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13-03 Red Bud Run Section 1 and 2 285 Single Family Urban Stonewall - Backfile
aw on - Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: V VDOT -City of Winchester V GIS (Road Name Review) Sanitation Authority VJ A- Health Department Inspections Department Parks & Recreation V Fire Marshal r� County Engineer 2. V . One copy of the subdivision application Application received. to Fee paid (amount: $s� . 000 ) 6 0 -3 Information entered in d-BASE and Reference Manual �• d � ile given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator I Approval letter to applicant/agent 1 p Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment _//�_ /OV Updated d-BASE and Reference Manual 5 b P- . I e--z applo' f )dA-- rM41 fla-t:I _a#(a6ble iven to Renee' -to update Application Action Summary / /�- 3 Final plat(s) submitted with review agency signatures along with: ---------- Recorded deed of dedication --- -- ---- - - - _ --- --__ _ _-� Bond estimate (if required) $ O-\Operations ManuaRsubdivision. irk Rcv W 6/24102 E�� RECEIVED FROM----, ADDRESS FOR RENT A - F C CC CASH MT E ALANCE Ou DUE MONEY ORDER BY - � _LkA - "CCOuNCT � HOW PAID EC -t -- 1 �y 1 1 1 1 ,1 1 1 1 1 , f RECEIVED FROM . 11 ADDRESS m m [] FOR REN� 11 ' 1 FOR AMT.OF ACCOUNT AMT. PAID BALANCE - { DUE DATE _ __ NO. G a iL 1�' — -------DOLLARS $%4 ( )am w CHECK _ =, I U iivIs,o, > _ 1 I MONEY I y �. ORDEfl .� L BY t l the VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO DATE FREDERICK COUNTY SANITATION AUTHORITY zle axe�- �j� DATE l9daG VIRGINIA DEPARTMENT OF TRANSPORTA N '//'C 1� �_��.` f `'� DATE_ OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SUMMIT COMMUNITY BANK AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. -pC3�ri C k n . V;fy, °�- PRINTED NAME & TITLE NOTARY PUBLIC ` STATE OF t V' ; n%a CITY/COUNTY OF y/i 1// & DATE OFFICIAL SEAL NOTARY PUBLIC STATE OF WEST VIRCINIA DEBBIE J. MILLER PO Box 961 PETERSBURG, WV 28847 MYommisslon sxplres August 08, 2o17 OREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON —I- b- ICV BY olv-C I C N. li"\ . li7T (DATE) MY COMMISSION EXPIRES (NOTARY PUBLIC) SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS ; SUBDIVISION IS THE SAME PROPERTY CONVEYED TO 4 SUMMIT COMMUNITY BANK, BY DEED RECORDED AS INSTRUMENT #080014624, AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. .�,TH OF yf U CORY M. HAYNES LIc. No. 2539 ' II`$I1O R PREPARED BY: HAYNES ADAMS ASSOCATES LLC 303 SOUTH LOUDpOUN ST SUITE C WINCHESTER, VA 21601 HAYNES RORMS 540-931-8130 ASSOCIATES « C 540-535-8423 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 4 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: NOV. 25, 2009 REVISED: JAN. 18, 2010 PREPARED FOR: Patton Harris Rust & Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Win ...� Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 7 AREA SUMMARY SECTION 2, PHASE 4 AREA: 5.7914 ACRES AREA IN LOTS: 4.9753 ACRES AREA IN R/W: 0.8161 ACRES HEREBY DEDICATED FOR PUBLIC STREET PURPOSES NUMBER OF LOTS: 17 AVERAGE LOT SIZE: 12,748 SF SMALLEST LOT SIZE: 12,001 SF PARENT PARCEL: 55—A-107C RESIDUAL AREA: 19.8269 ACRES MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR = 25' SIDE = 10' MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM WIDTH AT RIGHT OF WAY = 40' MINIMUM LOT AREA = 12,000 SF ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN NOTES 1. FREDERICK COUNTY PIN: 55-A-107C, ZONED: RP. 2. BOUNDARY INFORMATION AND PROJECT MERIDIAN ARE BASED ON THE PLAT SHOWING DIVISION OF THE LAND OF RABBIT CREEK, LP, ATTACHED TO THE DEED RECORDED AS INSTRUMENT #040001391, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #040001392, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #070006926 AND THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 3 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #090012698, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANELS 51069CO250D & 51069CO240D, BOTH WITH EFFECTIVE DATES OF SEPT. 2, 2009 THE SUBJECT PROPERTY LIES IN "ZONE X" (OTHER AREAS, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN). 4. THE OWNER AND/OR DEVELOPER OF THE SUBJECT PROPERTY SHALL BE RESPONSIBLE FOR SETTING PROPERTY CORNERS PURSUANT TO COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS UNDER THE SUPERVISION OF A SURVEYOR LICENSED IN THE COMMONWEALTH OF VIRGINIA. 5. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. ADJOINING OWNERSHIP INFORMATION PROVIDED HEREIN IS BASED ON INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS PARCEL MAPPING SERVICE DATABASE ON NOVEMBER, 2009. 7. THE DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RED BUD RUN SUBDIVISION ARE ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF DEDICATION DATED JANUARY 23, 2004 RECORDED AS INSTRUMENT #040000013 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 8. SETBACKS AND YARD LINES (BRLs) ARE TABULATED HEREIN (THIS SHEET) AND OTHERWISE REPRESENTED GRAPHICALLY FOR INFORMATIONAL PURPOSES ONLY. SETBACKS AND YARD LINES IN GENERAL (AND CORNER LOTS IN PARTICULAR) ARE AS DEFINED IN THE FREDERICK COUNTY ZONING ORDINANCE AND MAY BE SUBJECT TO REVIEW AND/OR REVISION BY THE FREDERICK COUNTY ZONING ADMINISTRATOR. 9. THIS PROJECT IS SUBJECT TO THE PROFFERS AND CONDITIONS OF RZ #05-02, APPROVED BY THE BOARD OF SUPERVISORS 10/09/02. 10. THIS PLAT WAS PREPARED PURSUANT TO THE SUBDIVISION DESIGN PLAN FOR RED BUD RUN, SECTIONS I & II, LAST REVISED 12/23/03. 11. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 1 AND FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 2 ARE ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926; FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 3 IS ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #090012698, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. O�NI,TH COftY M. � HAYFNESpy Uc. No. 2539Lif � t�l9�to �q4b ��4 R PREPARED I HAYNES ADAMS ASSOCIATES LLC 303 SOUTH LOUppOUN ST SUITE C WINCHESTER, VA 22601 HHYDES NDNIIIS 540-931-8130 ASSOCIATES «C 540-535-8423 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 4 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: NOV. 25 2009 REVISED: JAN. 19, 2010 PREPARED FOR: Patton Harris Rust 8 Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Win ..� Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 2 OF 7 b0i41-1] '10 n O RESIDUAL TM 55-A-107C / RED BUD RUN SECTION 1 INST #040001392 O O� �M Oh 00 CO .10 O ^-Z o^j 130 �o 500' ACTIVE ROAD EFFICIENCY BUFFER 50' INACTIVE ROAD EFFICIENCY 8U � y FFER VA, %I LE PIKE TE 2, *-35,552 SF/0.8161 AC HEREBY DEDICATED FOR PUBLIC STREET PURPOSES GRAPHIC SCALE 0 100 200 400 ( IN FEET ) 1 inch = 200 ft. 19 RED BUD RUN SECTION 1 INST #040001392 rJ CORY M. HAYNES a Lic. No. 2539 � 118 � �0 PREPARED CI HAYNES ADAMS ASSOCIATES LLC 303 SOUTH LOUDOUN ST SUITE C NCHESTER, VA U601 NRYOES REIRMS M-931-8130 ASSOCIATE! LLC 540-535-8423 00 IN kk I/ '\ RED BUD RUN SECTION 1 INST 6040001392 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 4 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"- 200' DATE: NOV. 25, 2009 REVISED: JAN. 18, 2010 PREPARED FOR: a Patton Harris Rust & Associats$ d Engineers Surveyors Planners Landscape Architects cv F P+A 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 4 OF 7 IT 'PA RED BUD SECTION RUN SE � � \ 2 / I PHASE 3 �� 1& \ \OT 13 'NST 0Q90012698 DRN ESMT \ / LOT INST � I \/ 14p I 1090012698 51'18'19"E — -r 1 DR78 1 N ESMT DRN ESMT 1 13 25 I gR� L8 BRL' 1 /f- I I 49 11w m , M W Im �0 �1N 0) r cr° o olao CO LOT 144 °MINI:+ W MI$ i`- aa�^ 0 12,149 SF bIrIZ w I Z r a I w z) cn 1 I LOT 145 1 '01 1 Lo W 1 1 12,294 SF '..� , WI— � ( 1 — w L _ 35' BRL ( 35' BRL z J w 1 (L 20' TAW--10' 0' in 1 ESMT W L2 0 , W !0. r U) `' 0' 70.0 LOT 141 IN LOT 189 1 LOT 190 io at 0 1 .27' i L_0 27.03'.. C1 N6-53'58"W RED BUD RUN SECTION 2 PHASE 1 INST #076006926 DETAIL A SCALE: 1" = 10' 2.7' DRN S58'41'55"E. ESMT /W N ESMT 336.69'(TOT) _ *M_ERLOT DRIVE_ N58.41'55"W- 54' R/W 336.69' N N58'41'55"W 0.5' S/W ESMT 336.69'(TOT) C 5g8a �� i �'' E--. 71.96' 72.75' 46.97' L=19.69 1 0S ♦ � 1 ' WA �\ W 35 BRL \ ` _ I— 35' 35' BRL I r 35' BRL I \ ♦ o U) I I � 1 � ♦m 1 I LOT 187 1 1 1 LOT 188 1 1 1 I LOT 190 12,002 SIF I 1 12,001 SF I �� I LOT 189 �1,01 J 12,961 SIF \�'= ♦? to oloo �lol'0l- Flo 60I_, 12,102 SF mil. Ia'.loc \ ,ml� _ i°0 - 1� o` "R1m m1�1�1m ml;�,�lEn r r �Irio oiI�io ol� to I ( — , •No EsM3 1 L— BRL _ ��..1__BRL_ L T1— BRL�,1 `�-50' "NO CLEARING" I I SEE OE�EE� P ESMT I o L�0.27', 71.98' 72.77' _ _� 54_91' 27.03 I C1 L�-- 7�g w N60*0B'14"W N6'53 330.97 '(TOT) OPEN SPACE „A„ *=35,552 SF/0.8161 AC RED BUD RUN HEREBY DEDICATED FOR SECTION 2, PHASE 1 PUBLIC STREET PURPOSES INST #070006926 GRAPHIC SCALE � IT OF �r o 25 50 100 0 �� �C FINAL SUBDIVISION PLAT RED BUD RUN IN FET i inch so ft. CORY M. HAYNES SECTION 2, PHASE 4 STONEWALL MAGISTERIAL DISTRICT UIc. No. 2539 FREDERICK COUNTY, VIRGINIA SCALE: 1"= 50' DATE: NOV. 25, 2009 REVISED: JAN. 18, 2010 l� p4 PREPARED FOR: Patton Harris Rust 8, Associates PREPARED BY: Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 117 East Piccadilly Street _- 303 SOUTH LOUDST SUITE C WI CHESTEROUN, VA 2�601 } Winchester, Virginia 22601 HRYRES RDRMS 540-931-8130 T 540.667.2139 ASSOCIATES «C 540-535-8423 F 540.665.0493 SHEET 6 OF PHR+A 9009 P I I IRED BUD RUNT SECTION 2, I I I PHASE 3 i P INST #090012698 P ILOT 137 _LOT 138 � LOT 136 ► DRN ES�tT LOT 134 I LOT 135 I I I INST #090012698 11 I " S58'42'37"E 127.81'(TOT) S51'18'19"E S65'0221 E ----- ----- 15`9.�53'(TOT) 7 165.57' (TOT) - � -� "+68.27' 59.54' 10.55,,� 91.73' 85. 9 1 1 01 r 25' BRL -I jo ; III Ih o MT ( I DRN ES I 1-I '� I DRN ESMT 1 1 1 1 ' of gEtl c0 BRL '—``�' OD ix ml L9 I u I w I I BRL IW �o of of Im Ia17 _ N� �o t" I J �I 1"� I I iol I-O m I T 10 LOT 149 mI;- m LOT 148 PnI I I LOT 147 I M I c LOT 146 - "' I w tJ.1, I 12,919 SF o Z I o 1 zo 13,190 SF i t j,,i I o �I ' z I 12,705 SF 11 1 12,699 SF 11 000 Iz I I 11 1 I I I I �,t, III III I aOOL' 5' BRL -J L 35' BRL J L 35' BRL J I L 35_BRL_ J I 1 1 i I 1 SAN ESMT_ .}� -3 32g 6' . - ast' 1 1 (__ -- �er70.00 1 r�n(p Cn N N OX rTj q y :At - C9 I 0 N � C5 v (7L-�--1777 5.OU-V `-2.7' DRN ESMT 336.69'(TOT) 61�L0.5' S/W ESMT F N58'_41'55"W 336.69' 0.5 ESMT S/W *M 5R� RT DRIVE - -- N58'41'55"W 336.69'(TOT) 70.40' 71.19' 1 _- 1 i 20' WAT ESMT 1 i r 35, BRL 1PICO 35' BRL I r 35' BRL J� I m N 1 1 I t rZ m w` LOT 185 11 I LOT 186 I 1 1 LOT 184 z 12,001 SF o10,110,1m 12, 001 SF it I � I _ 1 12.001 SF 1 to 1-00 m o IJ JI o r o 1'� 9 '^ rnI N 1 z olWlvilm ml:-Ir IPA BRL 1 o I r f� o I :° 9 y o c$ I e� aN ICI I� �I BRL eOw _ BRL _ 50' "NO CLEARING" ESMT I 10.49' 60.10� - �� 71.21- -'55.89 " N60'08'14"W N68'S8 TAT) 330.97 '(TOT) OPEN SPACE "A" - *-35,552 SF/0.8161 AC HEREBY DEDICATED FOR PUBLIC STREET PURPOSES D RUN GRAPHIC SCALE 0 25 50 100 ( IN FEET I inch = 50 ft. �LTH OF �f O � rJ CORY M. HAYNES > Lic. No. 2539 H �PREPARED BY HAYNES ADAMS ASSOCIATES LLC 303 SWINCHESTUER� A L601 IlE C NBYOES HORMS 540-931-8130 ASSOCIATES « C 540-535-8423 RED BU SECTION 2, PHASE INST #070006926 T w w w w FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 4 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"= 50' DATE: NOV. 25, 2009 REVISED: JAN. 18, 2010 PREPARED FOR: Patton Harris Rust $ Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 7 OF 7 PHR+A 2009 THIS DEED OF DEDICATION, made and dated this c29 W. of September, 2011, by and between Summit Community Bank, (successor in interest to Red Bud Run, LLC), a West Virginia banking institution, party of the first part, hereinafter called the DECLARANT, (Grantor for indexing purposes), and Frederick County, Vn�iu�'a party of the second part (Grantee for indexing purposes), and The Frederick County Sanitation Authoj* 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 Cory M. Haynes, L.S. dated November 25, 2009, revised January 18, 2010, known as Red Bud Run Subdivision, Section 2, Phase 4, which property is further described on the Final Master Development Plan of Red Bud Run Subdivision as filed in the Office of the County of Frederick Department of Planning and Development and Red Bud Run, LLC is the contract purchaser and developer of the said subdivision. This is a portion of the same real estate conveyed to Summit Community Bank by Deed dated the 30' day of December, 2008, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 08-0014624. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots for the construction of single family homes thereon, and the attached plats show 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, sanitary sewer easements, drainage easements, water easements and sidewalk easements over and across said lots, all of which shall constitute a portion of that development known as Red Bud Run, and which common open space areas shall be owned and maintained by the Red Bud Run 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 Red Bud Run Subdivision, Section 2, Phase 4. The subdivision of said real estate, as it now appears on the aforesaid attached plats, 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 Acf'as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DE® 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 Red Bud Run Subdivision, Section 2, Phase 4, Lots 143 through 149, inclusive, and Lots 184 through 193, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Cory M. Haynes, L.S. dated November 25, 2009, revised January 18, 2010, attached hereto and made a part hereof and by this reference incorporated herein as if set out in frill, and which plats are drawn in conformity with the Final Master Development Plan for Red Bud Run Subdivision, Section 2, 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. For aril in consideration as aforesaid, the DECLARANT does fuaner dedicate all of the streets in Red Bud Run Subdivision, Section 2, Phase 4, to Frederick County, Virginia (liereinafler sometimes referred to as' the County') for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced final subdivision plats of Red Bud Run Subdivision, Section 2, Phase 4 All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions heretofore recorded as Instrument No. 04-0001392 as recited in Article II hereof. ARTICLE I GENERAL PROVISIONS Section 1. Dedication of Street: The DECLARANT does hereby dedicate unto the County of Frederick, Virginia as public streets those certain roadways, containing 0.8161 acres, and designated as a portion of Merlot Drive on the attached plat of Red Bud Run Subdivision, Section 2, Phase 4. The Dedication and Subdivision ofthe land as shown onthe attached plats 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 Audlonty, by the signature of its agents on the attached plats, do accept the dedications to public domain of the land and easements, respectively, herein described as such. Section 2. Reservation of Sidewalk Easement: The Declarant does hereby establish and declare a public sidewalk easement over Lots 143 through 149, inclusive, and Lots 184 and through 193, inclusive, Section 2, Phase 4, being 0.5 feet in width along the front of each lot which shall serve the encroachment of sidewalk onto each lot. ARTICLE II SUPPLEMWrARY DECLARATION OF COVENANTS AND RESTRICTIONS The Deed of Dedication dated January 23,2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as instrument No. 04-0001392, for Red Bud Run Subdivision, Section 1, includes the Declaration of Covenants, Conditions and Restrictions for Red Bud Run Subdivision and which Declaration of Covenants, Conditions and Restrictions are by this reference made a part hereof as if set out in full. 2 WITNESS the following signaftue and seal: It �.•1 :.: �1 Ronald F. Miller, President Commonwealth of Virginia City/County of Flo& i Gam, To -wit: The foregoing instalment was acknowledged before me this 2!5 day of September, 2011 by Ronald F. Miller, as President, a duly authorized officer of Summit Community Bank. Notmy Public / My Commission Expires: Notary Registration #: RUTHANNE S. RUNION NOTARY PUBLIC 245694 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC. 31, 2012 3 ,. `.j 1 �. ;1 '� 1 '� 1 _ 1 1 � � � 1 � VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO DATE 2e*7J01'V-11 FREDERICK COUNTY SANITATION AUTHORI DATE LQO� VIRGINIA DEPARTMENT OF TRANSPOR ON— DATE �0 OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SUMMIT COMMUNITY BANK AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. Y All 0 DATE PRINTED NAME & TITLE OFFICIAL SEAL a NOTARY PUBLIC � � STATE OF WEST VIRGINIA NOTARY PUBLIC DEBBIE J. MILLER * * SB BOX 961 WV STATE OF pETeasBuaa,wv aoear I f �l 1 n I Gt� �'0+ „gym "� My oommiulan upka August Q1,1017 CITY/COUNTY OF ran THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE" ME ON BY try cK I I f- ho. (DATE) (LI), �- /4 � � . JYtib-", (NOTARY PUBLI SURVEYOR'S CERTIFICATION I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME 44 PROPERTY CONVEYED TO SUMMIT COMMUNITY BANK BY DEED RECORDED AS INSTRUMENT #080014624, AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. H PREPARED M HAYNES ADAMS ASSOCATES LLC ;:. 303 SOUTH OUDOUN ST SUITE C WINCH STER, VA 21601 WKS RORMS 540-931-8130 ASSOCIATES «C 540-535-8423 MY COMMISSION EXPIRES: L J "off 0 / % 11�1 OP CORY M. HAYNES Lic. No. 2539 �>r f o7►/09 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 5 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DEC. 07, 2009 PREPARED FOR: Patton Harris Rust & Associates Engineers Surveyors Planners Landscape Architects Win East , Piccadilly Street -� Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 8 PHR+A 2009 AREA SUMMARY SECTION 2, PHASE 5 AREA: 7.7194 ACRES AREA IN LOTS: 6.0385 ACRES AREA IN OPEN SPACE: 0.7080 ACRES AREA IN R/W. 0.9729 ACRES HEREBY DEDICATED FOR PUBLIC STREET PURPOSES NUMBER OF LOTS: 20 AVERAGE LOT SIZE: 13,152 SF SMALLEST LOT SIZE: 12,000 SF PARENT PARCEL: 55—A-107C RESIDUAL AREA: 12.1075 ACRES NOTES 1. FREDERICK COUNTY PIN: 55—A-107C; ZONED: RP. MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR = 25' SIDE = 10' MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM WIDTH AT RIGHT OF WAY = 40' MINIMUM LOT AREA = 12,000 SF ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN 2. BOUNDARY INFORMATION AND PROJECT MERIDIAN ARE BASED ON THE PLAT SHOWING DIVISION OF THE LAND OF RABBIT CREEK, LP, ATTACHED TO THE DEED RECORDED AS INSTRUMENT #040001391, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #040001392, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #070006926 AND THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 3 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #090012698, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANELS 51069CO250D & 51069CO240D, BOTH WITH EFFECTIVE DATES OF SEPT. 2, 2009 THE SUBJECT PROPERTY LIES IN "ZONE X" (OTHER AREAS, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN). 4. THE OWNER AND/OR DEVELOPER OF THE SUBJECT PROPERTY SHALL BE RESPONSIBLE FOR SETTING PROPERTY CORNERS PURSUANT TO COMMONWEALTH OFWRGINIA AND -FREDERICK COUNTY REGULATIONS UNDER THE SUPERVISION OF A SURVEYOR LICENSED IN THE COMMONWEALTH OF VIRGINIA.. 5. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. ADJOINING OWNERSHIP INFORMATION PROVIDED HEREIN IS BASED ON INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS PARCEL MAPPING SERVICE DATABASE ON NOVEMBER, 2009. 7. THE DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RED BUD -RUN SUBDIVISION ARE ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF DEDICATION DATED JANUARY 23, 2004 RECORDED AS INSTRUMENT #040001392 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 8. SETBACKS AND YARD LINES (BRLs) ARE TABULATED HEREIN (THIS SHEET) AND OTHERWISE REPRESENTED GRAPHICALLY FOR INFORMATIONAL PURPOSES ONLY. SETBACKS AND YARD LINES IN GENERAL (AND CORNER LOTS IN PARTICULAR) ARE AS DEFINED IN THE FREDERICK COUNTY ZONING ORDINANCE AND MAY BE SUBJECT TO REVIEW AND/OR REVISION BY THE FREDERICK COUNTY ZONING ADMINISTRATOR. 9. THIS PROJECT IS SUBJECT TO THE PROFFERS AND CONDITIONS OF RZ #05-02, APPROVED BY THE BOARD OF SUPERVISORS 10/09/02. 10. THIS PLAT WAS PREPARED PURSUANT TO THE SUBDIVISION DESIGN PLAN FOR RED BUD RUN, SECTIONS I & II, LAST REVISED 12/23/03. 11. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 1 AND FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 2 ARE ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926; FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 3 IS ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #090012698, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA, LEGEND: TM TAX MAP INST INSTRUMENT R/W RIGHT OF WAY BRL BUILDING RESTRICTION LINE SF SQUARE FOOT AC ACRES S/W SIDEWALK ESMT EASEMENT WAT WATER SAN SANITARY DRN DRAINAGE (L CENTERLINE * TOTAL AREA HEREBY DEDICATED FOR PUBLIC STREET PURPOSES OP O.F I'f v CORY M. HAYNES Lic. No. 2539 l2,J67/oq l'I� SUR FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 5 STONEWALL MAGISTERIAL DfSTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DEC. 07, 2009 PREPARED FOR: Patton Harris Rust & Associates PREPARED BY: Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 303 SOUTH (65 ST SUITE C 117 East Piccadilly Street wINCIi 'VA6 1 + Winchester, Virginia 22601 HURES RDRMS 540-931-8130 T 540.667.2139 ASSOCIATES LLC 540-535-8423 F 540.665.0493 SHEET 2 OF PHR+A 2009 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 275.00 43'23'01" 208,23' 109.39' S83'05'17"E 203.29 C2 248.00 43'23'01" 187.78' 98.65' S83'05'17"E 183.33 C3 302.00 43'23'01" 228.67 120.13' S83'05'17"E 223.25 C4 575.00' 36*39*17' 367.85' 190.47' N86'27'09"W 361.61 C5 602.00 36 39'17" 385.13' 199.41' N86'27'09"W 378.59 C6 548.00 36'39'17" I 350.58' 181.52' N86'27'09"W 344.63 C7 1548.W 173'14' 1 13.27 6.63' N67'25'54"W 13.27 LINE TABLE LINE BEARING LENG7H1 LINE I BEARING LENGTH 1-1 N5 ' 3" 41.40' L9 S ' 7-15" ' L2 1'19' L10 N83'5 '29"W 00. ' L3 S75 9" 1-11 85 '48"W 6 B' L4 1' L12 8 0' 7"W ' L5 L13 7"W ' L6 L14 9' ' L7 L15 7 'S ' 3" 3 ' L8 1'1 '09" L16 I N5853'52*E 66' f PARCEL C f OPEN SPACE LOT 157 0 FESMT 2 20' SAN ESMT I INST #07p006926 f INST #070006926 TO REMAIN —� f TO REMAIN I SAN ESMT L4 % i 5.73' 9.61' 125.58' - ... C2 26.11' J� ! LOT 158 20' SAN ESMT N rye` ` ? ! INST #070006926 TO REMAIN � � ! L2 N ESMT LLD, �- 20' SAN ESMT INST #D70006926 ------- ,�0 ME/Q SHADED PORTION a `OT HEREBY VACATED /?/ I/F DETAIL 1 — SEE SHEET 5 SCALE: 1 "=10' 70.47'--' - �OTAL) 205.70" (TOTA i25i13.94 L6 20' WAT ESMT 3.24' � � I 70.00' LOT 176 g o LOT 177 8 Z ( o LOT 178 u) 1 w C) Z I p uj (j, m z o I (nn in lin ouCD i NZ~ DETAIL 2 - SEE SHEET 6 SCALE: 1 "=30' TH OP U CORY M. HAYNES a Lic. No. 2539 th.� SUR .,aO PREPARED BY: HAYNES ADAMS ASSOCIATES LLC 303 S U��}}{{ LLOU OUN ST SUITE C NCHESTFR, VA &SO IA RDRI5405384ASSOCIATE8 LLC -5-23 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 5 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DEC. 07, 2009 PREPARED FOR: Patton Harris Rust & Associates Engineers Surveyors Planners Landscape Architects PHPA117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 +F 54093,665.0493493 SHEET 3 OF 8 PHR+A 2009 24 88 11 �'A 45 VAS => GRID D_ NORTH 23 69 �, 12 �1� ,� NAD 83 5 70 �p� 100 �� 47 101 '� sa 71 194 102 98 72 103 193 73 97 142 104 141 192 74 = �/ 98 J 105 140 75 O ^ 95 +� 143 191 1� O� 139 78 �(� �:V 84 144 Zy 190 107 138 77 �� 93 145 b 189 108 137 Q:-J=`� 78 92 146 Q .' 136 �. I 188 109 M 147 O 79 91 1 Iry 35 iy�g1 QQ�� 187 110 O QZ�7^N 148 4, so 90 134 Qj (ni p, 186 6 149 81 133 �4V2� / 185 89 ........:.::::::... 82 Be ' 1651i�Y, A l i "ll 11i Ili RESIDUAL '`i'Y;�},,.• ;Mll 86 sl iia 1 1i" TM 55—A-107C w ! is 84 _ ii'il�lf`i�rr s'liiil�l!`;: F 85 MR! i;ifll ii Sv iS- vi ' Ti ciP f` 225 lir, �iCiiii:` -Mi -'' �:!"":: i'!ii�l!Ilillliia� �rl it �;'il�ll(til lsl'si :,Lrt: lii f,: 1 224 228!!1!!!t,!r!::�;::ma!�!!!i!:;ivii RED BUD RUN ii; s "!sT ! 223 si<jlliillilfli;!71i;i!jil?il!i SECTION 2, PHASE 1 ,,i:E:rai!::.,:,a. INST 070006928 = " °'!!" iia^ 222 u9' iljl j ! i .!!i. 228 il!i118;,1i;i! a!i!lil!I!&t` R 1.Til 229 221 't;ili'lllt"ICiiilllq! °`j'i�l Ikf 220 197 ,jii^I;iF!.. '•IilJ; le 1il 196 195 M oor DRiw 215 216 RESIDUAL 217 Q TM 55—A-107C 218 219 M R°'�► � GRAPHICo SCALE 400 �p,T,TH pF ( IN FEET) 1 inch = 200 ft. U CORY M. HAYNES `a Uc. No. 2539 ►Z�D7�o9 ' SUR�'.0- H PREPARED OCI HAYNES ADAMS ASSOCIATES LLC 303 SOUTH LOUDOUN ST SUITE C WINCHESTER, VA 22601 HHYOES HORMS 540-931-8130 ASSOCIATES LLC 540-535-8423 184 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 5 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA SCALE. 1"-200' DATE DEC. 07. 2009 PREPARED FOR: Patton Harris Rust & Associates 1 Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Win + Winchester. Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 4 OF 8 ® PHR+A 2009 N73'27'59"w 63.00' (TOTAL) ." tcl /c 1N %% L \ rn� `�2t?h O BRL 1 �O o 1y LOT 157 YZ w� /LOT 158 I 1 II 13.355 SF �, to 12,060 SIF II 1 Iwl o< v, u7 w L 35- BRL _I-`�SAN trSM1 _ i� 20' CID FD g �T pR _ _ - L3 sE�T/o Rv _ SECT/ N / N SEE SHEET 3, _ DRN ESMZ cn PygSE 62,& DETAIL 1 FOR N �� w 7�5, �,ESMT TIE - �_ _ OR'� �,, to R0�>FrSR w �'_0.5' sew N C1 *MER5��R op B + j, ESM T "�,L C3 Ls621A' I L:g2.74L=62.74' o ---,A wAT r ESMT IRA- BRL I- 35' BRL— r \ �No ^tom I C I 11 oa � o N� LOT 173 I, N I I N I LOT 175 m\ �` N 12,733 SF J M p �1 a+�0s o=1MIN l� LOT 174 of 0 13.646 SF r\ *-/ 0oI,(d 12,361 SF Ia►1wI ��cn SRL � I- L15 BRL r � 1 DRN 11 (� b C�Fq'0 0 o ESMT 1 DRN ESMT INST #070006926 10. � 1 3g 1 I 1 16.67' Ss' ; 60.22 83.78' N77'05'49"W 239.49' (TOTAL) S76'01'18"W 183.03' (TOTAL) OPEN SPACE "A" RED BUD RUN SECTION 2, PHASE 1 INST #070006926 *=42,379 SF/0.9729 AC HEREBY DEDICATED FOR PUBLIC STREET PURPOSES. GRAPHIC SCALE 0 25 50 100 ( IN FEET ) T H OF j'l CORY M. HAYNES Lic. No. 2539 1 inch = 50 ft. R PREPARED BY: HAYNES ADAMS ASSOCIATES LLC 303 SOUTH LOUDOUN ST SUITE C WINCHESTER, VA 21601 RRYRES RDRRIS 540-931-8130 ASSOCIATES «C 540-535-8423 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 5 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA SCALE: 1 "=50' DATE: DEC. 07. 2009 PREPARED FOR: Patton Harris Rust & Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 540.665.0493 SHEET 5 OF 8 PHR+A 2009 � :`S•�,�DRN £S RESIDUAL INST #0 00p6926 TM 55-A-107C .Z ` � 3C Nj ljjj>14`99. p �:00'S94 OrAC� N85-29.07"E T0Tg4 3.76' (TOTAL) I 41.80' � 1 1 1 i SEE SHEET 5 DRN ESMT IN 1 O NROL PARCEL C 1 00 '1 OPEN SPACE �z 1� 30,839 SF Nrs*� INIA Cl) LOT 156 01 W I $i l0 15,054 SF �I N�gs ED �,lu, �I N DRN ESMT I 1 1 o INST #070006926 I 1 _ 1 I a t I 35' BRL AV�N o z DRN F,�MT _ _ �L 1 1 SEE SHEET 3, DETAIL 2 SAN ESMT LI r FOR ESMT TIES & �-__ r-- �0 _ 70.47' L5 VACATIONS i L4 - 5 r ` 208.70' (TOTAL) N7FS E t- w 1`C2 0.5'', s/w ffsMT *WIE�LOT 1 �312�_ _ ;-R W N7208t7o 54 � v' I— �— - ESMT C� DRI� rn ' I TOTAL - w 0.5' S/w �SMT m N751S12 208.70 C3 , 70.00 -70.00' L=40.45�_ 2%04 20' WAT �i 1 i , ESMT 36 BRL -r i I— 35' BRL I i 35'—BRL 113 5 13.5' 12.18, I I I 1 I LOT 178 LOT 177 1 12,106 SF Wi. I LOT 176 i 1 i I 12.189 SF I �I�lo OII 13,425 SF ^Io �i �i I I v'-1c,Io� n r" �_ p,LTH op of I i °'-1' 1 _ � I I IQ r I m 1 III (5I 1) —BRL_ ` i 1 i I BRL 7.24' — IL U CORY M. HAYNES - — Lic. No. 2539 �.50' ONO „ 113.5 1DRN ESMT -- 1 LlO?�09 CLEARING i 1 ii INST #070006926 P 110 ESMT i 38 t' �I - 62 74� � �- S[TRV 1 L- _-10.01��_-----__S71'37 TO AL) 88.97 8��� 148.26 .76'01'18�W 183.03' (TOTAL) _______ FlNAL SUBDIVISION PLAT 20' SAN ESMT RED BUD RUN INST #070001121 SECTION 2, PHASE 5 *=42,379 SF/0.9729 AC GRAPHIC SCALE STONEWALL MAGISTERIAL DISTRICT HEREBY DEDICATED FOR 0 25 50 100 SCALE, F'1RE E ICK COUNTY, DEC. KIA 2009 PUBLIC STREET PURPOSES. ( IN FEET) PREPARED FOR:- 1 inch = 50 Pt. Patton Harris Rust & Associates PREPARED BY: Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 117 East Piccadilly Street 303 SOUTH LOUOUN ST SUITE C ]L;:11 Y WINCHES , VA 0601 + Winchester, Virginia 22601 ASSOCIATES S OES HDBOIS 50 535-8423 T 540.667.2139 ASSOCIATES LLC 540.665.0493 SHEET 6 OF 8 U:127-WiTiV, I L07 133 LOT 134 J RESIDUAL TM 55-A-107C ED BUD RUN I SEC ON 2, PHASE 3 INS. #09001269 8f i I � OiAl�e�,,� 565•p 21'E 133.i3' 1 5g5'3�,35 E 2p5• -Z.Flo 46.�'_- .6.29T, Q _ _ + �� 86'g4 - J— PD I 1 1 OR�1r��T I $I CA t ` BRL la LOT 149 v lo- L 2 1 rn o o f w� w I o LOT 150 j ao z 1 LOT 151 co l b NIA 13.490 SF Q Z, o 14,421 SF � I J-I °;<I' ml c Cq = N \ - LOT 152 r r- m r- ri 14,156 SF 1 ' I i I •-13 m C14 pRN 1 1 I l l c°'v pLLJ 0 1 2O 10' 10' 35 BRL J I L _ 35' BRL - It U w �� 35 gR1- I 1 SANIO 1 SMT 1 L11 IvNi -� =66.2L1fr--L i '---- ,- 4�66 $' '...CS ;� 0.5' s/W 1 MER o7� DR. w L-25.48' ESMT RED N *MERLOT DRIVE aUD RUN _ o SECTION w 0010 - 54' R/w G4 1n' PHSE TI N 12'& N / 0.5' S/W ESMT', C7 ES 3 & 4 C6 T - 4. L-80.17' N �- i 1, .. 20' WAT ESMT 1 1 3 �i I i 5' BRL —35' BRL LOT 184 cq N1100 to I 1 LOT 182 I N1 wIa LOT 183 j N� rn 12,001 SF �I a 12,003 SF o IM Z ° ► �� I i I �i^C*q 1 � o °- y- t ___-- BRL _-L_- I m j '-� N m ci c10' b i 1 N & 1 0O Z LIJ BRL DRN w ESMT CROW "NO - 1 `LESMT EARING 1 1 1 1;0 1 8.65' ..� 48.44' _07' N68 58'28"W 102.51' (TOTAL) �07.3$ OPEN SPACE "A" *-42,379 SF/0.9729 AC HEREBY DEDICATED FOR PUBLIC STREET PURPOSES. GRAPHIC SCALE 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. RED BUD RUN j,TH 0 SECTION 2, PHASE )'+ F INST #070006926 ' --mob �;AFINAL SUBDIVISION PLAT U CORY M. HAYNES �P- RED BUD RUN Lic. No. 2539 SECTION 2, PHASE 5 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 "-50' DATE: DEC. 07, 2009 IZlo?/o1 PREPARED FOR: Patton Harris Rust & Associates PREPARED BY: Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 117 East Piccadill Street 303 SOUTH LWDOUN ST SUITE C JL, y WINCHESTER, VA 2�601 L -�- Winchester, Virginia 22601 NAYOES RORMS 540-931-8130 T 540.667.2139 ASSOCIATES « C 540-535-8423 540.665.0493 SHEET 8 OF 8 PHR+A 2009 attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in confomuty with the Final Master Development Plan for Red Bud Run Subdivision, Section 2, 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. Run Subdivision, Section 2, Phase 5, to Frederick County, Virginia arreinafter sometimes refined to as "the Couny) for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced final subdivision plats of Red Bud Run Subdivision, Section 2, Phase 5. All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions heretofore recorded as Instrument No. 04-0001392 as recited in Article II hereof. ARTICLE I GENERAL, PROVIRONS Section 1. Dedication of Street: The DECLARANT does hereby dedicate unto the County of Frederick, Virginia as public streets those certain roadways, containing 0.9729 acres, and designated as a portion of Merlot Drive on the attached plat of Red Bud Run Subdivision, Section 2, Phase 5. The Dedication and Subdivision ofthe land as shown onthe attached plats iswith the flee 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 sig-due of its agerds on the attached plats, do accept the dedications to public domain of the land and easements, respectively, herein described as such. Section 2. Reservation of Sidewalk Easement: The Declarant does hereby establish and declare a public sidewalk easement over Lots 150 through 158, inclusive, and Lots 173 and through 183, inclusive, Section 2, Phase 5, being 0.5 feet in width along the front of each lot which shall serve the encroachment of sidewalk onto each lot. ARTICLE II SUPPLIIV EWARY DECLARATION OF COVENANT'S AND RESTRICTIONS The Deed of Dedication dated January 23,2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as instrument No. 04-0001392, for Red Bud Run Subdivision, Section 1, includes the Declaration of Covenants, Conditions and Restrictions for Red Bud Run Subdivision and which Declaration of Covenants, Conditions and Restrictions are by this reference made a part hereof as if set out in full. 2 WITNESS the following signature and seal: nWroIrr:1;11_yI� Ronald F. Miller, President Commonwealth of Virginia City/County of Frt°�Ck- , To -wit: 2 The foregoing instnunent was acknowledged before me this , day of September, 2011 by Ronald F. Miller, as President, a duly authorized officer of Summit Community Bank. 4646 otary Public My Commission Expires: - 2�21 Notary Registration RUTHANNE S. RUNION NOTARY PUBLIC 245694 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC. 31, 2012 3 .+y aia.'hN9WF�l1'n ,i 44. 1: hY:1YlrF Cvw." .. '. n, •n., a.'.,l}e" tr,Fi4Sw,�PxdY+-�?. ,.r .. , .. v t' ,.�. ... sM. .v k'.. '. ♦. ':, Y.�'wta. "`-.:: - F'iW+1RC�1? ' .. J.J.... -Olt�u +� 5`' . 1 s�'. •'"t r,'dyr' �a we,.4l.'�, . %! ^S�.h �+'B"3+ r;'.,'a"" . J�'f':,.•,. a COMMONWEALTH OF VIRGINIA 1At� 1A ;�44"tPF'CTAL RECEIPT FREDEF:;.B EIRCUIT COURT � RE? RECEIPT SATE° !V181�;'' TIME: I4:47:54 ACCOUNT: 00CERO000269E R-CEIP': 0cf 03 E347A oi Q CASHIER• SSM R'=H: WE0 TYPE: a0y-PEPAYMENT.° F1 : PA Ma T INSTRUMENT ngnr�leeEB BOOS:: PANE: RECOFDEi1: 111I810° AT I4:4" GRANTOR: SUMMIT COMMUNITY BANS: ch N X : CO SRANTEE: FREDERICK COUNTY VIRf�INIA I : N ACT: 1"%X AND ADDRESS _ _CEI nDEED: E�Ei t AVc C_�_y : DATE O� D1 2 _ 11109,Y `CHECK: � $36.O0 DESCPIPTION 1: ST GIST PAHES: 13 "rP 0 RED BUB RUN.. SEC c. RN .3 NAMES: — CONSIOERA T I;,N: AA ANA=. .�i:f o FAN: stf {xiDEEDE Tr } NOLrsG.r A^4 ^^ TENDERED 6.0A AMOUNT PA M "146, _:,AN,. ANT CI -ERA, O. , , _..,.. k P. _ �_ DC-18 (1/90) 0900126918 Ia pk THIS DEED OF DEDICATION, made and dated this day of November, 2009, by and between SUMMIT COMMUNITY BANK, (successor in interest to Red Bud Run, LLC), a West Virginia banking institution, 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 Cory M. Haynes, L.S. dated June 29, 2007, revised May 26, 2009, known as Red Bud Run Subdivision, Section 2, Phase 3, which property is further described on the Final Master Development Plan of Red Bud Run Subdivision as filed in the Office of the County of Frederick Department of Planning and Development and Red Bud Run, LLC is the contract purchaser and developer of the said subdivision. This is a portion of the same real estate conveyed to Summit Community Bank by Deed dated the 30`h day of December, 2008, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 08-0014624. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots for the construction of single family homes thereon, and the attached plats show 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, sanitary sewer easements, drainage easements, water easements and sidewalk easements over and across said lots, all of which shall constitute a portion of that development known as Red Bud Run, and which common open space areas shall be owned and maintained by the Red Bud Run Homeowners Association, Inc. upon the terms and conditions set forth hereinafter: and, Page 1 of 4 12956 Red Bud Run \ AADeed of Dedication Red Bud Run section 2 Phase 3.doc WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Red Bud Run Subdivision, Section 2, Phase 3. The subdivision of said real estate, as it now appears on the aforesaid attached plats, 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 Red Bud Run Subdivision, Section 2, Phase 3, Lots 101 through 110, inclusive, Lots 133 through 142 inclusive, and Lot 194, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Cory M. Haynes, L.S. dated June 29, 2007, revised May 26, 2009, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in conformity with the Final Master Development Plan for Red Bud Run Subdivision, Section 2, 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. For and in consideration as aforesaid, the DECLARANT does further dedicate all of the streets in Red Bud Run Subdivision, Section 2, Phase 3, 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 plats of Red Bud Run Subdivision, Section 2, Phase 3. Page 2 of 4 12956 Red Bud Run 1 AADeed of Dedication Red Bud Run Section 2 Phase 3.doc All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions heretofore recorded as Instrument No. 04-000 1 392 as recited in Article II hereof. ARTICLE I GENERAL PROVISIONS Section 1. Dedication of Street: The DECLARANT does hereby dedicate unto the County of Frederick, Virginia as public streets those certain roadways, containing 1.08000 acres, and designated as a portion of Merlot Drive and a portion of Morlyn Drive on the attached plat of Red Bud Run Subdivision, Section 2, Phase 3. The Dedication and Subdivision of the land as shown on the attached plats 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 plats, do accept the dedications to public domain of the land and easements, respectively, herein described as such. Section 2. Reservation of Sidewalk Easement. The Declarant does hereby establish and declare a public sidewalk easement over Lots 101 through 110, inclusive, and Lots 133 through 142, inclusive, and Lot 194, Section 2, Phase 3, being 0.5 feet in width along the front of each lot which shall serve the encroachment of sidewalk onto each lot. Page 3 of 4 12956 Red Bud Run \ A:\Deed of Dedication Red Bud Run section 2 Phase 3.doc 0 to ARTICLE II SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS The Deed of Dedication dated January 23, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0001392, for Red Bud Run Subdivision, Section 1, includes the Declaration of Covenants, Conditions and Restrictions for Red Bud Run Subdivision and which Declaration of Covenants, Conditions and Restrictions are by this reference made a part hereof as if set out in full. WITNESS the following signature and seal: DECLARANT: SUM OMM A B • d4 Ronald F. iller COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this day of November, 2009, by Ronald F. Miller, a duly authorized officer of Summit Community Bank My commission expires S '3 + - Q)A . N,ls„I.!!!!!!Re P !!y !! �� PF9 y� .y�0 Of 138923 Q O �0 = 2 LTH C;S Notary Public Page 4 of 4 12956 Red Bud Run \ AADeed of Dedication Red Bud Run Section 2 Phase 3.doc APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR., f dyrs�/ c77S. DATE FREDERICK COUNTY SANITATION AUTHORRIT Tom' .r 1� ATE r VIRGINIA DEPARTMENT OF TRANSPOR !ON �U 2� d9 D E OWNER'S CONSENT THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SUMMIT COMMUNITY BANK AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. DATE PRINTED NAME & TITLE SANDRA F. RYAIY NOTARY PUBLIC 271525 COMMONWEALTH OF VIRGINIA NOTARY PUBLI ru MY COMMISSION EXPIRES NOV 30,2012 k STATE OF CITY/COUNTY OF THE MOING NSTRU NT WAS ACKNOWLEDGED BEFORE ME ON6J-2Z�Z"R BY w (DA ) r MY COMMISSION EXPIRES U�Z ( TARY PUBLIC) SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO SUMMIT COMMUNITY BANK BY DEED RECORDED AS INSTRUMENT #080014624 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. NI,T H v CORY M. HAYNES Lic. No. 2539 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 3 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JUNE 29, 2007 REVISED: MAY 26, 2009 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHBA+F Winchester, Virginia 22601 T 540.667.2139 540.665.0493493 SHEET 1 OF 8 C 3 z IM I N c 00 1-1 0 M 00 N m 0 0 a` 0 n to Co N 0) 0 n Co N PHR+A 2009 AREA SUMMARY SECTION 2, PHASE 3 AREA: 7.0297 ACRES AREA IN LOTS: 5.9497 ACRES AREA IN R/W: 1.0$00 ACRES HEREBY DEDICATED FOR PUBLIC STREET PURPOSES NUMBER OF LOTS:, 21 AVERAGE LOT SIZE: 12,341 SF SMALLEST LOT SIZE: 12,002 SF PARENT PARCEL: 55—A-107C RESIDUAL AREA: 25.6183 ACRES MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR = 25' SIDE = 10' MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM WIDTH AT RIGHT OF WAY = 40' MINIMUM LOT AREA = 12,000 SF ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN NOTES 1. FREDERICK COUNTY PIN: 55'—A-107C ZONED: RP. 2. BOUNDARY INFORMATION AND PROJECT MERIDIAN ARE BASED ON THE PLAT SHOWING DIVISION OF THE LAND OF RABBIT CREEK, LP, -ATTACHED TO THE DEED RECORDED AS INSTRUMENT #040001391 AND THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #040001392, BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP COMMUNITY PANEL 510063 0120B WITH AN EFFECTIVE DATE OF JULY 17, 1978 THESE PROPERTIES LIE IN "ZONE C" (AREAS OF MINIMAL FLOODING). 4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. 5. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. ADJOINING OWNERSHIP INFORMATION PROVIDED HEREIN IS BASED ON INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS PARCEL MAPPING SERVICE DATABASE ON MAY, 2009. 7. THE DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RED BUD RUN SUBDIVISION ARE ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF DEDICATION DATED JANUARY 23, 2004 RECORDED AS INSTRUMENT #040000013 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 8. SETBACKS AND YARD LINES (BRLs) ARE TABULATED HEREIN (THIS SHEET) AND OTHERWISE REPRESENTED GRAPHICALLY FOR INFORMATIONAL PURPOSES ONLY. SETBACKS AND YARD LINES IN GENERAL (AND CORNER LOTS IN PARTICULAR) ARE AS DEFINED IN THE FREDERICK COUNTY ZONING ORDINANCE AND MAY BE SUBJECT TO REVIEW AND/OR REVISION BY THE FREDERICK COUNTY ZONING ADMINISTRATOR. 9. THIS PROJECT IS SUBJECT TO THE PROFFERS AND CONDITIONS OF RZ #05-02, APPROVED BY THE BOARD OF SUPERVISORS 10/09/02. 10. THIS PLAT WAS PREPARED PURSUANT TO THE SUBDIVISION DESIGN PLAN FOR RED BUD RUN, SECTIONS I & II, LAST REVISED 12/23/03. 11. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 1 ATTACHED TO DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 12. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 2 ATTACHED TO DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. TH OF Ar v CORY M. HAYNES Lic. No. 2539 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 3 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JUNE 29, 2007 REVISED: MAY 26, 2009 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 2 OF 8 © PHR+A 2009 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING CHORD C1 35.00' 95'50'40" 58.55' 38.77' N83'03'40"W 51.96' C2 35.00' 84'52'25" 51.85' 32.00' S06'34'47"W 47.23' C3 35.00' 88'05'55" 53.82' 33.86' S86'56'03"E 48.67' C4 977.00' 4'02'29" 68.91' 34.47' S44'54'19"E 68.90' C5 153.00' 15*17'41" 40.84' 20.54' S56'39'50"W 40.72' C6 967.00' 1'20'40" 22.69' 11.35' S73'25'52"E 22.69' C7 950.00' 2.29'11" 41.23' 20.62' N34'15'55"W 41.22' C8 900.00' 20*22'14" 319.98' 161.70' N43'12'26"W 318.30' C9 940.00' 20'42'39" 339.78' 171.77' N63'44'53"W 337.94' C10 977.00' 2'50'06" 48.34' 24.18' S34'26'22"E 48.34' C11 873.00' 20*22'14" 310.38' 156.85' S43'12'26"E 308.75' C12 913.00' 20'42'39" 330.02' 166.83' S63'44'53"E 328.23' C13 967.00' 20'42'39" 349.54' 176.70' S63'44'53"E 347.64' C14 927.00' 20'22'14" 329.58' 166.55' S43'1226"E 327.85' C15 923.00' 1 2'07'01" 1 34.10' 17.05' S34'04'50"E 34.10' LINE TABLE LINE BEARING LENGTH L1 N18'17'46"E 42.69' L2 N52'44'34"W 23.01' L3 N61'35'23"W 85.46' L4 N06'58'45"E 15.40' L5 N83'01'15"W 15.12' L6 N16'49'16"E 51.81' L7 N55'32'55"E 3.78' L8 N34'27'05"W 18.00' L9 S55'32'55"W 4.00' L10 N43'56'40"W 11.89' L11 N38'57'08"W 319.29' L12 N58'26'34"W 377.27' L13 N76'42'49"W 75.08' L14 S55'18'24"E 52.20' L15 N46'09'57"W 80.07' L16 N48'30'04"W 69.16' L17 S17'28'1 YE 73.57' L18 S51'36'02"E 72.07' L19 S34'21'54"W 1.16' L20 S50'45'53"E 241.23' L21 N34'21'54"E 1.12' L22 N55'38'06"W 20.00' L23 S34'21'54"W 0.98' L24 N44'32'30"E 4.00' L25 N45'38'38"W 18.00' L26 S44'32'30'W 4.00' L27 S45'3543"E 99.18' LEGEND: DB, PG DEED BOOK, PAGE INST INSTRUMENT NUMBER R/W RIGHT OF WAY BRL BUILDING RESTRICTION LINE SF SQUARE FOOT AC ACRES S/W SIDEWALK ESMT EASEMENT WAT WATER SAN SANITARY DRN DRAINAGE CENTERLINE * TOTAL AREA HEREBY DEDICATED FOR PUBLIC STREET PURPOSES Y O 3 DFINAL SUBDIVISION PLAT i RED BUD RUN SECTION 2, PHASE 3 STONEWALL MAGISTERIAL DISTRICTOFREDERICK COUNTY, VIRGINIA C4SCALE: AS SHOWN DATE: JUNE 29, 2007 0v CREVISED: MAY 26, 2009 0 Patton Harris Rust & Associates 00 Engineers. Surveyors. Planners. Landscape Architects. rn117 East Piccadilly Street��A Winchester, Virginia 22601 Li PMR T 540.667.2139 a 0 Ul N PHR+A 2009 F 540.665.0493 SHEET 3 OF 8 I sf. RED BUD RUN SECTION 1 INST #040001392 _ LOT 9 LOT 91 LOT 92 `LOT 9 LOT 94 LOT 95 RED BUD RUN �-.0 i LOT 96 SECTION 1 /// LOT 97 INST #040001392 / lb LOT 98 LOT 99 LOT 12 Nbl O��V RESIDUAL �rl. TM 55—A 107C \ / N ! �Q LOT 23 �' LOT 47 RED BUD RUN ` SECTION 1 INST #040001392 OPEN SPACE "A" RED BUD RUN SECTION 2, PHASE 1 INST #070006926 RED BUD RUN \ SECTION 1 INST #040001392 ELT H v CORY M. HAYNES Lic. No. 2539 51z�/o9 GRAPHIC SCALE gV 0 100 200 400 ( IN FEET ) 1 inch = 200 ft. 0 z 0 Nc < < z in >II I.OT INDEX LOTS SHEET 108-110 & 133-135 8 105-107 & 136-138 7 102-104 & 139-141 6 101 142 & 194 5 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 3 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: JUNE 29, 2007 REVISED: MAY 26, 2009 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 4 OF 8 C) cn CA) v+ 3 �i I N 0 m D 1n O M M CO N 0) O O L Q Y O T L ) 1-1 0 M 00 N O) i O M CO N i 0 W 0 o' C_ n PHR+A 2009 I ' FEED BUD RUN f �N SECTION 1 0) INST #040001392 -0 Uj0 I r `t LOT 12� " r p cn N z l S40 59,OQ E 141.47 (LOT" 98.95' F-25' BRL7 =3 I -1 LOT 101 0:l .� m 12,695; SF 0° �I20' ch ESMT AT L35' BRL DRN - ESMT 3 � N M w N 0 Q � 3r- PV) rn Uj o N N3Lv J cn 0' in oY, z L=2.93'0. 3 C85, S .W ESMT b C11 c7 M 0 t 20' SAN N ESMT C10 =4 C' S• 0.5' S/W ESMT 16 LL11 0 L1 L=18.31' �' 0 DR N ESMT S37'17'05"E 5 35' BRL 4.11 L6 � 0.5, 0.5' W� 3w 3 w3 N (n I Nw I d a 0-LO 3O � p t� \ ;_ I O N L1J I Z I m o w l 4m a' in 1 � I'm o 0) rn 1_L I w 0_ M C5 (n I N— (�t816-16' 00ww`SRLJ to � uz L N2530,, ti �sr 168 38,�TOrW * = 1.0800 AC (TOTAL) HEREBY DEDICATED FOR PUBLIC STREET PURPOSES 7' 1 27' 54.00' co N LOT # T 0.5' S/W ESMT%7' (TYPICAL) R/W TYPICAL SIDEWALK EASEMENT DETAIL SCALE 1"=10' S> �TF RED BUD RUN SECTION 1 INST #040001392 MORLYN DRIVE 54' R/W jNST #040001392 ESMT �5' S/W ESMT INSS #04 N N L3 SAN ESMT 04 o — BRL —1 0 35 w o 3 �\ r Of N LOT 194 ml � M L � Im 13,464 SF N LOT 47 3 b ruj N L 25' BRL S 3T34'12" E 44.61 (TIE) z0' \ N37_25'29"W 105.81' *MERLOT DRIVE QL 20' DRN 54' R/W ESMT° RESIDUAL TM 55—A-107C �p ,TH of Tr V CORY M. HAYNES Lic. No. 2539 s Izb`o� GRAPHIC SCALE l�04 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. OPEN SPACE "B" / RED BUD RUN SECTION 1 INST #040001392 3 .D Pi I N 0 m In 0 to ro Co N a) 0 0 a` Y FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 3 0 STONEWALL MAGISTERIAL DISTRICT V) FREDERICK COUNTY, VIRGINIA N SCALE: 1" = 50' DATE: JUNE 29, 2007 0 REVISED: MAY 26, 2009 0 Patton Harris Rust & Associates 00 Engineers. Surveyors. Planners. Landscape Architects. N 117 East Piccadilly Street 0 PHPA+F Winchester, Virginia 22601T 540.667.2139a 5404930.665.04930493 � SHEET 5 OF 8 co ul (C) PHR+A 2009 L I � s� I I I � I 9�F I I I yyo�c�,o I RED BUD RUN 01P SECTION 1 I INST #040001392 r ' LOT 98 — 'rLOT 99 I o S4325'21"E DRN ESMT INST ¢#040001392 0 LOT 100 I w C _198.67' TOT 89.73' —770.39' z I ---- C V) .— 2rS2r3s• 0' - J �j02' r25' BRL r —"' 25' BRL S 6 02' S42.59'00'E I 42.52 13I I I �S �I J LOT 104 _ LOT 103 eRC �--- Nlm 12,341 SF ml N M m 12,125 SF 25 BRL _ b IJ rn N I I� F I N^ I� LOT 102 m I� I 12,099 SF ,� L35' BRL J- I 35' BRL J Ui L 0I 0 ,-35' BRL cn AT _ J � ESMT ' Li L2L24 L=� 7L=78.04' ' �v I - c4EL=6.00' C14 N DRN 4 0.5 956L1J 7' S/W ESMT *_ORL LLj _ _ -� C$ YN DRIVE N 54o5' C11 + Sew ESMT ��=86.50' 10, L-82. 90, — L11 I r 35' BRL 5' BRL — 'a� I 10i-- (Z 20' SAN 35, BRL 00 I� w 3 ESMT I3 I 0° z 'too LOT 140 N LOT 141 N I� LOT 139 . o 1� ,M - 12,002 SIF m I "� �I 12,034 SIF JI P 12,072 SF N o - u) m v1 b 0 b m co mo' � 4 � 6R .J DRN ESMT Z ' 1 L15 co BRL `o DRN ESMT I 77.13' 30 6 L14 69.72' N51'18'19"�N 159.53'(TOT) N2SS0, \?�2 68 38,("b"w N RESIDUAL TM 55—A-107C * = 1.0800 AC (TOTAL) HEREBY DEDICATED FOR PUBLIC STREET PURPOSES � �NLTH of P v CORY M. HAYNES >' Lic. No. 2539 5 Jze-lbI p4 GRAPHIC SCALE 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. YWI I— LLJ LLJ 0 LEI LLJ 0) FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 3 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 = 50 DATE: JUNE 29, 2007 REVISED: MAY 26, 2009 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PHP 3 v ri N 0 m D (N 0 M M 00 N 0) v Q Y 0 0 i 0 M 00 N rn i 0 m N 117 East Piccadilly Street �- U Winchester, Virginia 22601 0 T 540.667.2139 F 540.665.0493 / SHEET 6 OF 8 d: 0 PHR+A 2009 1= L 9 9� 2 � .90� �O It" °� RED BUD RUN I SECTION 1 INST #040001392 I LOT 94 LOT 95 I LOT 96 I LOT 97 — —" ��-DRN ESMT S58'42'24"E INST #040001392 419.64'(TOT) _ _ S43- _ 8988' 83_73' _ 48.71' 3g Sgs'21 "e — 25 BRL 25' BRL 25' BRL -� J 31 I �I 3 I I J Co o, m LOT 107 m ,. - m LOT 106 0: a M I o 12,095 SF ^ m I. 12,099 SF ml N ^ I m LOT 105 J 3 rr �" o ;n o o 0 N o 12,762 SF N N�I IN ^I IN ^I oV,N 00 35 BRL J I L BRL W 20' WAT ESMT J I 35 BRL w (n DRN ESMT L22 L21 Ljj L=78.19' L-29.53' LLJ 49.40' , to 0. 13S/W ESMT 1'23 L=8.60S5323'34"E 76.22' L=51.26' Cs *MORLYN DRIVE N C14 54' R/W S53 23'34"E 0.5 S/W ESMT L19 L=12.89' 76.22' C8 C12 DR N ESMT r` CCL 207.SAN ESMT L=25 353 23'34"E 76.22' N L12 _ 48.55' 27.67' L12 ' L=52.1 C11 BRL I 35 BRR j— 5 BR _ Co pp in m LOT 136 m I� o a co I m LOT 137 �I I u� a ^ l0 12,276 SF.o 12,104 SF m to -,'3 m LOT 138 m N M � ^I � I 0 iv 12,093 SF � o' ^ z. F- LLJ LLJ 07 LL] LLJ U) N L18 1 O O om25' BRL 25BRL r-157.88' BRL DRN ESMT w 69.93' 12.6 63A9"7o N58'42'37W 128 N65`0221W oM 245.71'(TOT) RESIDUAL N51*18'19"W a 159.53'(TOT) Y TM 55—A-107C T �PLTH OF FINAL SUBDIVISION PLAT Z RED BUD RUN SECTION 2, PHASE 3 * = 1.0800 AC (TOTAL)'~�'� STONEWALL MAGISTERIAL DISTRICT 00 HEREBY DEDICATED 0 CQRY M. HAYNES FREDERICK COUNTY, VIRGINIA N FOR PUBLIC STREET UDTE: PURPOSES Lic. No. 2539 SCALE: 1" = 50' REVISED: 29,JMAY 26, 2009 0 SIZ.6109 Patton Harris Rust & Associates N Architects. Engineers. Surveyors. Planners. Landscape Arc. o, GRAPHIC SCALE 4 i 0 25 50 100 117 East Piccadilly Street 0 SUR RA Winchester, Virginia 22601 LLJ ( IN FEET) PH T 540.665.0493 a_1 inch = 50 ft. F 540.665.0493 SHEET 7 OF 8 a PHR+A 2009 F7 1 / RED BUD RUN - SECTION 1 -- / INST #�040001392 � LOT 90 � [ F"N ESMT L01- 91 1 �#040001392 S72-20.53"E S58 T 9\ / d 58.10, 419 42242 \ /NST ESMT I ,' 23 56' 64 (ToT4 0 25 BRL � 9 3 / B4) � \ 3 I / 25' \ yCor� I I BRA 89 03' NMarLOT 110 D o T m 12,317 SF Z co co ='� M I oZ z o/ v o m LOT 109 = I I `^°l0 12,039 SFCOY U) 3 —, 51 I N b LOT 108 / /m /^ 12,091 SF m 20 WAT ESM/Noy O C6 L-6g.50' N / 3g' B /� C13`"- o *MORC Y 0.5' s/W ESMT �2.4p• / — DRIVE j 0 54' R/ o — C9 N o �>> 23. .5' SSCjj W ESM' 0 S' N \ S L=75.92' � ��' ESMT L13 Li? 738 05, S ,^ /W 35' Cyr ESMT .. BRL 20• � .94' C72 i•� I 120' r Sq^r CV I ESMT SAN I I %r 35' BRL w r,, I LOT 133 / I BRL �4v m 12,132 SF J' LOT 134 / / � to m M o 12,071 sF /3 LOT 135 / /o COO ^ / Z 9 12,553 SF / Cj 2`L� 6,.64' J / 2 1' 59,211 W 245 >>>�TOT TM S SjOUgC ) 61.77, A..107C _A NN - * = 1,0800 AC (TOTAL) HEREBY DEDICATED FOR PUBLIC STREET PURPOSES � �NLTH OF N l v CORY M. HAYNES Lic. No. 2539 5/Z6/09 O GRAPHIC SCALE �9 p25 50 100 i ( IN FEET ) 1 inch = 50 ft. FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 3 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: JUNE 29, 2007 REVISED: MAY 26, 2009 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHBA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 8 OF 8 PHR+A 2001 Co �i CO V1 ,,;itil.4: FRE:DERICKCOUNTY.SCT'. This instrument of writing was produced to me on 1I- / 8-G9 at ` / . r PA and wii;a of u: t,cknm0cd,;emcnt thereto annexed was admitico, u, rccord. Tax imposed by Sec. 58.1-802 of s N IA and 58.1-801 have been paid, if assessable. 4&e4t 1 , Clerk CD 110002461. M THIS DEED OF DEDICATION made and dated as of the 5 h day of March, 2011, by and between SUMMIT COMMUNITY BANK (Successor in interest to Red Bud Run, LLC), a West Virginia banking institution, 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 FREDERICK COUNTY SANITATION AUTHORITY; party of the third part (Grantee for indexing purposes). RECITALS: WHEREAS, the Declarant is the owner in fee simply of the real estate shown on the attached plats drawn by Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, known as Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8, respectively, which property is further described on the Final Master Development Plan of Red Bud Run Subdivision 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 Summit Community Bank by Deed dated the 30`h day of December, 2008 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 08-0014624. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots for the construction of single-family homes thereon, and the attached plats show accurately the metes and bounds of the subdivided land, together with the dimensions of o each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, sanitary sewer easements, drainage easements, water easements and t ' sidewalk easements over and across said lots, all of which shall constitute a portion of that A •m m I- 6 .: > > development known as Red Bud Run, and which common open space areas shall be owned and c v maintained by the Red Bud Run Homeowners Association, Inc. upon the terms and conditions r u Y a 3 set forth hereinafter, and, m� 00 WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. The subdivision of said a real estate, as it now appears on the aforesaid attached plats, is with the free consent and in accordance with the desires of the undersigned Declarant, and the Declarant hereto further a 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. Page 1 of 4 12956 Red Bud Run 1 A-0ft-d of Dedication.doc pk!j J O O NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefit which will accrue by reason on this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Red Bud Run Subdivision, Section 2, Phase 6, Lots 159 through 172, inclusive, Red Bud Run Subdivision, Section 2, Phase 7, Lots 116 through 128, inclusive, and Red Bud Run Subdivision, Section 2, Phase 8, Lots I I I through 115, inclusive, and Lots 129 through 132, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, respectively, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in conformity with the Final Master Development Plan for Red Bud Run Subdivision, Section 2, 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. For and in consideration aforesaid, the Declarant does further dedicate all of the streets in Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8, to Frederick County, Virginia (hereinafter sometimes referred to as the "County') for public use, which streets dedicated hereby are more particularly described by the aforesaid referenced final subdivision plats of Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions heretofore recorded as Instrument No. 04-0001392 as recited in Article II hereof. ARTICLE I GENERAL PROVISIONS SECTION 1. Dedication of Street: The Declarant does hereby dedicate unto the County of Frederick, Virginia, as public streets those certain roadways, containing 0.7354 acre in Section 2, Phase 6, designated as Merlot Drive and Morlyn Drive; 0.5845 acre in Section 2, Phase 7, designated as Morlyn Drive; and 0.3866 acre in Section 2, Phase 8, designated as Morlyn Drive, all of which is shown on the attached plats of Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. Page 2 of 4 12956 Red Bud Run 1 AADeed of Dedic®tion.doc The Dedication and Subdivision of the land as shown on the attached plats 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 plats, do accept the dedication to public domain of the land and easements, respectively, herein described as such. SECTION 2. RESERVATION OF SIDEWALK EASEMENT. The Declarant does hereby establish and declare a public sidewalk easements over each lot in Section 2, Phase 6, Phase 7 and Phase 8, as shown on the plats of survey drawn by Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, attached hereto and by this reference made a part hereof as if set out in full, being 0.5 feet in width along the front of each lot which shall serve the encroachment of sidewalk onto each lot. ARTICLE II SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS The Deed of Dedication dated January 23, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0001392 for Red Bud Run Subdivision, Section 1, includes the Declaration of Covenants, Conditions and Restrictions for Red Bud Run Subdivision and which Declaration of Covenants, Conditions and Restrictions are by this reference made a part hereof as if set out in full. WITNESS the following signature and seal: DECLARANT: SUMMIT COMMUNITY BAIyK By: Patrick N. Frye, Sr. Vice President and CCO COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 0 �/ -day of March, 2011, by Patrick N. Frye, Senior Vice President and CCO of Summit Community Bank. Page 3 of 4 12956 Red Bud Run \ A:\Deed of Dedicatioo.doc O O My commission expires: _ ?Jcl N Registration No.: 7 D l) Page 4 of 4 12956 Red Bud Run 1 A.XDeed of Dedicaraoadoc Notary Pu lic Tw VICINITY MAP SCALE: 1' - 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATE FREDERICK COUNTY SANITATION AUTHORI DATE /fat" VIRGINIA DEPARTMENT OF TRANSPORT ON `�' �.- s-.-.� f "�, DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SUMMIT COMMUNITY BANK AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. DATE PRINTED NAME & TITLE OFFlCtAL SEAL NOTARY PUBLIC NOTARY PUBLIC STATE OF WEST ViRGINIA STATE OF yl/!S% DEBBIE J. MILLER Po Box 961 CITY/COUNTY OF 6Z,(,j f ' w..-. ' w� o Q �o�BURG. WON WYy,ra� �r THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 777,o ARi�k nl, gw, (DATE) UdUA_ MY COMMISSION EXPIRES (NOTARY PUBLI SURVEYOR'S CERTIFICATION I, CORY M. HAYNES, A DULY �LTH OF LICENSED LAND SURVEYOR IN G THE COMMONWEALTH OF Q� ✓,p VIRGINIA, HEREBY CERTIFY TO G� THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE U CORY M. HAYNES 9 PROPERTY CONTAINED IN THIS LIC, No. 2539 SUBDIVISION IS THE SAME PROPERTY CONVEYED TO SUMMIT COMMUNITY BANK BY DEED RECORDED AS lg� 104L INSTRUMENT #080014624, AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. R PREPARED BY: HAYNES ADAMS ASSOCIATES LLC 303 SOUNT�,i, JSOUDOU A STD ITE C NA uCC�,40-99=311-8811302 NH1 KS RDRRIS ASSOCIATES LLC .IKS35-8423 FINAL SUBDIVISION PLAT RM OW MM SECTION 2, PHASE 7 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DEC 1$ 2009 PREPARED FOR: Patton Harris Rust i Assoei11too Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Win + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET i OF 6 PHR+A 2009 r� AREA SUMMARY SECTION 2, PHASE 7 AREA: 4.3244 ACRES AREA IN LOTS: 3.7399 ACRES AREA IN OPEN SPACE: 0.0000 ACRES AREA IN R/W: 0.5845 ACRES HEREBY DEDICATED FOR PUBLIC STREET PURPOSES NUMBER OF LOTS: 13 AVERAGE LOT SIZE: 12,532 SF SMALLEST LOT SIZE: 12.015 SF PARENT PARCEL- 55-A-107C RESIDUAL AREA: 2.8819 ACRES 0 MINIMUM SETBACK REQUIREMENTS o FRONT = 35' ar REAR 25' SIDE = 10' MINIMUM LOT WIDTH AT SETBACK 70' MINIMUM WIDTH AT RIGHT OF WAY = 40' MINIMUM LOT AREA = 12,000 SF ALL LOTS ARE SINGLE FAMILY DETACHED - URBAN NOTES 1. FREDERICK COUNTY PIN: 55-A-107C, ZONED: RP. 2. BOUNDARY INFORMATION AND PROJECT MERIDIAN ARE BASED ON THE PLAT SHOWING DIVISION OF THE LAND OF RABBIT CREEK, LP, ATTACHED TO THE DEED RECORDED AS INSTRUMENT #040001391, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #040001392. THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #070006926, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANELS 51069CO250D & 51069CO240D, BOTH WITH EFFECTIVE DATES OF SEPT. 2, 2009 THE SUBJECT PROPERTY LIES IN "ZONE X' (OTHER AREAS, AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOODPLAIN). 4. THE OWNER AND/OR DEVELOPER OF THE SUBJECT PROPERTY SHALL BE RESPONSIBLE FOR SETTING PROPERTY CORNERS PURSUANT TO COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS UNDER THE SUPERVISION OF A SURVEYOR LICENSED IN THE COMMONWEALTH OF VIRGINIA. 5. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. ADJOINING OWNERSHIP INFORMATION PROVIDED HEREIN IS BASED ON INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS PARCEL MAPPING SERVICE DATABASE ON NOVEMBER, 2009. 7. THE DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RED BUD RUN SUBDIVISION ARE ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF DEDICATION DATED JANUARY 23. 2004 RECORDED AS INSTRUMENT #040000013 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 8. SETBACKS AND YARD LINES (BRLs) ARE TABULATED HEREIN (THIS SHEET) AND OTHERWISE REPRESENTED GRAPHICALLY FOR INFORMATIONAL PURPOSES ONLY. SETBACKS AND YARD LINES IN GENERAL (AND CORNER LOTS IN PARTICULAR) ARE AS DEFINED IN THE FREDERICK COUNTY ZONING ORDINANCE AND MAY BE SUBJECT TO REVIEW AND/OR REVISION BY THE FREDERICK COUNTY ZONING ADMINISTRATOR. 9. THIS PROJECT IS SUBJECT TO THE PROFFERS AND CONDITIONS OF RZ #05-02, APPROVED BY THE BOARD OF SUPERVISORS 10/09/02. 10. THIS PLAT WAS PREPARED PURSUANT TO THE SUBDIVISION DESIGN PLAN FOR RED BUD RUN, SECTIONS I & II, LAST REVISED 12/23/03. 11. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 1 AND FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 2 ARE ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926; FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 3 IS ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #090012698, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. LEGEND: TM TAX MAP �, INST INSTRUMENT Dr�� R/W BRL RIGHT OF WAY BUILDING RESTRICTION LINE SF �o��PLTH SOUARE FOOT �+ "�ti• AC S/W ACRES SIDEWALK U CORY M. HAYNES 9 FINAL SUBDIVISION PLAT ESMT EASEMENT Uc. No. 2539 RW �b MAI WAT SAN WATER SANITARY 12�10lO'� SECTION 2, PHASE 7 DRN DRAINAGE �q� STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CL CENTERLINE SCALE AS SHOWN DATE DEC. 18, 2009 • TOTAL AREA HEREBY DEDICATED SO JUK " FOR PUBLIC STREET PURPOSE PREPARED FOR: N PREPARED. Patton Harris Rust & Associates Engineers Surveyors Planners Landscape Architects NAYNES ADAMS ASSDClATES LLC 303 SOUTH LOUDOUN ST SLATE C 117 East Piccadilly Street ON WA iW + Winchester. Virginia 22601 � N"w NDNIIIS 540-931-8130 T 540.667.2139 ASSOCIATES u C 540-535-8423 F 540.665.04935HEET 2 OF 6 PHR+A 2n0g Vol CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Ct 770.00' 10*06'22" 135.81' 68.08, S81'38'31'E 135.64' C2 743.00' 10'06'22" 131.05' 65.70' N81'38'31"W 130.88' C3 797.00' 0'31'39" 7.34' 3.67' S76'19'31"E 7.34' C4 797.00' 10'06'22" 140.58' 70.47' S81'38'31"E 140.40' LINE TABLE LINE BEARING LENGTH L1 N84'42 45 E 40.97 L2 S81'01 06 E 135.70 L3 N62'0619 E 140.11 L4 S85'O9 04 E 138.00 r4o Aj,T HI �F 4Grp UCORY M. HAYNES a Uc. No. 2539 �Zr�a1at %1644t SM;O R PREPARED M HA`MES AOAYS ASSOCIATES LLC 303 SOUTH LOIMUN ST STE C NCHESTER, VA U601 > rnEs NOSASSOCIATES 5535-84 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 7 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA SCALE: AS SHOWN DATE DEC. 18, 2009 PREPARED FOR: Patton Harris Rust i Associates Engineers Surveyors Planners Landscape Architects T 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 3 OF 6 PHP+A 9nna 24 VA STATE GRID NORTH be 1t 45 2.3 NAD 83 ��)' 12 :�^ 46 76 100 47 1O lal O 71 99 9B 102 194 co 72 103 73 97 142 193 104 74 J2 3 98 105 141 192 75 �JQ 95 1a6 140 143 t91 130 � h� 94 144 190 3, 77 �� 107 1>s 03 100 IJ778 145 J2 Qe /89 92 1 136 OJOy� in 79 109 1a p 81 135 - y 90 110 JO Qr ~� 148so 134 (b h' iB6 81 as ��tIOh 149 133 1w 185 i50 184 82 so 151 163 83 87 PJMMAL 7N 55—A-107C 162 54 as 152 153 lei u5 ED UD RUN 190 ` 2 �4 elp� 224 118 128- . 154 SECTION 2, ASE 5 �e0 a 2{ R£D BUD RUN 223 t17 it 127 186 179 % $� y SECTION 2. PHASE 1 INST #070006926 - 119 f 126 0 178 222 156 228 .--.�,....y r--- - - 177 ` 119 1 !. 125 222 121 —.— _ — PARCEL C 176 120 124 220 _ 157 117 11 175 4 /� 121 - 1 — _ 158 W (V 122 174 �i tw 159 z Q: MOr �RI 163 161 161 160 175 2i5 _s j � 172 2+e e 217 O 218 h 2$9 171 ? F O Of 170 185 169 166 167 lag Mpf?�� s/� RO � Ss \ H GRAPHIC SCALE a�4� k 0a 0 Igo 2400 orb �16 RNALLSSUBDDIIVI OPLAT IN RM 1 inch oo ft. U CORY M. HAYNES SECTION 2, PHASE 7 Uc. No, 2539 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1L1j0j09 SCALE. 1*-200• DATE: DEC. 18, 2009 lq�04 PREPARED FOR: R SUIV Patton Harris Rust III Assoc]22601 PREPARED BY. Engineers Surveyors Planners Landscape Arc HAYNES ADAMS ASSOCIATES LLC 303 SOUTH �Q�Q�JN ST SUITE C t t7 East Piccadilly MNCHESTER, VA &Ot } Winchester. VirginiaNRYRES RDRRIS 540-931-8130 T 540.667.2139 A96OCIAtt6 1LC 540-535-8423 F 540.665.0493SHE CL9 PHR+A 200A RED BUD RUN SEC 2, PH 1 l LOT 22�j INST #070006926 o LOT 196 ' DUR/3HI0E'SMT 86L.5OT'38221 LOT 220E Is TMa 5769Y6IT 5 p 1 N 25, r—WDRN -= — I 1 r 25' BRL I U N O' I L j r 25' BRL I 1 I I 1 LOT 121 I I 1 1 0~ z o1 12,266 SF ► j I I i ► ' -' --)a h'� I� I 1 I LOT 120 W 1 LOT 119 �p m�-jI',Wrl, I 12.223 SF �I�I�lix 12,015 SF o N m f m o mom ml- oIm meo m~ W ? MORLYN RED BUD PliSECT ON oIZ1�lo rl DRN ESMT Z r ._ 3sINSr BRL oosy26 ( 1 20' ►yqr ESMT I L 35_BRL _ 1 L 35_BRL_ J I 1 1 1 1 �L-90.94' in 1 ORI VE 02 L-40.11' 0 44.56'� 75.00' _ RUN' N86.41'42'W 335.63' (TOTAL 2 - *_jam N 0.5' S/W ESMT & 6 *MORLYN DRIVE 335.63' C3- —s-- o C4 0.5' S/W ESMT 54� R/W Soo 41 42 E- L-2 38' DRN ESMT c _ �' S86'41'42'E 335.63' TOTAL 55.63 0 70.00' L-67.08' N 135—BR�_ _ _ 1 8 1 20' SAN ESMT i 1 /a 35' BRL 1 I r 35' BRL i 1 I- 35' BRL q S N ESMTI 1 I I I 1 0� 10 !�, LOT 122 3l 1 1 1 11 f I;1 -� ' �m IZO52 SF m pjl 4�m LOT 123 I; ' i LOT 124 1 Im LOT 1 � VV rn j 2' to o P I,o 12,699 SF �i 12,925 SF ; Io 483 olr v, mlg�m Imm a I' ('n�~I^ ol� .^ to of l I I ICI L� 2S BRL j 9 I 1 I I ��.._ 8p , 1 INST ESM11 ` I N7 4 �. 006926L 4 4s•�,W \ 82.1g.73.23/ DRN ESMT LOT 162 N7549Z. 1 RED BUD RUN, SEC 2, PH 6 W -E 48.32' 1 N78.18' 33 'Nr i43. g• - 70.7g• l PARCEL C (rorAL) ` OPEN SPACE LOT I RED BUD RUN t 156 0 SEC 2, PH 5 i *-25.460 SF/0.5845 AC HEREBY DEDICATED FOR PUBLIC STREET PURPOSES. ** = DRN ESMT INST 0070006926 SHADED PORTION (WITHIN DEDICATED R/W) HEREBY VACATED GRAPHIC SCALE 2s so 100 ( IN FEET ) I inch - 50 ft. O#OrAZ,TH �F �f�P CORY M. HAYNES a Lic. No. 2539 ' Iz�Is1o4 ' R PREPAREDAS BY: HAYNES AOAYSASSOCIATES LLC 303 SjQjWVA WE C RMS ADWS �54y 5�4a�-9'31-8`130 AS SOC1A Tits LLC —C5-823 FINAL SUBDIVISION PLAT RED ow mm SECTION 2, PHASE 7 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'-50' DATE: DEC. 18, 2009 PREPARED FOR: Patton Harris Rust i Associates Engineers Surveyors Planners Landscape Architects PF117 Eost Piccadilly Street A+T Winchester. Virginia 22601 540.667.2139 F 540.665.0493 SHEET 5 OF 6 PHR+A RED BUD RUN SEC 2, PH 1 t RED BUD RU to IINST #070006926 i SECTION 1 00 LOT 223 LOT 224 iINST #0400013 2 LOT 222 — — , —r— — MS8618'52'L4O.0O* 1 — DRN ESMT 86'S9 38E22� 2-70.0075.46N ESMT t f 25' BRL~ 1 I 25' BRL 1 r 25' BRl 1 1 1; III III II jl I11 I11 II I"'! IJLOT 117 KIWI I�LOT 116 W LOT118 J• a I� '� m mI- Im mI m 12,637 SF m I m I m 12 069 SF 1 C4 . 12,03B SF m n I� I_ Oltt� 01 CV I� I' m zlm to 'IZi^ i o ^1z09 �^ I^ oI'�rn I I I I I l i I l i 11 1 I I L_ 35_BRL _ I t_ 35_BRL_ J I L 35_BRL_ J I 1 20' WAT ESMT 1 1 to o 75.00' N _70.00' 70.00' - _ N86'41'42 W 335.63' (TOTAL) 0.5' S/W ESMT ;� / 0,5' yy RESIDUAL *MORLYN DRIVE S86'41'42"E ESMT III TM 55-A-107C - - - 54 RAW -—335.6Y - 0.5' S/W ESMT o S86'41'42"335.63'(TOTAL) �-X DRN ESMT L----- a --- 1 ---- to, _ 20' SAN ESMT t I F 35' BRL f F 35' BRL 1 �I + i IJ JI IJ - I42 ImLOT 126 Co LOT 127 mph tin I LOT 128 J 00 ��013,508 sF oIM lao ro 12 835 sF alva''i � I 12,162 sF01IIron I� I 1 Im N I —I I I I I I 10 0l I I I 1 *-25,4s0 SF/0.5845 AC BRL �L �_ BRL I ' 1 HEREBY DEDICATED FOR I I t I I PUBLIC STREET PURPOSES. I �I II DRN ESMT 8 I 25' 8RL_ J 7 �211.981(To Z LOT 153 LOT 154 585'2907"W r LOT 155 r 11N ESMT �, RED BUD'RUN, SEC 2, PH 5 LOT 156 \ r GRAPHIC SCALE u 00 ( IN FEET ) 1 Inch - 50 ft. SAyTHQ OF GIG' GORY M. HAYNES a Uc. No. 2539 Iz 1 18ia9 tq� „tp4' PREPARED BY HAYNES ADAIJS ASSOCIATES LLC 303 SOUTH C Yp1S(1 HBYRES roams C5�4n0-C923C1-8130 ASSOCIATE! LLC 54D-535-8423 FINAL SUBDIVISION PLAT Rm aw RM SECTION 2, PHASE 7 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'-SO' DATE: DEC. 18, 2009 PREPARED FOR: Patton Harris Rust i Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street PH RA Winchester, Virginia 22601 T 540.6.7.2139 F 540.665.0493SHEET 6 OF 6 PHR+A 2009 ' 372 A oitl000 a'WHISTOo ATT,AU[Ts AT LAW .IgDTptA TIMM ******************************** $8055 H. K. BENHAM, III, TR. E.•GLEN •PENTON, ET UX SK635PG372 THIS DEED, made this 9a day of At!= , 1986, between H. K. Benham, III, Trustee under that certain Trust Agreement dated October 24, 1983 (known as Opequon Ridge Land Trust), a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 584, at Page 461, of the first part, hereinafter called the Grantors E. Glen Penton and Carolyn W. Penton, his wife, of the second part, hereinafter called the Granteest and Ronald J. Brown, Sole Acting Trustee, of the third part, hereinafter called the Sole Acting Trustee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot of land lying West of Route 660 in Stonewall Magisterial District of Frederick County, Virginia, designated as Lot 12-A on a plat showing the Resubdivision of Lots 12 a 13 of Woods Mill Subdivision prepared by Land Surveys, Inc., dated December 5, 1986, attached hereto and by this reference made a part hereoft and being a portion of the property conveyed to the Grantor herein by Glaise Developments, Inc. by deed dated August 1, 1986 and recorded in the aforesaid Clerk's office in Deed Book 625, at Page 503s together with a right of way running with the land for purposes of ingress and egress from the above described property to Route 660 over the roads shown on the above reforencod plat and on the plat attached to the Deed of Dedication of Woods Mill Subdivision recorded in the Office of i C 373 1 9 uauaoM a AMR" "W"M At ,r arrum wrwu BXG35PG373 the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 628, at Page 167, which right of way shall be used in common with the Grantor and its assigns. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty, including those certain conditions and restrictions set forth in the Deed of Dedication recorded in the aforesaid Clerk's Office in Dead Book 628, at Page 167 and the right of way for purposes of ingress and egress referred to above and shown on the above referenced plats. The Grantees join in this deed for the purpose of and do hereby agree to pay the assessments to be made under Section Five of the aforementioned Deed of Dedication and to be bound by the conditions of said Section beginning with the year 1987. WHEREAS, the above described property is subject to a deed of trust to Ronald J. Brown and others as Trustees and of record in the aforesaid Clerk's Office in Deed Book 625, at Page 5051 and, wHEREAS, sufficient payments have been made on the bond secured by said deed of trust to permit the release of the above described property as authorized by said deed of trust. NOW, THEREFORE, that for and in consideration of the sum of Ten Dollars 1010.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Sole Acting Trustee joins in this deed for the sole purpose of releasing and does hereby release and convey to the Grantees all his right, title and interest in the property hereby conveyed, including his interest as Sole Acting Trustee under the aforesaid deed of trust, but it is expressly understood that the release of the property herein conveyed from the lien of said deed of trust shall not affect in any wise the lien of - 2 - .4.. 374 , aaanaw a,oMaanN Am..... N w w..w,me, m.~ eKG35PG374 said deed of trust upon the other land thereby conveyed and not released. WITNESS the following signatures and sealss 1U. X l/ Denham, I1�ee (SEAL) under that certain Trust Agreement dated October 24, 1983 (known as Opequon Ridge Land Trust), a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 58 Pag 46 ' (SEAL) E. G en Pento Aaroly L EAL) . Penton A�r �� (SEAL) ona . Brown, Bois Acting Trus1wo STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wits The foregoing instrument was acknowledged before me this 140K day of ��,1 � , 1986, by H. K. Denham, IIi, Trustee under that certain Trust Agreement dated October 24, 1983 (known as Opequon Ridge Land Trust), a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 584, at Page 461. My commission expires Oej Ubtary Public STAT���E. /or )C-Ag:A�;47 OF To -hits The foregoing instrument was acknowledged before me this - 3 - 375 wwx x a+exxmx rNSM"16 NMMM QKG35?G375 .RtO day of �L ocos. Li,✓ , 1986, by E. Glen Penton and Carolyn W. Penton, his wife. My cotamission expires �D✓h iw��7� /9%� (SEAL) j Notary Public STATE OF VIRGINIA, AT LARGE, CITY Of WINCHESTER, TO -Mitt The foregoing instrument was acknowledged before me this 307"4* day of1986, by Ronald J. Brown, Sole Acting Trustee. my cotmMission expires Notary P - 4 - • r :.- ?: RED o41C YZEIS FOu.]D ..; ;� /It$ r C��aro�•eo-w ewe 4•+• �2 etw46D0'C ELO 00' g _ LO'T 13-A► •I �- GE7JtRZiWE os qe vwOa -` (s �� ca .co W . �, 5�Z•6 LW�tjP �yp�f�pp pp ZOO 00' mt swr �•�p6•� F. :' RO ' ;:_ J. L01' St5tP11'oo->= DOS oo' 14."7A ACI2&'5 a u's ne mr YV \ +n .� • NG3'2? =� cffu-Ta&uuK OF -jo- "OIL ^cea» EAt:ts ste.nr .� _ .�.L1. 1 iiOOt3ri ..•i4j: i Lay. `r�Y - PLAT 9HOWIQG WOODS MILL QE.COTioED tU OEED D001G ra2L AT P,%Ga 14- - LSO TITLE TREPOZT NAB SMSU FUQ.M%%kFA —O LA13L WMVEYS.ILIC . 91 - PIM5 FO LIO dOW1l TNu9 0 . SURVE`eOR'v CEMIFICN-TS: 1. WA`(Ufs E I S1S►[AIJEU. D DUUM AUMAOMIZEi0 LAUD SURVEYOR. 00 mER8HY caws Y. Z11AZ t MAVE cAQEFUI-LY suCVE`(ED TN8 i-Luv tXaL mswiED USUMOU.TLLAT R is COSMIC= TO T%AZ SE3C OF MY KUOWLED6E Auo 6EL1EI -r"-T IT IS A POW"W OF The 9ALAE LAA11D COUVEYED DY GLAMM M&YELOPME TT IuC. TO M V-. DCLIMAM. Tw-sTE6 5-f DSEo DATED %UGLmbt 1. 16%cp Auo RECORDED tU Derim T'lOOIG COTS AT PAGE SOS AMOUG THE L &MV, 4ECCR05 OF FQEDemcit. COut.TIY.VIuGlLl%A.. T"-t tT M WMAUl -TLIE OODUOAQIB5 1%4P-USA►R F. I%ADM OU PtU9 SI�LOWU -MU8 a. WILL OE PLACFA AE IMIMC ME.D. 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' .. 0 N M THIS QUIT CLAIM DEED made and dated as of the 20 day of April, 2007, by and between RED BUD RUN, LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and RED BUD RUN HOMEOWNERS ASSOCIATION, INC.. a Virginia non -stock corporation, party of the second part, hereinafter called the Grantee. RECITALS: WHEREAS, by Deed of Dedication dated January 23, 2004, Red Bud Run, LLC, a Virginia limited liability company, dedicated Red Bud Run Subdivision, Section 1, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0001392; and in said Deed of Dedication, there were certain common area designated Open Space A containing 31,373 square feet and Open Space B containing 4.8683 acres which were dedicated for the common use and enjoyment of the homeowners in Red Bud Run Subdivision as provided in the aforesaid Deed of Dedication; and, WHEREAS, by Deed of Dedication dated April 24, 2007, Red Bud Run, LLC, a Virginia limited liability company, dedicated Red Bud Run Subdivision, Section 2, Phase 1 and Phase 2, which is of record in the aforesaid Clerk's Office as Instrument No. 07-0006926; and in which Dedication Red Bud Run, LLC dedicated Parcel A and Parcel B Open Space containing 10.4755 acres for the common use and enjoyment of the homeowners in Red Bud Run Subdivision as provided therein; and, WHEREAS, this Deed is made to carry out the requirements of the Frederick County Subdivision Ordinance and in conformity with the aforesaid Deeds of Dedication dated January 23, 2004 and April 24, 2007 of the Red Bud Run Subdivision. 2008-0067 Red Bud Run \ A:\QUIT CLAIM DEED.doc Page 1 of 3 0 PV WITNESSETH: NOW, THEREFORE, in consideration of the mutual benefits to be derived therefrom, and pursuant to the Frederick County Subdivision Ordinance, the Grantor does hereby grant, convey and quit claim unto the Grantee in fee simple absolute, all of the following tracts or parcels of land: PARCEL ONE: All that certain tract of land designated Common Area as Open Space A containing 31,373 square feet and Open Space B containing 4.8683 acres shown on the Plat of Subdivision of Red Bud Run, Section 1, drawn by Randy A. Stowers, L.S., dated December 28, 2003 attached to the Deed of Dedication dated January 23, 2004 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04- 0001392; and PARCEL TWO: All that certain tracts or parcels of land containing 10.4755 acres in the aggregate, and being designated as Common Areas Parcel A and Parcel B on the plat of subdivision drawn by Cory M. Haynes, L.S., dated March 1, 2007 for Red Bud Run, Section 2, Phase 1, which is attached to and made apart of the Deed of Dedication dated April 24, 2007 of record in the aforesaid Clerk's Office as Instrument No. 07-0006926. (This space is intentionally left blank.) 2008-0067 Red Bud Run \ A:\QUrr CLAIM DEED.doc Page 2 of 3 WITNESS the following signatures and seals: RED P. IXD aV' By: 1)1�tw�'1111� Denver E. OuiAnellv. COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me tl-- 2008, by Denver E. Quinnelly, Manager of Red Bud Run, LLC. My commission expires liability company ll day of Registration No. ary Public ubll:c VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 10-10-a00,8 PM and �:iih certificate ackno«Icd,c►ncnt thereto annexed \kasadnilttcd to rccord.Tax Imposed by Sec. 58.1-802 of S , and 58.1-801 have been paid, if assessable. �&L.t , Clerk 2008-0067 Red Bud Run \ A:\QUIT CLAIM DEED.doe Page 3 of 3 E C Y.. REG. #701 COMMISSION RES 110002461. v O M 0. THIS DEED OF DEDICATION made and dated as of the 5`" day of March, 2011, by and between SUMMIT COMMUNITY BANK (Successor in interest to Red Bud Run, LLC), a West Virginia banking institution, 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 FREDERICK COUNTY SANITATION AUTHORITY; party of the third part (Grantee for indexing purposes). RECITALS: WHEREAS, the Declarant is the owner in fee simply of the real estate shown on the attached plats drawn by Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, known as Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8, respectively, which property is further described on the Final Master Development Plan of Red Bud Run Subdivision 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 Summit Community Bank by Deed dated the 30a' day of December, 2008 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 08-0014624. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots for the construction of single-family homes thereon, and the attached plats show 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, sanitary sewer easements, drainage easements, water easements and sidewalk easements over and across said lots, all of which shall constitute a portion of that development known as Red Bud Run, and which common open space areas shall be owned and maintained by the Red Bud Run 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 Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. The subdivision of said real estate, as it now appears on the aforesaid attached plats, 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. 12956 Red Bud Run \ A:1Deed of Dedication.doc Page 1 of 4 0 0 NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: C=) That for and in consideration of the premises and the benefit which will accrue by reason on this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Red Bud Run Subdivision, Section 2, Phase 6, Lots 159 through 172, inclusive, Red Bud Run Subdivision, Section 2, Phase 7, Lots 116 through 128, inclusive, and Red Bud Run Subdivision, Section 2, Phase 8, Lots I I I through 115, inclusive, and Lots 129 through 132, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, respectively, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in conformity with the Final Master Development Plan for Red Bud Run Subdivision, Section 2, 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. For and in consideration aforesaid, the Declarant does further dedicate all of the streets in Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8, to Frederick County, Virginia (hereinafter sometimes referred to as the "County') for public use, which streets dedicated hereby are more particularly described by the aforesaid referenced final subdivision plats of Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions heretofore recorded as Instrument No. 04-0001392 as recited in Article II hereof. ARTICLE I GENERAL PROVISIONS SECTION 1. Dedication of Street: The Declarant does hereby dedicate unto the County of Frederick, Virginia, as public streets those certain roadways, containing 0.7354 acre in Section 2, Phase 6, designated as Merlot Drive and Morlyn Drive; 0.5845 acre in Section 2, Phase 7, designated as Morlyn Drive; and 0.3866 acre in Section 2, Phase 8, designated as Morlyn Drive, all of which is shown on the attached plats of Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. Page 2 of 4 12956 Red Bud Run \ AADeed of Dedication.doc The Dedication and Subdivision of the land as shown on the attached plats 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 plats, do accept the dedication to public domain of the land and easements, respectively, herein described as such. SECTION 2. RESERVATION OF SIDEWALK EASEMENT. The Declarant does hereby establish and declare a public sidewalk easements over each lot in Section 2, Phase 6, Phase 7 and Phase 8, as shown on the plats of survey drawn by Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, attached hereto and by this reference made a part hereof as if set out in full, being 0.5 feet in width along the front of each lot which shall serve the encroachment of sidewalk onto each lot. ARTICLE II SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS The Deed of Dedication dated January 23, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0001392 for Red Bud Run Subdivision, Section 1, includes the Declaration of Covenants, Conditions and Restrictions for Red Bud Run Subdivision and which Declaration of Covenants, Conditions and Restrictions are by this reference made a part hereof as if set out in full. WITNESS the following signature and seal: DECLARANT: SUMMIT COMMUNITY BA Patrick N. Frye, Sr. Vice President and CCO COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this O day of March, 2011. by Patrick N. Frye, Senior Vice President and CCO of Summit Community Bank. Page 3 of 4 12956 Red Bud Run 1 AADeed of Dedicalion.doc 0 0 �r My commission expires:'., Registration No.: 70 1y'74 age 4 of 4 P 12956 Red Bud Run \ A:Z=d of Dedication.doc NotaryrylP—uTgl*ii-c- 7— VICINITY MAP SCALE: t" a 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISIRAT DATE FREDERICK COUNTY SANITATION AUTHORITY J DATE lG�� VIRGINIA DEPARTMENT OF TRANSPORTA ON. ��-�. T DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SUMMIT COMMUNITY BANK AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. DATE PRINTED NAME & TITLE OFFICIAL SEAL NOTARY PUBLIC NOTARY PUBLIC STATE OF WEST VIRGINIA J LLER aEBPO 1EDw0--W6W STATE OF �c t\� w BOX96i1CITY/COUNTY OF � �t 01M AWpm103. 20tr THE,FOREGOINGINSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON LI-S( it) BY (DATE) �}1� MY COMMISSION EXPIRES (NOTARY PUBU SURVEYOR'S CERTIFlCATION TH p of I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO p THE BEST OF MY KNOWLEDGE v CORY M. HAYNES 9' AND BELIEF, THAT THE Lic. No. 2539 PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME I141ID PROPERTY TO UMMIT CBANKBDY FINAL B lq MPLAT COMMUNITYDEED 04 IX RECORDED AS INSTRUMENT SECTION 2, PHASE 8 #080014624, AMONG THE LAND STONEWALL MAGISTERIAL DISTRICT RECORDS OF FREDERICK FREDERICK COUNTY, VIRGINIA COUNTY, VIRGINIA. SCALE. AS SHOWN DATE: JAN. 4, 2010 PREPARED FOR: PREPARED BY: Patton Harris Rust A Associates Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 303 SOUTH $T $1A7E r. IMN(540-931 YA ?�601 1 7 7 East Piccadilly Street /\ Winchester, Virginia 22601 �� p(��$ SIO-931-8130 ��� t<t( l T 540.667.2139 45SOCIATES LLC W535-8423 F 540.665.0493 SST t Of 6 C�J PHR+A 2009 AREA SUMMARY SECTION 2, PHASE 8 AREA: 2.8819 ACRES AREA IN LOTS: 2.4953 ACRES AREA IN OPEN SPACE: 0.0000 ACRES AREA IN R/W: 0.3866 ACRES (TOTAL) HEREBY DEDICATED FOR PUBLIC STREET PURPOSES NUMBER OF LOTS: 9 AVERAGE LOT SIZE: 12,077 SF SMALLEST LOT SIZE: 12,001 SF PARENT PARCEL• 55-A-107C RESIDUAL AREA: 0.0000 ACRES NOTES 1. FREDERICK COUNTY PIN: 55—A-107C, ZONED: RP. c MINIMUM SETBACK REQUIREMENTS OD FRONT = 35' REAR = 25' SIDE 10' MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM WIDTH AT RIGHT OF WAY = 40' MINIMUM LOT AREA = 12,000 SF ALL LOTS ARE SINGLE FAMILY DETACHED - URBAN 2. BOUNDARY INFORMATION AND PROJECT MERIDIAN ARE BASED ON THE PLAT SHOWING DIVISION OF THE LAND OF RABBIT CREEK, LP, ATTACHED TO THE DEED RECORDED AS INSTRUMENT #040001391. THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT j1040001392, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #070006926, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANELS 51069CO250D do 51069CO240D, BOTH WITH EFFECTIVE DATES OF SEPT. 2, 2009 THE SUBJECT PROPERTY LIES IN "ZONE X" (OTHER AREAS, AREAS DETERMINED TO BE OUTSIDE THE 0.2x ANNUAL CHANCE FLOODPLAIN). 4. THE OWNER AND/OR DEVELOPER OF THE SUBJECT PROPERTY SHALL BE RESPONSIBLE FOR SETTING PROPERTY CORNERS PURSUANT TO COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS UNDER THE SUPERVISION OF A SURVEYOR LICENSED IN THE COMMONWEALTH OF VIRGINIA. 5. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. ADJOINING OWNERSHIP INFORMATION PROVIDED HEREIN IS BASED ON INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS PARCEL MAPPING SERVICE DATABASE ON JANUARY, 2010. 7. THE DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RED BUD RUN SUBDIVISION ARE ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF DEDICATION DATED JANUARY 23. 2004 RECORDED AS INSTRUMENT #040000013 AMONG THE LAND RECORDS OF FREDERICK COUNTY, MRGINIA. 8. SETBACKS AND YARD LINES (BRL9) ARE TABULATED HEREIN (THIS SHEET) AND OTHERWISE REPRESENTED GRAPHICALLY FOR INFORMATIONAL PURPOSES ONLY. SETBACKS AND YARD LINES IN GENERAL (AND CORNER LOTS IN PARTICULAR) ARE AS DEFINED IN THE FREDERICK COUNTY ZONING ORDINANCE AND MAY BE SUBJECT TO REVIEW AND/OR REVISION BY THE FREDERICK COUNTY ZONING ADMINISTRATOR. 9. THIS PROJECT IS SUBJECT TO THE PROFFERS AND CONDITIONS OF RZ #05-02. APPROVED BY THE BOARD OF SUPERVISORS 10/09/02. 10. THIS PLAT WAS PREPARED PURSUANT TO THE SUBDIVISION DESIGN PLAN FOR RED BUD RUN, SECTIONS I do II, LAST REVISED 12/23/03. 11. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 1 AND FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 2 ARE ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926: FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 3 IS ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #090012698. ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA, LEGEND: pF, INST IN TAX MAP INSTRUMENT Gf�� R/W RIGHT OF WAY �O���Q.LTH BRL BUILDING RESTRICTION LINE '� SF SQUARE FOOT 0 AC ACRES IJ CORY M. HAYNES - S/W SIDEWALK Lic. No. 2539 T EASEMENT FINAL SUBDIVISION D 1MPLAT WAT WA WATER `1- I,O f'� SAN DRN SANITARY DRAINAGE lq 04 SECTION 2, PHASE 8 STONEWALL MAGISTERIAL DISTRICT f CENTERLINE SUEN' FREDERICK COUNTY, VIRGINIA 3 TOTAL AREA HEREBY DEDICATED SCALE: AS SHOWN DATE: JAN. 4, 2010 FOR PUBLIC STREET PURPOSES RM3 PREPAREDBY. HAYNES ASSOCIATES LLC gI MN�S% � A N"mS RDRRIS 540-931-8130 s e o c u r e a u e 540-535-8423 PREPARED FOR - Patton Harris Rust 4 Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 2 OF PHR+A 2009 CURVE LE CURVE S I ARC LENGTH ICHORD LENGTH CHORD BEARING I DELTAAN TANGENT 1 967.00 1 .51212.Q811 30 1 940. 206.58 06.16 N 5 1 35 30 103.71 C3 913.0 0.6 0.24 N 5 1 3S- 1 .7 C4 96.00 1 22.69 .69 S 25 5 1' 0 40 11 35 UNE TABLE BEARItG DISTANCE _UNL 1 NO7'43 06 1,75 T I 5-WE 1 2 .00 l3 6'42 49 E 1 156.73 CORY M. HAYNES a Lic. No. 2539 1:;&9" tiy��'? R PREPS HAYNES ADA�MSppA�SSOgAlES LLC AS OCI 303 SOUTH VANCCHESM, VA 2i60SUlE C IM KS NMS 540-931-8130 ASSOCIATES LLc 540-535-8423 0 0 m cri FINAL SUBDIVISION PLAT RED BUD RUN SECTION 2, PHASE 8 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JAN. 4, 2010 PREPARED FOR: Patton Harris Rust i Associates Engineers Surveyors Planners Landscape Architects l l Win East Piccadilly Street T + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 3 OF 6 PH 24 „ 45 Qo � v�s�A+=fjRlD� z3 69 /�y�r 12 46 NAD 83 70 / too !' O 47 O 0 10, cc [ 99 71 194 102 72 Be 103 71 97 142 123 104 74 /41 192 � J= 3 105 75 mJJ y 95 140 139 143 19t yyG� 76 �fv h� 94 144 190 107 v 130 77 ! 93 _`� 145 108 ! 137 J ,69 76 92 146 O Q0' 136 OJry. te6 iN Q 79 9t 109 tuQJ� �� �C, t67 110 JQ QSph 148so y 90 134 0 ry'po 1a6 lye 149 �411 133 �U= 1e5 89 1Tf� t,12 'SO 184 62 as �r U.3 I i3 ,s1 1a3 93 67 114 17Q 152 152 a. _ H51 f24; 153 181 .� 65 225bym ,16 RED BUD RUN lea �y�Vp 224 ,2a 154 SECTION 2. PHASE 5 2fl 226 RED BUD RUN a23 117 179 1 1 127 155 ;n $emu= SECTION 2. PHASE 1 - _ 7si INST 70006926 r0 178_ na I 156 f - - 222 G 220 - - � 177 RED BUD RUN 125 L ,t9 SECTION 2. PHASE 7 to us xx' _ _ _J rAf c 1 1M 120 124 x2o — — 157 Y I97 1 f 123 [�� 173 4 /\ 121 I ISO � {V 126 122 171 193 159 °T DRiyg 103 2 b 62 61 160 175 j 215 216 Q. 172 217 CIO IV21a 171 2,9 t S. a U 164 170 MORCA�M� 165 166 167 ,60 162 pO " g RD S_A-6a �,AyTH OF CORY M. HAYNES a / FINAL SUBDINSION PLAT Lic. No. 2539 GRAPHIC SCALE RED BW RUN 0 100 1200 400 SECTION 2, PHASE 8 10 STONEWALL MAGISTERIAL DISTRICT IN FEET I FREDERICK COUNTY, VIRGINIA 1 inch - 200 ft. SCALE 1'=2W DATE: JAN. 4, 2010 V � � PREPARED FOFt Patton Harris Rust i Associates I R PREPARED BY: Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 303 SOUTH LOUDOUN ST SUITE C A 117 East Piccodluy Street WINCNESI931 81 21601 ��{+ Winchester. Virginia 22601 NpyOLLC 540-931-8130 it T 540.667.2139 ASSOCIATES tic 540-535-8423 F 540.665.0493 SHEET 4 OF 6 PHRtA 2009 may, 'RED BUD RUN,( o r 25' ORN ESMT I SECTION 1 / O NST #040001392 ANST #040001392f�- ' � 0 o LQT 85 LCT 86 �= S86'18'S2 E LOT 87 �~ ` 70.00 �� S82-19.38-1. LOT 88 rr 1 46 F j S3.77' TOTAL 25' BRL 1 ('---_, 1 ! 1 I 25 BRL 1 I LOT 116 I J LOT 115 1 I I LOT 114 1 1 1 I; io 1� 1m1ZO04 SF -Im�lo fit 12,076 SF ,Iwl I LOT 11.3 I f M I^ I o m1�;' I m m!� c Ia 12.135 SF 1I�1 1 rfh l�14b I I 1 I I L 35_BRL— J _ — --I L 35' BRL I f _ 1 20' WAT ESMT I — _ 805.0' TOR W t` ROUTE 656 L1 t2 36.33, Z w -- 70.00' LV L-32.49' n 1.07' 05.26'N86*4'4YW ,�=L=67.57' Q a ; 105.26' (TOTAL) N 3.13' DRN ESMT E MTSW S ss6.4r4z•E _ MORLYN DRIVE c N 105.26' -* - _ 17t � w g��QRN 54, R Wr- C O_ 1 E "'T 105.26' 16.46' / ` W _ 6'41'42'E po 5' S ^ 1� w Lj U ��� ESMT `r 2 w 6' L=41.54 to N Y% Uj 1 J w ESMTAN -- --�� N 1 i 0 1 I 35' BRL I i 35' BRL — 1 I LOT 128 1 I LOT 129 131 1 LOT 130 11 r 12,007 SF I I M072 SF 3 I w 1+t^ �m ml,.rj f'_� Im WfI�Ica �� 10 OI O�1� OIL a) z1 I I I I 1 j 1 25 1 1 I 1 L_ 'BRL— J 1 L 25' BRL J I 11.78' 1 _59.!2._ 67.61' .� .��,N11TH Off, G S85 29'07"W ` 'I N853735� 0.70 (TTAL) LRN 3' ESMTO LOT152LOT 154 LOT U CORY M. HAYNES > Lic. No. 2539 RED IBUD RUN II41IC 4 SECTION, 2, PHASE 5 I r9'I'D SVIz�p4 , IFINAL SUBDIVISION PLAT RED OW RUN SECTION 2, PHASE 8 GRAPHIC SCALE STONEWALL MAGISTERIAL DISTRICT 25 so 100 *=16.839 SF/0.3866 AC FREDERICK COUNTY, VIRGINIA (TOTAL) HEREBY SCALE: 1'-50' DATE: JAN. 4. 2010 IN ET DEDICATED FOR PUBLIC I inch - 50 ft. STREET PURPOSES. PREPARED FOR R PREPARED BY: HAYNES ADAAIS ASSOCIATES LLC 303 SOU..__ iH.�STER, N !2'� % TE C HRM BDRIIIS 540-931-8130 330CIATE3 LLC ` 535-' 23 Patton Harris Rust 6 Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street + Winchester. Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 5 OF 6 PHR+A 2009 / RED BU RUN o SECTI N 1 INST #04 001392 LOT 88 LOT 89 0% ��4 r 0001,5g2 i S?9=gg•E ' LOT 90 o � 79.16•`` � LOT 91� j ►m ( I I 25' BRA + ` c o,( LOT 11212.161 SF c I� ►( +� / t LOT 111 / t 12.079 SF / / Z ► /^ +� to m/. 3 LOT 110 1 L. w Lft6 m C1 + Si N'AT f3AlT J l 20, Ld Li _ _ - EsAur /w CzB7 z ` ` RL DR/ VE N c4 \ N o.s s RAW 2 ~' C ESM 41 T 120' .r J rn _ S N ^� �No N 1 ► LOT 131 (! + ! la ► 12,001 SF 3/ ( tie �I�► I LOT 132 Ira co► 0 c +� (� 12.164 SF rry ^►m �+' X ��/N�' LOT 133 o ((f (r2 /I ="3 �► /�► ,RN L N + �2S• , TH Op N85' 7' 35'W 2 .70' ( iAL H S?2�'. j p + sSb . v CORY Y. HAYNES 9 I !/ Lic. No. 2539 LOT 151 ' LOT 150 lg� p4 RED BUD RUN \`\� lr SECTION 2, ;HASE 5 1 ' i FINAL SUBDIVISION PLAT RW BW RM SECTION 2. PHASE 8 GRAPHIC SCALE STONEWALL MAGISTERIAL DISTRICT 0 2s sa too *-16.839 SF/0.3866 AC FREDERICK COUNTY. VIRGINIA (TOTAL) HEREBY SCALE 1'=50' DATE JAN. 4. 2010 ( IN DEDICATED FOR PUBLIC 1 inch = 50 tt STREET PURPOSES. PREPARED FOR Patton Harris Rust & Associates PREPARED BY' Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 303 SOUTH VA Y'�69TE c 117 East Piccadilly Street Winchester, Virginia 22601 NVUES RORM 540-931-6130 T 540.667.2139 AssocIATes «a 540-535-6423 F 540.665.0493 SHEET 8 OF PHR+A 2009 VIRGINIA: FREDERICKCOUNTY.SCT. This instrument of writing was produced to me on _ 3-1'7-I 1 at 3. o orr, and with certific:tle acknrnelyd,cmcnt thereto annexed was admitted to record. lax impound by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. 4e,4 �� % , Clerk v O '1000246l. THIS DEED OF DEDICATION made and dated as of the 50'day of March, 2011, by and between SUMMIT COMMUNITY BANK (Successor in interest to Red Bud Run, LLC), a West Virginia banking institution, 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 FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). RECITALS: WHEREAS, the Declarant is the owner in fee simply of the real estate shown on the attached plats drawn by Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, known as Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8, respectively, which property is further described on the Final Master Development Plan of Red Bud Run Subdivision 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 Summit Community Bank by Deed dated the 30a' day of December, 2008 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 08-0014624. WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots for the construction of single-family homes thereon, and the attached plats show 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, sanitary sewer easements, drainage easements, water easements and sidewalk easements over and across said lots, all of which shall constitute a portion of that development known as Red Bud Run, and which common open space areas shall be owned and maintained by the Red Bud Run 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 Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. The subdivision of said real estate, as it now appears on the aforesaid attached plats, 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. Page 1 of 4 12956 Red Bud Rim \ A.\Deed of Dedication.doc 0 0 NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: C) That for and in consideration of the premises and the benefit which will accrue by reason on this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Red Bud Run Subdivision, Section 2, Phase 6, Lots 159 through 172, inclusive, Red Bud Run Subdivision, Section 2, Phase 7, Lots 116 through 128, inclusive, and Red Bud Run Subdivision, Section 2, Phase 8, Lots I I I through 115, inclusive, and Lots 129 through 132, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, respectively, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in conformity with the Final Master Development Plan for Red Bud Run Subdivision, Section 2, 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. For and in consideration aforesaid, the Declarant does further dedicate all of the streets in Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8, to Frederick County, Virginia (hereinafter sometimes referred to as the "County") for public use, which streets dedicated hereby are more particularly described by the aforesaid referenced final subdivision plats of Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions heretofore recorded as Instrument No. 04-0001392 as recited in Article 11 hereof. ARTICLE I GENERAL PROVISIONS SECTION 1. Dedication of Street: The Declarant does hereby dedicate unto the County of Frederick, Virginia, as public streets those certain roadways, containing 0.7354 acre in Section 2, Phase 6, designated as Merlot Drive and Morlyn Drive; 0.5845 acre in Section 2, Phase 7, designated as Morlyn Drive; and 0.3866 acre in Section 2, Phase 8, designated as Morlyn Drive, all of which is shown on the attached plats of Red Bud Run Subdivision, Section 2, Phase 6, Phase 7 and Phase 8. Page 2 of 4 12956 Red Bud Run \ A:Zeed of Dedication.doc The Dedication and Subdivision of the land as shown on the attached plats 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 plats, do accept the dedication to public domain of the land and easements, respectively, herein described as such. SECTION 2. RESERVATION OF SIDEWALK EASEMENT. The Declarant does hereby establish and declare a public sidewalk easements over each lot in Section 2, Phase 6, Phase 7 and Phase 8, as shown on the plats of survey drawn by Cory M. Haynes, L.S., dated December 11, 2009, December 18, 2009 and January 4, 2010, attached hereto and by this reference made a part hereof as if set out in full, being 0.5 feet in width along the front of each lot which shall serve the encroachment of sidewalk onto each lot. ARTICLE II SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS The Deed of Dedication dated January 23, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0001392 for Red Bud Run Subdivision, Section 1, includes the Declaration of Covenants, Conditions and Restrictions for Red Bud Run Subdivision and which Declaration of Covenants, Conditions and Restrictions are by this reference made a part hereof as if set out in full. WITNESS the following signature and seal: DECLARANT: SUMMIT COMMUNITY BAW. By: - --— Patrick N. Frye, Sr. Vice President and CCO COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 0 - �/ day of March, 2011, by Patrick N. Frye, Senior Vice President and CCO of Summit Community Bank. Page 3 of 4 12956 Red Bud Run \ AADeed of Dedication.doc CD 0 My commission expires: Registration No.: '7D / U '7 1 �--t 17 Notary Pu is Page 4 of 4 12956 Red Bud Run 1 AADeed of Dedication.doe GIs VICINITY MAP SCALE: 1' = 2.000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO — DATE FREDERICK COUNTY SANITATION AUTHORITY DATE Cfa'44,11 VIRGINIA DEPARTMENT OF TRANSPORTATION - DATE 4 OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SUMMIT COMMUNITY BANK AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE NTH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES. IF ANY. y// n.i 5 (DATE) PRINTED NAME do TITLE NOTARY PUBUC STATE OF (A 1 n , O— CITY/COUNTY OF �( fi FOREGOING INSTRUMENT WAS ACKNOWLEDGED DI..1afA (NOTARY PUBLIC OFFICIAL SEAL NOTARY PUBLIC ' t STAVE OF WEST VIRGINIA DESBIE J. MiLLER PO Box set •1,.4 +• PETERSBURO.Wv 298aY Ny eaealrIw alp Aug.903.28t7 ft BEFORE ME ON `f-$'IO BY (DATE) MY COMMISSION EXPIRES b 3" -�d 17 SURVEYOR'S CERTIFICATION �,LTH op I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF —� r VIRGINIA, HEREBY CERTIFY TO o x THE BEST OF MY KNOWLEDGE U CORY M. HAYNES a AND BELIEF, THAT THE Lic. No. 2539 PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAMEPROPERTY TO UMMIT t4ND FINAL SUBDIVISION PLAT COMMUNITY BANK BDY DEED 04 RM BW R1N11 RECORDED AS INSTRUMENT SECTION 2, PHASE 6 #080014624, AMONG THE LAND STONEWALL MAGISTERIAL DISTRICT RECORDS OF FREDERICK FREDERICK COUNTY, VIRGINIA COUNTY, VIRGINIA. SCALE: AS SHOWN DATE: DEC. 11. 2009 RPREPARED BY: HAYNES AOA303 SOUTH �p MSpAS�SOCIATES LLC NCH TER, I ST �SUIIE C WOES REIRM 540-931-8130 A s s o u A T e a LL c 540-535-8423 PREPARED FOR: Patton Harris Rust & Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street + Winchester. Virginia 22601 T 540.567,2139 F 540.665.0493 SHEET 1 OF 7 PHRTA 7nn9 AREA SUMMARY SECTION 2, PHASE 6 AREA: 4.9012 ACRES AREA IN LOTS: 4.1658 ACRES AREA IN OPEN SPACE: 0.0000 ACRES AREA IN R/W: 0.7354 ACRES (TOTAL) HEREBY DEDICATED FOR PUBLIC STREET PURPOSES NUMBER OF LOTS: 14 AVERAGE LOT SIZE: 12,961 SF SMALLEST LOT SIZE: 12,021 SF PARENT PARCEL• 55—A-107C RESIDUAL AREA: 7.2063 ACRES NOTES 1. FREDERICK COUNTY PIN: 55—A-107C, ZONED: RP. MINIMUM SETBACK REQUIREMENTS o FRONT = 35' C=) REAR = 25' —J SIDE = 10' MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM WIDTH AT RIGHT OF WAY = 40' MINIMUM LOT AREA - 12,000 SF ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN 2. BOUNDARY INFORMATION AND PROJECT MERIDIAN ARE BASED ON THE PLAT SHOWING DIVISION OF THE LAND OF RABBIT CREEK, LP, ATTACHED TO THE DEED RECORDED AS INSTRUMENT #040001391, THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #040001392. THE FINAL SUBDIVISION PLAT, RED BUD RUN, SECTION 2, PHASE 1 ATTACHED TO THE DEED OF DEDICATION RECORDED AS INST #070006926, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANELS 51069CO2500 & 51069CO240D, BOTH WITH EFFECTIVE DATES OF SEPT. 2, 2009 THE SUBJECT PROPERTY LIES IN "ZONE X" (OTHER AREAS, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN). 4. THE OWNER AND/OR DEVELOPER OF THE SUBJECT PROPERTY SHALL BE RESPONSIBLE FOR SETTING PROPERTY CORNERS PURSUANT TO COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS UNDER THE SUPERVISION OF A SURVEYOR LICENSED IN THE COMMONWEALTH OF VIRGINIA. 5. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. ADJOINING OWNERSHIP INFORMATION PROVIDED HEREIN IS BASED ON INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS PARCEL MAPPING SERVICE DATABASE ON DECEMBER, 2009. 7. THE DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RED BUD RUN SUBDIVISION ARE ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OF DEDICATION DATED JANUARY 23, 2004 RECORDED AS INSTRUMENT #040000013 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 8. SETBACKS AND YARD LINES (BRLs) ARE TABULATED HEREIN (THIS SHEET) AND OTHERWISE REPRESENTED GRAPHICALLY FOR INFORMATIONAL PURPOSES ONLY. SETBACKS AND YARD LINES IN GENERAL (AND CORNER LOTS IN PARTICULAR) ARE AS DEFINED IN THE FREDERICK COUNTY ZONING ORDINANCE AND MAY BE SUBJECT TO REVIEW AND/OR REVISION BY THE FREDERICK COUNTY ZONING ADMINISTRATOR. 9. THIS PROJECT IS SUBJECT TO THE PROFFERS AND CONDITIONS OF RZ #05-02. APPROVED BY THE BOARD OF SUPERVISORS 10/09/02. 10. THIS PLAT WAS PREPARED PURSUANT TO THE SUBDIVISION DESIGN PLAN FOR RED BUD RUN, SECTIONS I do II, LAST REVISED 12/23/03. it. FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 1 AND FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 2 ARE ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #070006926; FINAL SUBDIVISION PLAT RED BUD RUN, SECTION 2, PHASE 3 IS ATTACHED TO THE DEED OF DEDICATION RECORDED AS INSTRUMENT #090012698. ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 12. REFERENCE FREDERICK COUNTY TAX PARCEL 55—A-88; CURRENT OWNERS: RAYMOND H. do TANYA C. LONG (INST /090008096). LEGEND: TM TAX MAP INST INSTRUMENT R/W RIGHT OF WAY BRL BUILDING RESTRICTION LINE , SF SQUARE FOOT AC ACRES S/W SIDEWALK ESMT EASEMENT 4 WAT WATER SAN SANITARY DRN DRAINAGE CENTERLINE TOTAL AREA HEREBY DEDICATED FOR PUBLIC STREET PURPOSES R T+RFBY: HAYNES ADAMS US ASSOCIATES SOCIATES LLC 303 SOUTH LOUDOUN ST �UHTE C IMNCHESTER, VA 2�601 NMS RMS 5�4101—C9�311-8130 ASSOCIATES LLC 540—WJ-8423 ,Q 9FINAL D44 SUBDIVISIONPLAT RM BW WM ` SECTION 2, PHASE 6 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE AS SHOWN DATE DEC 11, 2009 PREPARED FOR: Patton Harris Rust A Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 2 OF 7 PHR+A 2009 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 3 ,00, 3 '14'48" 19.70' 10.12' 8' 2"E 19.44' C2 35. 54.12' 34.15' S29 89' C3 3 ,00, 9 56.49' N61 9'14" 50. ' C4 275.00' 76'38'38" 367.86' 7. 5' 3 4' 8"E 341.04' C5 30.00' 76'38'38" 3. 74.53' C8 48. 0' 1 76' 3 7 ' 1 196.01' 1 S23'04'28" 07. ' C7 00' ' 4'3 " 1 7.74' S63'11'0 C8 797.00' 4'18'57 60.04 30.03' S7425'52 E 60.02' C9 770.DO' 4'31 32 60.82' 30.43' 1 S74"19'34 E 60.80 C10 743.00' 4'45'02 61.60 30.82' S74"12'49"E 61.59' LINE TABLE LINE I BEARING LENGTH Lt S81'01' 9' L2 N84'42'45" 95.56' L3 0" 37.65' L4 S11'4Y21"E 1 ' L5 S23'55' 1 7 ' L6 S .52' L7 11' 1'17"W 79. 5' L8 S 7' .00' L9 S11'58' 16 .66' L10 0 -40"E 9 . , Lll ' -19"W 43.6 ' L12 103.94' L13 1 85. 7' L14 4119' 1 .17' �62 �IPJ$; SqN 0069 ` JO Rf 4/A( o6g26 \Ca$0CV � _ 2 ;n� A1 8S' y- C4>m £iv *M£ ,0 oR R/►s, /� CA CORY M, HAYNES 5- Lim. No. 2539 ' tzluJo9 L-442) PREPARED I HAYNES AOAI/S ASSOCIATES LLC C 303 �N0i 7RR, 2 VA 600111E RRms RDRms 540-931-8130 .5500.165 L.c 540-535-8423 DETAIL 1 — SEE SHEET 5 SCALE: 1" — 5' FINAL SUBDIVISION PLAT Rm BW RUN SECTION 2, PHASE 6 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DEC. 11. 2009 PREPARED FOR: Patton Harris Rust 3 Assoclatss Engineers Surveyors Plonners Landscape Are 117 East Piccadilly Street + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493SHEE7 3 OF 7 F 24 VA TATE o NORTH 69 \ pO NAO 83 ,5 'Q 23 12 16 70 100 47 49 71 102 194 i 90 72 103 i 73 97 104 193 tat % 71 141 192 J2� 75 95L. 105 140 ,91 OJO /y� 106 +u 139 M 94 IN '� �y 107 n �� � 135 93 14s 3 r IN roe 137 78 92 t46 ,oB 79 36 0 K IN 147 O B1 135 �Jqq no a2r^ 148 so 90 JJ 134 e 1. 186 � Q0n`6 149 81 H9 133 t,G �J 185 82 Be ,SO 184 151 163 &5 87 84 46 152 182 22s e5 '� 181 RESIDUAL ED BUD SECTION 154 RUN Teo wit T Z, P ASE 5 "Ip 4r 22e 224 TM 55—A-107C 5 6 = ca cl- 179 -RED BUD RUN 223 ss A—, 9 SECTION 2. PHASE 1 INST 0070006926 y 2 r0 179 222 156 zee m 229 221 PARCEL C 176 220 157 197 175 158 171 AIERLOT n3�� pR�� 167 in 215 S 214 t7Y 2t7 40 2,e 219 J s7# tee t� 166: t47 -t88�+ ass .. __ . OF �ALTH 1XI� Lr'� U CORY K [3AYNES > I FINAL SUBDIVISION PLAT Lic. No. 2539 GRAPHIC SCALE RED BW RUN a 100 290 400 SECTION 2, PHASE 6 IZI1 ►I�'r-1 STONEWALL MAGISTERIAL DISTRICT ( IN FEET) 1 inch = 200 It.SCALE FREDERICK COUNTY, VIRGINIA 1'-200' DATE: DEC 11, 2009 PREPARED FOR -- PREPARED BY: Patton Harris Rust d Associates I Engineers Surveyors Planners Landscape Architects HAYNES ADAMS ASSOCIATES LLC 303 SOUTH LOUDOUN ST SUITE C 117 East Piccadilly Street IMNCHESTER, VA 2�601 Winchester, Virginia 22601 eeinE$ HDNmS 540-931-81813o T 540.667.2139 WJL A s e o C I A. e s u C 540-535-8423 F 540.665.0493SHE T 4 OF 7 != PHR+A 2009 E 1Z Ltyl 1 5p2`� 93 CQ W �je w- 3419 O T ------ — DRN ESo000926 Sim_ 1 1 a RESIDUAL '� \ o I ! ^ TM 55-A-107C S13'24'40"W 510.32' 4.00' 2.2S S1356'19"W 1 Z T___.__...-1 fr 10 BRL ri I \ 1� m Z �I Ir- LOT 162 b r n 1 9 -N LOT 163 m� I 12,021 SF , 1 rn 1� c11 C4 1�InN 14,406 SF / t0 W N 0 I N I \ I= 10 1 35_BRL_ 54.31 �0 ` i �7SAN ESMT i d INST #070006926 ' Lp > C3 `126:48` — — — — -3fr.5 5105 Lo v rn Q 3 S15'14'52"W 163.05' mot_ ' F- w o 0.5' S/W 'oW 11.64' N 0.5' S/W ESMT SEE SHT 3) _ ESMT M�t S15'14'52"W *MERLOT DRIVE DETAIL 11 �� 1n j� ge+� 1 164.50' 0 54' R/W _ C4 w O N 1813' 0.5' S/W ESMT n N15'14'52"E 165.95' C5 m z C2 0.O I 1 a 56.21' 20' WAT ESMT i N L=27.14' 4 w Vx18' DRN ESMT j 1 r 35 BRL I I- 35' BRL , I r 35' BRL cnc� of c o.s'-0 I I Iix i in 1 I F Ica 13)mya M N I LOT 164 I IN j o LOT 165 -I eo - z2 `� N N 16,022 SF n 12.248 SIF aai I� I m LOT 166 ia1 cN.+I i�4rAn�+m 0 3 w I I In I b w IN 12,696 SF 3 o �o Im I� ' I� 41 0 W I'Into ml lZl 1, inin \ i ^' �1 �A �10� 0 0.5' 1 I °D r 25' BRL_-� L 25_BRL_ J 1 i L7 1 o DRN ESMT $ 82.19* = N71'31 17~E l �L•'�'4r TOTAL N16'32'O1'E 20 �Q,I,TH of FO BE CREATED BY SEPARATE INSTRUMENT - - — - - OPEN SPACE PARCEL ADHKI - - - +J CORY M. HAYNES Lic. No. 2539 iz�tl f o9 GRAPHIC SCALE 2s so 100 ( IN FEET ) I inch - 50 It RED BUQ 'QC \ S c-nONST 2. PH06926 ASE 1 �/'/ o sago �, #-32,034 SF/0.7354 AC (TOTAL) HEREBY DEDICATED FOR PUBLIC STREET PURPOSES. PREPARED OCI HAYNES ADANS ASSOCIATES U_C 303 SOUTHNCHESIUIO A 23601 SUITE C myffs pNM ASSOCIATES LLC t5�4n0-9311-51130 540-535-6423 TAX PARCEL 55-A-88 (SEE NOTE 12) FINAL SUBDIVISION PLAT M BUD RUN SECTION 2, PHASE 6 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1*-50' DATE: DEC. 11, 2009 PREPARED FOR: Patton Harris Rust 3 Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Winchester, Virginia 22601 PHRAT 540,667.2139 F 540.665.0493SHEET 5 OF 7 PHR+A 2009 0 \ co502 45 ♦ # =32 034 SF/0.7354 AC 5 6.g3 ?69� (TOTAL) HEREBY 22.14 0 '6 ? \\ DEDICATED FOR PUBLIC STREET PURPOSES. z LLJ U Q m 2 �i T\ \♦ \','Aa w N InLi z Of o mzm 0 oUJ —Ld Ul \ \ o 0�\ `�\ \�� LOT 160 \ \ %% \ 12,042 SF LOT 161 12,405 SF 16 � _ �? V LJ LJ in � _ �*���-ypc moo•♦ w S/* 01 N lam` � ESMS s N 5 s6Z 84 % �p. 0. a i � _ _ LOT 169 ���\% +T► I r 35' BRL 12, 555 SF \ \ %_ ��- z I 1 I �j'`�1'0 LOT 168 12.618 SF Zi� ai y l (r��iNjl� LOT 167 re41F Irn�l`�O10 12,888 SF a F 5a rl K ZI�I �"z10` 8� y yj �a // I 96• - OPEN SPACE PARCEL A �.1g32'H RED BUD RUN 1 NO4 SECTION 2, PHASE 1 I8 I 97 37_„ �� INS7 1070006926 STAlT1 TE � N� -I� ,y�q 83 To BE CREATED BY - - SEPARATE INSTRUMENT 'I'A PARCEL A-88 (SEE NOTE 12) GRAPHIC SCALE �so ,00 ( IN FEET J 1 inch - 50 ft �O O v CORY M. HAYNES Lic. No. 2539 �. �2tlE�a1 S[IRv�04 PREPARED BY: L44 HAYNES ADAMS ASSWATES LLC 303 S IitV STSUIIE C WINmNm:$ Rom 540-931-8130 a SQCIAT[a L« 540-535-8423 FINAL SUBDIVISION PLAT RED BUD RUM SEC710N 2, PHASE 6 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE 1'=50' DATE: DEC. 11, 2009 PREPARED FOR - Patton Harris Rust 5 Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 6 OF PHR+A 2009 51�gfi PARCEL C OPEN SPACE O `� o o ` m \ 1 DRN 1 ESMT `\ GS \ i 18"e \ W I \ Np \\N\N�`- \ LOT 158 lii \ Im o` u°w`A' i 1 I LOT 159 \ / IZ909 SF I SAN ESMT 1 I INST #070006926 BR► / t_ 35_ q- 20' ORN ESMT n _ L=21.85' �/ O - --- 41_4 w C6 w = 1. cn 0.5' S/W �, w ESMT 2 G w C4_--vE (A f MTS/W *MERLOT DRI /� 54 R/W U:6 4 �\ / L=82.74' o OSµ �'� 1 a' ' ESMT 35' BRL r 35 aRL \� ,�� o ` LOT 173 4 mV LOT 170 11 LOT 172 �\ �\ 12.656 SF 1 l§ { 1 Z570 SF o``"` mlr'r1^ I� LOT 171 �,I elw A w l� oINIT �m 13.425 SF blot#Iz l J� eR� �25' R I r SRt — — `� "K Ng N t630'.\�9`162• j i j g5g9' E, (fQ�W� Ofi - 161.95 ' i �- 66' 61 .4-1159�W O� ',.1 6 G CORY M. HAYNES Lic. No. 2539 IZ)II%d4 GRAPHIC SCALE 0 25 s0 100 ( IN FEET ) I inch s 50 ft. OPEN SPACE PARCEL A RED BUD RUN SECTION 2, PHASE 1 INST #070006926 *(TOTAL) EREBY354 AC DEDICATED FOR PUBLIC STREET PURPOSES. PREPARES HAYNES ADAMS ASSOCIATES TLC 303 SOU�1 7N LOUDO N SL SMITE C VA WOES BDNIM 540-831-M30 ASSO�$ATE9 «c 540-335-8423 FINAL SUBDIVISION PLAT RED OW RM SECTION 2, PHASE 6 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, %IRGINIA SCALE: 1'-50' DATE: DEC. 11. 2000 PREPARED FOR: Patton Harris Rust 6 Associates Engineers Surveyors Planners Landscape Architects 117 East Piccadilly Street + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 C 4FFT T tK +A Anna t-Ln Q� KAkA tnM 0 z so a. F r'{¢ 4 ` ) \V �I THIS DEED OF DEDICATION, made and dated this day of January, 2004, by and between RED BUD RUN, LLC, a Virginia limited liability company, (contract Purchaser from Rabbit Creek, L.P.), party of the first part, hereinafter called the DECLARANT, (even though more than one) (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 Randy A. Stowers, L.S. dated the 14`h day of December, 2003, known as Red Bud Run Subdivision, Section 1, which property is further described on the Final Master Development Plan of Red Bud Run Subdivision as filed in the Office of the County of Frederick Department of Planning and Development and Red Bud Run, LLC is the contract purchaser and developer of the said subdivision. This is the same real estate conveyed to Red Bud Run, LLC by Deed dated January , 2004, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-" /3 1?/ 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 Red Bud Run, and which common open space/driveway/ and access easement areas shall be owned and maintained by the Red Bud Run 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 Red Bud Run Subdivision, Section 1. 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 Page 1 of 4 .� NO -_J 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 Red Bud Run Subdivision, Section 1, Lots 1 through 100, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Randy A. Stower, L.S., dated the 14" day of December, 2003, 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 Red Bud Run Subdivision, Section 1, 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. For and in consideration as aforesaid, the DECLARANT does further dedicate all of the streets in Red Bud Run Subdivision, 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 Red Bud Run Subdivision, Section 1. 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 DECLARANT does hereby dedicate unto the County of Frederick, Virginia as public streets those certain roadways, containing 7.8786 acres and designated as MacKenzie Lane, Kemper Court, Morlyn Drive, Merlot Drive, Woods Mill Road and Morgan Mill Road on the attached plat of Red Bud Run Subdivision, Section 1. 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 Page 2 of 4 J are applicable, together with the applicable ordinances and regulations of the goviing 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 "Open Space A" containing 31,373 square feet and "Open Space B" containing 4.8683 acres 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 Red Bud Run Subdivision as provided hereinabove. ARTICLE II ADDITIONAL SECTIONS Section 1. Additional sections ("Sections") of Red Bud Run Subdivision will be added in the future and those Sections, as they are added, will become part of Red Bud Run 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 Red Bud Run Subdivision, 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 Red Bud Run Subdivision Page 3 of 4 C7 WITNESS the following signature and seal: NIN 0-1 INI-OK BY: Denver E. Qui lly, ember/Manager b STATE OF VIRGINIA CITY OF WINCHESTE O WIT: I, tary Public in and for the State and jurisdiction aforesaid do hereby tify t t Den er E. Quinnelly, Member/Manager of RED BUD RUN, LLC, a Virginia lima ed liability company, whose name is signed to the foregoing Deed of Dedication dated the nay of January, 2004, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. ^ Given under my hand My commission expire 11479-AW:\Deed of Dedication Red Bud Run.wpd Page 4 of 4 C) v v ter,! DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RED BUD RUN SUBDIVISION Frederick County, Virginia TABLE OF CONTENTS Page ARTICLE I - DEFINITIONS............................................................................... 2 Section1 - Association................................................................... 2 Section 2 - Board of Supervisors.................................................... 2 Section 3 - Common Area.............................................................. 2 Section 4 - Declarant....................................................................... 2 Section 5 - Declaration.................................................................... 2 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 Section 13 - Property...................................................................... 3 ARTICLE II - MEMBERSHIP............................................................................ 4 ARTICLE III - VOTING RIGHTS....................................................................... 4 Section 1- 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 Page Section 11 - Subordination of the Lien to Mortgages ..................... 11 Section 12 - Exempt Property......................................................... 11 Section 13 - Reserves for Replacements ......................................... 11 ARTICLE VI - RESTRICTIVE COVENANTS ................................................... 11 Section1 - Use................................................................................ 12 Section 2 - Modifications................................................................ 12 Section3 - Laundry......................................................................... 12 Section 4 - Sight Lines.................................................................... 12 Section 5 - Vegetation..................................................................... 12 Section 6 - Noxious Activity........................................................... 12 Section7 - Signs............................................................................. 12 Section8 - Animals......................................................................... 12 Section9 - Trash............................................................................. 12 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 - Frederick 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 I 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 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 Section 3 - 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 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS RED BUD RUN SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of the 23rd day of January, 2004, by and between RED BUD RUN. LLC, a Virginia corporation, its successors and assigns (the "Declarant'), Grantor; and RED BUD RUN 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 Red Bud Run, LLC (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, RED BUD RUN SUBDIVISION ("Red Bud Run"), located in Frederick County, Virginia, known as Lots 1 - 100, inclusive, RED BUD RUN, Section 1, 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 RED BUD RUN, 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. t► F. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, RED BUD RUN 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 RED BUD RUN 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 Red Bud Run, LLC, and its successors or assigns (i) to whom Red Bud Run, LLC 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 Red Bud Run, LLC) or its successors and assigns. 2 CD tV Section 5. "Declaration" shall mean and refer to this Declaration of Covenan s, 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 Red Bud Run, LLC 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 RED BUD RUN 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))-107 and 55-((A))-105. 3 C N ARTICLE II co MEMBERSHIP -r-' 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 n C) N Co Cn (b) five (5) years from the date of recordation of the document annexing such property; 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 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; W1 N) CO (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 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; ri CD N3 co (iv) be consistent with the then -existing ordinances of the County and (v) be consistent with the open space designation of the Common Area; .(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 h CD r\.? co Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, 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 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. Special Assessment. In addition to the Annual Assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, fro 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. Quorum 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 (1/z) 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 we CD t) Lo permit has been issued, the purchaser of such Lot shall pay to the Association a one-time worg capital assessment of ONE HUNDRED DOLLARS ($100.00). Section 8. Rate of Assessment. The Annual Assessment shall be fixed at a uniform rate 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 10 I (d) accelerate the due date of the unpaid assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 11. Subordination of the Lien to Mortgases. 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 Property., The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said assessments. 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. 11 C) ARTICLE VI NO RESTRICTIVE COVENANTS U0 tv 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, 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 removed or 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 and may not be illuminated. All Permitted Signs advertising the property for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. 12 I 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 plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view except on days of trash collection, except those receptacles designed for trash accumulation located in the Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. 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. 13 CD t3 kn Section 15. No commercial or industrial vehicle, such s but not limited to movingvans, 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 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 withing the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the 14 CD t`v Q0 Cil 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. 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. 15 C=) N Approval by the Architectural Review Board of a correctly filed application shall not be deemed 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 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. 16 Section 3. If any improvement on the Property now or hereafter encroaches on any of portion of the Property by reason of (a) the original construction thereof by the Declarant or i o assigns, which shall include, but not be limited to, any driveway which encroaches over a LorY 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. 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 5. 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. 17 I 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 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; W'? (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; 0) to retain as an independent contractor or employee a manager of the Association and such other employees or independent contractors as the Board deems necessary, and to prescribe the duties of employees and scope of services of independent contractors; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance or protection of the Property; (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. 19 I 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, 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; 20 (g) to maintain its corporate status; and I (h) to maintain all stormwater management detention, drainage, and lighting facilities serving the prop. Section 3. Board Authority to Act. Unless otherwise specifically provided in the Association's documents, all rights, powers, easements, obligations and duties of the Association may be performed by the Board. 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. 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 XIII 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; 21 CD co Q r`J (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. 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 common area; 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 22 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 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; 23 C7 W Q (iv) any proposed action that would require the consent of a speeded 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; (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; partial condemnation; (xii) restoration or repair of the Property after a hazard damage or (xiii) Any provisions that are for the express benefit of Mortgagees; 24 I (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 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. 25 (h) Damage to Common Area. The Association shall cause the immediSp repair, reconstruction or renovation of any damage to the Common Area unless a decision not Co repair, reconstruct or renovate is approved by a majority of the Mortgagees. 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 C) t. C) __J 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; improvements; (iii) reserves for maintenance, repair or replacement of common area (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; 27 I (iii) expanding the Association to include land not previously 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: merger; and (i) termination of this Declaration or the termination of the project; (ii) dissolution of the Association except pursuant to a consolidation or (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 percent (67%) of the total authorized votes of all Members. I: CD W M Any amendment must be properly executed and acknowledged by the Association (in'e 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. Withdrawable 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 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. O I 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 RICHMOND AMERICAN HOMES OF VIRGINIA, INC. By: (SEAL) Mark . Trostle Vice President of Land Development 30 RED UD N O WNERS a ASS IA N, N C�J A Vir i is - t ck oration By: 11,11%(SEAL) Denver E.'Qlainnellv'l Pr sident COMMONWEALTH OF,VIRGINIA, CITY/G9ikNT-Y OF Wz4"_1,za 1 , to -wit: nb The foregoing instrument was acknowledged before me this day of 2004 by Denver E. Quinnelly, as Manager of RED BUD RUN, LLC, on ehalf of the ited liability company. ace� No6dy Publi My commission expires: _ '0 COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF FA/IQF'A X , to -wit: A. 1 0 Ce a a :Y� �.i a •' A,r The foregoing instrument was acknowledged before me this I -Al day of t t t Ys ``JV A-V 2004 by Mark D. Trostle, Vice President of Land Development of iI OND AMERICAN HOMES OF VIRGINIA, INC half of the corporation. .;. N r Public oil My commission expires: P!. i -'tfarl'tl44til COMMONWEALTH OF VIRGINIA, CITY/C�6bNTY OF (,y to -wit: The foregoing instrument was acknowledged before me this ,_2day of 2004 by Denver E. uinnelly, as President of RED BUD RUN Homeowners ssociation, ., on behalf of the core ratio . Nofdry Public My commission 11479-A\Quinnelly\A.\Declaration of Covenants, Conditions and Restrictions of Red Bud Run.wpd 31 ,a U 11 Mot,rye 1 'f/!•f'++!1f1111ll 11 lltl`I,e�,` O . to to or P/K BERR h�O co A ILL VICINITY MAP SCALE: 1" = 2000' APPROVED BY: VIRGINIA DEPARTMENT OF TRANSPORTATI FREDERICK COUNTY SANITATION AUTHORITY FREDERICK COUNTY SUBDIVISION ADMI OWNER'S COflEN)ff NT: THE ABOVE ANREGOING SUBDIVISION OF RED BUD � RUN, SECTION 1, AS APPRS ON TCCOMPANYING- PLATS, IS WITH THE FREE CONSENT AND IN AND lTIQUSTOSVT / ESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS NOTARY PUBLIC DATE / z Z 3/v3 DATE �� DATE 12 V/03 CITY/ C4NTY OF ��l aQIC3 `CHI~-IRGON�G _INSTR��,MENT WAS ACKNOWLEDGED BEFORE ME ON BY ukc -Flnell�t' DATE -, E OF MY COMMISSION EXPIRES (OTAR PUBLIC) f'0���'� a %� NO`&ANY i RVbLIC CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY DATE STATE OF MY COMMISSION EXPIRES (NOTARY PUBLIC) SURVEYOR'S CERTIFICATE I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO RABBIT CREEK, LP. BY DEED RECORDED AT INSTRUMENT #020019578 AND THE PROPERTY CONVEYED TO RED BUD RUN, L.L.C. BY DEED RECORDED AT INSTRUMENT #030014294 BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. �Q.ytSTOWERS FINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT RANDy SCALE: AS SHOWN FREDERICK CDATE:: EICEMBER 14, 2003 RGINIA Ngilbert, w. Clifford & associates Z A DIVISION OF PATTON HARRIS RUST &ASSOCIATES SUVO A PROFESSIONAL 'CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 21 AREA SUMMARY TOTAL DEVELOPMENT AREA: 157.9535 SECTION 1 AREA IN STREAM PRESERVATION PARCEL: 24.7450 AREA IN LOTS: 28.7972 ACRES AREA IN OPEN SPACE: 5.8860 ACRES AREA IN R/W: 7.8786 ACRES TOTAL AREA SUBDIVIDED: 67.3068 'ACRES NUMBER OF LOTS: 100 AVERAGE LOT SIZE: ' 12,544 SQ. FT. SMALLEST LOT SIZE: 12,005 SQ., FT. ALLOWABLE DENSITY: 1.81 UNITS PER ACRE PIN 55-A-107 RESIDUAL AREA: 53.4547 .ACRES PIN 55-A-105 RESIDUAL AREA: 0 SQ. FT. FRONT = 35' MINIMUM SETBACK REQUIREMENTS REAR = 25' SIDE = 10' MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM WIDTH AT RIGHT-OF-WAY = 40' MINIMUM LOT AREA ' 12,000 SQ. FT. SMALLEST LOT SIZE: 12,005 SQ. FT. ALL LOTS ARE SINGLE FAMILY DETACHED - URBAN NOTES THE PROPERTY SHOWN HEREON. IS A PORTION OF THE PROPERTY SHOWN ON FREDERICK COUNTY TAX MAP 55 ((A)) AS PARCEL 107 AND ALL OF THE PROPERTY SHOWN ON FREDERICK COUNTY TAX MAP 55 ((A)) AS PARCEL 105. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. STREAM PRESERVATION PARCEL SHALL BE ACCESSED INTERNALLY FROM BETWEEN LOTS 66 & 67, OR FROM WOODS MILL OR MORGAN MILL ROADS. PROFFER STATEMENT PER REZONING REQUEST # 05 OF 02 THE MONETARY PROFFER WILL' BE $6,454.00 PER LOT, OF WHICH $1,000.00 PER LOT IS INCLUDED FOR HISTORIC AND OPEN SPACE PRESERVATION. FINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT VIRGINIA RANDY A. STO111ERS y SCALE: 1""RED FREDERICK CDATEY'DECEMBER 14, 2003 No. 002342 gilbert w. Clifford & associates �Z_�`� 03 A DIVISION OF L,` �, PATTON HARRIS RUST & ASSOCIATES '�►'D SuRvoi A PROFESSIONAL CORPORATION CONSULTING ENGINEERING -LAND SURVEYING -PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 21 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT BEARING CHORD Cl 89'03'22' 35.00 54.40 34.43 S28'48'57'E . 49.09 C2 90'19'43' 35.00 55.18 35.20 S61'29'30'W 49.64 C3 88'35'30' 35.00 54.12 34.15 N29'02'53'W 48.89 C4, 92'28'46' 35.00 56.49 36.55 S61'29'14'W 50.56 C5 87.05'10' 35.00 53.20 33,26 S28'17'43'E 48.22 C6 91'24'30' 35.00 55.84 35.87 N60'57'07'E 50.10 C7 89'36'16' 35.00 54.74 .34.76 S60'02'59'W 49.33 C8 90'31'20' 35.00 55.30 35.32 S30.00'48'E 49.72 C9 26*23*07' 423.00 194.80 99.16 S88'28'02'E 193.08 CIO 28'20'44' 450.00 222.63 113.64 S87.29'13'E 220.36 C11 26'30'43' 477.00 220.72 112.37 S88'24'14'E 218.75 C12 13'33'01' 1177.00 278.36 139.83 S85'06'55'W 277.71 C13 42'59'24' 1150.00 862.87 452.88 N80'09'53'W 842.77 C14 11'03'44' 1123.00 216.82 108.75 S83'52'16'W 216.48 C15 3'24'16' 1177.00 69.93 34.98 N86'24'27'W 69.92 C16 3'32'46' 1177.00 72.85 36.44 N82'55'56'W 72.84 C17 3'32'46' 1177.00 72.85 36.44 N79.23'09'W 72.84 C18 3.24'15' 1177.00 69.93 34.98 N75'54.38'W 69.92 C19 3'18'35' 1177.00 67.99 34.00 N72'33'14'W 67.98 C20 3'18'35' 1177.00 67.99 34.00 N69'14'39'W 67.98 C21 3.18'35' 1177.00 67.99 34.00 N65'56'04'W 67.98 C22 3'18'35' 1177.00 67.99 34.00 N62'37'30'W 67.98 C23 2'18'01' 1177,00 47.26 23.63 N59'49'12'W 47.25 C24 3'51'31' 1123.00 75.63 37.83 N88'40'06'W 75.62 C25 3'43'34' 1123.00 73.03 .36.53 N84.52'34'W 73.02 C26 3'44'23' 1123.00 73.30 36.66 N81'08'36'W 73.28 C27 3*50*42' 1123.00 75.36 37.70 N77'21'03'W 75.35 C28 3'57'01' .1123.00 77.43 38.73 N73'27'11'W 77.41 C29 4.12'50' 1123.00 82.59 41.31 N69'22'16'W 82.57 .C30 4'16'00' 1123.00 83.63 41.83 N65'07'51'W 83.61 C31 4.19'40' 1123.00 84.82 42.43 N60'50'01'W 84.80 C33 22'23'59' 1500.00 586.42 297.00 N47.28'12'W 582.69 C34 1'57'25' 1527.00 52.15 26.08 N57'41'29'W 52.15 C35 2'34.04• 1527.00 68.44 34.22 N55'25'44'W 68.43 C36 2'34'04' 1527.00 68.44 34.22 N52'51'40'W 68.43 C37 2'45'05' 1527.00 73.33 36.67 N50'12'05'W 73.32 C38 2'45'05' 1527.00 73.33 36.67 N47'27'00'W 73.32 C39 2'47'20' 1527.00 74.33 37.17 N4440'48'W 74.32 C40 2.34.04' 1527.00 68.44 34.22 N42'00'06'W 68.43 C41 0'45'02' 1527.00. 20.00 10.00 N40'20'33'W 20.00 C42 3'41'49' 1527.00 98.53 49.28 N38'07'07'W 98.51 C43 2*27*51' 1473.00 63.35 31.68 N57.26'16'W 63.34 C44 3'20'51' 1473.00 86.06 43.04 N54.31'55'W 86.04 C45 .3.23'14' 1473.00 87.08 43.55 N51'09'53'W 87.07 C46 3*27*02' 1473.00 88.71 44.37 N47.44'45'W 88.69 C47 3'07'29' 1473.00 80.33 40.18 N44.27'29'W 80.32 C48 3'11'17' 1473.00 81.96 40.99 N41'1*8'07'W 81.95 C49 3'26'16' . 1473.00 88.38 44.20 N37.59'21'W 88.37 C50 1'01'05' 927.00• 16.47 8.24 S36'46'45'E 16.47 C51 0'29'41' 873.00 7.54 3.77 S36'31'03'E 7.54 C52 93'53'56' 35.00 57.36 37.47 S83'42'52'E 51.15 C53 86'18'17' 35.00 52.72 32.81 N05'51'51'E 47.88 C54 4'42'48' 900.00 74.04 37.04 S38'37'36'E 74.02 C55 13'33'19' 900.00 212.93 106.96 S47'45'40'E 212.43 C56 64.28'08' 250.00 281.30 157.64 S81'34'13'W 266.69 C57 11'23'02' 277.00 55.04 27.61 S55'01'40'W 54.95 C58 12'52'55' 277.00 62.28 31.27 S67.09'39'W 62.15 C59 12'52'55' 277.00 62.28 31.27 S80'02'34'W 62.15 C60 12'52.'55' 277.00 62.29 31.27 N87'04'32'W 62.15 C61 12*52*55' 277.00 62.28 31.27 N74'11'37'W 62.15 C62 1*33*26' 277.00 7.53 3.76 N66'58'26'W 7.53 C63 29'26'00' 223.00 114.56 58.57 N80'54'43'W 113.30 C64 32*25*53' 223.00 126.23 64.85 S68.09'21'W 124.55 C65 2'36'15' 223.00 10.14 5.07 S50'38'17'W 10.13 C66 94.35'13' 35.00 57.78 37.92 S02'02'33'W 51.44 C67 86'18'17' 35.00 52.72 32.81 N87.49'52'W 47.88 C68 45'50'34' 35.00 28.00 14.80 S89'07'00'E 27.26 C69 37'11'48' 54.00 35.06 18.17 S86'33'37'W 34.44 C70 46'18'53' 54.00 43.65 23.10 N51'41'03'W 42.47 C71 54.51*40' 54.00 51.71 28.03 NOl'05'46'W 49.75 C 22 46'18'53' 54.00 43.65 23.10 N49'29'31'E 42.47 NOTE: CURVE 32 OMITTEb INTENTIONALLY. Q►�'lal Pf FINAL .SUBDIVISION PLAT RED BUD RUN SEC110N 1 . STONEWALL MAGISTERIAL DISTRICT VIRGINIA RANDY A. STOWERS a SCALE: � RED 6ROICK C DATEY` DECEMBER 14, 2003 No. 002342 gilbert w. Clifford & associates A DIVISION OF �4, PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 C41FFT A nF 9 e CURVE TABLE C73 46'18'53' 54.00 43.65 23.10 S84.11'36'E 42.47 C74 40'41'00' 54.00 38.34 20.02 S40'41'39'E 37.54 C75 45.50'34' 35.00 28.00 14.80 N43'16'26'W 27.26 C76 5.45'09' 873.00 87.65 43.86 S48'07'38'E 87.61 C77 5'36'35' 673.00 65.89 32.97 S57.20'37'E 65.87 C78 6'28'08' 673.00 75.98 38.03 S63'22'58'E 75.94 C79 6.28'10' 673.00 75.99 38.04 S69'51'07'E 75.95 C80 6'45'06' 673.00 79.31 39.70 S76'27'45'E 79.26 C81 90.35'25' 41.00 64.83 41.42 N54.51'59'E 58.28 C82 7'56'55' 2540.00 352.37 176.47 S13'32'44'W 352.09 C83 0.22'40' 1256.79 8.29 4.14 N17.37'05'E 8.29 C84 25'17'59' 700.00 309.09 157.11 S67.11'19'E 306.59 C85 7.10*28' 2884.79 361.23 180.85 S15'56'06'W 361.00 C86 15.13'39' 1071.35 284.73 143.21 Nll'54'30'E 283.90 C87 13.12'09' 1256.79 289.60 145.44 N10'49'40'E 208.96 CBB 3'58'36' 927.00 64.34 32.18 S46.40'01'E 64.33 C89 5'01'16' 927.00 81.24 40.64 S51'09'57'E 81.21 C90 0'51'45' 927.00 13.95 6.98 S54.06'27'E 13.95 C91 6.06'22' 727.00 77.48 38.77 S57.35'30'E 77.44 C92 6'23'40' 727.00 81.14 40.61 S63'50'31'E 81.10 , C93 6'28'27' 727.00 82.15 41.12 S70'16'35'E 82.10 C94 6'10'07' 727.00 78.27 39.17 S76'35'52'E 78.23 C95 0.09'22' 727.00 1.98 0.99 S79.45'37'E 1.98 C96 88'19'39' 41.00 63.21 39.82 N35'40'29'W 57.13 C97 5'01'38' 4960.00 435.19 217.73 Nii'00'09'E 435.05 C98 95.50*40' 35.00 58.55 38.77 S83'03'40'E 51.96 C99 84.52'25' 35.00 51.85 32.00 N06'34'47'E 47.23 C100 88.05'55' 35.00 53.82 33.86 N86.56'03'W 48.67 C101 92'10'01*' 35.00 56.30 36.35 S02'55'59'W 50.42 C102 4.19'55' 923.00 69.79 34.91 S45'18'59'E 69.77 C103 5.09'21' 923.00 83.06 41.56 S50'03'37'E 83.03 C104 5"25'50' 923.00 87.48 43.77 S55'21'13'E 87.45 C105 0'07'27' 923.00 2.00 1.00 S58.07'51'E 2.00 C106 66'50'33' 35.00 40.83 23.10 NBB'23'09'E 38.56 C107 60'04'14' 54.00 56.62 31.22 S85'00'00'W 54.06 C108 46'18'53' 54.00 43.65 23.10 N41'48'27'W 42.47 C109 46'18'53' 54.00 43.65 23.10 N04.30'27'E 42.47 C110 46*18*53' 54.00 43.65 23.10 N50'49'20'E 42.47 C111 46'18'53' 54.00 43.65 23.10 S82'51'47'E 42.47 C112 1'30'46' 54.00 1.43 0.71 S58'56'57'E 1.43 C113 2.54'52' 977.00 49.69 24.85 S56'44'09'E 49.69 C114 3.57.50' 977.00 67.59 33.81 S53'17.48'E 67.58 C115 4.23*19' 977.00 74.83 37.43 S49'07'13'E 74.81 C116 4.02'29' 977.00 68.91 34.47 S44'54.19'E 68.90 C117 3'45'37' 950.00 62.35 31.19 S37'23'19'E 62.34 C118 18'55'26' 950.00 313.77 158.33 S48'43'51'E 312.35 C119 42'59'24' 1123.00 842.61 442.25 N80.09'53'W 822.98 C120 42'59'24' 1177.00 883.13 463.52 N80.09'53'W 862.55 C121 22'23'59' 1527.00 596.98 302.35 N47'28'12'W 593.18 C122 22'23'59' 1473.00 575.86 291.66 N47.28'12'W 572.20 C123 9'17'16' 873.00 141.51 70.91 S49'53'42'E 141.36 C124 9'51'36' 927.00 159.53 79.96 S49'36'31'E 159.33 C125 15'02'33' 923.00 242.33 121.86 S50'40'18'E 241.63 C126 15'18'29' 977.00 261.03 131.30 S50'32'20'E 260.26 C127 25'17'59' 673.00 297.17 151.05 S67.11'19'E 294.76 C128 25'17'59' 727.00 321.02 163.17 S67'11'19'E 318.41 C129 246'50'33' 54.00 232.64 81.83 N01'36'51'W 90.14 C130 27l'4l'O8' S4.00 256.06 52.43 N23'48'17'E 75.24 C131 3'32'07' 1 873.00 53.87 26.94 S52'46'16'E 53.86 C132 64.28'08' 277.00 1 311.68 174.67 S81'34'13'W 295.49 C133 64.28'08' 223.00 1 250.92 140.62 S81'34.13'W 237.89 LINE TABLE LINE BEARING LENGTH L10 N74'30'31"W 423.62 L1 S61'44'02"W 45.71 1-11 N16'01'13"W 29.28 L2 S02'26'15"E 37.94 L12 S01'41'26"W 28.27 L3 S02'00'28"E 28.34 L13 S17'14'18"W 20.36 L4 S07'59'49"E 18.93 L14 N64*30'25"W 17.53 L5 S14'26'30"W 11.89 L15 S15'06'10" 20.26 L6 S25'32'18"W 19.07 L16 N20'39'32"E 33:60 L7 S52'12'10"E 68.68 L17 N62*20'07"W 73.05 LS S36'04'19"E 24.77 L18 S49'01'05"E 9.55 L9 N78'28'36"W 31.15 L19 S17'52'57"E 167.37 FINAL SUBDIVISION PLAT tiTH 0 RED BUD RUN SECTION 1 O STONEWALL, MAGISTERIAL DISTRICT' FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 o RANDY A. STOWERS y gilbert w. clifford & associates N0. 002342 A DIVISION OF /Z-z-off PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 2 LOT INDEX KEY•SHEET ROUTE 656 MORGAN MILL ROAD t v 8 , ] A MERLOT DRIVE FUTURE SECTION 2 LOT 85 LOT 84 LOT Be LOT 83 LOT 87 LOT 82 LOT 88 LOT 61 LOT 89 LOT 80 LOT g0 L07 79 �RGINIA STATE LOT 91 LOT 78' (NA0 83) LOT g2 LOT 77 Not. TH GRID 3W LoT g3 3 LOT 76 W to?. 94 tor >5 COl 3t 95 LOT 74 LOT 'A' STREAM PRESERVATION PARCEL COT g CpT 73 1 \ e \\to?. (pTg>1 a1wtT?1 FUTURE SECTION 2 CpT'? CpT 98 CO T (OT >0 09 COT 100 COT e v 6 S ^^ COT toT LOT 'A' Ao ej * "o~ STREAM PRESERVATION PARCEL v COT�3 o OPEN SPACE 'B' � COT CoT 4oT?4 to.,, � � �..� %3 �q� b % TOT 25 tor to), \0 1 44 LOT 14 ? (OT 8 Vol 84 NOT INCLUDED A ^'{ tor 4,T 6 COT 15 16 COT to). COT I'04 I r� LOT 53 ; m ?> 4? to" a 16 W 41 LOT 2e to" LOT 49 LOT 62 CoT 1 j COT T > LOT Sp LoT 81 40 COT ?g to?' 16 to?. 6 LOT 51 to)-OT 39 L JO COT LOT s LOT 60 CpT 195 COT'36 52 S"e LOT 59 CoT 31 to?.4 COT 4 - LOT 37 LoT 20 LOT 58 LOT 3? LOT 3 COT 38 LOT 21 LOT 2 L07 54 LOT 57 mLOT LOT 33 LOT 22 LOT 1 LOT 55 LOT 56 LOT 34 OPEN SPACE 'A' OPEN SPACE ROUTE 660 ypODS MILL ROAD FUTURE SECTION 3 Q?CONSULTING rFINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT RS '—FREDERICK COUNTY, VIRGINIA SCALE: 1" = 300' DATE: DECEMBER 14, 2003 gilbert w. Clifford & associates 'A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 5 OF 21 I I RABBIT CREEK, FUTURE LP, TU TM# 55-A-107 INSTRUMENT #02001957d ZONE: RP S74'45'08"E USE: SINGLE FAMILY 54.00' DETACHED URBAN FUTURE SECTION 2 I F�. CRI— ' ' MACKENZIE LANE w II S73'18'51 "E C10 47.1 s' 54' R/W w -- I _ I C11 - -'W� 2 I EGA '� I RABBIT CREEK, LP, I I TM# 55-A-107 I I w I I INSTRUMENT #020019578 ZONE: RP lco I dI rl M I I, USE: SINGLE FAMILY N u4 I 27 I DETACHED URBAN (0 NflI '6 z I I FUTURE SECTION 2 I i. W 3 . IU ( 4 I vi w I RABBIT CREEK, LP, I LO N N TM# 55-A-107 z N I I I INSTRUMENT #020019578 ' > I ZONE: RP ' USE: SINGLE FAMILY I DETACHED URBAN I 0 1 FUTURE SECTION 2 I I � I OJ .78786 ACRES HEREBY DEDICATED TO PUBUC w STREET PURPOSES 26.65' -{ � \C'" S73'20'38"E GrO �cS _ 120.30' Q MORLYN DRIVE 238.20' _ _ �- 62.02' � - n S73'20'38"E 300.22' 1 I to 54'—ELL — 0 in I °'I N73'20'38"W C, I ZQ I Gry 122.35' I � 1� _lL i O I N71'40'30"W I I RABBIT CREEK, LP, 54.08' I TM# 55-A-107 INSTRUMENT #020019578 w ZONE: RP I I USE: SINGLE FAMILY FUTURE I MI N DETACHED URBAN R W 100 FUTURE SECTION 2 ZI I FINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT O$T��,''R$ '-' FREDERICK COUNTY, VIRGINIA RANDY A. U DY STO SCALE: 1" 60' DATE: DECEMBER 14, 2003 gilbert w. Clifford & associates GRAPHIC SCALE -2-3- 03 A DIVISION OF 0 30 60 120 04' PATTON HARRIS RUST & ASSOCIATES Savo-, A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft. (540) 667-2139 gWPVT R nP 9 CO LOT A STREAM PRESERVATION PARCEL SEE SHEET ?� Z 0 \ LOT 84 o ` CP RABBIT CREEK, LP, TM# 55-A-107 / INSTRUMENT #020019578 ZONE: RP USE: SINGLE FAMILY �2 DETACHED URBAN %�20� RI* FUTURE SECTION 2 �J rl Nod Cn LOT 85 P,G � 0 v, U7 C CO 9 /' � aw- \ A LLJ 0 CP Lij W - - - CAA RABBIT CREEK, LP, TM# 55-A-107 INSTRUMENT #020019578 ZONE: RP USE: SINGLE FAMILY DETACHED URBAN FUTURE SECTION 2 FINAL SUBDIVISION PLAT o RED BUD RUN SEC11ON 1 O RANDY A. STOWERS STONEWALL MAGISTERIAL DISTRICT No. 002342 FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 gilbert w. Clifford & associates GRAPHIC SCALE A DIVISION OF 0 30 60 120 l`4�VD �j I04' PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft. (540) 667-2139 cucrT 7 nr 9 a GJ A kO� 7- Z �N3. n LOT A STREAM PRESERVATION aA PARCEL w O S73'06'43"E SEE SHEET 2 - 155.48' - - 325 1 77.57' 79.80.0 7 S81'0415�"E l 82.60 0 — gRL -1 I r 25' BRL for 25 79.92 cr �g`1, 1 r 2g' BRL �11\Z(����f�\\!�l\ ,\► o\�w�\ 12,B10g S� ; \ \ �I 1�1 1 N� ti60� ��$1��p'9'0. o� to 'C� "'" ,QI J lII 1pI1Im1 Io 1 -L - rLO$pLJ lol DRANAGE 161 I o1 #mII 251100 IEASENT moI�II zw IIII 1l w0 I,1 00nloIxw -rn1W LOT 81 oILOT 80 2N i4 uI IZO9 SF. OT S2 d'0075 S.F. Io =L� C5-3 F.�Nin �1rn Or IZ _01 84 SF' t�, F. v Ww 1 14i I # 228 w y 23Lij 230 I BRL 5R3=LJ U) X 234 --119\ #236� I 1 I \0'-\ C18 C19 C17 C120 Ila ` c_16 20' WATER EASEMENT 54' R /W cam— -q S 3'3 '47"E .k 10.5� C119 5712"E 9-- _ 0 _ C27 / 20' SAA . ESM SE`I� T C26 N6 '12'47 W - _ - 293.51 I 241.00' I I 1 r p BRL 1 r- 35TBRL�a,I 0) N83.Op 47 W 1 r '�5 26 3 -� 1 EASEMENT I I I # 227 I� 00 , 35B 5I- I # S7 I I Z Ld 231 I I co I 12,072 S F. �I LOT 89^ I w t �0' �R� \ 23 I I NI 12 012. S.F. 101 LOT 88 I3 ( m = ; - 35' 6 \ ` S 86 I 1 o p 11 � I 012.136 S.F � � � �m oI W I Cr) ,► ,Z\ 12 p64 S.F• o JI o A WI m�d.l �lo r-I -'I W LOT gs f La. 0. \� ��� �o\a;1r w 1%\'0 �1 w`�\%� rl 1�1 I I I BRL 1 I BRL Z r\�DRAINAo I EASEMENT o f 0 6.81' CL 66 21' BRL 61.75 1 57 p6 S79'4055"E 1 BR _- r%i' - 153.77 79.18 \ _ , 2 50 ' "E 586•18 52 g0,30 S827 19'38"E • DRAINAGE EASEMENT RABBIT CREEK, LP, TM# 55-A-107 INSTRUMENT #020019578 ZONE: RP USE: SINGLE FAMILY DETACHED URBAN FUTURE SECTION 2 FINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT o RANDY A. STONERS FREDERICK COUNTY, VIRGINIA L) N0. 002342 SCALE: 1" = 60' DATE: DECEMBER 14, 2003 � - gilbert w. Clifford & associates GRAPHIC SCALE A DIVISION OF 0 30 60 120 04 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft. (540) 667-2139 CUMT a nr o C::) z z sa LOT A STREAM PRESERVATION PARCEL S73.06'43"E SEE SHEET 20 155.48' _ _ S_66'42'09"E 77.91' - - 156.23' 77.93' - 78.' Sg6.' 43 3045 In 1co i 25 BRL i j i 25' 3-RC-1 I r 25' BRL 1 / _75 8 ` ` 368.48 II III I I 1 I 1 25' BRA �0 04, -_ 0c)I I� A IUJ m mfwl_ I� JI ► I 1 I 1 / 1 / 25' eR 1 W��lo LOT 79 �I I"'Io mI"';.,Im adpl o W PI IZ282 S.F. c" n LOT 78 bh;: �o- ml�O/ 0 J J -� 2�°f IN1.-I 12,528 S.F. ^IyIN I� LOT 0 o N o m/�,i %m J/^/ O � Z I IZI I N 1 12,78 77 I.'Cd I I # 226 I I I IZI I 5 S.F. /Zi ^/ LOT % �/�/ o % �C141 W L j�BRL # 224 I / 12702 SF ^ n/ LO L�l V) I I L Z.5��L J � � 222 I / SF /2; �/ 1 , � 7,S L_ 1 1 !_ 35�8� J ' 1 # 220 / ? , SF, l:�u Z 1 1 L 35' / 1.41i t 7 C20 C_21 I ` �B� ,l l if 218 /r W _ C120 q 2J2/ C13 :t �23 21 �- 10 20' 35 S 238 6'9?"E N MAC_ E=SEMENT S58 40, ••E 1 gal. 9 c� _C119 EN�sE o0 11 E 54 - 0• 1 N69'12 47 W 1 241.00' C�1�-?= 9,3 R j 00 0) 35 BRL 1 19 I # 225 I I t- 3� BI 1co1 I co 1 I SEWER ESN i Im IZ445 SLOT OF irN31 -i f 223 OO I `oWilo ol* IC b 12141 0S 1 1-IIvil^Ir-S.F. WIM . I NI I W 00 _ BRL I I S67 24'56"E 1 135.83' - Lw 1 6.16' 1 (n� 64.67_ 72.60'_ S72'20'53"E 137.27' DRAINAGE EASEMENT GRAPHIC SCALE 0 30 60 120 1 inch = 60 ft. RABBIT CREEK, LP, TM# 55-A-107 INSTRUMENT #020019578 ZONE: RP USE: SINGLE FAMILY DETACHED URBAN FUTURE SECTION 2 tANDT' A. STOVERS No. 002342 1 _ l ,9 84 �00'00, S59 24 / 1 3� BRL 85 -- 80. / l 1/ - 4 / 243 DRAINAGE II ylIR311 /EASEMENT •o/►2/ ^/o / BR• L-/;/ l� / S3 0 moll'219 /lo�m LOsFul/ it `IN1�Ib 12,083 �� # 93 SFR 1/NPl �/V/m 12,269 S.FoI §//lM1wp�io 1�82 1 BRL l l 101 o/ 3ZY7rn7 7337' I BRL l l l /r/W LOT 95 1 1 RL �n/V) Ly S58 42-24 F� - 419\25, FINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 gilbert w. clifford & associates A DIVISION OF EASEMfNTAGF ` ` Op ' PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 gWPrT 0 nc a Qz_ LOT A -:L a STREAM PRESERVATION a w PARCEL �� 171113 S56.43'45_"E 368.48' SEE SHEET 21 S48'49'21 "E 75.59' 76.03' - - T _ - - _ 321 20' 71.04 T I I___ 76.12. �-- r 25 BRL j I— 25 BRL —I j I— 25' BRL j L 81'20' I�1 �I 11 J o:1 ( I J JI I i I I 25' BRL -1' ! rr-ll�io= wI ' Im ml ' Im ml ! I III I^ I�Ib pl�Irlp ollolo OIOD!" Im -'IW! IJ ICq C� �`� I I� LOT 74'���In1 LOT 73 ��IN1 ^ ^I° o ENN - Im I^!.- 0 _ :`� 12,139 S.F. r col 12.265 S.F. r^- 12,1089 SF. I� �I^ LOT 71 o�NI'r?Ip m '* IM��1 IMITI IiA1^I 1 o51 S.F. c' sF m M'°'1 IZl 1 2,4 Iz1 1 1z! 1 �' IMF °I 12L,all �j��LW , c0 I z1 # 216 I I I # I (I # 212 1 I i Iz I q L 35_g�J 1 35_BRL�f L 35_BRLJ L 35_BRL I I I # 208 'r! Co Mf 'j ! L- - 5--�81 J; W 71.00' 117.65' C34 ! S58'40'11 "E 180.10OM—AC.'11KENZIE � EASEMENT SEE DETAIL "A" _ s58.4o'11"E �8LANr-54' R�20' SAN. S4948'S "S58'40'11"E 18SEWER ESMNT Q122194.997E\— 4 26'03 E I --- S57'03'22"E 254.73 Cr-BRL 35 236.23' r 35 BRL I m ril # 21NAGE I I # 211 I I— 35TBRL- ! I � OR ENS !209 fTII�IJ EPSEM Iwl I-j KIWI I� GRP1 ME�� Ia�o! 0 g3 Vol 9 Cl)= 3Im 12,2 7 SF. EI^ MIE LOT 96 000ob 00 10)lo _ I�IN10 1Z244 S.F. o o'colo m1'-! I- MI� o,�!^^ I„ ^1 LOT 97 ! �I '-IZI I �Iz I I 12.055 S F ol� 1 1 oy co I I I I I I �� ' c= I N I L _25' BRL J I I... Z,', Inl � J o! Lv I 12.83' N5522'17"W 393.09' y Li _ 76.94' - - _ 77.52' _ 32. 4j (� S58'42'24"E 419.65 543�5?1 EASEMENTAGE DSAI A 6 E 7g 46 7• E i \ S34'37'43"W EASEMENT 7.23 S5j'17"E 0.2 / M�^ RABBIT CREEK, LP, / LOT 72 z) LOT 71 TM# 55-A-107 c EDRAINAGE ASEMENT I INSTRUMENT #020019578 ZONE: RP USE: SINGLE FAMILY • ryq��i°Aye I DETACHED URBAN 40 �� FUTURE SECTION 2 5.53' 4.76' / \ _ / FINAL SUBDIVISION PLAT DETAIL "A" �,LTH 0 RED BUD RUN O � f�� SEC� NO SCALESTONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 RANDY A. STOVERS y gilbert w. Clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF 0 30 60 120 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING S�1Kvr '� 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft. (540) 667-2139 curPT in nr o ---,�S48'49'21 "E_ 81.20' N LOT A STREAM PRESERVATION PARCEL SEE 321.20' _ 82 69 25' BRL�� �Z BRL , F ��-, � � � III III �Wa OO in I O] m I•W) I� N I a I- LOT 69 o1,, 'q - LOT 68 o�N ��o JI L j ^I m 12,611 S.F. ;n cpl 13,108 S.F. I^ b L m OT 67 I W NI_ IZ j �I Iz 1 ^I 12,2I r39 S.F. of s = bo 4 wl ZI �# 2oBRL_i I L �BR� I I I zl_ 35 � � 202 W , , --I I L 35_BEL V) 1 1 164.01' 1 C38 C39 G C40 420' WATER EASEMENT — _ _ C33 VMACKENZIE S49'48'S7"E 10.29' � LANE C194.99 N41'17'51 "E IC 1.47' N 20'SAN.Sq''tn 46 -- _ _SEWER FSuAIT S44'35'22 E 248.99' 1 O L � 20 RL E I I- 35' 205 BRL , r I P��PEN�I 1 1 I I I 00 R OR J 0 EM 1 � W i� Im �p,5 -�Irn 1- Im �131 Im J=I C LOT 98 M. Flo mI`p ��o (nI- 12,265 S.F. o1"1^I 1LOT 99 -IoI0I'— Wl�I IZ1 1 2.399 S.F. Imo,• —I W Iol III N' V7Iv`riL?5'PR 393.09' r N5522'17"W 1 DRAINAGE--, S05 1 72,�6� EASEMENT S43'25T21 "E --_"'_ ��7 198.67 S47'35'46E S44'16'49 174.17' 90.55' RABBIT CREEK, Lp INSTR MENT _A-107 ZONE:R p °19578 USE: SINGLE F DETACHED FUTURE SECURBgN Y nON 2 LO Ir— ^LLJ IN I— O ro W M vI C/) 3LLJ a o Lv W o Y N FINAL SUBDIVISION PLAT OF � f REDS B �D�RUN STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 o RANDY A. STOWM y gilbert w. Clifford & associates GRAPHIC SCALE No. 002342 A DIVISION OF o ao so 120 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION 1,qa„ SU� CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft.. (540) 667-2139 currT 11 nr 171 0 16 3X 1 6bl>000' //� \ d\` oA .p1 \ 6ti p\ .4 op\ LOT A STREAM PRESERVATIONRdel PARCEL��\ �, �, 52•��'� 1 OF \NloteR vM ".000, �53 °' h. G =�>\ pp\ y � I �l�v ° � o >� N��i � . C/6 1-4 lot .70 i 10. /g�� 11 r- 1 °) ftn �'.' I- N o I H I O v0 0 ` ,L02. O9, NO� 00 N I �b R, 1 I Nw �^ '"`MI MUI = �� N3L10 BRL���O N6��0'L�� 10,BRL (�j 8 03'35"yy W N.�..9 50"W W 143.39' -- MW. W( 0j E 5EM NIT �E LOT 10 co n 3 `" 3 o W' '► 1, -j IZ327 S.F. d Lu '-10 '- Y ;NI W �I'- IN m # 200�.y Z Rol 1 �Io N (n N 3 C42 G�C.51�� 0 0 0) p L-20' WATER EASEMENT C54 SEE SHEET 11 N 106 g7 -' r 10' rn U t Im$ r m °'1 rl N m� 31 r I"� IZ154 S.F.' 41 �I = # 116 L -Rf�— -j rrl ap l rn _ WATER M 1 --- W C76 - ' -C123 MACKENZIE LANE C55 54' R/W SEE SHEET 15 OF FINAL SUBDIVISION PLAT .L Irj RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 o RANDY A. STOVERS a ilbert w. Clifford & associates GRAPHIC SCALE " No. 002342 9 A DIVISION OF o ao so 120 /0-z3—p3 PATTON HARRIS RUST & ASSOCIATES '4 A PROFESSIONAL CORPORATION 91►� CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft. (540) 667-2139 currT 11 nr 1) LOT p VA�ON �._.�..�'.. SEAM P RER - ' .� EET Z� ' SEE SH 519.83 ,," 5.00 s� g667l 4� 1 7 1 75.00 1 Zo 1--S�gRL 1 1 ci VII 1 r 2 1 01 acp w rn1 1 1 �I �I Vol 1 � J NlCD LOT 1 �F, 01 1 (r1 =1 r Jm LOT 6010�012.02 �131 —1 -CAW0i 0I t o 12,011 S F• `;M�1� I - � N gyp"( ?- N 1 N1 �.�"` 1 EASEMENT 1 1 1� -75 7, »W �n EMPER coo-1, CR?W �- K � -31 Z• N 54' R /W 249.13-p0... 72., N56'41 23" W 114g°W 73•p0 ' 171.921 4 ) 73.00 25310 1 "W 1 _ •� RL� 1 '3# B5 N1 " , 2459 35 B 1 1�1 SpN• t 01 Z 1 35 g 1 1 1 2a Ems' 1 1 LOT 52 f n - 1 # 214 1 1 1 # 216 e i _ 1 J12.129 S.F. �1 x 1 �1 r O n ► 01 LOT 50 �� �1 oc12L.oa S' m1 �1 m m 1 1 =1 cC1 12,109 S.F• m�gco 'o\1 4 0 �G 1 1�1 1 1 1� 1 W 1 1 1 1 BRL 1N► 1 L25� N1 1 1 L. 125'BRL J ► �01 1 157.01' M, RL J ► ' 42 W �. 1 ZIP �5 B� 202•p0 N64 y9 ► N67'10' 43"`N T� 81.04 1 7;6 _ 1 0 20' DRAINAGE 1 N54'34'53"W b 25 gRL " EASEMENT (I) 130.71' `O I N56'44'29W 68'0;p87 ---- � Tl I I 140.21 1 ( _ BRL 1 ' 20' DRAINAGE I r- 131 BRL n rn — 25r5RL W I JASEMENT J 5' LOT 6 w '* �I LOT 5 6'I'6 = \'p 4 W i �o I- I o- m 13 m 12,005 S.F. n I (pl 00 12,193 S.F. mI m °' W 13 r LOT 8 * IN m LOT 7 M Ix o oIN Ln _ 1 m _ ^ Im 12,085 S.F. olio Iri I- 12,139 S.F. o o �IM 1 �I of I --1 � lbo) !"o # 114 �I0 -lo # 112 SIN 110 I`n I # 10e 13 , W ILL_ 35 BRL __ Jz) L L 35_BRL��I W I I 1 V) I 20 WATER 1 v 1 EASEMENT ;qI M 91.00, _ _ 1 _ 80. )0'_ _ _ 75.00' S54'32'20"E 31 4.89 it C55 MACKENZIE_LANE S54.32-20"E 54R W N 314.89 GRAPHIC SCALE 0 30 6o 120 SEE SHEET 16 FINAL SUBIVISION PLAT 1 inch = 60 ft. tiTS OF RED BUD RUN r�,A lr1 SECTION 1 STONEWALL MAGISTERIAL DISTRICT p FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 o A. STOWERS y gilbert w. Clifford & associates U N0. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �4y CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 gWFrP T 1 K nP' 7I W tv LOT A SEE SHEET 21 STREAM PRESERVATION S66'11'43"E 519.83' PARCEL F66.99'-7 — — 158.83' — — 16-4.61 o0 A A BRL----7 1 I I I z IN16 J J 1 °m ,4sta 57 LOT 58 o r,,l /ti N I clI 0 I �0 12.243S.F. I�lI?°�cy�'/e�� II 1�� �1 13 1ZI L 35' N6621'����/ O 1 I N L_ �20 eN,EN �/ R s �` u'- 1 80' 1 C I N 09 30 C7o Ep,SSVENT J'•^� �I I C1 f-S23'38'18"W �I 1 33.61' G6$ 9 76' 9.52' I 1 m N66'11'43"W 6.47' ��'� �cwr- N I 1 �, O I m 249.13' 0, 1 w 1 V1 I 1 N66'11'43"W R.54 0 10 BRL o? 1 1 N63'3956"W DI < I I Z 312.99' ---T 1 w 249.13' KEMPER COURT 1o7.s2 ' 55.76' I 1 N 66i 1' 3"W / 20 RAINAGE 1 p 29.60' tr) �,�N EAS€AIENT BRL $ g 1 iii O I N56 41'23"W �g I ry I 0 1 171.9 . C73 ! 4j �• I 1 I N 1 3S 2 1 p.00 %\ y rAl O 100, I 1 1 I ry I N ?0 �� 1rl I v I r 1 cri I I SEWER ESMT 1 I tr 3 # 222 , > >;0� 40. 0 Im LOT 53 �3I ��A\?� 1 �' w I 13,320 S.F. m 6 I n m !\ 4 \ -� Z D 1 1 io ii.ao I610 .Ol 54. \� \\ 25 Im I In act I o ;n 4 C .� °n rn ct 1 1 �NI^t1 1 ' \ ` \BR�A?' co� 11715W p IT► p 1 0.50 3 .80 I J I N 17 35 209 1 nap 1 N74'1929"W 131.07 � 75 p0� I 1 1 N63'42'42"W , 53.57" I 1 I A 9' 37.02' 43_ 55.23 61.70 % j 31 1 w l 1 1 1 CC00 CD 1 ao 1 0� * 1 W w I �' 1 , 'fl 10-1 N 1 „ 1 1 1 N-o= 1 O 1 n l c^n N t°I N 2 p3, 45 E I W 1 f"I C M- S6 0 N 7010)m mlS8T09'11"EI2 . 1 f�N5644'29" I S76'46'09"E 270.67 S7g2a 1 n .L 14D.21 W 10.94' 64.26 1 1 1 Z BRL S68'15'20"E BRL of cn Flo% 3 78.58' 11 I J rnl /m Ir Cot 20' DRAINAGE I J �I I IaD -1 �`N_ I 3�o LOT m �Io� -� EASEMENT) ir LOT 2 1 1 0l0 4 o ui m m Im12.955 S.F. 1 �o LOT S.F. \ �1�= v 080 �F..- • ►� LOT 3 m� I of 1 I 15.967 I I N/5tos NI°r° b t2,56t S.F.o) I 10 104 # 102 L► 3� B 1 / 4DRAINAGE I 20' WATER 1 1 10 57 EASEMENT I SEMEN 3- EA 0 2E 33 C77C80 9 50'18 E 554 32 � � C78 _ _ � _ C79 — — � 57 29 83 S79'5�'15— c — — — 112.3 314.gg�"E MgCKENZIE C127 LANE E L~1 Cg4 SEE SHEET HE _ C84 _ — --- C� SEE SHEET 8 T 17 549 R /W EeCONSULTING FINAL SUBDIVISION PLAT RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT ' FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 GRAPHIC SCALE gilbert w. Clifford & associates A DIVISION OF o ao so 1zoPATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION NSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 60 ft. (540) 667-2139 curry id nr C� �- s.,9 SEE SHEET 12 R�w 54 �s� C55 — E 54 s5 314 g9, ZIE LA 66 Oi Op � y'o 54' R /W .05 ACKEN C124 ' ' - S5� 3p 324 wI Vn LOT 1 y) 16 �1 s38 63.76 24 1 sEw ENS 3 # 18 \ g= `1 r .►35 gRL w I 35r-BRL I I # 11l 1w l0 1.OT 15 a►\ �� (n �. 119 Z 0, c�PI`N 12,521 g F. 1 Lp LOT 11 fTl 1� 3 lo� LOT71s �1\Imo �► m 1:cri �_ cr cn 6 14,13 7r1�'glr 1 _I cs� = I,.�� O��m $ N�WI� \ 1 BRL 3a, tn cc-tol 241• 1 d I►o r1 1 BRL 1 M N o 1 M cn I LOT 13 " N15,955 S.F. 1 g51'32' 03 E 1 I l� E&Nt 1 L_ 25 BRL _ Jc� 1 ,16E l 8 I i rn 6 LOT 12 '1 pS40.59'00"E 157.66' 8 1 S5 , o _ _ 118.89, _ _ �• 38.77' Sa �290 w� 0 85.53' _ 72.14' 1 S40.59 WE 141.47 v7 1 125' BRL , 1 r 25` BRL 1 ; 25 \�� LOT 26 00 3I III 111 ���cn of^rn �z N 31 olrn �mc ,I I�Io ol,Wlo VVI SF. 13\\ 0 0 ¢ z o N of rn o - 24 �1,►Iw 12. �,,� Y o a j o o °0 0, `� �U) I I� LOT S.F. wl c�ol� \ 1 � w 1 N w F o f r� Ire �I . � 12,00 aj .. w c w °f 54' LOT 23 r °I w I r N,1 305 \ Uto~ZZS N v)) 1 15.421 I �fl 5�BF31.J \6n mz 27 1 1 3 �N(nQ w 1 I I #,303 m o I-� � � � 301 I\ 35 BRL J 1 o: N ? Lu o U L_ 35' BRL .J —20 WA ER "- lb Z 1 EASEMENT CA — - W c� C'O� -- �p� ��_C102 - C125 S5683' 11g W W 2�� C FUTURERf) o Y MORLYN DRIVE c1�s o `" MI R/W N i C117 _ — —j17 5'4 "E C114 z 54 R�WC12sC116_ 5.36 1 N, O�\ gAN• NTIw �RL'1w Cn N yrER ES aD r 35 ? \ LOT 4 1 # 304 _I_ y 1 r 35' BRL 54.11 # 302 1_ N37'17'05"W I0o SIP I rn, '0 01 FUTURE �1�1 1� 46 `� R/W 11 T P12,299 4S.F• � 1 1 1' 12o27 5 F. r'\\ 1 rn 5� 1 awo 0 0�3� tiO�P�?x``'�� CC \ o` RABBIT CREEK, LP, °D PI L 25_BRL_ `l INSTRUMENT #02 019578 2 J1 ZONE: RP �S36'45'22"E USE: SINGLE FAMILY 44.61 DETACHED URBAN FUTURE SECTION 2 GRAPHIC SCALE 0 30 60 120 1 inch = 60 ft. RMY"A. STOKERS No. 002342 /0 - 0-3— ':53 ;L SI>woJ S37'34'1 i?"E 82.74' 78.36 OPEN SPACE "B" /5.1658 ACRES SEE SHEET 19 FINAL SUBDIVISION PLAT RED BUD RUN _ SECTION 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRG►NIA 22601 (540) 667-2139 curry l c� nr 0 Lmg -SEE SHEET 13 s„ MACK_= ZIE LAN_ E S5432'20"E a QZ 54 f R W 314.89' S_54� 32'2 0 "E cv g 80.00, — — _ 314.89' � I_ S5480.00' '30'06"E I 85.00' V) 324.00' Iz — �, M 35 r —sue- 20' SAN. IMLnf- BRL a -r — — 1 SEWER ESMN7 1 I� # tt3 oN I 3 ttBRL -7 I r . 35 BRL = 191-' o I # 109 o r- �& Vol mIW 1 LOT 3 S6 N � o'- m LOT 17 I- lol �� ml�l� —IIN m `tlao. 12,062 S.F.mlvj-gN LOT 18 IW } 1r ^ N o ^1^ - 12.251 S.F, p1OIN IW ,i Ul i z1 I NI F ,. � (� I S5132'03"E BRL BR N60'00'30 W o 1 W 1 241.38' RAINAGE 237.18' ^ 1Li 1 EASEMENT N IIIS56'18'16"E 249.58'I N59'22'39"W 230.19' 0_04' 31.42' 48_77' 85.30_ z _ Iw 80.54' 82.04 14.10' 68.93' - - 82.02' � K 1 25 BRL 1 r 25BRL I 25' BRL I 25' BRLM I I I I 1 1 1 11 1 1:2 � m ;* Io i (A ml I J j 1 1_ �1 o6 1 W (� _ LOT 26 qI•� 1- C LOT 27 m�31. 1 m miW 1 m LOT 29 I w L, 1 Q _ �,1� 12,035 S.F. p° 9° I m o° 12,040 S.F. m 1 _ LOT 28 N 112.077 S.F. 0° 1 = c' m 01r �1�,1 �1� o��l,�10 12,088 S.F. o1ml Flo of Wl cn m Iw I ' �,� I� �I I� �I �Ito Lli I I # 307 1 I I #, 309 IVi 1 1 31t Ito 1 #its I N W Ul l L _1BRL J I L— 35 BRL J i L 2= BRRL J i L —3� BRL �'-I V) EASEMENT Z I I C105 78.50' _ _ 82.00' 83.00' _ _ 82.00' S58'11'34"E A 499.36' S5811'34"E _ 581.19' C118 MORLYN DRIVE 54' R/W ;�� N C113 GRAPHIC SCALE ° 30 60 tzo inch = 60 ft. 70 00' 70.00' I 70:00' — _ 280.55 S564321 "E 20' SAN. '' I I SEWER ESMNT 1 _ 1 1 C 1 5' BRL 1 1 I- 35' BRL -I 1 1- 35 BRL 1 lol #310 11 1 #312 11 1 #314 IW1 J � I 001� _I01coo_ i Im �I�IwIJu ml�IWIED �1,01 to LOT 43 A10 C1 LOT 42 rlo 0 I LOT 41 rlm W I^12,600 S.F. 101�I t2,600 S.F. I01" 12.600 S.F. i I W I I 'I� I I -I 1 1 1= GPI I III I ��31 111 111 lolw Im I i� I III 1 1 1 (n " L -a BRL J I L 25LPRL J I L -2�Ba-� 1 jV) 70.00' 70.0070.00' S5811'34"E OPEN SPACE "B" 5.1658 ACRES IWDY A. STOVERS No. 002342 �& SURWit 497.44' SEE SHEET 19 FINAL SUBDIVISION PLAT RED BUD RUN STONEWALL MMAGISTTERIAL DISTRICT SCALE: 1R = 60 COUNTY, IDATE: ECEMBER 14, 2003 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES CONSULTING ENGINEERING OI - LAND CORPORATION S RR ETYI G - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 LOT 17 9 s„ _kk s z } 01 15 LO-t 29 A] I.OT42 Ot41 W Lei V) } LiJ Ij W () a C) LPN B��Iv SEE SHEET 14 co 9. S54.32'20"E M ACKEN ZIE C84 - -34 W C128 S60'3�"E 665.29' s" 1• 3584 2'20"E 20' DRAINAGE ► gRL 1 EASEMENT I r 3 # t03 m`A W �r — w —'35 gRl I W lob 3y 10RL '`vn� �owi- a� M t05 �3 t2099 I'�IO= N� N N tc LOT 20 m'"'og I�• b ro 12,040 S S.F. rn• M CD — N o 12.018 S.F. p� �I n 2g LIj W IV Q N Z J 114 1 BRL 265 01CP Z E N N (n �°D S70'S0'01" 1 io , N60'00'30' W , gRL I •1815"w 2p6.70� ,^ 237.18' 7,40' N EASEMENT N69 _. ,,N59'22 39"W 230.19' ' z 96.12' N64 50'51$1_32' 76 47 15.0, 1 79.242.01' ' 79.31' 1 —25. BRL , �I 25 BRL � I , J r 25 BRL W:I j00 ar I I LOS 32F. o1 13 J O� S �I JI 1 J IWI IO] AmLOT 30 m�o�olm Cr'w Q�o �ti1 �J 12,100 S.F. N OI. LOT 31 N N 0 NI Iwo O10 I0 I O 12.179 S.F. of •; L'n � � NI INI IMI^1 IZ� I � � 00 N317 IZI N319 1 �,L �3i. sa— J L_ _� BRL J I � G 1�9 ... Z I 20' WATER I 13.86' G \\ EASEMENT 1 p6 _ 81.22' _ _ �_ 78.78' S5811'34"E 499.36' N o 0 00 I _ MORLYN DRI�_541 R/W _ In� N to N SEWER ESMNT _ S58'11'34"E _ _ _ _581.19' 52.28' 70.00 70.00' 70.00, 7 N5811'34"W 3 0.91 C112 1 1 1 S6 9. 8 „E I _o I m 1 r 35T — I r 35' BRL - 1 1-35 BRL —1 I r 35T0L �!] I m WI # 316 I I g 318 I I N 320 I I I k 322 Cl Icn 36 IrnIW Col Iw_Io �� I(A Ict W��lilo Oltxxt, E �INIm Id s ml� LOT 40 "u1w ��� ��w ��� rA��01 ado EASEN'EN 112.eoo S.F. IP I "1 LOT 39 LOT 38 �_ rn o e LOT 37 -� I IO i c I 12,600 S.F. I oic I 12,148 S.F. I �r,j la) 12,181 S.F. 00 Ln OD L 2z5LBRI. .J I L 25' BRL I gQ EFF\ tEN 79.43' P PC'117�R ' 150 1616 70.00' L9 7�0.00'5p 3"E S68'3S 2 S51�11 E "497 4' SEE SHEET 19 OPEN SPACE B 5.1658 ACRES FINAL SUBDIVISION PLAT OF RED BUD RUN SEC1 STONEWALL MMAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, 2003 GRAPHIC SCALE RAND A. STOVERS y gilbert w. Clifford &associates o so so No. 002342 120 A DIVISION OF o ,3 PATTON HARRIS RUST & ASSOCIATES A� L CORPORATION CONSULTING ENGINEERING I - LAND SURVEYING - PLANNING 1 inch = 60 ft. "L 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 ,,, _ iaA 9g0,a C `♦ `♦ o 0 2'v s \ 2 ` ♦ \ G� ` o% P. ♦ dd- -p mac^ \ ♦ O .xz 12• c� --A .18'15 rw g4.2q' TP AA �' as a+.\'ass \r� ♦ Ng1, p0 �Oof 70 `OcP 1 � m �4.8 0 S F � ^ \6'6,j• JCS J� c^ \ � %1 \ 10 , 0 3�3,61 ��� � 0 �4 S E \ �S O # �QO' DRAINAGE t ♦ ASEMENT 10� BRL 562'20'Q7"E - - �3 i 5,40 cp RIVE � N " ' MO 54YI`IRgW M En �S 4 o-� 37 L.O1 3S RANDY A. STOWERS No. 002342 MWO& vti ♦ o .� ♦ALP \� ,► ao < 129. I J \ 1 p' BRL a� a v� v / \ Lro M 1 �00 13. rT-I iJ�r F .� I°` N.38 0' DRAINAGE -0 Y� E C\ ?0 \44' A T ^� ROP° Sf N7 R N 142, W �I L�Z �p,C l9 160• fStfy 83. lis /NC.1 9 1 N A8 / F\C\E � 1 ♦ ` J NO o• \ A -1 o§ L $ ' 9 6a /pap EF No PR`Es _ �� j �S-%130 v R'w FINAL SUBDIVISION PLAT m , / ,� RED UD RUN I �- ROV STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: DECEMBER 14, co gilbert w. Clifford & associates GRAPHIC SCALE 0 30 60 120 1 inch = 60 ft. A DIVISION .OF 2003 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 currT iu nr 11 5� PEE gel S45.W 42'29' .244.12' a� 2�\ \ P LOT 47 N SPACE "B" �\ \ OPEN \ \ 5.1658 ACRES \ \ S37"W 4.971,97' LOT 46 w\ �v In LOT 45 �1 \ CR LOT 44 rni ` 1 LOT 43 0 F`kp aw` z 03 %, 9� i LOT 42 �\ 2� ` �o\ LOT 41 rl G p \ oG� LOT 19 LOT 40 O c^y i LOT 30 a. LOT 39 �?\ LOT 31 LOT 2t <� \ LOT 36 �O Lp LOT 32 LOT 21 y\ ai LOT 37 � �� LOT 22 wo LOT 33 Op"E 1 ;-- I .516 LOT 35 LOT 34N�6 UP \ Ns . 'W%� op �oo�S FINAL SUBDIVISION PLAT �PZ,TH 0 f RED BUD RUN SECTION 1 O STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE: DECEMBER 14, 2003 o RANDY A. STOVERS y ilbert w. Clifford & associates GRAPHIC SCALE " No. 002342 9 A DIVISION OF 0 75 150 300 03 PATTON HARRIS RUST & ASSOCIATES OF, _ A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 150 ft. (540) 667-2139 CULT T 10 nr 1) Y do do R- 205.00' L-123.37 oPC 0, `/ ,jy6' DAWN MN STULTZ & � 'AO,9O yy"�N DEBRA J. TM# 55-A C9L 18 o, .�'j� 6 DS 937 PG 1244 in S 1 ZONED: RA p 0 USE: RESIDENTIAL Cyt 0 rn S S79'04941"W 41 89.70 �p �►9, S35'39'25"W k. S2831 12?"W 153.56' RABBIT CREEK. LP, rn TMI 55-A-107^',, N N84'25'4,7"�► INSTRUMENT 0020019578 ZONE: RP 80.34 USE: SINGLE FAMILY ip DETACHED URBAN FUTURE SECTION 2 I I SUPREME COUNCIL Z �ti3 3 OF THE HOUSE p06 9 I 100 OD R I ^ DB 0" A5 382 PG 49 `' 266j PLAIN LIMITS � ao ZONED: RA 4 0952 I to N USE: RESIDENTIAL z \ 0 EN u'o ZO �PS�M r T A 4c� LA STREAM PRESERVATION PAULINE R. 9 r p PARCEL STROSNIDER BOWERS n�Z g2 0. 24.7450 ACRES Vol / TMN 55-A-117 DS WB100 PG 1832 F ZONED: RA LOi st I USE: RESIDENTIAL Z� LOT $O W z O> O �! gory 1.01 79 , tds I 00 to LOT 78 rn(On, I Q N N O LOT 77 � t StP JIRW _ v (00 65) LOT 76 W fJ0 rn C3 .p LOT ?$to ago _ Lo rn \ w O o - O (A m W SEE SHEET 21 IT OF FINAL SUBDIVISION PLAT �,�► Dr RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA O A. S,1,O S 4 SCALE: 1" = 200' DATE: DECEMBER 14, 2003 GRAPHIC SCALE A. 002342 gilbert w. Clifford &associates A DIVISION OF 0 100 zoo aoo PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRG►NIA 22601 1 inch = 200 ft. (540) 667-2139 cuGrT l7n nr 17- CA) 6 -) LOT 74 LOT 73 LOT 77 LOT 71 LOT 10 LOT 69 2 LOT A �j COT STREAM PRESERVATION 68 PARCEL ACCESS tot ti H S4g7g sl "w 4g vjd' Lar 108 Los sf 82.50050"E 97.34' LOT 6S LINE TABLE LINE BEARING LENGTH L20 S41'24'33"E 97.43 L21 S16*17'35"E 38.64 L22 S51'07'58"E 54.87 L23 S13'34'31 "W 95.79 L24 SO4'57'36"E 48.51 L25 S20'01'11 "E 28.31 L26 S44'12'33"E 36.08 L27 N82'04'32"W 40.69 L28 N82'04'32"W 339.78 L29 N20'50'42"E 328.15 L30 S84'42'10"E 72.37 L31 S75'22'25"E 55.23 �N SEE SHEET 20 i CD \ lNi� M � O 2 LOT A STREAM PRESERVATION PARCEL 24.7450 ACRES 100 YEAR FLOOD PLAIN LIMITS E2�1— PATRICK J. do DEBORAH G. MACTIERNAN TM# 55-A-107A \ DB 810 PG 1735 \ ZONED: RA \< USE: RESIDENTIAL cep (NOT INCLUDED) , \ N / N '8'Q7"E \ '' 36 1.O? 63 1 Ol �� 6-49'15"E 4_ --- LOT 61 LOT 60 C LOT 59 LOT 58 tIa31 �ORZA �10 I I �EX. 50' RAW 1735 810, PG D I h I I LOT 56 ' ui ID s 6g0 V PR\E5 ROVE R /W LOT 57 CURVE TABLE CURVE I DELTA RADIUS LENGTH TANGENT BEARING CHDRD C134 1 16*31*04' 1230.00 334.59 178.54 1 N63-57-59-W 1 353.37 U N55442077"W N13°39'13"E / 99.78 N49'16'41"W 25.37' 9-16' 41" `1`► 26.59' �'TH OF FINAL SUBDIVISION PLAT �,�► Pr RED BUD RUN SECTION 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA O Y A. STOM SCALE: 1" = 200' DATE: DECEMBER 14, 2003 v No. 002342 gilbert w. clifford & associates GRAPHIC O SCALE �z—z3—o3 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING —LAND SURVEYING —PLANNING 1 inch = 200 ft. 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 CUFF"T 91 nF 7 MW `Ji.Rf.3INIa,: FREDERICK CotlNiy, ScT. This instrument of writing was produMd to me on ark tib]Iit C° I',If' zyA' at r 1✓aR'her nne xedas 3to I iipcacd tw oee. 58.1 $02 of R ,and 58.1 8()1 haveOleen paid, if assessable 4-44e'-v , Clerk COUNTY of FRFn Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 27, 2011 Mr. Dave Holliday Dave Holliday Construction,Company 420 West Jubal Early Drive, Suite 103 Winchester, VA 22601 RE: Final Plats - Red Bud Run - Section 2 Phase 4, PIN #55-A-107C Dear Dave: This letter is to confirm that the Final Plats for Red Bud Run - Section 2 Phase 4, have been approved. This phase calls for seventeen (17) single-family detached urban lots. I am returning three signed copies of the plats for your records. A copy of the recorded plat needs to be returned to this office. If you have any questions, please feel free to call. Sincerely, Aar6. Cheran Zoning and Subdivision Administrator MRC/dlw cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 td Flacopy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 27, 2011 Mr. Dave Holliday Dave Holliday Construction, Company 420 West Jubal Early Drive, Suite 103 Winchester, VA 22601 RE: Final Plats - Red Bud Run - Section 2 Phase 5, PIN #55-A-107C Dear Dave: This letter is to confirm that the Final Plats for Red Bud Run - Section 2 Phase 5, have been approved. This phase calls for twenty (20) single-family detached urban lots. I am returning three signed copies of the plats for your records. A copy of the recorded plat needs to be returned to this office. If you have any questions, please feel free to call. Sincerely, ark R. Cheran Zoning and Subdivision Administrator �NftM cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 &14'0 REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 21, 2011 Mr. Patrick Frye Summit Community Bank 310 W. Main Street Moorefield, WV 26836 RE: Final Plats - Red Bud Run - Section 2 Phase 6, PIN #55-A-107C Dear Mr. Frye: This letter is to confirm that the Final Plats for Red Bud Run - Section 2 Phase 6, have been approved. This phase calls for fourteen (14) single-family detached urban lots. A copy of the recorded plat has been returned to this office. If you have any questions, please feel free to call. Sincerely, Mafk R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 n COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 March 21, 2011 Mr. Patrick Frye Summit Community Bank 310 W. Main Street Moorefield, WV 26836 RE: Final Plats - Red Bud Run - Section 2 Phase 7, PIN #55-A-107C Dear Mr. Frye: This letter is to confirm that the Final Plats for Red Bud Run - Section 2 Phase 7, have been approved. This phase calls for thirteen (13) single-family detached- urban lots. A copy of the recorded plat has been returned to this office. If you have any questions, please feel free to call. Sincerely, :I�R. �C�heran Zoning and Subdivision Administrator MRC/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 o COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 March 21, 2011 Mr. Patrick Frye Summit Community Bank 310 W. Main Street Moorefield, WV 26836 RE: Final Plats - Red Bud Run - Section 2 Phase 8, PIN #55-A-107C Dear Mr. Frye: This letter is to confirm that the Final Plats for Red Bud Run - Section 2 Phase 8, have been approved. This phase calls for nine (9) single-family detached- urban lots. A copy of the recorded plat has been returned to this office. If you have any questions, please feel free to call. Sincerely, MarfC R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 M- fd Ra COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 August 27, 2007 Mr. Cory M. Haynes, L.S. Patton Harris Rust and Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: 1't Review of Subdivision Plats for Red Bud Run Subdivision, Section 2, Phase 3 Dear Cory: I have had an opportunity to review the plats for the Red Bud Run Subdivision, Section 2, Phase 3. This project was received in our office on July 24, 2007. You will need to address the following comments: 1. Need to change BRL on Lot 194 to meet corner lot requirements. 2. Need to match BRL with easements on Lots 138 tol41. 3. Need Deed of Dedication for this phase. Please address the above comments and re -submit the plats for review. If you have any questions, please feel free to call. Sincerely, f, 12 ark R. Cher 4; Zoning and Subdivision Administrator MRC/dlw Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 rin COUd ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 26, 2007 Denver E. Quinnelly 22 A Ricketts Drive Winchester VA 22601 RE: Final Plats -Red Bud Run Section 2 Phase 1 and 2 Dear Mr. Quinnelly: This letter is to confirm that the Final Plats for Red Bud Run Section 2, Phase 1 and 2 have been approved. This phase calls for 19 single-family detached urban lots in Phase 1 and 16 single-family detached urban lots in Phase 2. I have returned eleven (11) copies of the signed plats. Please return a copy of the recorded plats to this office. If you have any questions, please feel free to call. Sincerely, `Mark R. Cheran -- Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 O W11MIYEDERICK D Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 April 11, 2007 Patton Harris Rust & Associates, PC Attention: Corey Haynes 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Red Bud Run Section 2 — Phase 1: Final Plats 1st Review Dear Mr. Haynes: I have had the opportunity to review the Final Plats for Red Bud Run Section 2 — Phase 1, which we received on March 30, 2007. Please address the following comments: 1. On Sheet 6 of 8, merge the 20 foot drainage easement with the building restriction line (BRL) on Lot 195. 2. On Sheet 7 of 8, merge the 50 foot drainage easement with the BRL on Lots 214 through 219. 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, / % M'S Bernard S. Suchicital Planner I BSS/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 1 of . Eric Lawrence From: John Daniels [John@morlyn.net] Sent: Thursday, August 10, 2006 8:39 AM To: mransick@adelphia.net Cc: denver@morlyn.net; Scott.Aleaander@VDOT.Virginia.gov; elawrenc@co.frederick.va.us; Dave Jordan Subject: Red Bud Run Subdivision Mrs. Ransick: Your concern about the steep slope behind your house was passed on to us, Morlyn, LLC, the developer, for our assessment and consideration. We visited the site and reviewed the plans approved by Frederick County and VDOT. The widening of Woods Mill Road and the grading of the area behind Kemper Court was done according to the approved plans. In addition to what has been done to date, we plan to install two rows of evergreen trees, ten foot on center, in a 40 foot buffer zone, half way up the slope, along Woods Mill Road. We plan to have the trees planted in the fall when they will have a better chance of survival. The trees will be a minimum of four feet tall at planting and should reach a height of 20 feet at maturity. These trees are designed as a sight buffer between the road and the subdivision and can assist in erosion control for the slope. Our assessment has been shared with Frederick County and VDOT. Frederick County has concurred in our recommendation to adhere to the approved plans and install the trees this fall. If you have any other questions, please contact me. Respectfully, John M. Daniels, Jr., PE Project Manager Morlyn, LLC (540) 662-7160 8/14/2006 [Fwd: Red Bud Run, Sections 1 & 2 / Kern...]' ",)ad & RA-te 656 / Frederick County] Subject: [Fwd: Red Bud Run, Sections 1 & 2 / Kemper Court Revision / Route 7, Berryville Pike; Route 660, Woods Mill Road & Route 656 / Frederick County] Date: Tue, 04 May 2004 10:43:00 -0400 From: "Jeremy F. Camp" <jcamp@co.frederick.va.us> To: Patrick Davenport <pdavenpo@co.frederick.va.us> fyi Subject: Red Bud Run, Sections 1 & 2 / Kemper Court Revision / Route 7, Be rryville Pike; Route 660, Woods Mill Road & Route 656 / Frederick County Date: Mon, 3 May 2004 08:11:47 -0400 From: "Sweitzer, Barry"<Barry.Sweitzer@VirginiaDOT.org> To: "'Ronald.Mislowsky@phra.com"' <Ronald.Mislowsky@phra.com> CC: "Heironimus, David (Dave)" <David.Heironimus@VirginiaDOT.org>, "Jeremy Camp (E-mail)" <jcamp@co.frederick.va.us> VDOT has determined the referenced revision is satisfactory. Usually our concern increases as the percentages of grades at cul-de-sac's flattens, then we recommend that crown be situated at the center radius and drainage flows toward gutter in all segments of the circle. In the Kemper Court cul-de-sac a 4% grade is proposed with appropriate drainage structure to relieve sheet flow. It is okay to distribute this revision to Kemper Court. If there are any questions, please call. Barry J. Sweitzer Transportation Roadway Engineer VDOT — Edinburg Residency Land Development Phone #540-984-5631 Fax #540-984-5607 1 of 1 5/4/2004 10:43 AM CK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 5, 2006 Red Bud Run, LLC 36 Ricketts Drive Winchester, VA 22601 RE: Red Bud Run Subdivision To Whom It May Concern: I had the opportunity to conduct a site inspection for Red Bud Run in Frederick County on October 4, 2006. It is Frederick County's policy that bonds will not be released until all improvements have been completed. As you proceed with this project, please address the following comments prior to seeking a release of bond: • The roads for this subdivision need to be brought into the state system once they are completed. • The stop sign at Merlot and Morlyn has not been placed. • Street lights should be placed at each intersection. • The road efficiency buffer along Woods Mill Road, per the SDP, calls for a double row of pine trees spaced at one every ten feet and at a minimum of four feet in height at time of planting. If you have any questions, please feel free to contact me at (540) 665-5651. Sincerely, � f \� Lauren E. Krempa Zoning Inspector LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Subject: Blue Ridge Mobile Home Park Route 7 East 2430-2432 Berryville Pike Winchester, VA 22603 NOV 6 2006 Recent road changes have compounded preexisting potential life -threatening conditions for home owner residents of this manufactured housing community. Now one of only two options residents had of exiting the manufactured housing community has been taken away. The option of turning west, on Route 7, toward Winchester, has been given to the residents of the stick built community on the other side of Route 7. This leaves all the people from the park at one spot attempting to merge onto Route 7 in one direction, east. Residents now have a traffic build up of sometimes 20 minutes attempting to get onto Route 7, going east. Then people have to drive more than a mile east to make a u-turn to go back toward Winchester, sometimes even further because drivers will not allow you to get into the left lane to make a u- turn. Traffic is doing better than 70-75 miles an hour. On the other side of Route 7, attempting to make the u-turn takes another 20 minutes to be able to merge into traffic already going east toward Winchester. There is more road rage, accidents, running drivers off the road. Why it is that officials making decisions do not consider the consequences until after someone dies, why not prevent the disaster before? Why do the people who live in the big houses deserve more protection for their lives than the people who live in the manufactured homes? Have more money, pay more taxes; their lives are of more value? The people living in the manufactured housing community deserve safe right to use, also. These road changes were exclusively to accommodate the residents of a new housing development, Route 7 East, Woods Mill Road and Morgan Mill Road. These high priced stick built homes have numerous choices of entrance and exit for there residents on all sides of the housing development. The people in the manufactured housing community have ONLY ONE, and that is exceedingly limited, really little more than a pathway, as both entrance and exit, one in the same. The discrimination shown toward the home owner residents of the manufacturing housing community not being good enough or worthy enough to be shown the same respect and courtesy as those who live in the stick built community across the road should be considered unacceptable if not illegal. People who live in manufactured housing, or mobile homes are just as good and tax paying citizens as those with the big houses, huge mortgages, and two lexus' in their driveway. There are approximately 300 homes in the above manufactured housing park, more being added, approximately 750 human beings, with more than 650 vehicles. There is only one small road in and out, entering and exiting onto Route 7, in one direction for all traffic. Lives have been put in danger because of greed and corruption. How much is human life worth in Frederick County? It is problematic at best for two small passenger vehicles to pass one another on this pathway. Virtually impossible for large emergency equipment, rescue service, EMT personnel to safely respond were there a major disaster, fire, explosion or any other catastrophe within the community. A major fire would have a domino effect on the enormous number of propane and oil tanks throughout the community, sparking one explosion after another. Inadequate fire hydrants exist, the widespread woods, manufactured, mobile homes is a disaster just waiting to let loose. There is no where for the home owner residents to go, no way out, the small roadway entrance and exit would be blocked, the residents would be trapped. While people .living in the park are treated as fourth class citizens, and discriminated against, verses the preferential accommodating treatment, respect and courtesy shown to the housing developments across Route 7. Owners of big houses, mobile homes or tents are equal human beings and should be shown equal respect and regard for their lives, each valued, one does not deserve more than the other. Route 7 - Red Bud Run Impr- •ements - Land Use Permit #855-6869 Page 1 of 1 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Tuesday, April 10, 2007 9:55 AM To: mcheran@co.frederick.va.us Cc: Ingram, Lloyd; Dove, Ronald; Ronald A. Mislowsky Subject: Route 7 - Red Bud Run Improvements - Land Use Permit #855-6869 Mark, Initial review of the improvements on Route 7 indicate no major outstanding issues at this time. The sewer installation along Route 7 appears acceptable. We still have an open permit on the work covered. We are waiting on Traffic Engineering to complete their acceptance of the signals. Other than a few minor punch list items, we anticipate completion of the land use permit within the next thirty days. Lloyd Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 5/1/2007 leis 1)00 r t August 26, 2004 Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Subdivision Plan Comments - Red Bud Run Frederick County, Virginia Dear Ron: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Upon review of the revised subdivision plan dated July 23, 2004, it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the storm sewer revisions. Sincerely, Joe C. Wilder Deputy Director JCW/rls cc: Planning and Development file A:\redbudrunstrtnsewrevconi.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 AUG 3 1 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT N M Q COMMONWEALTH OF VIRGINIA i I I OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 01/28/04 TIME: 12:36:18 ACCOUNT. 069CLR040001392 RECEIPT: 04000001948 CASHIER: HRB REG: NE59 TYPE: DOD PAYMENT: FULL PAYMENT INSTRUMENT • 040001392 BOOK: PAGE: RECORDED: 01/28/04 AT 12:35 GRANTOR: RED BUD RUN LLC EX: N LOC: CO GRANTEE: FREDERICK COUNTY VIRGINIA EX: N PCT: 100I j AND ADDRESS : RECEIVED OF :f BUTLER DATE OF DEED: 01/23/04 CASH : $10,203.00 j DESCRIPTION 1: ST DIST- PAGES: 52 — 2: NAMES: 0 CONSIDERATION: .00 ASSUMENAL: .00 MAP: MISC CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 48.50 145 VSLF 1.50 106 TECHNOLOGY FUND FEE 3.00 TENDERED : 10,283.00 AMOUNT PAID: 53.00 CHANGE AMT : 10, 230.00 j CLERK OF COURT: REBECCA P. HOGAN Z I Is ! m Oc-,e (,oroz) i H i �f W COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 31, 2003 7 Mr. Ronald Mislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Red Bud Run, Sections 1 and 2 - Subdivision Design Plan Red Bud Run, Section 1 - Final Plats Dear Ron: This letter is to confirm that the Subdivision Design Plan for Red Bud Run, Sections 1 and 2 and the final plats for Section 1 have been approved. The plans and plats for your records and distribution have already been collected. Please ensure a copy of the recorded final plats and deed of dedication are returned to this office. The approval of the final plats for Section 1 of this subdivision allows for the development of one hundred (100) single family detached urban residential lots with a minimum lot size of 12,000 square feet. Frederick County currently holds two bonds totaling $2,605,590.00 for the completion of the improvements associated with Section 1 and Section 2 of this subdivision. Prior to obtaining the final plat approval for any additional sections in Red Bud Run subdivision, the Board of Supervisors must first approve the plan for the stream preservation parcel. If you have any questions, please feel free to call. Sincerely, 10'a lArj Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah cc: Jane Anderson, Real Estate Gina A. Forrester, Red Bud Run District Supervisor Pat Gochenour, Red Bud District Commissioner Marie Straub, Red Bud District Commissioner U:\Patrick\Common\S_D Reviews\RBR Sect 1 final plat_sdp_apprv.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 gilbert w. clifford & associates a division of Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. December 29, 2003 Ms. Candice E. Mills Frederick County Department of Planning and Development RE: Red Bud Run, Section 1 Final Subdivision Plat County Review Comments Dear Ms. Mills: I have reviewed and addressed your review comments dated December 29, 2003. Listed HRAPul + l below are your review comments along with my comments in bold type. If you have any question l j or further comment please feel free to contact me. 1. The vicinity map needs to show all roads, properties and subdivisions within 1,000'. CORPORATE: This item is unchanged per our conversation. Chantilly 2. Check the development tabulations. They do not match the SDP numbers. This has been done. VIRGINIA OFFICES: 3. In the development tabulations, include the total development area and then show what is in Chantilly Section 1. Bridgewater This has been done. Fredericksburg 4. In the development tabulations, change the number of lots to 100. Don't include the Leesburg preservation parcel in the lot count; create a separate area/summary for the preservation parcel. Richmond This has been done. 5. Include the allowable density from the parent tract for this development in the area summary. Virginia Beach This has been done. Winchester 6. In the area summary, don't include the open space or the preservation parcel in the average lot Woodbridge size. This has been done. LABORATORIES: 7. Include a description of the monuments and markers. Chantilly Per our conversation, a note regarding monumentation has been added to Sheet 2 of Fredericksburg 2. 8. Include the note from the SDP regarding the stream preservation parcel. MARYLAND OFFICES: This has been done. Baltimore 9. On the Key Map on Sheet 5, make the font for the text larger and include all adjoining Columbia properties, and future sections. Frederick This has been done. 10. Label all adjoining properties, the stream preservation parcel and future sections as indicated. Germantown This has been done. Hollywood 11. Provide match lines on all sheets. WESTVIRGINIA This has been done. OFFICE: 12. On Sheet 7 of 21, there is text that states "See Sheet 7". Should this be referring to a different Martinsburg 9 page. This has been done. 13. On all plats, include entire road sections so that multiple plats are not needed to see what T 540.667.2139 individual road sections look like. F 540.665.0493 Per our conversation this remains unchanged. 117 East Piccadilly Street Winchester, VA 22601 Red Bud Run, Section 1 Final Subdivision Plat County Comments December 29, 2003 Page 2 14. On all plats, include entire sections of lots so that multiple plats are not needed to see what the lots in that area look like. If possible include the adjoining lots in a lighter gray scale and include the sheet that these lots are included. Adjoining lots were added to the extent possible. 15. On Sheet 10 of 21, label the road and R.O.W. width. This has been done. 16. Include all setback numbers on all lots. This has been done. 17. On Sheet 11 and 12 of 21, label the preservation parcel access point. This has been done. P 18. On Sheet 15 of 21, the building restriction lines for Lot 47 are incorrect. HRA This has been corrected. 19. On Sheet 18 of 21, label the road names as indicated. This has been done. 20. On Sheet 18 of 21, the active and inactive portions of the road efficiency buffer are mislabeled. The intent of the plat was to label the line and not the space between the lines, however, to reduce the possibility of confusion this has been changed. 21. As indicated on Sheet 19, include a plat that has the entire open space lot depicted on it. If it needs to be at a smaller scale, then please do so. This has been done. 22. As indicated on Sheet 20, include a plat that has the entire stream preservation parcel depicted on it. If it needs to be at a smaller scale, then please do so. Per our conversation the matchline and sheet data was clearly indicated on the key map. 23. On Sheets 20 and 21 of 21, remove the word proposed from the title of the stream preservation parcel. This has been done. 24. On Sheet 21 of 21, label the access for the preservation parcel and include the roads as indicated. This has been done. 25. The proffers regarding fees that are required per lot must be included. A note was added to sheet 2 of 2. Sincerely, PATTON HARRIS RUST & ASSOCIATES, pc A Profess1 Corporation Randy A. Stowers, L.S. Survey Director DEC 2 9 2003 gilbert w. clifford & associates a division of Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. December 29, 2003 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Red Bud Run Dear Patrick, I've enclosed a copy of sheets 1-8 of the Red Bud plans for your review. We've PuR+ l addressed Ms. Mills' comments of 23 December. The changes are: l l 1. The development summary has been updated to match the Section One CORPORATE: plats. Chantilly The code reference your specified has been added in development Note 11 on sheet 2. VIRGINIA OFFICES: .} 3. The future Section III location and road extension are labeled on sheets 5 Chantilly and 8' Bridgewater Fredericksburg 4. The building restriction lines on lot 47 have been revised. Leesburg 5. The existing and future right-of-way widths on Woods Mill Road have been Richmond labeled on sheet 8. Virginia Beach 6. We've corrected sheet 8 to match the Section III reference shown on sheet Winchester 5. Woodbridge 7. Sheet 8 has been sealed and signed. LABORATORIES: Chantilly Also provided are copies of the revised plat and a separate letter from our surveyor Fredericksburg addressing each of the issues raised. MARYLAND OFFICES: Baltimore Finally, I understand that John Trenary has approved the Subdivision Design Plan Columbia and informed you. As the required bond documents have been delivered, this Frederick should clear the way for approval of the plans and plats. Let me know how many Germantown copies you will require for final signature. Hollywood WEST VIRGINIA Regards, OFFICE: Martinsburg gilbert w. clifford & associates T 540.667.2139 F 540.665.0493 1 1 7 East Piccadilly Str o ald A. Mislowsky, P.E., VP Winchester, VA 22601 DEC 2 9 2003 COUNTY of DERICK Department of Planning and Development 5401665-5651 FAX: 540I665-6395 December 23, 2003 ,G.W. Clifford &z Associates, Inc. c/o Mr. Ron Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run, Sections I, II — Third Review of Subdivision Design Plan Dear Mr. Mislowsky: I have had the opportunity to review the revised Red Bud Run subdivision design plan received by our office on December 19, 2003. The Master Development Plan (MDP) for the associated development was administratively approved on September 8, 2003. I offer the following review comments: ✓ 1. On Sheet 1 of 37, the development summary does not match the development summary on the final plats. 2. On Sheet 2 of 37, in note 11 include the code section (§ 165-37A(2)). t/3. On Sheet 5 and 8 of 37, label the future Section III and the fixture road extension. ✓4. The building restriction lines on lot 47 are incorrect. V 5. On Sheet 8 of 37, label the existing and future right-of-way width. for Woods Mill Road. V6. On Sheet 8 of 37, remove the lots that are in future Section III and make this sheet similar to Sheet 5. �,/7. Sheet 8 is missing a seal, and many of the other sheets are not signed. I am enclosing a marked copy of the plans for your reference to assist with the revisions. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. Please note that upon the approval oftheSubdivision Design Plan, this department will approve the final plats for Phase I only of this development. All other phases will be approved only after the Open Space Plan for the Stream Preservation Parcel has been approved by the Frederick County Board of Supervisors. In addition, we have not received approval comments from the Frederick County Inspections Department and Parks and Recreation. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I CEM/kac Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 r.A COUNTY of FREDRRICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 December 23, 2003 G.W. Clifford & Associates, Inc. c/o Randy Stowers 1.17 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run, Sections I, II —Final Plat Review Dear Mr. Stowers: I have had the opportunity to review the final plats for Red Bud Run subdivision design plan (SDP) received by our office on December 19, 2003. I offer the following review comments: l . The vicinity map needs to show all roads, properties and subdivisions within 1,000'. 2. Check the development tabulations. They do not match the SDP numbers. 3. In the development tabulations, include the total development area and then show what is in Section 1. 4. In the development tabulations, change the number of lots to 100. Don't include the preservation parcel in the lot count; create a separate area/summary for the preservation parcel. 5. Include the allowable density from the parent tract for this development in the area summary. 6. In the area summary, don't include the open space or the preservation parcel in the average lot size. 7. Include a description of the monuments and markers. 8. Include the note from. the SDP regarding the stream preservation parcel 9. On the Key Map on Sheet 5, make the font for the text larger and include all adjoining properties, and future sections. 10. Label all adjoining properties, the stream preservation parcel and future sections as indicated. 11. Provide match lines on all sheets. 12. On Sheet 7 of 21, there is text that states "See Sheet 7". Should this be referring to a different page? 13. On all plats, include entire road sections so that multiple plats are not needed to see what individual road sections look like. 14. On all plats, include entire sections of lots so that multiple plats are not needed to see what the lots in that area look like. If possible include the adjoining lots in a lighter gray scale and include the sheet that these lots are included. 15. On Sheet 10 of 21, label the road'and R.O.W. width. 16. Include all setback numbers on all lots. 17. On Sheet 11 and 12 of 21, label the preservation parcel access point. 18. On Sheet 15 of 21, the building restriction lines for Lot 47 are incorrect. 19. On Sheet 18 of 21, label the road names as indicated. 20. On Sheet 18 of 21, the active and inactive portions of the road efficiency buffer are mislabeled. 21. As indicated on Sheet 19, include a plat that has the entire open space lot depicted on it. If it needs to be at a smaller scale, then please do so. 107 North Kent Street • Winchester, Virginia 22601-5000 FILE C`8PY G.W. Clifford & Associates, Inc. c/o Randy Stowers RE: Red Bud Run Final Plat Review December 23, 2003 Page 2 22. As indicated on Sheet 20, include a plat that has the entire stream preservation parcel depicted on it. If it needs to be at a smaller scale, then please do so. 23. On Sheets 20 and 21 of 21, remove the word proposed from the title of the stream preservation parcel. 24. On Sheet 21 of 21, label the access for the preservation parcel and include the roads as indicated. 25. The proffers regarding fees that are required per lot must be included. I am enclosing a marked copy of the plats for your reference to assist with the revisions. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above continents and resubmit. Also, before the plats are officially approved by this department, the Subdivision Design Plan needs to be approved. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I CEM/kac Attachment CHECKLIST FOR SUBDIVISION FINAL PLATS A. The title of the subdivision ("Final Plat for........") %\ AA. Notarized owner's certification IAW 15.1-477 COV. B. The page number and total pages on each page. C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. D. A written and graphic scale. ✓ E. Day, month and year plan prepared and revised. F. North Arrow. ✓ G. Magisterial District in which the subdivision is located. H. zoning and use of land to be subdivided and adj\*'-ing I. Bouvdary survey of all lots, parcels and rights -of -way. inClvou o -1q? .--. .— . XJ. Names of owners of adjoining properties with deed book and page number references. ✓ K. Area oft/each lot, total area of subdivision and area in lots. L. prat o and area of each parcel of open space and total area of open space. M. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to and on the property. ✓ N. Existing and proposed utilities, utility easements and other easements with dimensions. 0. Existing and proposed drainage easements with dimensions and locations. Nr� P. Location of flood plain limits. Q. Location of land to be dedicated or reserved for public use.4- Petst V&.:htry, R. Location of required setback lines on each lot. N S. Location of proposed recreational areas. vyY & Wain Y-6- pal Page 2 Subdivision Plat Checklist T. Location of proposed buffers. U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. X. Signature lines as required. Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department Attn: Building Official DEC 1 7 2003 107 North Kent Street Winchester, VA 22601 (540) 665-5650 -_ The Frederick County Inspections Department is located at 107 North Kent Street, 4* Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone -number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section 1,11 and Ill Location: North of VA Route 7, west of VA Route 660 Inspection Department Comments: Code Administrator Signature & Date. 4 .seL-- (NOTICE TO INSPECTIONS DEPT. * VkME RETURN THIS FORM TQ LICA" j NOITCE 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 your application form, location map and all other pertinent information. PHI-Z�1� CORPORATE: Chn rtiliy VIRGMIA OMCE$- Chnrtiliy Bridgew(,j er Freden-,-<ibur 1-ec,s_butP Richmcnd Virginia Bench W;nc pester �'7aodbridg•^ LARORAiORIES: Charfilly F, deri^k:.burg MOtAND OFFICE,: Baliimole Columbia Frederirk Gerr-ant.nwn HoljyAvo ad WST VIRGIMA (>FICE. V.artlnsbur^ T 540.667,213 F y40, m,5. Q-0` 17 East Picce<?'jivStrcel, Suite 20 Winchester, Virggini:c 1260 gilbert w. cliffordd & associates t.nat Ier:;.'a, SIar�Vevc..rs(nn-.. Lcrn:'J_.car,e Ac.Ilse€ir�- December 17, 2003 Candice Mills Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Red Bud Run Section H and III Dear Candice, We've further revised the Subdivision Design Plans for Section I and II, addressing your comments of 16 December. The changes are: ✓ 1. The stream preservation note from the MDP has been added to sheet 2. 2. Section III has been labeled as future on sheets 2,5 and 0. The road efficiency buffer text along Woods Mill Road has been clarified, matching that shown for Section III. 4. Notes indicating that all existing structures within the development area will be removed have been added to sheet 2. We've also noted that no disturbance of the stream parcel will occur, so those buildings will remain. 5. A detail for the seedling plantings is provided on sheet 34. ,,,- 6. The Pond B is in open space, that area is shown. 7. Drainage easements throughout the plan have been labeled and clarified. 8. Future Section 3 and the future extension of Megan Lane are noted on sheets 5 and(8. y 9. The existing and proposed right-of-way widths for Woods Mill Road have been noted on sheet 8 and 10. The stream preservation parcel access is labeled on sheet 4. Also please note the following: ✓In response to your comment 7, the flooding elevation in the pond does not encroach onto lot 157. We have however shown a 15' drainage easement along the side property line. In response to your comment 8, the statement on use of the R.E.B. Active Areas is Development Note 11. In response to your comment 10, the SWMP you refer to is a temporary sediment basin placed to prevent sediment laden runoff from leaving the site. It will be removed once the site is stabilized. I've enclosed the FCSA approval and a revised set of plans for approval. Call if you have questions or let me know how many copies you need for signature. Regards, gilbert w. clifford & associates onald A. �Mislo�wskyy, P.E., VP gilbert w. Clifford & ass( ites a division of Patton Harris Rust & Associates,pc Engineers, Surveyors. Planners. Landscape Architects. P.O. Box 781 R+A e Olde Greenwich Dr2Je PHFreFredericksburg, Virginia 22404 T 540.898.2115 F 640.898.3230 Transmittal To: Mr. John Whitacre Organization/Company: Frederick County Sanitation Authority Address: 315 Tasker Road Stephens City, Virginia 22655 Telephone Number: Date: 8 December 2003 From: David T. Saunders Project Name/Subject: Red Bud Run Subdivision Via: Internal Project File #: Quantity File # Date Description .Transmitted ❑ Herewith 2 Sections I and II ❑ Under separate cover Material p� ❑ Originals ❑ Photocopies ❑ Diskette / J4� ��� %C/flS ❑ Shop Drawings 1� ❑ Mylar 5.�/y% /fJ,� ��� S�T /4%���/�5 ❑ Ozalid Prints // ❑ Invoice ❑ Sepia A109, / y 7/1R0,29,' 33 Purpose ❑ Your Use y/ ❑ Your Files Notes: ElApproval Please review and comment. a7_ ❑ Please Return: T�i<? G/4/�' l'arY�l/,ACT/ilia" aaP Fi�D d�D '1,�1� Received by: Date: Corrected Prints ❑ Please Submit: Revised Prints gilbert w. cl ifford & associates t. Patton Harris tRust & Associates,Pc i-;raI"ieers. S;jrd;3,itc)rs, PEc t -ars.. I t nd.-,c ame Architect-, December 16, 2003 Patrick Davenport Frederick County Planning 107 N. Kent Street P"may A 1"�1 ! Winchester, VA 22601 RE: Red Bud Run CORPORATE Chcintiiiy Dear Patrick, VSRGPNIA OFFICES` Chi ta,iy I've enclosed approvals from the Fire Marshall, Regional Airport, GIS Mid`;ewatzer Manager, and VDOT. Also enclosed is the Building Inspector comment. We Frederic:<sbkjrQ cesbur;g have provided revised sets to Mr. Trenary with his notes added. Ricl-,ri and Virginic, Beech I hope to have the FCSA approval within a couple days and final plats to you 1r1,1inchesier by weeks end. Wc dbOdge LARORATORIES: Please let me know if you have any additional questions. Cher-Nly Frt�dc�a i^�yl�a =; q Regards, MARYiA'd9 OFFICLv: galf3TYi{,re cef.,;n�)ie gilbert w. clifford & associates Frederick Gerra n1own Hollwood 1 Si Y}#8i'iFFif A onald A. Mislowsky, P.E., VP oFN�E U C9rfIiiS�iU(C T 540. 667. 2139 IF 501665. 04cQ i E? East Piccac!Tv Strcoi, Suite 200 Wincnesfer. Virgiric '2260 7. � 11 fit, COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 December 11, 2003 Mr. Ronald A. Mislowsky, P.E., V.P. C/O G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 JERRY A.COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Ref: Red Bud Run — Sections I & II Route 660, Woods Mill Road, & Route 656, Morgan Mill Road, off Route 7, Berryville Pike Frederick County Dear Ron: This is to acknowledge receipt of your revised plans dated December 4, 2003 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky, P.E., V.P. Ref: Red Bud Run — Sections I & II December 11, 2003 Page #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 VDOT Standard RFD-1 and sketches. • Private entrances will be installed in accordance with VDOT Standard CG-9D. 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. • During the development construction phases, the appropriate phased VDOT improvement proffers should be implemented prior to final approval from VDOT. Should you need additional information, do not hesitate to call. Sincerely Bah)lv 0 Barry J. Sweitzer, tn . Roadway Engine For: Lloyd A. Ingram, Transportation Engineer BJS/rf DEC 1 5 2003 Attachments xc: Mr. Dave Heironimus, Mr. Jeremy Camp REQUEST FOR SUBDIVISION COMMENT �V If?ilt` Virginia Department of Transportation qg� Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c% Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section I H and III Location: North of VA Route 7, west of VA Route 660 have significant measurable impact on Route 7, Berryville Pike, Route 660, Woods Mill Road, & Route 656, Morgan Mill Road, the VDOT faci " ' of in the ctate's Secondary Road System AN entrance design and drainage_ features must meet State regiurements if the street is tc; be eligible for acceptance. A complete set of construction plans will be =uired for review. See attached letter from VDOT to G. W. Clifford & Associates dated December 11. 2003. . D VDOT Signature and (NOTICE TO RESI lecember 11, 2003 I*PLEAM RETURN THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. y`o WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD TOP OFVIRGINIA WINCHESTER, VIRGINIA 22602 (540) 662 2422 October 16, 2003 Ronald A. Mislowsky Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Subdivision Comments Red Bud Run Section I, 11 and III Stonewall Magisterial District Dear Mr. Mislowsky: The Winchester Regional Airport Authority offers the following comment regarding the proposed subdivision plan for the Red Bud Run Subdivision. While this site is located outside the Airport's Part 77 surfaces, it does lie within the air space of the Winchester Airport therefore property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the North. As the airport continues to expand services and operation, noise associated with such expansion will likely increase. Even though potential buyers may be aware of the airport's existence, they should be forewarned about aircraft noise and fly -over nuisance from aircraft. Thank you for giving this your consideration and should you have questions, please contact me. Sincerely, S. R. Manuel Executive Director REQUEST FOR SUBDIVISION COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A- Mislowskv 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section I,II and III Location: North of VA Route 7, west of VA Route 660 Winchester Regional Airports Comments: Airport Signature and Date: rN Y (NOTICE TO AIRPORT - PLEASE RETURN NOITCE 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 your application form, location map, proffer statement, impact analysis, and all other pertinent information. REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire Marshal Attn: Fire Marshal 107 North Kent Street Winchester, VA 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, l'` floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section I.II and III Location: North of VA Route 7. west of VA Route 660 Fire Marshal Comments: Fire Marshal Signature & Datezzz;: (NOTICE TO FIRE MARSHAL * PLEASE kETURN THIS FORM TO APPLICANT) NOITCE 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 your application form, location map and any other pertinent information. Control number SD03-0012 Project Name Red Bud Run Address 117 E.Piccadilly Street, Suite 200 Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Date received 9/4/2003 Date reviewed Date Revised 9/15/2003 Applicant G.W.Clifford & Associates City State Zip Winchester VA 22601 Tax ID Number Fire District 55-A-105,106,10 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Applicant Phone 540-667-2139 Rescue District 18 Election District Red Bud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Site development plan for Taylor Court and Beadley Court were not found with submittal. Sheet 2 of 36 indicates fire hydrants located at Lots 237, 257 and 259. Acceptable if correct. Access Comments Fire hydrant assembly at Lot 233 appears to be 30 feet from edge of curb. Sheet 2 indicates fire hydrants to be located in grass strip between curb and sidewalk. One foot from edge of sidewalk. Correction at installation permitted. Additional Comments The fire hydrant location at Lot 213 will getter serve Fire Department needs if located at the intersection of Merlot Drive and Mackenzie Lane. This relocation can also eliminate the need for the fire hydrant. located at Lot 227. Plan Approval Recommended Reviewed By Signature zig4 Yes TimothyL. Welsh Title PLAM APPROVED ME _ 9 FRESBYERICK IT r r -; r DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E STREET NAME COMMENTS DATE: December 12, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Red Bud Run COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Red Bud Run subdivision, and has made the following determinations: 1. All of the road names, as presented in the Revised Faster Flan, dated December 3, 20033,-are APPROVED and RESERVED as holed on the plan_. Road name locations and suffixes are approved as presented: Shiraz Court Merlot Drive Mackenzie Lane Kemper Court Morlyn Drive Frederick County De t f GIS<, 7 Naxth Kent .Sire,$t; w nchgstg -.VA 22601 540 665=5651 -gilbert w. elifford & aE Bates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. i 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 PHT 540.667.2139 F 540.665.0493 Memorandum To: Tim Welsh, Fire & Rescue John Trenary, Building Inspector Marcus LeMasters, GIS From: Ron Mislowsky Date: December 3, 2003 Project Name/Subject: Red Bud Run PHR+A Project file Number: cc: We've revised the plans per your conmwnts 2 copies of the plan sheets are provided here for your review. Please note, these plans are for Section One and Two only. Section Three will be submitted under separate cover. Call if you have questions. Jf�e2'-vZ CoLY'-1— DEL 0 Z003 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 December 11, 2003 Mr. Ronald A. Mislowsky, P.E., V.P. C/O G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Ref: Red Bud Run — Sections I & 11 Route 660, Woods Mill Road, & Route 656, Morgan Mill Road, off Route 7, Berryville Pike Frederick County Dear Ron: This is to acknowledge receipt of your revised plans dated December 4, 2003 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky, P.E., b .r'. Ref: Red Bud Run — Sections I & II December 11, 2003 Page #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 VDOT Standard RFD-1 and sketches. • Private entrances will be installed in accordance with VDOT Standard CG-9D. 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. • During the development construction phases, the appropriate phased VDOT improvement proffers should be implemented prior to final approval from VDOT. Should you need additional information, do not hesitate to call. Sincerely Barry J. Sweitzer, Arlan Roadway Engine For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus, Mr. Jeremy Camp REQUEST FOR SUBDIVISION COMMENTS AgF —591 Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester_ VA 22601 Name of development and/or description of the request: Red Bud Run Section III and III Location: North of VA Route 7, west of VA Route 660 The V* ��i�ie?6f �ii?CWr6 �IP$MfRMW� have significant measurable impact on Route 7, Berryville Pike, Route 660, Woods Mill Road, & Route 656, Morgan Mill Road, the VDOT facilitiesof in the State's Secwrfat- t Road System All entrance design and drainage features must meet State requirements if the street is to he eligible for acceptance. A complete set of construction plans will be required for review. See attached letter from VDOT to G. W. Clifford & Associates dated December 11. 2003. . h. VDOT Signature and Date (NOTICE TO RESIDENT member 11, 2003 RETURN THIS FORM TO APPLICANT) NOITCE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Revised 11107102 XY1111r INFORMATIONNEEDED PRIOR TO ACCEPTANCE OF S URDIVISION STREE TS INTO STATE SECONDARYSYSTEM Subdivision streets may be considered eligible for acceptance into the State Secondary System when: • Built according to plans approved by the Department of Transportation, properly maintained since completion and • Rendering a public service [serving three (3) occupied dwellings or three (3) businesses per street]. THE FOLLOWING WILL BE REQUIRED TO BE FURNISHED TO VDOT (Edinburg Residency Office or Winchester Complex) AT LEAST THIRTY (30) DAYS PRIOR TO ADOPTION OF THE RESOLUTION BY THE BOARD OF SUPERVISORS REQUESTING THE ADDITION: 1. Three (3) copies of as -built construction plans showing: ■ Roadway Geometries ■ Drainage & Drainage Easements 2. Three (3) copies of the final plats with date & place of recordation, deed book number and page number or instrument number. 3. Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule) S. Maintenance Fee — check payable to the "Virginia Department of Transportation". This fee is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 30th). No maintenance fee is required if the addition is effective July 1st. (See reverse side for schedule) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE DEPARTMENT OF TRANSPORTATION BY THE IT OF THE PRECEDING MONTH. (30 DAYS) SINGLE DOUBLE PLATFORM 7" HIVII-IVVIJI PLATE SPECFICATIDN FUEFIENCE NONE LINE ' SLOTS S MULTIPLE (MAX. 4 BOXES) ADJUSTABLE PLATFORM 3 -W, DIAMETER HOLES ''/z,-T 4- Yr." DIAMETER HOLES BRACKET 24" MAXIMUM DEPTH (FOR METAL POSTS). INSERTABLE SHEET A149 RFD -I WIN ml'FM'kwlg I Kim I GROUPED NOTES, MAILBOXES SHALL BE OF LIGHT SHEET METAL OR PLASTIC CONSTRUCTION CONFORMING TO THE REOUIREMENTS OF THE U.S. POSTAL SERVICE. MAILBOX SUPPORTS SHALL NOT BE SET IN CONCRETE UNLESS THE SUPPORT DESIGN HAS BEEN SHOWN TO BE SAFE BY CRASH TESTS WHEN SO INSTALLED. POSTS MAY BE 4" X 4" OR 4�/=" 61AMETER WOOD POST. 2" DIAMETER STANDARD STRENGTH STEEL PIPE, OR OTHER STEEL OR ALUMINUM POST SHAPES OF EQUAL STRENGTHS. • THE POST -TO -BOX ATTACHMENT DETAILS SHOULD BE OF SUFFICIENT STRENGTH TO PREVENT THE BOX FROM SEPARATING FROM THE POST TOP IF THE INSTALLATION IS STRUCK BY A VEHICLE. HARDWARE SHOWN IS SUGGESTED ONLY. ALL GUIDELINES AS REQUIRED BY 7HE U.S. POSTAL SERVICE MUST BE FOLLOWED. w DIMENSIONS VARY ACCORDING TO THE SIZE OF THE MAIL BOX. 15" 4 -)/e" X )%" SLOTS 7'/i ' 1 2'/4" 21/4,11 4.. ADAPTER SHELF STANDARD MAILBOX VIRGINIA DEPARTMENT OF TRANSPORTATION Rev. 7/03 603.01 -Tca BE ��CSSURE �CREA�E� 5F- �cd 4 r eA NVI MEld�' : EI�CI-0 r4' tA PALbox PCVS-T I �ces-e F`LU5�! WVTVA BACV OP CvQla eH i •• 4 x4� ��ovuo 5vca�wCE vill., CIA�:.. tom— 52' ---� pF-- i. SZANOARO pR1V ATE CM—f R N"CC 4"-A 4" WOOD coc- 2" STEEL. QoST 0 enMN%L SOY, �Y 4-n X Y <w e r-7- �e/,u INSTRUCTIONS Whenever possible, boxes must be located so that carrier's vehicle is off pavement when serving them. Rural box number (or house number) must be painted on box in numerals not less than one inch high. Post must be neat and of adequate strength and size. Approach 'to box should be a hard level surface (gravel, cinders, stone) . Boxes must be placed to conform with state laws and highway regulations. Suggested installation of a single box. 926 PINE AVE. Suggested installation where snow removal is a problem. Extend box beyond end of post. Attach board holding box to post with screws or doublehead nails, permitting easy removal if necessary to adjust box height. Your Mailbox Needs Attention fD(th•) 155 / WHICH ONE 1 LOOKS LIKE Il / YOUR MAIL I BOX? Postal regulations require customers to provide and erect at their own expense rural mail boxes which lneet'official standards. A recent inspection disclosed the following faults. 1. Your box is not an approved box 2. The door needs attention 10. The signal flag needs attention I. Your box is too near the road 1 1 12. Your box is too far from the r 3. Box must be located so carrier can ` serve it without Icaving vehicle 4. Your box is not waterproof 5. Your box should be raised inches 6. Your box should he dowered inches 7. Your box must be located on the right-hand side of the road in the carrier's direction of travel B. The approach to your box should be filled and properly graded & kept unobstructed at all times 9. The approach to your box should be kept .clear of snow, vehicles, and other obstacles. 20. Other Faults 13. Your box should face the road 14. Your box should be securely fastened to its support 15. Your box should be made level, and the post firmly planted 16. A new post for your box should be provided 17. The rural box number must be printed in numerals not less than one inch high an the side of the box visible to the carriers as they approach it or on the box door if the boxes are grouped 18. Your box should be painted to prevent rusting 19. Your house number must be clearly displayed art your house or on your box Please help us provide you with better service by correcting these faults by After this date, delivery service may be suspended until the faults are. corrected. Your cooperation is greatly appreciated. If you have any questions please see your carrier or contact me. PS Form 4056, February 1991 (Reverse) .U.S. GP0:1992-312-605/51508 IPntrrnudr•rl United States Postal Service USPS Notice to Rural Route Customers Each year the U.S. Postal Service designates a Mailbox Improvement Week for customers served by rural delivery routes. During that week, customers on rural routes are encouraged to examine and improve, where necessary, the appearance of their mailboxes. The third full week in May has been designated as Mailbox Improvement Week for this year. The purpose of Mailbox Improvement Week is to call attention to the need for providing mail receptacles which are designed to protect the mail from the weather and are neat in appearance, conveniently located, and safe to use. Neat, attractive mailboxes make a significant contribution to the appearance of the countryside and the streets in suburban areas. Mailboxes that meet these four important requirements contribute to a more efficient delivery operation, and the result is improved service to the entire route. There are two approved styles of boxes: (1) traditional design in three standard sizes (see exhibit A), and (2) contemporary design (see exhibit B). Mailboxes of the approved traditional or contemporary design, are requird whenever a mailbox is newly installed or an unsuitable receptacle is replaced. Exception: Custom-built, rural -type mailboxes may be used if prior approval is given by the postmaster. Where box numbers are assigned, the box number must be shown on the side of the box visible to the approaching carrier, or on the door where boxes are grouped. Customers are encouraged to group boxes whenever this is practicable, especially at or near crossroads, at service turnouts, or at other places where a considerable number of boxes are located. In areas where snow removal is a problem, the use of a semi -arch or extended arm type of support is suggested (see exhibit Q. This allows snowplows to sweep near or under boxes without damaging supports and provides easy access to the boxes by carriers and customers. Exhibit A Exhibit B Exhibit C If the use of street names and house numbers has been authorized, the house number must be shown on the mailbox. If the mailbox is located on a street other than the one on which the customer resides, the customer's street name and house number must be inscribed on the box. The address must be visible from the direction of the carrier's approach, however it is generally in the customer's best interest to display the address on both sides of the box. Police, fire, and rescue personnel often depend on mailbox information to locate customers, and they may approach from a different direction than the carrier. In all cases, placing the customer's name on the box is optional. 'U.S. Government Printing Office: 1993 — 342-723183784 Page 2A-12 *h1oWddas(6/14/01 Emma December 2000 Figure 2A-1. Heights and Lateral Locations of Signs for Typical Installations ROADSIDE SIGN ( •� RURAL DISTRICT }� 4,�� Not less than m c 1.8 m t E y (6 ft) z° U� ' --------------- ---- - T Not ,SPEED 12SS LIMIT ROADSIDE SIGN than 50 BUSINESS OR ----I t7 RESIDENCE DISTRICT (2 ft) DIN Z ROADSIDE ASSEMBLY RURAL DISTRICT o N m E Z OVERHEAD MOUNTING = r N � m E O N Z Ln \ - / - . I \ / Sect. 2A.16 ROADSIDE SIGN RURAL DISTRICT Not less than _ 1.8m(6ft) m C x N m i =~E - --- Iq ---- -------- Z-- SHOULDER WARNING SIGN WITH ADVISORY SPEED PLAQUE RURAL DISTRICT Not less than l< Not less than 1.8 m I (6 ft) -- 6ft SHOULDER 1.8 m (6 ft) N - u) = a o �J�E Z WARNING SIGN ON ISLAND IN THE LINE OF TRAFFIC December 2000 *Includes 6/14/01 Errata Page 2A-13 Figure 2A-2. Typical Locations for Signs at Intersections (12 ACUTE ANGLE INTERSECTION 1 (12 ft) MINOR CROSSROAD 2 ft) DIVISIONAL ISLAND MARKED OR UNMARKED CROSSWALK CHANNELIZ.ED INTERSECTION SIDEWALK 1.2m(4ft) MIN. {e i- I.6 rn (2 ft) MIN. �F URBAN INTERSECTION WIDE THROAT INTERSECTION ft) MAX. 15 m (50 ft) 2 ft) Sect. 2A.16 c copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 16, 2003 G.W. Clifford & Associates, Inc. c/o Mr. Ron Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run, Sections I, II —Second Review of Subdivision Design Plan Dear Mr. Mislowsky: I have had the opportunity to review the revised Red Bud Run subdivision design plan received by our office on December 9, 2003. The master development plan (MDP) for the associated development was administratively approved on September 8, 2003. I offer the following review comments: ✓ I. Include the note from the approved master plan regarding the stream preservation parcel. ✓ 2. On the key plan, label Section III as future Section III. 3. On the key plan, change the text for the left side of the road efficiency buffer for Woods Mill Road to match the text on the right side. ✓ 4. There appears to be existing structures in the stream preservation parcel and on Lot 1; label these structures and specify if they are going to be removed. 5. Please show a detail for the required selective additional plantings. ✓ 6. On Sheet 6 of 37, is the area designated Pond B upper, also open space. If it is open space, give the acreage. ✓7. On Sheet 6 of 37, Pond B is within the building restriction lines for Lot 157. Should this area of pond be included in a drainage easement? 8. Provide a statement regarding what is allowed in the active portion of the road efficiency buffer per Section 165-37E(2) of the Frederick County Zoning Ordinance. ✓9. Label and clarify drainage easements as indicated. vi0. On Sheet 2 and 6 of 37, is there supposed to be a swamp in the open space area? � 11. On Sheet 8 of 37, label the existing and future right-of-way width for Woods Mill Road. )(,12. On Sheet 5 and 8 of 37, label the future Section III and the future road extension. ,/13. On Sheet 4 of 37, label the access for the Stream Preservation Parcel. I am enclosing a marked copy of the plans for your reference to assist with the revisions. Please address the above comments and resubmit. Please note that upon the approval of the Subdivision Design Plan, this department will approve the final plats for Phase I only of this development. All other phases will be approved only after the Open Space Plan for the Stream Preservation Parcel has been approved by the Frederick County Board of Supervisors. In addition, we have not received approval comments from VDOT, the Sanitation Authority, Inspections Department, Fire Marshal and Parks and Recreation. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner I CEM/bad Attachment 107 North Dent Street - Winchester, Virginia 22601-5000 gilbert w. clifford & associates INCORPORATED 1972 Engineers — Land Planners — Water Quality December 3, 2003 Candice Mills Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Red Bud Run Dear Candice, We've revised the subdivision plans per your comments of September 18. Two sets of plans are enclosed here for your approval. The changes are: 1. The proffers and Master Plan notes have been provided on the Cover Sheet. 2. We've clarified the title of the plans to refer to Sections One and Two. Section Three will be submitted separately. 3. We've clarified the road efficiency buffer notations and details. The planting locations and totals have been shown. 4. The additional plantings to address proffers 8 and 9 have been shown. 5. We've shown 100 lots in Section One, Section One includes a connection to Morgan Mill Road and all of the Woods Mill Road improvements. 6. We've corrected the steep slope disturbance calculation. 7. We've noted the phasing of the road and traffic improvements. The Route 7 improvements need to be completed prior to a building permit being issued for the 101" lot. Plans for that work are done and will be forwarded to VDOT. I've enclosed two copies here for your information. 8. We've clarified the building restriction line/easement/buffer limits. 9. We've clarified the open space stream easement is in fact a parcel of land. The note now refers to use of the active road efficiency buffer areas. 10. (Line on sheet 6) 11. The flood plain limits of Red Bud Run are delineated. 12. All easements have been labeled. 13. The acres of open space have been shown on sheet 7. 14. The proposed right-of-way line has been labeled on sheet 8 at Woods Mill Road. 15. The new utilities extended from across Route 7 have been shown. I've enclosed a set of those plans which have been forwarded to the Health Department for approval. 16. We've revised the Jenkins property zoning on sheet 4 to RA. 17. The road name for Route 660 has been shown on sheet 2 and 5. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council gilbert w. clifford and associates, inc Page 2 18. The road names have been revised to conform to the GIS requirements. 19. The spelling of Bradley Court has been corrected. 20. The engineers certification has been signed. 21. The access points for the stream preservation parcel have been designated. We are anxious for final approval. If you have any additional comments, please call. Regards, gilbert w. clifford & associates f -y`-onald A. Mislowsky, P.E., VP a a COUNTY of FRED CK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 18, 2003 G.W. Clifford & Associates, Inc. c/o Mr. Ron Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run, Sections I, II, III — First Review of Subdivision Design Plan Dear Mr. Mislowsky: I have had the opportunity to review the Red Bud Run subdivision design plan received by our office on September 4, 2003. The master development plan (MDP) for the associated development was administratively approved on September 8, 2003. I offer the following review comments: ✓ 1. The list of proffers associated with the rezoning of this project has not been shown on the design plan. 2. The notes from the approved Master Development Plan need to be transferred to the Subdivision Design Plan. ,i 3. The key map shows the section of the subdivision that includes Taylor Court; however, this section is missing from the rest of the plan. 4. The labels of the road efficiency buffers have been reversed. / 5. A detail of the 80' road efficiency buffer has been included for Rt. 660; however, a buffer detail has not been included for the 100 foot buffer on Rt. 7. Please show this detail along with the required selective additional plantings. J� 6. Show the location and j lantin deta' for the required plantings that are associated with proffers 8 and 9. ✓ 7. The phasing that was approved on the Master Development Plan has been altered on the subdivision plan. The connection of Morlyn Drive to Morgans Mill Road is required with the first phase of the development; the plan needs to reflect this connection as being associated with Phase I. V8. On Sheet 2 of 36, the percentage of steep slopes being disturbed is shown as 53, only 25% disturbance is allowed. 9. Show all proffered road and traffic improvements on the plan. ✓ 10. Building restriction lines need to be merged with all easements and the road efficiency buffers. ✓11. On Sheet 2 of 36, there is a statement regarding what is allowed in the "open space stream easement", this regulation does not apply to the stream preservation parcel and therefore needs to be removed. The required open space plan for this land will determine what is allowed. y. 12. The statement referred to in comment 11 is required for the active portion of the road efficiency buffers that is located in the residential lots; this comment can be altered to reflect the active portion of the buffer instead of the "stream easement". 13. The Stream Preservation Parcel is a stand alone parcel, on the plan it is depicted as only being an easement. Provide the acreage on the parcel, include the no a from the MDP concerning this parcel and show it as being its own parcel. ,/14. On Sheet 6 of 36 there is a line that goes through the lots at the bottom of the page. What is this line? ✓ 15. The vicinity map on Sheet 2 needs to reflect all roads, properties and subdivisions within one thousand feet of the subdivision. ,/ 16. Show the flood plain limits for Red Bud Run. 17. Label all easements as indicated. 18. Depict all environmental features such as swamps/ponds that are located on the site. ►/19. On Sheet 7 of 36, provide the acres of open space. ✓ 20. On Sheet 8 of 36 there is an area that appears to be the area designated for the expansion of Rt. 660. It is labeled as Right -Of -Way. Label this as proposed or existing and give a R.O.W. width. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Ron Mislowsky Re: Red Bud Run, Sections, I, II, III — First Review of Subdivision Design Plan September 18, 2002 Page 2 v/2 1. On Sheet 2 and 8 of 36, show and label where the utilities are coming from for this development. ✓22. On Sheet 4 of 36, the adjacent Jenkins properties are shown as being zoned RP, change this to RA. ✓23. On Sheets 2 and 5 of 36, give the road name for Rt. 660. ,,,24. Regarding the comments from the Department of GIS, a new road name has to be assigned to the east section of Mackenzie Lane from Rt. 660 to Taylor Court because a subdivision street name cannot cross a state route; this has not been addressed on the subdivision design plan. —25. Megan Court and Ryan Court have not been labeled on the plan. Are these road names being used? ✓ 26. Bradley Court has been spelled incorrectly. ✓ 27. The plan does not contain the engineer seal or a Certification statement. 28. Clarify the access points for the Stream Preservation Parcel. I am enclosing a marked copy of the plans for your reference to assist with the revisions. Please address the above comments and resubmit. Please note that upon the approval of the Subdivision Design Plan, this department will only approve the final plats for Phase I of this development, all other phases will be approved only after the Open Space Plan for the Stream Preservation Parcel has been approved by the Frederick County Board of Supervisors. If you have any questions, please feel free to call. Sincerely, canc6�' e-_- / �Q&' Candice E. Mills Planner I CEM/PTD/bad Attachment UACandice\Common\SD Review\Shawnee Village s_d rcview.wpd SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: ✓ title "Subdivision Design Plan for Scchonb I iM�I " with a notation of all previous names of the subdivision. original property identification number. page number and total pages on each page. ✓ 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. V 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. IVA names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. 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..,,' 5 -W(LA- 10 V 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. -\*4W C.t.UO existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. Sovv k N o+- t o-%3J I C r-k existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. go"'e. V.� 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. rp. names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. FP- No+ NW"'-W-&d v(N 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 tyy�pes,of plants and screening. proposed landscaping with location and types of plants. ` o h certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 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. c "\ cUvks signature line for the Subdivision Administrator. IMF - pop i2 4-t-) y CA- iYrCA- C<_ Ts �Ya � is �D posed 54C Q Or"-\ � rv\-A ? (4� SVV S 12 1TC) S�Z-kV C,-W o c\, -3� ok.(- t \ — to �- c7*..e gilbe w. clifford & ass oes a division of Patto Harris Rust & Associates,pc Engineer . Surveyors. Planners. Landscape Architects, P.O. Boa781 150-C Olde Greenwich Drroe Fredericksburg, Virginia 22404 A T 540.898.2115 PHF 540.89&3230 Transmittal To: Ms. Candice Mills Organization/Company: Frederick County Planning Department Address: 107 North Kent Street Winchester, Virginia 22601 Te4hone Number: Date: 8 December 2003 From: David J. Saunders Project Name/Subject: Red Bud Run Subdivision Via: Internal Project File #: Quantity) File # 2 Notes: Date Description Sections I and II Please review and comment. Mr. Ron Mislowsky will be letter regarding this matter. Received by: Date: Transmitted ❑ Herewith ❑ Under separate cover Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ❑ Approval a ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints gilbert w. cliifford & associates INCORPORATED 1972 Engineers — Land Planners — Water Quality December 5, 2003 Barry Sweitzer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 RE: Red Bud Run Subdivision Design Plans Sections One and Two Dear Barry, DEC 0 g 2003 PLII NN , We've revised the Subdivision Design plans per comments received from all review agencies. I've enclosed the updated stormwater calculations here for your review. By separate cover, from our Fredericksburg office, you will receive 2 sets of signed plans.. The changes are: 1. On the Title sheet we've included the complete set of general notes and the plans are signed. Also, the plans are now titled Sections One and Two. Section Three will be submitted separately. 2. On the Key Map, we've added the adjoining roadway traffic volumes. 3. We've revised the roadway centerline data to clearly identify the curve numbers and data. 4. We've shown all the approved street names. 5. We've removed the drainage easement from the right-of-way area. 6. Culvert C10, C20.1, C49, C30 and C2 have been revised to follow the curb line. 7. We've clarified the cul-de-sac radii to show 45' to the face of curb. 8. We've noted the front yards are to be filled negating the need for guardrail where required. 9. The percent of grade has been noted on the Morlyn Drive profile station 18+00 to 25+00. 10. We've provided the dimensions on the structure data shown on the road profiles. 11. We've added a vertical curve on Mackenzie at station 12+25 to provide a more desirable swale at the intersection with Merlot Drive (north). 12. Structure 12.1 has been shown on the Mackenzie Drive profile. 13. The percent of grade on the Mackenzie profile at station 34+00 has been provided. 14. We've revised the vertical curve at the Mackenzie/Woods Mill intersection to provide an improved entrance condition. 15. Vertical curves are placed at 1/8 stations except where required to establish low points at lot lines such as on Morlyn at station 15+43 and station 34+52. 16. The road names are shown on all profile sheets. 17. The percent of grade is noted on the Merlot Drive profile station 22+00. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council gilbert w. clifford and associates, inc Page 2 18. We've revised the Shivaz Court profile to provide an improved turn around condition. 19. At C26 we've changed the culvert type to RCP at 12% slope, no anchors will be required. We are anxious to gain VDOT approval of these plans and hope that you will call if any other questions or issues arise. Regards, gilbert w. clifford & associates 0onald A. Mislowsky, P.E., �VP cc: Patrick Davenport John Daniels APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: ! 03 Application # -1 -C) 3 Fee Paid e3 0 O 0C `O Application / Agent: Gilbert W. Clifford & Associates, Inc. Address: c/o Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Phone: (540) 667-2139 Owners name: Red Bud Run LLC Address: 36 Ricketts Dr. Phone: Winchester, VA 22601 540-662-4164 Please list names of all owners, principals and / or majority stockholders: Contact Person: Phone: Name of Subdivision Number of Lots: Property Location: Ronald A Mislowsky (540) 667-2139 Red Bud Run 285 Total Acreage: 157.01 North side of VA Route 7 (Berryville Pike)and west of Woods Mill Road (Route 660) Magisterial District: Stonewall Property Identification Number (PIN): 55-A-105,106,107,107A Property zoning and present use: RPNacant Adjoining property zoning and use: RA/Residential/Institutions Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) 12,000 S.F. Number and types of housing units in this development: Number: Types: Single Family Urban W r� S DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA E I STREET NAME COMMENTS DATE: May 5, 2003 STAFF MEMBER: Marcus Lemasters, Directo(r/ SUBDIVISION: Red Bud Run COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Red Bud Run subdivision, and has made the following determinations: 1. The following road names are previously approved and in the Frederick County Road Naming System: Mackenzie Lane (Changed from Mackenzie Drive) Merlot Drive (Changed from Merlot Court) Morlyn Drive Kemper Court Megan Court Shiraz Court Ryan Court Bradley Court Taylor Court 2. A new road name will have to be assigned to the east section of Mackenzie Lane from Route 660 to Taylor Court. Subdivision street name is not to cross state route. 3. Preliminary structure numbers are assigned to lots on the attached plan. Frederick County Dept of GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 CA SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at'a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: '/ title "Subdivision Design Plan for " with a notation of all previous names of the subdivision. original property identification number. page number and total pages on each page. 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, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. 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 L% 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. V 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 floodplait, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. �w�P ✓ 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. '- A\� �icbdg fit, (� ro o ed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. U� 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. a 12 Ex C`_e�mrvr e✓�-f-S I COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 November 18, 2003 Mr. Ronald A. Mislowsky, P.E., V.P. CIO G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Red Bud Run — Sections I, II and III Routes 7, Berryville Pike @ Route 656, Morgan Mill Road and Route 660, Woods Mill Road Frederick County Dear Ron: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 A VDOT review has been completed on the preliminary subdivision site plan dated June 20, 2003 (received September 4, 2003) for the referenced project. Our comments follow and are printed in red on the attached Subdivision Checklist and plan sheets. Plan Sheet 1 of 36 • Signed professional seal should appear on all plan sheets for final approval. Also a signed professional seal should be provided on E&S Control Narrative. • The VDOT General Notes should be displayed in their entirety (unaltered 1 thru 21) copy attached, additional notes if desired may be added beginning with V22. Plan Sheet 2 of 36 • Traffic volumes should be provided on all VDOT facilities providing access to the proposed subdivision (copies attached). Traffic volumes are available on VDOT's website. • All pavement structures should be adequate to the projected build out year of proposed subdivision. • Could not find plan base for portion of Section III east of Route 661. Plan Sheet 3 of 36 • The roadway center line curve could not all be found which match the charted curve data. We discussed this by telephone on November 14, 2003. Hopefully this can be satisfactory on next plan submission. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Ron Mislowsky, P.E., V.P. Ref: Red Bud Run — Sections I, II and III November 18, 2003 Page #2 Plan Sheet 4 of 36 • Street names should be provided. • Culvert C10 should be laid radial. See appropriate IIM for radial culvert guidelines. Plan Sheet 5 of 36 • Proposed drainage easement should not extend into proposed right-of-way. • Pavement radii on cul-de-sacs should be 45' radius to edge of pavement. • Culvert C 20.1 should be considered to lay radial. Plan Sheet 6 of 36 • VDOT AADT Estimate of volume for Route 656 should be shown. • Missing centerline curve data. • Culvert C49 should be laid radial on curve portion. Culvert C46 should be laid radial. Plan Sheet 7 of 36 • Missing centerline curve data. • Culvert C30 should be laid radial. Plan Sheet 8 of 36 • Missing centerline curve data. • Culvert C2 should be laid radial. • The storm sewer system comprised of Culverts 1, 2, 2.1, 7, 7.1, 3, 4, 5, 31, 6, 26, 104, 105, 103, 102, 107, 106 all of which discharge into existing VDOT Culvert 101 should be considered for on site stormwater management with slower release to VDOT culvert 101. We fear the 24.8' per second velocity may potentially cause ditch damage at the DI and stream outlet. Additional information should be provided on the existing physical topography to help insure no discharge damage will take place for which developer or VDOT may become liable. It appears some stormwater ponding has been created at F3 and DD. Our concern is primarily with additional flow and velocity generated within VDOT Culvert 101. Plan Sheet 19 of 36 • Percent of grade on back tang of PVI 12+50 VC? and on ahead tangent of PVI 23+00 VC? • It would be helpful to provide H, height of DI's on profile sheets. • Notation for preliminary need for guardrail should be provided or a note that lot grading should mitigate need for guardrail. • When it becomes necessary to route sanitary sewer or water under or between culverts, they should be encased within ductile iron. Plan Sheet 21 of 36 • Please review the VC at PVI Station 11+18 to create more desirable swale. Guardrail or lot grading note please. • It appears Structure #12.1 should be shown. Mr. Ron Mislowsky, P.E., V.P. Ref: Red Bud Run — Sections I, II and III November 18, 2003 Page #2 Plan Sheet 22 of 36 • Percent of grade on back tangent PVI Station 33+00. • Please review the approach VC to VDOT Route 660 intersection. A more desirable swale should be provided. A preferred approach has been sketched. Plan Sheet 23 of 36 • Vertical curve controls should be placed at 1/8 station pluses 12.5, 25, 37.5, 50, 100 whenever possible. If tying vertical alignment to fixed point then odd station is okay. • Road name should be provided in lieu of Road 1. Guardrail or lot grading note needed. Percent of grade ahead of PVI Station 20+00. Plan Sheet 24 of 36 • Guardrail or lot grading note needed. • Name of road in lieu of Road 1. Plan Sheet 25 of 36 • Vertical curve station on controls. • Please review as we discussed by telephone on November 14, 2003, the sketch or some design similar would be preferable. • Guardrail or lot grading note needed. Plan Sheet 30 of 36 • Anchor blocks with appropriate detail should be provided along with energy dissipater design or approved by VDOT for the proposed type of drainage culvert on C26 outlet. When all the above comments have been addressed and a set of revised plans become available, please send one set of revised plans to this office for VDOT review. If there are any questions, please call. Sincerel lamy f, Barry J. Sweitzer, Transporta For: Lloyd A. Ingram, Transportation Engineer BJS/rf Enclosures xc: 3eironimus (2r. erem RECE D NOV 2 0 2003 �Nyp & DEOL�IPMENT REQUEST FOR SUBDIVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works / Engineering 107 North Kent St., 40' Floor Winchester, VA 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 41' Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section I,II and III Location: North of VA Route 7, west of VA Route 660 Engineer Comments: Signature and (NOTICE TO !C1 DEPT. - PLEASE RETURN THIS FORM TO APPLICANT) NOME 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. I DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STREET NAME COMMENTS DATE: December 12, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Red Bud Run COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Red Bud Run subdivision, and has made the following determinations: 1. All ofthe road names, as presented in the Revised Master Plan, dated December 3, 2003, are APPROVED and RESERVED as noted on the plan. Road name locations and suffixes are approved as presented: Shiraz Court Merlot Drive Mackenzie Lane Kemper Court Morlyn Drive Frederick County Dept of GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 gilbert w. Clifford & assk- -ates a division of Patton H arris Rust & Associates,pc Engineers Surveyors. Planners. Landscape Architects. PH 117East Piccadiny Street, Suite200 Winchester, Virginia22601 T 540.667.2139 F 540.665.0493 Memorandum Tim m Welsh, Fire & Rescue Memorandum John Trenary, Building Inspector Marcus LeMasters, GIS From: Ron Mislowsky Date: December 3, 2003 Project Name/Subject: PHR+A Project file Number: cc: Red Bud Run We've revised the plans per your comments 2 copies of the plan sheets are provided here for your review. Please note, these plans are for Section One and Two only. Section Three will be submitted under separate cover. Call if you have questions. Efz,,�2 CoUO-T 'bNY_F_C1) 'PL4A_Y15���D, gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality memorandum To: Review Agencies From: Ron Mislowsky Re: Red Bud Run, Sections I, H and III Date: August 25, 2003 We've enclosed subdivision design plans for the first 285 lots of this subdivision at the intersection of VA Route 7 and VA Route 660. In addition to the connection on Route 660 (Woods Mill Road) an additional access to Route 656 (Morgan Mill Road), near the High School access point, is proposed. The site drains to Red Bud Run and Ash Hollow Run. We have determined that both of these are adequate channels. The storm water calculations indicate the culverts under Route 7 have the capacity to carry the post development flows without excessive heads developing. Public Utilities will serve the site, and are extended from existing service locations across VA Route 7 at the Blue Ridge Mobile Home Park. The open space and buffers provided meet the requirements of the Master Development Plan and the density provided is authorized. Copies of the plans and comment sheets are provided. Please feel free to call if you have questions. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council Please note: The subdivision pla S associated witi i this file are located in the library. A SUBD. #13-03 RED BUD RUN - fd ' Stonewall 285 SINGLE FAMILY AN