135 18,613 S4. FT. \ N S + e}• '1111EL5 °_'o N `20`RL 0' Vol �$ k1 \:, -= ?o2O j+ti 6 10. -` 1• 1,3 Z41' 3 '.� EL10 EL9 �M . Z :~ 2g• , 20'� y .� m �.^ ^h p o DRAINAGE ESMT. N 64'37'31 " W 82.00' TO NAIL MD ; rr NLOT 133 1`�^� LOT 134 FOUND IN STUMP m • ' 14,874 SO. FT. I 12, 678 SO. FT.' M ,; 20' DRAINAGE •�'� I m t th Z ESMT. .' � cl r. N W m gRL L�35' BRL �o % l, 35� r10' GAS = Z �' r _ L ESMT. Z Q o "� • ..- _ 14 WATER r =ESMT. to tAj 2, ss :oC8b:•.:.: ��a�c�n1 ' 3•%4' C3 N t%N °0 - 2` \ I o 5S5Oo'wo0C3 a 0 S 18.9,/`FryR �oA N 25•p0 05 10 Qj 36 oo V1ARN �SEE SHEET 12 LOT 159 � coo i iF.Q� W w �9 sTo� o.- A to to Z 50 0 50 GRAPHIC SCALE NOTE: SEE SHEET 13 FOR CURVE TABLE AND (IN FEET) SHEET 14 FOR EASEMENT LINE AND CURVE TABLES FINAL SUBDIVISION PLAT L YNNEHA VEN T b I SECT/ON THREE - PHASE 2 r RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINM MARK D. SMITH No.002009 12•Z�, SCALE- 1 " = 50' DATE: DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 2185R SHEET 4 OF 14 SUB 09-1 1 www.greenwayeng.com \ EX. 20' SANITARY STR���N F'I" DU7z o SEWER ESMT. pF ?\., p'9 �T 7NST�,�R TgR`o � \ � I N ST07001218516 \ & �sip0�" . 4�. �i�P V ,gyp l , �'� �� ��� LOT 137 27,450 SO. FTsr do, epo EX. 20 SANITARY SEWER ESMT.o o- 0� �,4 INST.# 070011417 9o�c�j� 10 & 070012186 �/ GOLF / �6/ 1 � .t1 / OUTLOT E c'o. �05 / / �� / LYNNEHAVEN �. 'o� �/ 6h / SECTION THREE-PHASE 1 00 %'F�P_ p '// ,�'�/ / INST./ 070011417 & 070012186 j 0 6 ZONE.• RP USE. VACANT LOT 135 �s .r ��� /,�9 / SEE SHEET 4 'r's��' / / EX. DRAINAGE ESMT. ' sj� INST./ 030010665 rTOTA�) , 5.00 20 DRAINAGE �� E o �� :., ,?��o�,; 5117 " E ESMT. EL6 8 5 �;: S 35 2 ' p' �v IRF ---7 EL9gRL W 2 l co o LOT 136 N N I LOT f38 d i 13,791 SO. FT 15,338 SO. FT. 3 U Im 'U J W coo 35' BRL 45LRL 2 10' GAS 2 d Z ^1 ESMT _ N , �•- — .-,,,-T ......::.........:.... — — — _ _ 14 WATER _ :«;::'::.:';;`.:': ;::::` :.6..:•:::::;--,- ESMT. ........... . \ / CS N 18'55'09" W 100.00' S 18.55'09" E 100.00' N l — / C1 c3 �c 4- LY1'NEHAVEN DRIVE C 1' \ 50' R/W 50 0 50 NOTE: SEE SHEET 13 FOR CURVE TABLE AND GRAPHIC SCALE IN FEET SHEET 14 FOR EASEMENT LINE AND CURVE TABLES. i FINAL SUBDIVISION PLAT L YNNEHA VEN T SECT/ON THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRG/NIA MARK D. SMITH No. 002009 l2•Z�•�`to4, SCALE.- 1 " = 50' DATE.• DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185R SHEET 5 OF 14 SUB 09-1 1 MERIDIAN OF PLAT INST.I 030007982 N. EX. DRAINAGE ESMT. ININST.# 030010665 O lRF o \.Qo90 /q,c/ \ o,00 ,,�<`1yT� OVO �� '( O 1p 1�JP60, p .61 , o ��. LOT 140 0 11f 0 22,765 SQ. FT. \ \ 1 l 20' BRL \ \ 0 \ S 024333" W 108.99' S 0243'33" W 88.9�' �I wo -- o o------ � W m 25' BRL o 0 25' BRL m `O rn LOT 141 m o w LOT 139 �, 12,203 SQ. FT 12,558 SQ. FT. I m� N�lo mlpiN �� m m; I ` nU3 to tp to D r ►'� r� ^ 0 35' BRL b b 10 S T. 14 ER G ESMESMT. h 3 EL 13 --�_-- _ E 9 0 C4 /J LYNN — » E VEN 5S O9 EM50 " 5 S 10000 �o \ N \\ 3 h � v h I ,20' SANITARY SEWER ESMT. 1.47' 6.39' C)\\\ -- 16.17' ` R=55.0' 50 0 50 GRAPHIC SCALE (IN FEET) NOTE: SEE SHEET 13 FOR CURVE TABLE AND SHEET 14 FOR EASEMENT LINE AND CURVE TABLES FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 2 RED BUD UAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINIA SCALE.- 1 " = 50DATE.- DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com O N MARK D. SMITH No.002009 1ZUvq0-j 12185R SHEET 6 OF 141 EX. 20' SANITARY SEWER ESMT. EX. 20' DRAINAGE ESMT. INST.# 070011417 CHANNING DRIVE INST.# 070011417 V4. & 070012186 ROUTE 1554 & 070012186 OUTLOT E - - -------_ 40 INACTIVE ------- LYNNEHAVEN 4'22" W ROAD BUFFER T SECTION THREE 39 TOT, — — 467 F'23=—oS 56'27'4=w _ PHASE 1 �222•32 0 105.00 IRF 61.36' s — INS J 070011417 _0 56, 70' IRF ` & 07001 — — IRF 40 ACTIVE `9;��� \ ZONE' Rp 6 ROAD BUFFER �o�� A� 4 USE' VACANT s LOT 142•14,714 000\ SO. FT •�' o B� LOT 143 o . �. 0 13,483 SO. FT. o� ���' �1 �o B s • RJ �. .;1. �, a; �� MA 310'� GAS w\ , 1 w 10�� '���p'9�s1" ��' • ; c35_ o c �� 20' SANITARY 1:6� �•. .: 20' DRAINAGE \ �, SEWER ESMT. ESMT. m Jo 0 t< LOT 144 w EL 13 -w 6.39' ' w o\ 13,368 SO. FT. 10' I 148.54' 'P��s o I '08" o Nam, Or N 51'51 E \ LOT 145 SEE SHEET 8 Q OFpp� 50 0 50 NOTE. SEE SHEET 13 FOR CURVE TABLE AND GRAPHIC SCALE (IN FEET) SHEET 14 FOR EASEMENT CURVE AND LINE TABLES. FINAL SUBDIVISION PLAT L YNNEHA VEN T SECTION THREE - PHASE 2 r� RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGIN14 MARK D. ITH No.002009 I2•Z�• SCALE. 1 " = 50' DATE, DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FfIX.• (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185R SHEET 7 OF 14 SUB 09-11 Z 00. LOT 149 `-•� SEE SHEET 9 0 �h0 LOT 150 �� SEE SHEET 9 \ , 0 10' PRIVATE SANITARY SEWER ESMT. � S- LOT 104 ,,°S- / O LOT 103 LYNNEHAVEN SECTION THREE-PHASE INST.# 070011417 & 070012186 ZONE. • RP USE.- RES. 14.55' LOT 148 SEE SHEET 9 �� IU O'S934 E �N '0 94, o N 3SAN' W�DT ESMT � o VAR- SEWS 25/BRL 3 LOT 147 13,848 SO. FT. - LOT 146 hm 12,164 SO. FT. m of 0 ' 2 h . IVX 10� BRL A5 c ih �122 89, 1 p' SRL --] tA rn 1 T1��1 W �� \ LOT 145 14, 000 SO. FT. > Z-1-01 GAS '+ ESMT. LOT 144 SEE SHEET 7 N y 1j 0�9, 1 LOT 102 -20' SANITARY SEWER ESMT. V 9.95' -A cr I50 0 50 NOTE: SEE SHEET 13 FOR CURVE TABLE AND GRAPHIC SCALE SHEET 14 FOR EASEMENT LINE AND CURVE TABLES (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN IT SECT/ON THREE — PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY ORGINIA MARK D. ITH No.002009 It-U'0�o4, SCALE.- 1 " = 50' DATE: DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers ' Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 2185R SHEET 8 OF 14 SUB 09-1 1 www.greenwayeng.com _ C3 A ACC 2C 3 S 18. `SO AP'Q rj Sp9. O � F 818j, o a O A �' EL29 � • N Z~ 3S•e F (o W I R4 W ' o W z m LOT 148 �., v, , N 3Ih 16,230 � "� SQ. FT. • LOT 147 SEE SHEET, 8 �� o (_.25' BRL V J 95.00' 18.00' 125. 0'� S 34*48'54 _E 11.3 00 10' BRL Z J N A S 39'50'40" W � v N �10 m 95.00' o LOT 149 r1 LOT 146 3 ' 12,041 SQ. FT. SEE SHEET 8 W W , 10' BRL S 38'44 0 7 " E 135_00, ' W �o � f 0' BRL 3 � -� EL31 $ o m LOT 150 m o LOT 145 12,015 SO. FT. I to SEE SHEET 8 I� ry�� ''^^ ry� "V U)' •0 A N tf) �15' BRL c� o N N N 38'44'07" W 135.00' LOT 151 SEE SHEET 10 z 50 0 50 z GRAPHIC SCALE NOTE.- SEE SHEET 13 FOR CURVE TABLE AND (IN FEET) SHEET 14 FOR EASEMENT LINE AND CURVE TABLES. FINAL SUBDIVISION PLAT L YNNEHA VEN TH SECTION THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINIA MARK D. SMITH No.002009 le t 2.2�•0�4, SCALE. 1 " = 50' DATE.• DECEMBER 28, 2009 /tN GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 1%1411T� Engineers Winchester, Virginia 22602 "ram Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 1 Founded in 1971 www.greenwayeng.com 2185R SHEET 9 OF J14 SUB 09-11 LOT 149 '"t v SEE SHEET 9o`�000'",o W 3 W ° S ! LOT 150 i o �s ' �1 SEE SHEET 9 j� 3r.. 11 J I, to O Z I •\ ��� 0 O o S 38'44'07" E 135.00' o NO.\ 3r. o Ni N---20.00' o ��! `%� 2 ' W S 38*44'07" E 135.00' — 0 i� LOT 151 18, 048 SO. FT. , 15 BRL � N . m LOT 152 00 0 Zto 112, 015 SQ. FT I Z E132 ►� ,1Ar L BRL 10 ' oRF of S 38'4,FO7" E 0� 135.00' 1 �' 10' BRL Z h� Pvl m w LOT 153 N o ` ,, �6 W o 12,704 SQ. FT. G,�� v EX. VAR. WIDTH SANITARY ooi SEWER EASEMENT 3 INST.# 070011417 '� 00 & 070012186 roN hNCI j ` SEE SHEET 13 FOR CURVE K o TABLE AND SHEET 14 r� h <`.¢- FOR EASEMENT LINE s AND CURVE TABLES. �p.����� ,Q�� 50 0 50 1p1 0�o 00 �� A > >� GRAPHIC SCALE �0 (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN TH o SECT/ON • THREE - PHASE 2 �� RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINIA MARK D. SMITH SCALE.- 1 " = 50' DATE.- DECEMBER 28, 2009 No. 002009 GREENWAY ENGINEERING, INC. l 2•Z�G•o�l �, 151 Windy Hill Lane S�tO Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 2185R SHEET 10 OF 14 Founded in 1971 www.greenwayeng.com SUB 09-11 'R ZI 0 ' ^ W i^off ( ONE O v W W pz o ��Z N �N �Z N IRF SOF7i�� 12 1 4 SO. FT �` � F. GRAPHIC SCALE ✓ , pp �p y �►�� ��6 �� (IN FEET) NOTE.• SEE SHEET 13 FOR o �,I, �.� � p� Z1P� 1 �60 CURVE TABLE AND SHEET IRF ,�� 14 FOR EASEMENT LINE LOT �.• ��5� AND CURVE TABLES. 108 LOT 159 I :::1::::. � SEE ,SHEET 12�,1'�0 i 38 44'07 E 150.00 ;p �. I m LOT 158 m ( I 12,000 SO. FT. #' 10BRL ' N N 38. 44 07 W 150.00' ::::::'.: W 10' BRL to Im LOT 157 m 12,000 SO. FT. ( I to I to to L— 10' BRL N J3 44'07'r W- 3.02' — 150.00' 10' BRL o m LOT 156 ^ W --� _:::::o LOT 153 13, 438 SO. FT. j SEE SHEET 10 10' BRL 46 45'23 W ice► j 0BRL LOT 155 " Lo 14,520 SO. FT. -T. ti N 65 Ar \' FINAL SUBDIVISION PLAT L YNNEHA VEN TH °F SECTION THREE — PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA MARK D. SMITH SCALE: 1 " = 50' DATE. DECEMBER 28, 2009 No. 002009 GREENWAY ENGINEERING, INC. IZ.ZU.o 4. 151 i i Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 2185R SHEET 11 OF 14 Founded in 1971 www.greenwayeng.com SUB 09-11 ono ox, 00 .o -'''N 35'38'22" E� 50.00' / C F���EN pR��E 3a E03 E LYNNENP .,r- � EL VAR. WIDTH 2 SANITARY SEWER ESMT. z N st Z 2 I v,eL Q-ti Cnz Qc-ca 0 ,W2�m W�N� �2 . v 50 0 50 GRAPHIC SCALE (1N FEET) LOT 133 I LOT 134 SEE SHEET 4 SEE SHEET 4 725.00' _ C3 554; N D/Q ''C23 �W 87'12. 71 ' DRAINAG C24 EL41 ES T. EL43 17 10 GAS— 3 ofcly ESMT.QN I co E 154.79' 10' BRL LOT 160 m 13 I 12,811 SO. FT. �I 10' BRL J i N 38'44'07'T—W 150.44' I 10' BRL o LOT 159 m �� 12,005 SO. FT. I 10' BRL N 38044'07" W 150.00 10' GAS --J I LOT 158 ESMT. I SEE SHEET 11 II I W v 3 FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINIA SCALE.- 1 " = 50' 1 DATE.• DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane ,**4v Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com NOTE.• SEE SHEET 13 FOR CURVE TABLE AND SHEET 14 FOR EASEMENT LINE AND CURVE TABLES %v MARK D. SMITH No.002009 le (2•Z6v,-0j i _ :o 2185R SHEET 12 OF 14 CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 200. 00" 39'56' 15" 139. 41 ' 72. 67' N 31 ' 17'46" E 136. 60' C2 1500. 00' 04'56'41 " 129. 45 " 64. 77' N 53'44' 14 " E 129. 41 ' C3 250.00' 352628" 154.64' 79.88' S 36'3823" E 152.19' C4 1 250.00' 5205547" 230.95' 124.45' S 07'3244" W 222.82' C5 225.00' 45'40'53" 179.39' 94.77' N 2802527" E 174.68' C6 1525.00' 04056'41 " 131.61 ' 65.85' N 53044' 14 " E 131.57' C7 40.00' 110'34'12" 77.19' 57.74' N 00'5528" E 65.76' C8 275.00' 35'2628" 170.11 ' 87.87' S 363823" E 167.41' C9 275.00' 39'50'09" 191.20' 99.65' S 0005955" W 187.37' C 10 25.00' 45'04' 10 " 19.67' 10.37' S 01 '37'05" E 19.16' C 11 55.00' 281 '54'07" 270.61 ' 44.62' N 63' 12'06" W 69.30' C 12 25.00' 59'4735" 26.09' 14.37' N 4751 ' 10" E 24.92' C 13 225.00' 365232" 144.81 ' 75.01 ' N 0078'53" W 142.32' C 14 40.00' 104'52' 16" 73.21 ' 52.01 ' N 71 '21 ' 18" W 63.41 ' C 15 1475.00' 04'56'41 " 127.30' 63.69' S 53'44' 14 " W 127.26' C 16 175.00' 31 '37'04 " 96.57' 49.55' S 35'27'21 " W 95.35' C 17 225.00' 19'08'07" 75.14' 37.93' S 15'09'04 " W 74.80' C 18 225.00' 18031 '29" 72.75' 36.69' S 33'58'52" W 72.43' C 19 225.00' 08'01 ' 16" 31.50' 15.78' S 47' 15' 15 " W 31.47' C20 1525.00' 01 02247" 36.72' 18.36 S 51 '57' 17" W 36.72' C21 1525.00' 02'5648" 78.43' 39.22' S 54'07'04" W 78.42' C22 1525.00' 00037'06" 16.46' 8.23' S 55'54'01 " W 16.46' C23 250.00' 20'34' 12 " 89.75' 45.37' S 44'04'32 " E 89.27' C24 250.00' 14'52' 16 " 64.89' 32.63' S 2621 ' 18 " E 64.71 ' C25 275.00' 01 '4227" 8.20' 4.10' N 53'30'24 " W 8.19' C26 275.00' 13'26'12" 64.49' 32.39' N 45-56,05" W 64.34' C27 275.00' 13'46'50 " 66.14' 33.23' N 32' 19'34 " W 65.98' C28 275.00' 04' 10'04" 20.00' 10.01 ' N 23'21 '07" W 20.00' C29 275.00' 02'20'55" 11.27' 5.64' N 20'05'37" W 11.27' C30 275.00' 12'5828" 62.27' 31.27' N 12'2555" W 62.14' C31 275.00' 15'07'41 " 72.6 1' 36.52' N 01 '37'09 " E 72.40' C32 275.00' 04' 10' 12 " 20.02' 10.01 ' N 11 ' 16'06 " E 20.01 ' C33 275.00' 07'33'48" 36.30' 18.18' N 1708'06" E 36.27' C34 55.00' 34'2929" 33.11 ' 17.07' N 0605426" W 32.61 ' C35 55.00' 43'3457" 41.84' 21.99' N 32'07'47" E 40.84' C36 55.00' 43'58'20" 42.2 1' 22.21 ' N 7505426" E 41.18' C37 55.00' 435731 " 42.20' 22.20' S 60'07'38" E 41.17' C38 55.00' 47'4234" 45.80' 24.32' S 14' 17'35" E 44.49' C39 55.00' 44'47' 11 " 42.99' 22.66' S 31 '57' 17" W 41.9 1' C40 55.00' 2324'05" 22.46' 11.39' S 66'02'55" W 22.31 ' C41 1475.00' 01 '01 '28" 26.37' 13.19' N 55041 '50" E 26.37' C42 1475.00' 03'55' 13" 100.92' 50.48' N 53' 13'30" E 100.90' FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA -SCALE.- N/A DATE.- DECEMBER 28, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com MARK D. SMITH No. 002009 12185R SHEET 13 OF 141 C FASEMENT CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC 1 275.00' 02' 1825" 11.07' 5.54' . N 55'30'50" W 11.07' EC2 225.00' 02' 13'22" 8.73' 4.36' S 55'28'19" E 8.73' EC3 225.00' I 03'27'30 " I 13.58' 6.79' S 61 '31 ' 14 " E 13.58' EASEMENT LIVE TABLE LINE BEARING DISTANCE EL 1 N 48'01 '50" E 119.21 ' EL2 N 58' 14'08" W 2.86' EL3 S 58' 14'08" E 10.08, EL4 N 76'33'37" E 29.67' EL5 S 31'36'10" E 160.62' EL6 S 2504445" E 87.22' EL S 54'50'04" E 23.32' EL8 N 54'50'04 " W 32.93' EL N 25'4445" W 91.39, EL 10 N 31 '36' 10 " W 153a 04' EL 11 S 76033'37" W 24.44' EL 12 S 48'0 1'50" W 125.54' EL 13 S 35'06'41 " E 24.08' EL 14 S 75' 18'58" E 167.96' EL 15 N 75' 18'58" W 165.94' EL 16 S 07'53'37" W 136.42' EL 17 N 07'53'37" E 132.31 ' EL 18 N 81 '40'04 " W 14.68' EL 19 N 08' 19'56" E 5.21 ' EL20 N 8076' 19 " W 108.53' EL21 S 80'26' 19 " E 109.25' EL22 N 08' 19'56" E 4.78' EL23 S 81040'04" E 15.15' EL24 N 45053' 12 " W 98.07' EL25 N 44'06'48" E 20.00' EL26 S 45'53'12" E 93.77' EL27 N 35006'41 " W 11.19' EL28 N 00'2853" W 139.55' EL29 N 3205227" W 108.09' EL30 S 55'31 '36" W 239.14' EL31 N 3402824 " W 13.27' EL32 S 4926'41 " E 12.18' EL33 S 40033' 19 " W 133.85' EL34 N 01 '07'09 " E 75.8 1' EL35 N 32038'39" W 80.45' EL36 N 63' 14'58" W 20.00' EL37 N 26445'02" E 14.00' EL38 S 63' 14'58" E 22.74' EL39 S 32'3839 " E - 62.44' EL40 N 58024'53" E 14.67' EL41 S 39' 10'03" W 4.84' EL42 S O 1 007'09 " W 32.99' EL43 S 01007'09" W 31.48' EL44 N 61' 17'39" W 25.39' EL45 N 17'24'02" E 118.57' FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 2 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA SCALE.• NIA I DATE. DECEMBER 28, 2009 fotN 1*11OV-1, Founded in 1971 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 www.greenwayeng.com .TH MARK D. SMITH No.002009 l 2'ZG'� 06 or,� 12185R SHEET 14 OF 141 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 January 16, 2015 Randy L. Kepler, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phases 3A, 3B, and 4 Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Kepler: This letter is to confirm that the revised subdivision design plan for Lynnehaven Section III, Phases 3A, 313, and 4 was approved on January 16, 2014. This design plan reflects the phasing of this section for the construction of 32 single- family dwellings within the three (3) phases If you have any questions, please call me at (540) 665-5651. Sincerely, err ark R. Cher Zoning & Subdivision Administrator MRC/pd cc: Christopher E. Collins, Red Bud Magisterial District Supervisor Christopher Mohn and Charles Dunlap, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COMMONWEALTH OF VIRGINIA U }Z J Q U W a to co 2 Cc Ni .I i 1 1 1. LL u In Adrl DC-18 (1/90) I — THIS DEED OF DEDICATION, made and dated this 11" day of March, 2005, by and between MANNING & ROSS DEVELOPERS, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Richard A. Edens, L.S., dated February 1, 2005 known as Sovereign Village, Section 3-B, attached hereto and by this reference made a part hereof as if set out in full, which property is further described on the Final Master Development Plan of Sovereign Village as filed in the Office of the County of Frederick Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by Deed dated October 1, 1999, of record in the Office of the Clerk of the Circuit Court of Frederick County in Deed Book 948 at Page 1760; Manning & Ross, LLC amended its name to Manning & Ross Developers, LLC by certificate duly issued from the State Corporation Commission dated January 11, 2001. WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of single family homes thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, all of which shall constitute a portion of that development known as Sovereign Village, and which common open space/driveway/ and access easement areas shall be owned and maintained by the Sovereign Village Homeowners Association upon the terms and conditions set forth hereinafter: and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Sovereign Village. The subdivision of said real estate, as it now appears on the aforesaid -attached platy is with -the free consent -and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real 1 I estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Sovereign Village Subdivision, Section 3-B lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Richard A. Edens, L.S., dated February 1, 2005 known as Sovereign Village, Section 3-B, attached hereto and by this reference made a part hereof as if set out in full, and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Sovereign Village Subdivision, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to Manning & Ross, LLC, said Deed being of record in the aforesaid Clerk's Office as heretofore recited. For and in consideration as aforesaid, the Declarant does further dedicate all of the streets and Outlot D in Sovereign Village, Section 3-B, to Frederick County, Virginia (hereinafter sometimes referred to as "the County") for public use, which streets and Outlot D are dedicated hereby and are more particularly described by herein above referenced final subdivision plat of Sovereign Village, Section 3-B. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Section 1. "Association" shall mean and refer to Sovereign Village Homeowners Association, Inc., a nonstock Virginia Corporation, it successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space, driveway and access areas, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. 2 0 0 0 c...s Section 3. A LOT" shall mean and refer to any of the lots designated upon the plat of Sovereign Village Subdivision, with the exception of the common areas space and parking areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Sovereign Village Subdivision, as shown on the attached plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. `Declarant" shall mean and refer to Manning & Ross Developers, LLC, its successors and assigns. ARTICLE II Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but no more than fives (5) directors. who must be members ofthe Association. The initial Board_of_ Directors shall be appointed by the DECLARANT and serve until the first annual meeting following conveyance of all of the Lots in Sovereign Village Subdivision without the assignment 3 0 0 Co -r- of Declarants Rights reserved herein; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. TREASURER In the event that the Board of Directors deem it necessary, the Treasurer of the Association shall be bonded, with the expense of such a fidelity bond for said officer to be borne by the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Member's Easement of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas", specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" 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 signed by Members entitled to cast two -third (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not 4 CY C-) C) C-n less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The DECLARANT hereby covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will convey fee simple title to the common open space (referred to herein above as the "Common Areas") to the Association, prior to the conveyance of the first of the Lots in said Subdivision to a grantee other than one which is wholly owned by the DECLARANT. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with interest thereon at the rate of twelve percent (12.00%) per annum and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal. obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth herein above. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the "Common Areas", specifically including, but not limited to pa; Ment of real estate taxes repairs, snow removal, storm drainage repair, maintenance of street lights and payment of all utility charges therefore, and services and facilities devoted to the aforesaid purposes and related 5 I to the use of and enjoyment of the Common Areas" for the maintenance of shrubbery and lawns, including the mowing of all lawns in the "Common Areas"; and further for the purpose of promoting the recreation, health, safety and welfare of the resident in the "Common Areas" of Sovereign Village Subdivision, including payment of all liability insurance premiums for said "Common Areas" and facilities within. Section 3. Basis and Maximum of Annual Assessments: Commencing January 1, 2003, the maximum annual assessment shall be $50.00 per year per Lot; (a) Thereafter, the maximum annual assessment per Lot may be increased above that set forth herein above by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall to apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", 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, 0 O O O _. J written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast Fifty -One percent (51%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to any Lot on the first day of the month following the conveyance of that particular lot to a grantee other than one wholly owned by DECLARANT. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any purchaser for DECLARANT. 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 at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action 7 Co co co cry shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to the Declaration shall be exempt from the assessments created herein; (a) the "Common Areas"; (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: and (d) any and all lots, whether improved or unimproved, owned by DECLARANT. However, no residence occupied as a dwelling shall be exempt from these assessments, regardless of ownership. Section 11. Failure to Maintain "Common Areas": In the event that t h e Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. ARTICLE VI USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. All Lots shall be used for single family residential purposes only. No detached garage or 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 said subdivision. 8 O C:) t.D 3. No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No such dwelling shall exceed two stories above foundation line in height. No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, in ground swimming pool, wooden fences, as hereinafter described; and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper or trailer shall be parked on any of said lots until such time as a home is build on such lot and thereafter, such recreation camper, trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 4. All homes shall have 1,900 square feet of living space except ranch homes, which shall have 1,500 square feet of living space. No split foyer, or modular or prefabricated homes shall be allowed. Living space shall be computed using outside foundation measurements and shall be exclusive of carports, garages and basements. Roof pitch shall be at least 5/12. 5. No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction other than brick, wood, stone, dryvit, or combination thereof, unless otherwise approved by the Architectural Committee. In no event will the exterior surface of any home have less than 200 square feet of stone or brick. No masonite board or log home shall be used on the exterior of any home. Any exterior solar design or antennae, satellite dish, towers, transmitters for radio, television, microwave, or the like, must be screened and approved by the Architectural Committee. In this respect, the Architectural Committee may engage such professional services for review of plans and each lot owner submitting said plans shall pay the reasonable charges made for review by the professional services. 6. After a residence is built on any of said lots, the lot owner shall provide in connection therewith off-street parking space of at last 12' x 50' which will be paved with concrete. 7. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale signs for said Lot not to exceed four (4) square feet in area, or signs used by a builder to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot whatsoever. 8. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, truck or other motor vehicles (other than automobiles, motorcycles, pickup trucks and 3/4 ton (or less) vans) shall be permitted on any Lot except 0 N.is Q during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. 9. No animals of any kind (including livestock, poultry or birds) 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 dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 10. No fence or hedge shall be constructed or erected on any Lot in said Subdivision, without prior approval by the Association. This restriction shall not apply however, to any hedge or fence constructed or erected by the DECLARANT. 11. 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. 12. In the event that a dwelling is destroyed, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. No structure other than a dwelling house of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original home. 13. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Association, as set forth herein above), 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. In the event an Owner of any Lot in Sovereign Village Subdivision shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the Bylaws and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair, or restoration shall become a special assessment upon such Lot. 14. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of anv home, except on 10 0 0 15. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical, television cable and telephone wires. 16. No exterior clothes line, or hanging device, shall be permitted on any Lot. 17. The color of the paint on the exterior of every building on each Lot shall remain the same as the original color. 18. No building, structure, addition nor exterior alteration (including basketball backboards, rims or nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Sovereign Village Homeowners Association as being in harmony with the whole subdivision, especially the adjoining homes. . 19. 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. 20. The DECLARANT reserves the right for itself, its successors and assigns, or an Architectural Committee being itself or appointed by it, its successors or assigns, to reject any and all plans for houses or other structures proposed to be constructed on any lot. The DECLARANT retains the majority vote on the Architectural Committee. The DECLARANT shall constitute the Architectural Committee and shall have the power to appoint its successors in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set forth herein above, but such power in the Architectural Committee shall be solely discretionary. The size of the Architectural Committee shall be determined by the DECLARANT or its duly nominated successors in interest. If the said Architectural Committee, or its duly authorized representative, shall fail to approve or disapprove any proposed plans, specifications, or locations within thirty days after the same have been submitted to the DECLARANT for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Committee, or its duly authorized agent. Any or all of the rights, powers, duties and obligations which, in this instrument, are assumed by, reserved, or given to the DECLARANT, its successors or assigns, or t e said Architectural Committee, may be assigned or transferred to any one or more corporations or associations which will agree to assume said rights, powers, duties, and obligations and carry out and perform the same. Any 11 i FV such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, power, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. In the event of such assignment or transfer, the DECLARANT, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligation in this instrument reserved or given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the DECLARANT, its successors or assigns, and the said Architectural Committee, is so reserved to the end that the rights, powers, duties and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for the purpose of accepting said assignment; and such assignment may be made at such time as the DECLARANT, its successors or assigns, and the said Architectural Committee shall jointly determine. In the event that the DECLARANT fails to appoint an Architectural Committee, or if such Architectural Committee has formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect in the State of Virginia, and in addition, if the plans are for an allowed outbuilding, then such architect shall further certify that the design is homogeneous with the existing structure on said lot. 21. 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 along 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. 22. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise 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. 12 0 co ARTICLE VII EASEMENTS Section 1. Sewer and Water Easement: The property dedicated hereby is subject to that certain easement(s) or right(s) of way designated Sanitary Sewer Easement and Utility Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority, a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement and Utility Easement. Section 2. Access and Driveway Easements: The property dedicated hereby is subject to those certain easements designated Private Access and Driveway Easements which are shown on the aforesaid attached plat, which Easements shall be for the private use of the Lot owners of Sovereign Village, their successors, assigns and invitees. All lot owners shall be entitled to free passage over any sidewalks that are constructed and which run parallel with the streets in Sovereign Village, 3-B, and over any sidewalks so constructed with regard to additional properties added as a part of Sovereign Village. All sidewalks shall be kept free of obstruction and provided further that all owners shall remove snow from the sidewalk that transverses their lot. Section 3. Surface Drainage Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under noobligationto maintain said -Storm-Water-Detention Easement, provided however, that in the event the Association fails to maintain said easement, then, and in that event, 13 O the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provision of Article V, Section 11, herein above. DECLARANT, for a period of five (5) years from the date of conveyance of the first lot in Sovereign Village Subdivision, reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its reasonable predisturbance condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. Section 4. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and within the Utility Easements and Sanitary Sewer Easements, as designated on the attached plat, and over the "Common Areas" as needed. Section 5. Signage Easements: The DECLARANT reserves unto itself, its successors or assigns, the certain signage easement located within the open space running parallel to Senseny Road. The purpose of said signage easement is to erect identification signage for Sovereign Village Subdivision and additional lands added thereto as provided herein and which signage while being originally erected by DECLARANT, shall be maintained by the Sovereign Village Homeowners Association. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, 14 C) 0 cn conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the parry against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Sovereign Village Subdivision. 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. Section 5. Dedication of Street: The DECLARANT does hereby dedicate unto the County of Frederick, Virginia as public streets those certain roadways designated as Murphy Court and Outlot D on the aforesaid recorded plat of Sovereign Village Subdivision, Section 3-B. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being 15 subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, Virginia and the Frederick County Sanitation Authority, by the signature of its agents on the attached plat, do accept the dedications to public domain of the land and easements, respectively, herein described as such. The designated "Common Area" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Sovereign Village Subdivision as provided herein above. ARTICLE IX ADDITIONAL SECTIONS Section 1. Additional sections ("Phases") of Sovereign Village will be added in the future and those sections, as they are added, will become part of Sovereign Village Subdivision, subject to the same provisions as set forth herein and governed by the same property owners association, provided, however, that DECLARANT may amend the land use restrictions, setback requirements, building sizes and any other provisions so long as the same scheme established in Sovereign Village, that being a single family residential lot is maintained. Section 2. The additions authorized under this Article shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and the restrictions of the Declaration (amended as herein permitted) to such property. Section 3. Such Supplementary Declaration may contain such complementary additions and modifications ofthe covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any of the added properties, and as are not inconsistent with the scheme of this Declaration. Except as hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add to the covenants established by this Declaration within the existing property. Section 4. The DECLARANT shall not be and is not bound to make or proceed with the addition of any of the proposed additional sections of Sovereign Village Subdivision. 16 co WITNESS the following signatures and seals: o DECLARANT: Manning & Ross Dev ipers, LLC By: (SEAL) avid ad's ber/Manager STATE OF VIRGINIA, CITY/COUNTY OF WINCHESTER, TO WIT: I, LO f S E . kQ d i'5iY- a notary Public in and for the State and jurisdiction aforesaid do hereby certify that David R. Madison, Member/Manager of Manning & Ross. Developers, LLC, whose names are signed to the foregoing Deed of Dedication dated the' 1 Imo , day of.Ma-1'h/ 05, have personally appeared before me and acknowledged the same in my State and jurisdic ion aforesaid. MAA D "'Given under my hand this 1 y day of March, 2005. 1 1,,, ��, N t y, (My commission expires: 10 - 3) -a o O.S 12195 \ AADEED of Dedication Sovereign Village Sect 3B.wpd 17 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 March 11, 2010 Mr. Brett Kelly Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phase Two - Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Kelly: This letter is to confirm that the plats for Lynnehaven Section III, Phase 2 have been approved. This plat allows for twenty-eight (28) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Please return a recorded copy of the plats to this office. If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/bad cc: Christopher E. Collins, Red Bud Magisterial District Supervisor Christopher Mohn and Philip Lemieux, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue James Micco, Allegheny Power 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME ,,--Candice ,Mark Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd COUZe 111ECOPY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 17, 2007 Mr. Brett Kelly Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phase One - Final Plats Property Identification Number(s) 55-A-206, 208 RP (Residential Performance) Zoning District Dear Mr. Kelly: This letter is to confirm that the plats for Lynnehaven Section III, Phase 1 have been approved. This plat allows for fourteen (14) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. If you have any questions, please call me at (540) 665-5651. Sincerely, Zoning & Subdivision Administrator MRC/bad cc: Jasbo, Inc., PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 29, 2006 Greenway Engineering Attention: Mark D. Smith 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section 3 Phase 1: Final Plats 1" Review Dear Mr. Smith: I have had the opportunity to review the Final Plats for Lynnehaven Section 3 Phase 1, which was received by this office on March 2, 2006. Please address the following comments: 1. On Sheet 4 of 12, merge the Road Buffer with the Building Restriction Line of Lot 101. 2. On Sheet 5 of 12, merge the Road Buffer with the Building Restriction Line of Lot 102. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have attached a marked copy for your reference. If you have any questions, please feel free to call at (540) 665- 5651. Sincerely, Bernard S. Suchicital Planner I BSS/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 rw-" Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 July 17, 2007 Mr. Brett Kelly Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Approval of Channing Drive Right -of -Way Plat (North) Property Identification Number (PIN) #55-A- 39, 208, 206 RP (Residential Performance) Zoning District Dear Mr. Kelly: This letter is to confirm that the plats for Channing Drive have been approved. This plat allows for the right-of-way and easement for the development of Channing Drive. The appropriate construction guarantee and deed of dedication have been received. If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/bad cc: Jasbo, Inc., PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 zs Fa COU Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 June 27, 2005 Mr. Brett Kelly Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Design Plan Lynnehaven Section III Dear Mr. Kelly: This letter is to confirm that the Lynnehaven, Section III, Subdivision Design Plan #06-05 has been approved. This subdivision plan calls for 74 single-family detached urban lots. The signed copies of the plans have been provided to you. In addition to the information provided on the approved design plans, plats should include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. Should you have any questions, please feel free to call. Sincerely, R. Cheran Zoning & Subdivision Administrator MRC/bad cc: Jasbo, Inc., PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 ', �21 CO RICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 June 8, 2005 Mr. Brett Kelly Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Design Plan Lynnehaven Section III Dear Mr. Kelly: I have had the opportunity to review the Lynnehaven, Section III, Subdivision Design Plan #06-05 received by our office on February 14, 2005, and offer the following comments: 1. Need to include the number of pipestems in the development with setbacks. 2. Open space calculations need to be with this development, not adjoining property. 3. Match all BRL with easements. 4. Need percentage of tree save areas. 5. Need trees on pipestem lots. 6. Trees cannot be placed on property lines or easements. 7. Sidewalks need to be five feet as noted on page 18. 8. Need light at stop sign at Lynnehaven Drive. Should you have any questions, please feel free to call. Sincerely, VarkR.an Zoning & Subdivision Administrator MRC/bad cc: Jasbo, Inc., PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 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 in tion: 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'Pa e. 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 thousand (1000) feet of the subdivision. written and graphic scale. day, month and year plan prepared and revised. North arrow. 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 zoningand use of all ad'oinin J g properties and deed book and page number references for each adjoining parcel. V proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 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 arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross 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. location of required setback lines on each lot. location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. signature of the owner or principals certifying ownership of 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. i 12 a APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 1/13/05 Application # (4 '0 Applicant/Agent: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: (540)662-4185 Owners Name: OR Development Address: 36 Ricketts Drive Winchester, VA 22601 Phone: (540) 662-4164 Please list names of all owners, principals and/or majority stockholders: QR Development Contact Person: Brett Kelly or Niki Adhikusuma Phone: (540) 662-4185 Name of Subdivision: Lynnehaven Section 3 Number of Lots: 74 Total Acreage 30.73 Fee Paid 1GCS Property Location: 2000' North of Route 657 (Senseny Road), on the east extension of Woodrow Road (Give State Rt. #, name, distance and direction from intersection) Magisterial District Red Bud -�IMGK COUNTY E NI P'q_`"rPJ' - Property Identification Number (PIN) 55-((A))-206 Property zoning and present use: RP, Agricultural Undeveloped Adjoining property zoning and use: RP, Sin leg Famly Detached Has a Master Development Plan been submitted for this project? Yes ® No ❑ If yes, has the final MDP been approved by the Board of Supervisors? Yes ® No ❑ What was the MDP title? Channing Drive Does the plat contain any changes from the approved MDP? Yes ® No ❑ If yes, specify what changes: Road layout has been slightly modified for better function Minimum Lot Size (smallest lot) 12000 sq. ft. Number and types of housing units in this development: Number 74 Types single family detached Philip�"'Shucet COMMISSIONER r July 16, 2004 Mr. Brett Kelly C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Lynnhaven, Section Three 2000' North Route 657, Senseny Road at Route 1380, Woodrow Road Frederick County Dear Brett: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 This is to acknowledge receipt of your revised plans dated June, 2004 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide five (5) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. All drainage is to be carried within the right-of-way in ditch line or gut e ,ot+ha� a pipe or drainage easement. VirginiaDOT.org WE KEEP V!RGINIA MOVING ,w o-eoa eam Mr. Brett Kelly Ref. Lynnehaven, Section Three July 16, 2004 Pap,e #2 • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attached sketches and VDOT Standard RFD 1. • Private entrances will be installed in accordance with VDOT Standard CG-91). This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. • This approval is contingent upon traffic barriers on Route 1380 being in place until Channing Drive is open to Route 659, Valley Mill Road. Should you need additional information, do not hesitate to call. Sincer *�� = ," ts. Barry J. Sweitzer, Troadway Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Jeremy Camp /41G 1C0 A. �a Control number SD04-0013 Project Name Lynnehaven Sec.3 Phases 1-4 Address 151 Windy Hill Lane Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plarls acceptable as submitted. Frederick LCOL19ty ir,,:,�. and Rescue epar rnent, Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 6/22/2004 7/2/2004 Applicant Greenway Engineering City State Zip Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District 55-A-206 & 208 18 18 Recommendations Automatic Fire Alarm System No Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Red Bud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards Yes Plan Approval Recommended Reviewed By Signature I ' IL 1� Yes Timothy L. Welsh Title Riii��qq���� ��//�� A�ilL OnAL v REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Inspections Department ATTN: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: ven Section Three Location: 2000' North of Route 657 (Senseny Road), on the east extension of Woodrow Road Inspection Department Comments: Code Administrator Signature and Date: (NOTICE TO INSPECTIONS DEPT. THIS FO NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. U � L`(t- - Ti Dwellings shall comply with The Virginia Uniform statewide Building Code and The International Residential 2000 Codes. Backwater valves shall be installed on all plumbing fixtures ,(subject to back sewer), located below the top elevation of the upstream man hole cover. REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, 41h Floor Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 4`h Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: _Greenway Engineering _ 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Lynnehaven Section Three Location: 2000' North of Route 657 (Senseny Road), on the east extension of Woodrow Road Engineer Comments: Signature and Date: (NOTICE TO ENG G DEPT. *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form, location map and all other pertinent information. rCSA GREENWAY ENGINEERING LNOVIS 151 Windy Hill Lane 04 Winchester, Virginia 22602 5 Founded in 1971 TRANSMITTAL. Project Name: Lynnehaven Section Three File No.: 2185R Date: November 17, 2004 To: Frederick County Sanitation Authority Attn: Engineer Director Copied: From: Brett Kelly GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message: Please find atached: 2 sets of revised subdivision design plans as per comments made. Also, please note that sheet 29A has been added to this plan set which contains sanitary and water profiles. These plans show the revised scope of the Channing Drive trunk line that was submitted to your agency earlier in the month. Please feel free to contact either Niki Adhikusuma or myself if you have any questions. Thank you for your assistance in this project. Brett Kelly 'o�.a:✓Y..� .��� ,; _ �" J� ; Wit- �/� /J'!!O> /Vi f 'ID.rl/� Ord s"s'> _ T0 TDTC r� 2,y,F.. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com LA .mac 102 , DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STREET NAME COMMENTS DATE: October 14, 2003 STAFF MEMBER: Marcus Lemasters, irector SUBDIVISION: Lynnhaven revisions COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Lynnhaven subdivision revisions, and has made the following determinations: 1. Scully Court and Heath Court have been previously APPROVED and RI SERVED 2. Renee Js APPR(WED and RESERVED as a road name, however, the "Road- suffix is reserved for roadways that itre cross country state numbered through routes. Therefore a different road name suffix is required for the Renee street name request. Renee Drive is recommended. 2003 —:Ld uV Frederick County Dept of GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 WINCHESTER REGIONAL AIRPORT .--- -___--_. SERVING THE TOP OF VIRGINIA / July 26, 2004 Brett Kelly Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Subdivision Comment Lynnehaven Section Three Red Bud Magisterial District Dear Mr. Kelly: { FEB F The above proposal was reviewed and it appears that the proposed subdivision plan will not impede operations at the Winchester Regional Airport. This proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from over flights of aircraft departing to and from the northeast. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, 6. N-n�ryus Serena R. Manuel Executive Director JUL 2 7 2004 I'l REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS ` Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building, 107, North Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Lynnehaven Section Three Location: 2000' North of Route 657 (Senseny Road), on the east extension of Woodrow Road Parks and Recreation Department Comments: Plan appears to meet open space requirements. Parks Signature and Date: (NOTICE TO PARKS *. RETURN THIS FORM TO APPLICANT.) 6/30/04 NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. ��; JUL 0 2 �nn4 s��dent9 An � c 0 FCP C E� Frederick County Public Schools Administrative Assistant to the Superintendent Greenway Engineering 151 Windy Hill Lane WinchesterVA22602 Attention: Brett Kelly Dear Mr. Kelly: RE: Lynnehaven Section Three Visit us at www.frederickkl2va.us August 30, 2004 e-mail: kapocsis@frederickk1Zva.us This letter is in response to your request for comments on the proposed subdivision plan for Lynnehaven Section Three, Senseny Road area. Frederick County Public Schools has no additional comments at this time. SMK/dkr cc: William C. Dean, Ph.D. Superintendent of Schools Respectfully yours, E Stephen M. Kapocsi Administrative Assistant for the Superintendent n�(��Odmn �0� sEP o i 2004 �� IBy 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 iUEST FOR SUBDIVISION COMMENTS Department of Planning and Development Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: 107 N. Kent Street Fourth Floor Winchester, VA (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach application, fee, location map, and two (2) copies of the site plan with this sheet. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Lynnehaven Section Three Location of property: 2000' North of Route 657 (Senseny Road), on the east extension of Woodrow Road Planning and Development's Comments: Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. LF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WIIAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice David ,� .;�� y� �'� �c,� �A i arl�> Susan Eric COMMENTS: Received by Clerical Staff (Date & Time):w O o o N O m W DATE,", c- 19f®. 8135 RECEIVED FROM ADDRESS ------ JC)LLARS $ FOR ��t iNq � AMT.OF ACCOUNT I CASH AMC. PAID CHECK BALANCE DUE I DRDER I By SUBDIVISION #06-05 LYNNEHAVEN SECTION 3 Red Bud 74 LOTS 30.73 ACRES P*YAS;6- �e4. d