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Home My WebLink About07-14 Red Bud Run Section III PIN 55-A-106 64 Lots Phases 1, 2, 3 Stonewall - BackfileCOTES RECEIPT RECEIVED FROM ! ccj, ADDRESS 4-�)o FOR H !—�) I I CC: j I AMT OF DATE � �_ V - vc N� ►► I cictcc.�,s, �C NO. 541183 ai .a.wV N r CASH. AMT. PAID 3 1' - CHECK BALANCE DUE j MONEY - - �� t v I SIC�r� ✓ PAID Bc.( RECEIPT DAT I-� E RECEIVED FROM -1) I:' F 1-40 111 N , i cc ---- NO. Z) 8 J 0 8 t iL'l �)(�r�� ADDRESS yd di l lOC ► I� �.� ti ra t e CN41L�r rr sect Ist./C? VAac,l FOR r CL63(,Cq 1 �� Sect mil_ _ �.__._._ 1 1 ► ACCOUNT �1 �CCSF (► AMT. OF ACCOUNT HOW PAID {J CASH AMT. +i PAID i 0C) -� BALANCE DUE :. CHECK y MONEY I i ORDER K)2Nl rFnFOFN7 s; 8018 ACCOUNT HOW PAID " A,NT. OF ACCOUNT - CASH AMT. _ PAID CHECK BALANCE MONEY DUE - ORDER NOTES Q BY (b2001 FtPPF0Rm ®8L818 RECEIPT DATER 171LI NO. 577485 RECEIVED FROM qIt �f�✓s_L{ r) c IkK ,6,p, T�(� ADDRESS42 JVOW-EV 1 io& \bji hjV_l,,,4f,( Y Pt o� -- ACCOUNT HOW PAID -Am T. OF ACCOUNT CASH AMT. CHECK 5 PAID BALANCE MONEY L,_DUE._ ORDER K 2001 FI9 FORM. ® 81-818 11 SUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS Sanitation Authority / Health Department . / Inspections Department Parks & Recreation Fire Marshall County Engineer 2. One copy of the subdivision application To be filled in if an MDP is associated with TRACKING SHEET this subdivision p M DP #&Z Q 3 d ,-)D / 7 11 1 I SDP Application received Approved by BOS: Admin. Approval• s- / / I CA SDP Fee paid ($ 8 w u ) LOIs.(Is .5ac.+3 N-s&l 1 iy`I 3 PMSk 1'415It (0 $Qc+ Ph o,sa 1 11 114 115 5 Ph"k- z, q Information entered in D-base and Reference Manual Application Action Summary updated Plat Application Received & fee paid $ 3a00, a Plat(s) signed by Subdivision Administrator Approval letter to applicant/copy to file & cc's y 3po' w Soy+ 3 Pnq-,A l -1// �//S pho_13 Pkd.k Z 'I ©I 1 (D lb Copy of final subdivision plat(s) [with signatures] made and given to .%Ct3 ph a,'4yj 17/1S DID GIS for structure numbering assignment phase z it .20 (0 -j had L c zx r Co Updated D-base and Reference Manual -/ -/S $-16 `�°A iplication Action Summary updated Final plat(s) submitted with review agency signatures along with: .:;u.t3 y 5 Recorded Deed of Dedication Mhos` 1—''�`j' Sys ID # I5 Bond estimate (if required) $ _l,[,C I;444*A-: 111 Revised 3/14/14 1 p; c '� �' �"' :� � UC%C A I I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 December 19, 2016 Patrick Sowers Dave Holliday Construction Company 420 West Jubal Early Drive, Suite 103 Winchester, VA 22601 RE: Final Plats - Red Bud Run - Section 3 Phase 3, PIN #55-A-106 Dear Patrick: This letter is to confirm that the final plats for Red Bud Run - Section 3 Phase 3, have been approved. This phase calls for eighteen (18) single-family detached cluster lots. I am returning one signed copy 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/dw cc: Judith McCann -Slaughter, Stonewall District Supervisor Gary Oates and William Cline, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: Application #: MDP: _yes no If no, has the MDP requirement been waived by the Planning Director?:yes. no ,4fthe MDP has heen. waived. fill in thefoAowing nubiic meeting dates for the final plats: 1. Applicant: Name: �,�,"�e"� (y�s�*- or Telephone: t2-0 Address: Y 7-0 i,J _ ,.� w� C I v N CLei)�I m e L e4 �=e , VA 1 z Z6 o k 2. Property Owner (if different than above) Name: Address: Telephone: 3. Please list names of all owners,_ principals, and/or majority stockholders: 4. Contact person if other than above Name: ��,�-, , A __� o L., Telephone: S`lo -�3 —3333 5. Name of Proposed Subdivision: 6. Number of Lots: 12, 7. Total Acreage: 12 - t4 C A C. 8. Property Location:�,�. e (Give State Route # and name, distance and direction from intersection) 0 I " 9. Magisterial District: S 4 tit 10. Property Identification Number (P.I.N.): (Parent Tract) 1 11. Property zoning and present use: 12. Adjoining property zoning and use: USE ZONING North rp VA-e- , k East 2 l4 yes • South /K A 1 'I West X P d c_s , .,,n L-C. I 13. Has a Master Development Plan been submitted for this project? RYes ONO 14. If yes, has the final MDP been approved by the Board of Supervisors? MYes nNo 15. What was the Master Development Plan title? {2.eyl J P „-^ See— MY 16. Does the plat contain any changes from the approved MDP? Dyes _ZNo 17. If yes, specify what changes: 18. Minimum Lot Size (smallest lot): T., 5- Q 19. Number and types of housing units in this development: l T S F- I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission pf r# site pJdn. Signature: Date: t 2/ 4 10 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 20, 2016 Mr. Dave Holliday Dave Holliday Construction Company 420 West Jubal Early Drive, Suite 103 Winchester, VA 22601 RE: Final Plats - Red Bud Run - Section 3 Phase 2, PIN #55-A-106 Dear Dave: This letter is to confirm that the final plats for Red Bud Run - Section 3 Phase 1, have been approved. This phase calls for twelve (12) single-family detached cluster 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/dw cc: Judith McCann -Slaughter, 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 April 15, 2015 Mr. Dave Holliday Dave Holliday Construction Company 420 West Jubal Early Drive, Suite 103 Winchester, VA 22601 RE: Final Plats - Red Bud Run - Section 3 Phase 1, PIN #55-A-106 Dear Dave: This letter is to confirm that the Final Plats for Red Bud Run - Section 3 Phase 1, have been approved. This phase calls for sixteen (16) 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/dlw cc: 0-Charles S. DeHayen_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 9 Winchester, Virginia 22601-5000 Diane Walsh From: Diane Walsh Sent: Wednesday, April 15, 2015 3:12 PM To: Jo Schramm (dholliday22604@yahoo.com) Subject: Approval Letter Attachments: Red Bud Run Section 3 - Phases 1 plat approval letter.pdf Jo —This letter should have been attached to the plats which Dave just picked up. Diane L. Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 Fax:540-665-6395 dwalshnfcva.us Diane Walsh From: Mail Delivery System <MAILER-DAEMON@co.frederick.va.us> To: dholliday22604@yahoo.com Sent: Wednesday, April 15, 2015 3:12 PM Subject: Relayed: Approval Letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: dholliday22604@vahoo.com Subject: Approval Letter Diane Walsh From: Microsoft Outlook To: Mark Cheran Sent: Wednesday, April 15, 2015 3:14 PM Subject: Delivered: Red Bud Run, Section 3 - Phase 1 Plat Approval Your message has been delivered to the following recipients: Mark Cheran (mcheran@fcva.us) <mailto:mcheran@fcva.us> Subject: Red Bud Run, Section 3 - Phase 1 Plat Approval Diane Walsh From: Diane Walsh Sent: Wednesday, April 15, 2015 3:14 PM To: Mark Cheran Subject: Red Bud Run, Section 3 - Phase 1 Plat Approval Attachments: Red Bud Run Section 3 - Phases 1 plat approval letter.pdf Tracking: Recipient Delivery Mark Cheran Delivered: 4/15/2015 3:14 PM Gary Oates Stan Crockett Charles S. DeHaven, Jr. Please find attached the approval letter for the Red Bud Run — Section 3 — Phase 1 Final Plats. If you have any questions, please do not hesitate to contact Mark. Diane L. Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 Fax:540-665-6395 dwalsh@fcva.us Diane Walsh From: Microsoft Outlook To: Mark Cheran Sent: Wednesday, April 15, 2015 3:14 PM Subject: Delivered: Red Bud Run, Section 3 - Phase 1 Plat Approval Your message has been delivered to the following recipients: Mark Cheran (mcheran@fcva.us) <mailto:mcheran@fcva.us> Subject: Red Bud Run, Section 3 - Phase 1 Plat Approval Diane Walsh From: Mail Delivery System <MAI LER-DAEMON@co.frederick.va. us> To: cdehaven@crosslink.net; scrockett@vit.org Sent: Wednesday, April 15, 2015 3:14 PM Subject: Relayed: Red Bud Run, Section 3 - Phase 1 Plat Approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: cdehaven@crosslink.net scrockett@vit.org Subject: Red Bud Run, Section 3 - Phase 1 Plat Approval Diane Walsh From: MAILER-DAEMON@admin.nni.com To: cdehaven@crosslink.net Sent: Wednesday, April 15, 2015 3:14 PM Subject: Delivered: Red Bud Run, Section 3 - Phase 1 Plat Approval Your message has been delivered to the following recipients: cdehaven@crosslink.net Subject: Red Bud Run, Section 3 - Phase 1 Plat Approval Diane Walsh From: Mail Delivery System <MAILER-DAEMON@AOL.com> To: Greywolfeinc@aol.com Sent: Wednesday, April 15, 2015 3:14 PM Subject: Expanded: Red Bud Run, Section 3 - Phase 1 Plat Approval Your message has been delivered to the following groups: Greywolfeinc@aol.com Subject: Red Bud Run, Section 3 - Phase 1 Plat Approval COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 March 4, 2015 Michael Newlin, PE Pennoni Associates, Inc 117 East Piccadilly Street Winchester, Virginia 22601 RE: Red Bud Run Section III Phases 1-3 Property Identification Number 55-A-106 RP (Residential Performance) Zoning District Dear Mr. Newlin: This letter is to confirm that the subdivision design plan for Red Bud Run Section III Phases 1-3, was approved on March 4, 2015. This design plan reflects for the construction of 43 single- family detached cluster dwellings within the three (3) phases If you have any questions, please call me at (540) 665-5651. Sincerely, �r Mark R. Chei:an Zoning & Subdivision Administrator MRC/pd cc: Charles DeHaven, Jr., Stonewall District Supervisor Stan Crockett and Gary Oates Stonewall Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 12, 2015 Ronald A. Mislowsky, P.E. 117 Piccadilly Street Winchester, Virginia 22601 RE: Review of Subdivision Design Plan #07-14 Red Bud Run Phase III Property Identification Number (PIN): 55-A-106 Dear Ron: The Planning Staff has reviewed the above -reference subdivision design plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted until the issues in this letter have been adequately addressed. I have enclosed a marked copy of the plans to assist with the revision. The following comments need to be addressed: 1. On sheet 1 need to change subdivision site plan to subdivision. 2. On sheet 1 need to change dwelling type does not match Master Development Plan (MDP). 3. On sheet 1 need owner to sign. 4. On sheet 2 legend needs to symbol for fire hydrants. 5. On sheet 3 need to change setbacks for Section I & II. 6. On sheet (s) 6, 7, 8, 9 and 11 need stop signs at intersections. 7. On sheet (s) 6, 7, 8, 9 and 11 need streetlights at intersections and end of cul-de-sac. 8. On sheet 31 needs to show stop signs specifications. 9. On sheet 31needs to show streetlight specifications. Please address the above comments and resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets from: the Virginia Department of Transportation, Frederick County Inspections Department, Frederick Public Works, Frederick County Sanitation Authority, Frederick County Fire Marshall, Frederick County Parks and Recreation, Frederick County Public Schools, and Frederick County GIS. Should you have any questions, to call me at (540) 665-5651. Sincerely, aM herk R. Che n Zoning Administrator MRC/pd Attachments cc: David Holliday Construction Inc., 420 West Jubal Early Drive Suite 103, Winchester, VA 22601 107 North Kent Street • Winchester, Virginia 22601-5000 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Department of Planning & Development Mail to: Frederick County Department of Planning & Development 107 North Kent Street, Winchester, Virginia 22601 Phone: (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./Michael Newlin, PE Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section III Location of Property: North side of Rt. 7 East (Berryville Pike) at the intersection of Rt. 7 and Woods Mill Road. Department of Planning & Development Comments: Date Received _ Date Reviewed Revision Required Signature & Date: -PLANNING DEPARTMENT USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 16 SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Onl Date: L{ Application #:)Tl `( MDP: des no If no, has the MDP requirement been waived by the Planning Director?: yes no If the MDP has been waived, fill in the following public meeting dates for the final plats: PC Meeting Date BOS Meeting Date 1. Applicant: Name: Pennoni Associates Inc. Telephone: 540-667-2139 Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 2. Property Owner (if different than above) Name: Dave Holliday Construction, Inc. Address: 540-667-420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Telephone: 540-667-2120 3. Please list names of all owners, principals, and/or majority stockholders: Dave Holliday Construction, Inc. 4. Contact person if other than above Name: 5. Name of Proposed Subdivision 6. Number of Lots: 64 7. Total Acreage 34.14 ac. Red Bud Run Section III Telephone: 8. Property Location: North side of Rt. 7 East (Berryville Pike) at the intersection of Rt. 7 and Woods Mill Road (Give State Route # and name, distance and direction from intersection) E 9. Magisterial District: Stonewall 10. Property Identification Number (P.I.N.): 55-A-106 (Parent Tract) 11. Property zoning and present use: RP - Vacant 12. Adjoining property zoning and use: USE North Vacant East Residential South West Residential Residential ZONING RA RA MH 1 13. Has a Master Development Plan been submitted for this project? 2✓ Yes nNo 14. If yes, has the final MDP been approved by the Board of Supervisors? 2✓ Yes ONo 15. What was the Master Development Plan title? Red Bud Run Section In 16. Does the plat contain any changes from the approved MDP? Dyes FV No 17. If yes, specify what changes: 18. Minimum Lot Size (smallest lot): 8,246 SF 19. Number and types of housing units in this development: 64 Single Family Detached I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site pan. Signature: / Date: i[f, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Dave Holliday Construction, Inc. (Phone) 540-667-2120 (Address) 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 487 on Page , and is described as Tax Map 55-A-106 do hereby make, constitute and appoint: (Name) Pennoni Associates Inc. (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) �✓ _Subdivision F711 Site Plan _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise es coded or modified. In witness thereof, I (we) hav eto set my (our) hand and seal this '�j day of © �e/" 20 1' , Signature(s) State o�irgi,City/County of F(elyl � , To -wit: I,J „jp �jtX1Ta,�►orYl a Notary Public in and for the jurisdict� `rtitshi,� certify that the person(s) who signed to the foregoing instrument personally appeared bef're- iihiaci<bas.'>" rj acknowle ed the same; ore me in the jurisdiction aforesaid this Df day of t , 20 ► ; . ` My Commis ion Expires: No b APPLICATION 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. i 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 -hundredth (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. 1/ 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. Location and area of each parcel of common open space and the total area of - p p p 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. 11 +✓ 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 ✓ Storm water management plan with calculations describing how storm water management requirements are being met, including the location and design details of proposed facilities. Proposed grading plan including spot elevations and flow arrows ✓ l 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 storm water detention areas. /l 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. �O Location of proposed recreational areas and facilities. Location of proposed buffers and screening with design details, locations and types of plants and screening. Proposed landscaping with location and types of plants. Certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. Signati�lre of the owner nyryy�rmcipa�s cel ifying own r hip o the prpperty tC'VtC o-� ,1 pl<< , se,, Statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use pegrmit. Si nature line for the Subdivision Administrator. 12 F REDERICK COUNTY SANITATION AUTHORITY SI`K, ITAN RIN11M COMMENTS PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice 315 Tasker(R�oad, Stephens City, VA 22655 540.868.1429 fax Project ..RED B�q R(AN 5cG7—w- Applicant - REVIEW STATUS attention review number 03 correct & resubmit approved as noted number of items to be corrected approved Vou may submit just cover sheet and the revised sheets. DRAWINGS send me by _ W 1. print of sheets � "- LL 5-6trOF 2. two CDs: each disc shall contain the following plan sheets t'� 3/ lip i" (3 j(7 a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD (containing all of the above noted sheets) shall be in DWG format. Each sheet shall be in its own file and each sheet shall be titled with the project name and with the appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS (9/ N A copy of the recorded onsi wale and* er)easement(s) is/are required. Y 49 A copy of the recorded offsite water and/or sewer easement(s) is/are required. The easement document shall contain a plat and both shall be signed by the Authority. The Authority requires specific language in its deed of easement. Contact this office to obtain a copy of the form. A copy of the recorded deed(s) of easement shall be received before service will be authorized. OTHER Y N This project also requires DEQ - Valley Region Office approval. Y This project also requires VDH — Lexington Field Office approval. 0 N This project also requires VDH — Lexington Field Office — Project Summary Report. By R11 gll�g Y& This project has a sewer pump station that FCSA will own. Title to the pump station site shall be granted to the Authority in fee simple absolute. Also, (1) a copy of DEQ's Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) two copies of the FCSA approved O & M manual are required. These documents must be received before service will be authorized. Date: ' �g ty Farl W, Wiley - Engineering Assistant �Pennoni PENNONI ASSOCIATES INC. CONSULTING ENGINEERS January 28, 2015 Mr. Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: RED BUD RUN PHASE II SUBDIVISION DESIGN PLAN #07-14 Dear Mark, ,o J A �l 2 q 2015 L_ ....� FREDIZHiC K COUNTY PLANNING AND DEVELOPMENT We have received your comments dated January 12, 2015 and have revised the plans accordingly and offer the following responses. In addition we request a deviation for the placement of street trees in the front yards of the single family cluster lots. With 25' front yards and utilities including water and sewer in 10' easements in the front yards, there is no room to place trees in that location. The total number of required trees is still provided, however the front yard trees are now in the back yards and in open space. See the landscaping plans on sheets 26 and 26A and the landscaping calculations and details on sheet 27. 1. On sheet 1 need to change subdivision site plan to subdivision. Response: The plan title has been revised to only list "subdivision". In addition, the project has been phased. This submission now entails the first 3 of 4 phases. The final phase will be submitted separately at a later date. 2. On sheet 1 need to change dwelling type does not match Master Development Plan (MDP) Response: The dwelling type has been revised to "single family cluster lots". 3. On sheet 1 need owner to sign. Comment: Once the subdivision plan is approvable, signed sets will be submitted to the Planning Department. 4. On sheet 2 legend needs to symbol for fire hydrants. Response: The fire hydrant symbol has been added to sheet 2. 5. On sheet 3 need to change setbacks for Section I & II. Response: To avoid confusion, references to Sections I and II have been removed from the setback table. 6. On sheet (s) 6, 7, 8, 9 and 11 need stop signs at intersections. Response: Stop signs and stop bars have been added to all intersections. They can be seen on all sheets as requested. They are labeled on sheets 6 and 7. Sheet 7A has been added to the set which shows pavement markings and signage. 7. On sheet (s) 6, 7, 8, 9 and 11 need streetlights at intersections and at end of cul-de-sac. Response: Streetlights are now shown and labeled on the sheets as requested. 117 East Piccadilly Street - Winchester, VA 22601 - Ph: 540-667-2139 - Fx: 540-665-0493 www.pennoni.com REQUEST FOR SUBDIVISION PLAN COMMENTS Request for Street Name Comment Mail to: Frederick County Information Technologies, GIS Division Attn: GIS Manager 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: Frederick County Information Technologies, GIS Division 107 North Kent Street, I" Floor Winchester, Virginia 22601 Phone: (540) 665-5614 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./Michael Newlin, PE Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Name of development and/or description of the request: Red Bud Run Section III Location of Property: North side of Rt. 7 East (Berryville Pike) at the intersection of Rt. 7 and Woods Mill Road. GIS Manager Comments: -GIS MANAGER USE ONLY - Date Received- %-Jy Review Number 19 2 3 4 5 (circle one) Date Reviewed Revision Required Wo Date Approved Signature & Date: 1 ** Please Return Form to Applicant** 17 N INFORMATION TECHNOLOGIES COUNTY OF FREDERICK, VIRGINIA w E STREET NAME COMMENTS MDP REVIEW DATE: November 13, 2014 SUBDIVISION: Red Bud Run STAFF MEMBER: Kyle Schwizer, GIS Technician APPLICANT: Pennoni Associates Inc. ATTN: Michael Newlin 117 E Picadilly Street Suite 200 Winchester, VA 22601 Section III 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Megan Lane Taylor Court Bradley Court Frederick County Information Technologies, 107 North Kent Street, Winchester, VA 22601, (540)665-5614 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Inspections Department Comment Mail to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: Frederick County Inspections Dept. 107 North Kent Street, 2nd Floor l Winchester, Virginia 22601 �L( Phone: (540) 665-5650 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./Michael Newlin. PE Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 i :f: !tri„it c'r,uni4 Name of development and/or description of the request: Red Bud Run Section III Location of Property: North side of Rt. 7 East (Berryville Pike) at the intersection of Rt. 7 and Woods Mill Road. Inspections Department Comments: p 6Ds�lc e0A-5 C`s.�o err, A,1n� �c e % �L �S ��c c�- -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received 11�4%y Review Number 1 2 3 4 5 (circle one) Date Reviewed I i I t 1-4 Revision Requiredy�r �, Date Ap1Aved i� Signature & Date: ** Please Retu 19 to Applicant** Dwellings shall comply with The Virginia Uniform Statewide Building Code (USBC) and The International Residential 2012 Codes. Engineer Design required on all foundations and/or slabs with greater than 8" fill or 24" clean sand/gravel. Please Note 248 — 253; 267-274; 283-285 Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover. Engineering required on storm drains higher than basement finished floor elevation. Additional engineering on foundations may be required due to storm water drainage. Note Lot s 249, 283, 284, 270, 271 Grade shall be sloped away from foundations a min 6" in 10'. Retaining Walls require a building permit Footing shall be placed on slopes as required per Section R403.1.7. Engineering on slope stability is required The building official is permitted to require an investigation and recommendation of a qualified engineer to demonstrate that the intent of this section has been satisfied. Such an investigation shall include consideration of material, height of slope, slope gradient, load intensity and erosion characteristics of slope material From:Frederick Co Fire & RE 540 678 4739 11/ '014 17:29 #748 P.003/003 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Fire Marshal Comment Mail to: Frederick County Fire Marshal Attn: Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 Hand deliver to: Public Safety Building 1800 Coverstone Drive Winchester, Virginia 22602 Phone: (540) 665-6350 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the Applicant's Name: Pennoni Associates Inc./Michael Newlin, PE Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section III Location of Property: North side of Rt. 7 East Berryville Pike) at the intersection of Rt. 7 and Woods Mill Road. PLANS APPROVEID Fire Marshal Comments: 8 . s- ;!ARSHALj FREDERICK COON 6 X MR.- a14: r. 21 RECEIVED NOV 05 209 11/06/2014 4:30PM (GMT-05:00) 1 " From:Frederick Co Fire & RE 540 678 4739 11/ '014 17:28 #748 P.002/003 Control number SP14-0043 Project Name Red Bud Run Section III Address 117 E. Piccadilly St. Suite 200 Type Application Site Plan Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date received Date reviewed Date Revised 11/5/2014 11 /612014 Applicant Pennoni Associates Inc City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District Rescue District 18 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Reviewed By Signature Kenneth Scott Tide Election District Stonewall Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No 11/06/2014 4:30PM (GMT-05:00) REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Parks and Recreation Comment Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: 107 North Kent Street Second Floor Winchester, Virginia 22601 Phone: (540) 665-5678 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one ("1) copy of the Subdivision Design Plan with this sheet. Applicant's Name: Pennoni Associates Inc./Michael Newlin, PE Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly St. Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Red Bud Run Section III Location of Property: North side of Rt. 7 East (Berryville Pike) at the intersection of Rt. 7 and Woods Mill Rd. Parks and Recreation Comments: No comment -FREDERICK COUNTY PARKS AND RECREATION USE ONLY- Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required J I Date Approved Signature & Date: 2 �' ** Please Return Form to Applicant" MA N February 3, 2015 Mr. Michael Newlin, P.E. Pennoni Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601. RE: Red Bud Run, Section III - Subdivision Plan Comments Frederick County, Virginia Dear Mr. Newlin: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the revised subdivision plan dated January 22, 2015 and it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject plan. Sincerely, �A 4f Iz- Joe C. Wilder Deputy Director of Public Works JCW/rls cc: Mark Cheran, Planning and Development file 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 Karen Flynn From: Michael Newlin Sent: Tuesday, November 25, 2014 4:03 PM To: Karen Flynn Subject: FW: Red Bud Run Phase III Subdivision Plans WA Michael Newlin From: Wayne Lee[mailto:LeewC&frederick.kl2.va.us] Sent: Tuesday, November 25, 2014 4:00 PM To: Michael Newlin Cc: John Grubbs; Al Orndorff; David Sovine Subject: Red Bud Run Phase III Subdivision Plans Mr. Newlin, Good afternoon. Frederick County Public Schools has reviewed the above -referenced plans and has no comments. Thank you for the opportunity to comment. Kenneth Wayne Lee, Jr. LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. O. Box 3508 Winchester, VA 22604-2546 Ieew(dfrederick. kl2.va. us (office) 540-662-3889 x88249 (fax) 540-662-4237 (cell) 540-333-2941 Karen Flynn From: Michael Newlin Sent: Tuesday, February 24, 2015 8:38 AM To: Karen Flynn Subject: Fwd: RE: Red Bud Run Section III Phases 1-3 ---------- Forwarded message ---------- From: "Rhodes, Timothy (VDOT)" <Timothy.Rhodes@vdot.vir inia.gov> Date: Tue, Feb 24, 2015 at 4:06 AM -0800 Subject: RE: Red Bud Run Section III Phases 1-3 To: "Michael Newlin" <MNewlin@Pennoni.com> Michael, This looks good. Please send hard copies, cd and response letter for approval. Thanks, Timothy Rhodes VDOT- Land Development Engineer Clarke, Frederick,Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 From: Michael Newlin [mailto:MNewlin@Pennoni.com] Sent: Monday, February 23, 2015 12:17 PM To: Rhodes, Timothy (VDOT) Subject: RE: Red Bud Run Section III Phases 1-3 Hi Tim, We think we've addressed your comments, but would like you to take a quick look and make sure our detail on the square sign posts is what you were looking for. See the attached 4 page pdf which contains only the changed sheets with revision clouds. If this looks ok to you, we'll put the hard copies, cd and response letter in the mail today. Thank you very much. Michael Newlin From: Rhodes, Timothy (VDOT) [mailto:Timothy.Rhodes@vdot.virginia.gov] Sent: Thursday, February 19, 2015 3:10 PM To: Ronald Mislowsky Cc: Funkhouser, Rhonda (VDOT); Smith, Matthew, P.E. (VDOT); Michael Newlin; Ingram, Lloyd (VDOT); 'mcheran@co.frederick.va.us'; John Bishop (jbishop@co.frederick.va.us) Subject: Red Bud Run Section III Phases 1-3 DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Ron, A VDOT review has been conducted on the Red Bud Run Section III, Phase's 1-3 Subdivision Plan, with a signature date of January 22, 2015. We offer the following comments: • The pavement marking and signage plan indicates the use of round sign post. The appropriate sign post as identified in the VDOT Road and Bridge Standards is a Square Tubing Post, STP-1. Please revise and include the most recently revised STP-1 Standard Detail. The detail sheet for sign placement on the post shall be included. • The sight distance triangles indicate the need for sight distance easements at intersections. Please include sight distance easements where line of sight leaves the right-of-way. Please provide a resolution for the above comments by sending two sets of revised drawings, a comment response letter, and highlighted plan showing changes, as well as one digital copy of the plans. Should you have any questions, please feel free to contact me. Thank You, Timothy Rhodes VDOT- Land Development Engineer Clarke, Frederick,Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 Mark Cheran From: Rhodes, Timothy (VDOT) [Timothy.Rhodes@vdot.virginia.gov] Sent: Thursday, February 19, 2015 3:10 PM To: Ronald Mislowsky Cc: Funkhouser, Rhonda (VDOT); Smith, Matthew, P.E. (VDOT); Michael Newlin; Ingram, Lloyd (VDOT); Mark Cheran; John Bishop Subject: Red Bud Run Section III Phases 1-3 DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Ron, A VDOT review has been conducted on the Red Bud Run Section III, Phase's 1-3 Subdivision Plan, with a signature date of January 22, 2015. We offer the following comments: • The pavement marking and signage plan indicates the use of round sign post. The appropriate sign post as identified in the VDOT Road and Bridge Standards is a Square Tubing Post, STP-1. Please revise and include the most recently revised STP-1 Standard Detail. The detail sheet for sign placement on the post shall be included. • The sight distance triangles indicate the need for sight distance easements at intersections. Please include sight distance easements where line of sight leaves the right-of-way. Please provide a resolution for the above comments by sending two sets of revised drawings, a comment response letter, and highlighted plan showing changes, as well as one digital copy of the plans. Should you have any questions, please feel free to contact me. Thank You, Timothy Rhodes VDOT- Land Development Engineer Clarke, Frederick,Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 Mr. Mark Cheran January 28, 2015 Page 2 Frederick County Planning Red Bud Run Section III 8. On sheet 31 needs to show stop signs specifications. Response: A stop sign specification has been added to sheet 7A. 9. On sheet 31 needs to show streetlight specifications. Response: Streetlight details and specifications have been added to sheet 28. Enclosed is one set of revised plans. Once you have verified that the set is approvable, we will provide you with additional copies, signed by the owner. If you have any questions regarding this project please contact us at your convenience. Sincerely, ONAelL e NC LL .ER OF TRANSMITTAL Peasant i PENNONI ASSOCIATES INC. CONSULTING ENGINEERS 117 East Piccadilly Street Winchester, VA 22601 Tel: 540 — 667 - 2139 Fax: 540 — 665 - 0493 WE ARE SENDING YOU ❑ Shop Drawing El Copy of Letter TO: Frederick County Planning 107 N. Kent Street Winchester, VA 22601 DATE March 2, 2015 JOB NO. ATTENTION Mark Cheran RE: Red Bud Run Section III ® Attached El Under separate cover s ❑ Prints ❑ Plans ❑ Change Order ❑ via the following items: El Samples ❑ Specifications LIST OF ITEMS TRANSMITTED COPIES DATE NO: DESCRIPTION 1 ea Agency Approval Sheets from FCSA, Fire Marshal, GIS, Inspections, Parks & Rec, Public Works, Schools & VDOT THESE ARE TRANSMITTED as checked below: ❑ For approval El Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted El Submit copies for distribution ® As requested El Returned for corrections El Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: Michael Newlin, PE If enclosures are not as noted, kindly notify us at once. .LN�Ymav —, — -- - uNnoo y0I1d�a3a-A Stu C - 06 TR8100 1 /2013 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Candice Mark �! Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date &Time):- (S:Office on Blackbox\Forms\Document Approval Form—6/7/2016 ) Date & Time Memorandumt TO: Mark Cheran FROM: Patrick Sowers DATE: December/ 016 g SUBJECT: Red Bud Run III, Phase 3 Final Plats and Deed of Subdivision CC: Please find attached the signed subdivision plats and deed of subdivision for Phase 3 of Red Bud Run Section 3 for your review and final approval pending posting of the subdivision bond. I have also attached the application form and fee in the amount of $3,600. If you have any questions or need additional information, please feel free to contact me at (540) 336-3333. 420 W Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Pennon PENNONI ASSOCIATES INC. CONSULTING ENGINEERS MEMORANDUM TO: Candice Perkins, AICP, Frederick County Planning and Development FROM: Michael Newlin, PE DATE: November 5, 2014 SUBJECT: Red Bud Run — Phase III Subdivision Plans CC: Review Agencies Please find attached the Subdivision Design Plan for the portions of Red Bud Run — Phase III located east and adjacent to Woods Mill Road for your review. The attached plans provide for the development of 64 single family lots on the subject area. As background, Red Bud Run was rezoned for up to 300 single family lots in 2002. The project is located on both sides of Woods Mill Road. The portions of the development located east of Woods Mill Road (representing Phases 1, 2, and a small portion of Phase 3) are nearing full build -out. In the summer of 2014, the owner of the un-built portions of Phase 3 located west of Woods Mill Road revised the Red Bud Run Master Development Plan to allow for a reduced minimum lot size (8,000 SF vs. 12,000 SF) for development of the subject area. The proffered maximum number of dwelling units for Red Bud Run remains consistent with the original rezoning approval. �@19ad[I Nov -52014 FREDERICK COUNTY 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candice Mark r Dave Eric Mike John COMMENTS: CC hec- Ic, 4 o Received by Clerical Staff (Date & Time)::g (S:Office on Blackbox\Forms\Document Approval Form 07/16/2014) 29500.0 + 29500.0 *+ 64• x 100• _ 69400.0 *+ 6 9400.0 .+ MOM+ 002...9.. o-oo. 8Y900.0 *+ M I SCI:I.LANEOUS OFFI FREDERD EI UI URT DATE: 04/14/15 TIME: 16:01:31 ACCOUNT: 069CLR150003255 RECEIPT: 15000006727 CASHIER: KKB REG: WE17 TYPE: DEC PAYMENT: FULL PAYMENT INSTRUMENT 150003255 BOOK: PAGE: RECORDED: 04/14/15 AT 16:01 GRANTOR: DAVE HOLIDAY CONSTRUCTION INC EX: N LOC: CO GRANTEE: RED BUD RUN SEC 3 PROPERTY OWNERS ASSOCIATION INC EX: N PCT: 100% AND ADDRESS : , RECEIVED OF : HOLIDAY, DAVE CASH: $35.00 DESCRIPTION 1: ST DIST PAGES: 27 OP: 0 2: RED BUD RUN, SEC 3, PH 1 NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: PIN: 301 DEEDS 28.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 TENDERED 35.00 AMOUNT PAID: 35.00 CHANGE AMT : .00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 D L c Lpm APR 1 5 2015 FREDEHiCK COUNTY O 1500032-55 1, co PREPARED BY: Thomas M. Dickinson, Jr., Esquire Bowles Rice LLP 480 W. Jubal Early Dr., #130, Winchester, VA 22601 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS RED BUD RUN SUBDIVISION SECTION 3 THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of the 9 -day of April, 2015, by and between DAVE HOLLIDAY CONSTRUCTION, INC. a Virginia corporation, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and RED BUD RUN SECTION 3 PROPERTY OWNERS' ASSOCIATION, INC., a Virginia non -stock corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). RECITALS: A. The Declarant is the owner of certain real property which is to be developed as a single family residential community in accordance with the Frederick County Zoning Ordinance. The Property is located in Frederick County, Virginia and contains 28.1960 acres as shown on that certain Final Plat made by Michael M. Artz, dated February 14, 2005 and attached hereto. B. The Declarant desires to create on the Property a residential community, which shall have permanent open spaces and other common facilities for the benefit of the community. C. 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. D. 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. L 4r O J E. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, Red Bud Run Section 3 Property Owners' Association, Inc., for the purpose of exercising the functions of the Association. F. The Declarant desires that all lots created from the Property by such deeds of dedication and subdivision shall be subject to the provisions of this Declaration and that all references herein to "owners" and "lots" shall mean owners of lots created hereafter from portions of the Property by deeds of dedication and subdivision. 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 Section 3 Property Owners' Association, Inc., a Virginia non -stock corporation, its successors and assigns. Section 2. "Board of Directors" or "Board" or "Directors" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 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 the Plats attached to the deeds of dedication and subdivision of the Property. Section 4. "Declarant" shall mean and refer to Dave Holliday Construction, Inc., and its successors or assigns (i) to whom Dave Holliday Construction, Inc. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land, which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, 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. 2 t 1:: Section 5. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. Section 6. "Builder" shall mean a person or firm that constructs dwelling units under contract for purchase with a buyer. Dan Ryan Builders Mid -Atlantic, Inc., a Maryland corporation is a "Builder" as defined herein. Section 7. "Dwelling Unit" shall mean and refer to any structure located on 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 detached homes. Section 8. "Federal Agencies" shall mean the Veterans Administration ("VA"), Federal Housing Administration ("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 any person or entity who holds a membership in the Association, as more particularly set forth in Article II 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 Common Area who has notified the Association of this fact in writing. 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 which is part of or has been annexed into the Association, 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. "Plats of survey" shall mean and refer to the Plat referred to herein and attached hereto as well as the plats of survey attached to future deeds of dedication and subdivision of portions of the Property. Section 14. "Property" shall mean and refer to that certain real property described as Red Bud Run Section 3, Phase 1, as duly submitted, plated and recorded by the plat and Deed of Dedication 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 Fredrick County Tax Parcel No. 55-A-106. 3 0 co Section 15. "Sections" shall mean those sections as approximately set out on the Plats of Survey attached to deeds of dedication and subdivision of the Property, or as subsequently amended. Said Sections indicate development sections, and upon development of said Sections, said Lots shall automatically be annexed within the Association, without any need for approval by the Association. ARTICLE II MEMBERSHIP Every Owner of a Lot, which is subject to 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 by the Association. Ownership of such Lot shall be the sole qualification for membership. 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 Members. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership pursuant to Article II. Class B: The Class B Members shall be the Declarant and Dan Ryan Builders Mid -Atlantic, Inc. The Class B Members shall be entitled to three (3) votes for each lot in which it holds the interest required for membership pursuant to Article II. Class B, as a separate class, shall terminate and be converted to Class A membership with only one (1) vote per Lot, upon the occurrence of whichever of the following first occurs: (a) within fog:: (4) months after the total votes outstanding in the Class A membership equal the total ve.tes outstanding in the Class B membership; or ,,o) 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 Sections of the Property or additional properties pursuant to this Declaration, and in the event that Class B membership shall have terminated as hereinabove provided, Class B membership shall. be revived with respect to all Lots owned by the Declarant and by Dan Ryan Builders Mid -Atlantic, Inc. Such revived Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: 4 I (a) within four (4) months after the total votes outstanding in Class A membership in the annexed property equal the total votes outstanding in the Class B membership in such annexed property; or (b) five (5) years from the date of recordation of the document annexing such property; or (c) sixty (60) days after the Declarant abandons construction in the annexed property (i.e., no new dwelling construction has been initiated for a period often (10) months in the annexed property, unless there is evidence of continuing construction). Section 3. Multiple Ownership Interests. If more than one (I) 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. 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. Except as provided above, in no event shall more than one (1) vote be cast with respect to any Lot. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Easements of Enjoyment. Subject to the limitations and restrictions of this Declaration, 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 limit the number of guests of Members on the Common Area; (b) the right of the Association to adopt and enforce rules and regulations governing the use of the Common Area and facilities including, without limitation, the imposition of fines for the violation thereof; (c) 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 their 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; (d) 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 5 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; (e) 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 dedicate or transfer all or any part of the Common Area to an organization conceived and organized to own and maintain common open space, or, if such organization will not accept such a transfer, then to the County or other appropriate governmental agency, or, if such a transfer is declined, then to another entity in accordance with the laws governing the same, for such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution, any such dedication or transfer shall have the assent of at least three -fourths (3/4) 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 re -subdivision 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; (f) 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. The forgoing shall not be construed however, to permit acquisition of or damage to any improvements, structures or installations located upon the Common Area without the payment of damages, including severance or resulting damages, if any, to the Association absent the Association's consent; (g) 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 a lessee's uses of the Common Area and facilities, which must be in accordance with this Declaration; County; (iv) be consistent with the then -existing ordinances of the I N. 0 Co (v) be consistent with the open space designation of the Common Area; (h) the right of the Declarant, or the Association to re -subdivide and/or adjust the boundary lines of the Common Area as they deem necessary for the orderly development of the subdivision; (i) the right of the Declarant or the Association to dedicate or convey any private streets or portions thereof to the Commonwealth of Virginia, Frederick County, or any other regulatory agency or their successors or assigns. 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 COVENANT FOR ASSESSMENTS Section I. 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, (b) Working Capital Assessment (as hereinafter defined) and (c) Special Assessments (as hereinafter defined) for capital improvements or other specified items, provided, however, as set forth in Section 7 herein. Lots owned by the Declarant and Builders shall be exempt from all Assessments. 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, for the collection thereof, shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time the Assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot for the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of 7 0 co M the Property, for the improvement, repair, and maintenance of the Common Area, including any storm water detention facilities, and drainage facilities, payment of taxes, construction of improvements and maintenance of services and facilities, and the maintenance of services 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. Such purpose shall include trash removal service. Common area shall include all private streets shown on plats of survey of the various portions of the property subdivided. 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 which has been conveyed by the Declarant. The amount of such Annual Assessment shall be established by the Board of Directors, 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 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 the first Lot within that Section to an Owner who is not the Declarant or a builder. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services, including but not limited to trash service, or rights -of -use which are common to all of the Lots. Until January 1 of the year immediately following conveyance of the first Lot to an owner other than the Declarant, the initial Annual Assessment shall be $ 16. 0--�! per month per lot. Section 4. Basis of Annual Assessment. The Board of Directors shall have the authority to set the Annual Assessment charges for each lot. Said Annual Assessment may be increased after the first year and each successive year thereafter by a rate that is consistent with the rise, if any, of the Consumer Price Index, published by the United States Department of Labor for the Washington, D.C. standard metropolitan area. In the event the increase in the Annual Assessment exceeds ten percent (10%) from the year preceding, then there will be required a vote by at least fifty percent (50%) of the votes of the Lot Owners who are present and voting at a meeting, which has been set forth for the purpose of increasing said Assessment. Notwithstanding what is stated above, any increase of ten percent (10%) or less shall require an affirmative vote of the Board of Directors to increase the Annual Assessment. There shall be no requirement that the Annual Assessment shall increase each year and the granting of the authority to the Board of Directors to increase the Annual Assessment shall in no way be deemed to be a mandatory obligation to increase said Assessment. Said meeting will be effective only if notice of the same was sent to the members (lot owners) not less than thirty (30) days and not more than sixty (60) days in advance of said meeting. 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, 8 I I reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, pro rata according to each Section's benefit. The amount of the Special Assessment shall be the same for each Lot in any Section, but need not be uniform with the Special Assessment imposed on Lots in other Sections. Section 6. Working Capital Assessment. The Board shall determine and fix an amount, which shall be the Working Capital Assessment. The initial Working Capital Assessment shall be $�Qg '� per Lot. Payment of the initial Working Capital Assessment shall be due at settlement. Section 7. Rate of Assessment. The Annual Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant. The Special Assessment shall be fixed at a uniform rate for all Lots in a particular Section, except for unoccupied lots owned by the Declarant. The Declarant's and Builders' Lots shall be exempt from all Assessments. Section 8. Notice of Assessment and Certificate. Written notice of the Annual Assessment shall be sent to every Member. The due dates for payment of the Annual Assessment 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 9. 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 at the rate of the prime interest rate, as stated in the Wall Street Journal, plus ten percent (10%) per annum from the date of delinquency, through the date of collection. 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 non-payment 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 0 v co -.J (d) accelerate the due date of the unpaid Assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 10. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any properly recorded trust or mortgage recorded prior to the perfection of the assessment lien. 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 payments which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for any Assessments which thereafter become due or from the lien thereof. Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the Assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said Assessments except as stated in Section 7 above. Section 12. Notwithstanding anything to the contrary, the Declarant and Builders shall not be obligated to pay any 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 or the Commonwealth of Virginia. 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 non -recurring 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. 10 CO ARTICLE VI co Ca RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential and accessory purposes except as provided in Section 20 hereof. The Declarant reserves the right, for itself, pursuant to a recorded subdivision or re -subdivision 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, garages and other approved appurtenant structures 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 specification, 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. "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. Maintenance. The Association, by its Board of Directors, shall have the right to establish Rules and Regulations governing the maintenance of the Lots and Dwelling Units. Each Owner shall maintain its Lot and Dwelling Unit in a manner satisfactory to the Association and in accordance with the Declaration, Bylaws and rules and regulations of the Association and local law. In the event that a Lot or Unit is not so maintained, the Association shall have the right to enter upon the Lot or Unit to maintain the same, after giving the Owner at least twenty-one (21) days written notice to cure any maintenance problems or deficiencies. In the event that the Association exercises its right of entry for maintenance purposes, the Association shall have the right to assess the particular Owner for the cost of such maintenance, including costs of collection, court costs and attorneys' fees. Section 6. 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. 11 I Section 7. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which 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 8. 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 four (4) square feet in total surface area and may not be illuminated. All Permitted Signs advertising a Lot for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. Section 9. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are 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 10. Trash shall be collected and stored in trash receptacles only and not 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 11. 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 12. 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 13. 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 12 r7 I of a structure shall not be permitted to remain in damaged condition for longer than three (3) months. Section 14. No fence or enclosure shall be allowed 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 15. Unless housed inside the garage of the house, no inoperable, junk, unregistered, unlicensed or uninspected vehicles shall be kept on the Property. No portion of the Property shall be used for the repair of vehicles. Section 16. No commercial or industrial vehicles, such as, but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Board. Section 17. 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 18. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of these covenants contained within this Article, upon twenty-four (24) hours' notice and at the vehicle owner's sole expense. 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 irmst bt subject to the rules and regulations set form ir. this Declaration and in the other Association documents. Any failure by any tenant to comply with tip terms of such documents shall be a default under the rental agreement. Section .20. The provisions of these Articles shall not apply to the development or construction of improvements on the ;':Onerty by the Declarant or ;ts ri:.,;p,—c± ve assigns, or Dan Ryan Builders Mid -Atlantic, Inc. The Declarant, or its respective assigns, or Dan Ryan Builders Mid -Atlantic, Inc., 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. Section 22. No garage may be converted into living space. 13 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 or Dan Ryan Builders Mid -Atlantic, Inc. owns any Lot within the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When the Declarant and Dan Ryan Builders Mid -Atlantic, Inc. no longer own any Lots within the Property, the New Construction Committee shall be terminated. The Declarant may assign its rights under this article to a Declarant or non -Declarant by a written assignment. Section 2. Method of Selection. The Declarant shall appoint the members of the New Construction Committee. The Board of Directors shall appoint the members of 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 unless the member is a Class A member. 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 with or without cause. Members of the New Construction Committee may be removed by the Declarant 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 n:Peting of the Modification and Change Committee of the Architectural Review Board following -ach Annual Meeting of Members, the Modification and Change Committee shall elect from amoti- themselves a chairman, a vice- chairman and a secretary ;who shall perform the usual duties of theii *espective offices. Section 5. Duties. The Committees of the Architectural Review Board shall regulate the external design and appearance of the Property and the external dPssigii, 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 imprm-ements on the property. The Modification and Change Committee shall regulate ah modifications and changes to existing Lots and improvements on the Property. in furtherance thereof, the Architectural Review Board shall: (?) review and approve or disapprove written applications of Owners for alterations or additions to Lots; Directors; (b) periodically inspect the Property for compliance with the Board of • 14 Board of Directors; I (c) adopt architectural standards subject to the confirmation of the (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. 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, the application shall be deemed approved, unless the Architectural Review Board has notified the applicant that it requires additional time to evaluate the application.. 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 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 to, and the Association reserves for, the Association, a blanket easement for the Association's directors, officers, agents and employees, and for all police, fire, ambulance personnel and all similar persons, to enter upon the Property in the exercise of the enforcement of the covenants contained herein and functions provided for by this Declaration, Articles of Incorporation, Bylaws and rules of the Association, and in the performance of government functions. Section 2. 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 when not an emergency situation or a government function. Section 3. Each Lot within the Property is declared to have an easement, not exceeding one (1) foot in width, over all adjoining Lots and Common Areas for the purpose of 15 C:) tt? W accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of a building, roof overhangs, gutters, architectural or other appendages, draining of rainwater from roofs, or any other similar matter. There shall be valid easements for the maintenance of said encroachments so long as such encroachments shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of said Owner. In the event a structure on any Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and that there shall be valid easements for the maintenance of said encroachments as long as such encroachments shall exist. Section 4. The Declarant and Builders, and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction and development of the Property. Section 5. There is reserved to the Declarant a fifteen (15) foot easement across the fronts and sides of all lots for the installation of utilities and a right to Declarant 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 ten (10) years from the date of submission of such Lot or Common Area to this Declaration. Section 6. There is reserved to the Declarant a non-exclusive easement over all Lots and the Common Area for the purpose of correcting drainage, sidewalk installation, regrading, maintenance, landscaping, mowing, and erecting street intersection signs, directional signs, temporary promotional signs, entrance features, 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 ten (10) years from the date of submission of such Lot or Common area to this Declaration. Section 7. 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 the Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets for state maintenance with respect to the Property. 16 O t.0 ARTICLE IX POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. The Board of Directors, on behalf of the Association, shall have the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants, rules, or restrictions which are imposed by, or adopted pursuant to, 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, rules, or restrictions 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 assessments for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and re -sow the grass and care for, spray, trim, protect, plant and replant trees and shrubs growing on the Common Area, pedestrian accesses and buffers, 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; 17 (g) to create, grant and convey easements upon, across, over and under all Common Areas, 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 with compensation from time to time such agents, employees and contractors as the Association may deem necessary in order to exercise the powers, rights and privileges granted to it, and to make contracts; (k) to enter on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance 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, and to assess the Owner of the Lot the cost 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 re -subdivide and/or adjust the boundary lines of the Common Area but only to the extent such re -subdivision 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 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 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; and (o) the management of the Association shall be at the discretion of the Board of Directors. The Board of Directors shall have the option to manage the Association itself or to employ a management company, provided the compensation of the management company be satisfied by the Assessment Income. Section 2. Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties: 18 (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; (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 Property, but only to the extent such re -subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' assessments 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. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the Common Area, including but not limited to, streetlights (including the payment of utility costs therefor), recreational facilities, entranceways 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) streetlights that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County requires the Association to maintain (including the payment of utility costs therefor); (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. 19 TV , 11 rr_ O 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; (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. 20 I 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 Previsions"; (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 re -subdivision and/or adjustment of boundary lines of the Common Area and the granting of easements by the Association shall not be deemed a transfer or subdivision within the meaning of this clause. (ii) change the method of determining the obligations, assessments, dues, or other charges that may be levied against an Owner. (iii) by act or omission waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Common Area, common fences and driveways, and the upkeep of lawns and plantings in the prop. (iv) fail to maintain fire and extended coverage insurance on insurable parts of the Common Area or other Association property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement costs, not including land value. (v) use hazard insurance proceeds for losses to the Common Area or other Association property for other than the repair, replacement or reconstruction of such property. (b) A Mortgagee shall be given written notification from the Association of any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the 21 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; (iv) any proposed action that would require the consent of a specified percentage of Mortgagees. (b) Provided that improvements have been constructed in the Common Area and provided that a Mortgagee gives written notice to the Association that it has relied on the value of the improvements in making a loan on a portion or all of the prop, then subject to the right of the Declarant to annex additional areas as provided in the Article entitled "General Provisions" herein, unless at least sixty-seven percent (67%) of the Members and Mortgagees representing at least fifty-one percent (51%) of those Lots that are subject to mortgages or deeds of trust have given their prior written approval, the Association shall not add or amend any material provision of this Declaration or related Association documents concerning the following: (i) voting rights of any Member; PX (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; (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 he 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. 23 tV C7 (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) nooks and Records. A Mortgagee shall have the right to examine and copy at its expense the books and records of the Association during normal business hours and upon reasonable notice to the Association. (d) Notice. As set forth in this Article, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the By -Laws or the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision of the Association to terminate such professional management and assume self -management. (e) Excess Proceeds. Should there be excess insurance or condemnation proceeds after the renovation, repair or reconstruction called for herein, such excess proceeds may be distributed equally to the Owners, apportioned equally by Lot; subject, however, to the priority of a Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Virginia law. (f) Audited Financial Statement. The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (g) Termination. Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the Association for reasons other than substantial destruction or condemnation of the prop. (h) Damage to Common Area. The Association shall cause the immediate repair, reconstruction or renovation of any damage tQ the Common Area unless a decision not to repair, reconstruct or renovate is approved by a majority of the Mortgagees.. hkTICLL X,1 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 24 C7 N 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 event of conflict between the Articles of Incorporation and the Declaration, the Articles of Incorporation shall control. In the event of conflict between this Declaration and the By Laws, this Declaration shall control. Section 3. Duration; Amendment. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods often (10) years each, unless amended in whole or in part with the assent of at least three -fourths (3/4) of the Members. Any amendment must be properly executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Notwithstanding what is stated above, Declarant reserves unto itself, and each Owner by acceptance of a deed or other instrument of conveyance to any Lot agrees, that Declarant shall have the right to unilaterally amend this Declaration or any corporate document related to the Association for the earlier of (i) ten (10) years frGm the date of the recordation of this Declaration; or (ii) until Declarant has conveyed all Lots in the Subdivision to third parties other than third party entities controlled by the Declarant, or any person or persons who hold a controlling interest in the Declarant. Notwithstanding the above, the right of the Declarant to amend the Declaration shall terminate once there are no longer any Class B ni:mbers. Section 4. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration for any reason prior to the conveyance of the first Lot to an Owner other than 'die Declarant, and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or by the Court as a condition of the approval of this Declaration, by the execution and recordation of such amendment following notice to all Members. Section 5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself 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 25 waived or altered; such written consent to be duly acknowledged and recorded among the land records of Frederick County, Virginia. Section 6. 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))-106. Section 7. 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. (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public street purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed. Section 8. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts 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 upon sixty (60) days' written notice for cause, or upon ninety (90) days notice, without cause, to the other party and without payment of a termination fee. Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least three -fourths (3/4) of each class of Members. 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 and accepted by such 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 the then -governing zoning ordinances or the designation of the Common Area as "open space". 26 O <. N C) .r" Section 10. FHANA Approval. If any of the Lots are security for a loan guaranteed or insured by VA or FHA, and if there is a Class B Member, the following actions will require the prior approval of the FHA or the VA: (a) mergers, consolidations and dissolution of the Association; (b) mortgaging or conveyance of the Common Area; and (c) amendment of this Declaration. WITNESSETH, the following signature and seal: DAVE HOLLIDAY CONSTRUCTION, INC. A Virginia comoration LIM Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF FREDERICK, TO WIT: (SEAL) The foregoing instrument was acknowledged before me this'VI'- day of April, 2015, by David B. Holliday, as president of DAVE HOLLIDAY CONSTRUCTION, INC. My Commission expires: I i j I -1 My Registration number is: -�i 3 4 4- c } PA 4t� : [SEAL] 0 0 �+ ��, a ne.• iA TC Notary Public PAMALA DEETER NOTARY PUBLIC REGISTRATION # 364474 7 [Nm MMONWEALTH OF VIRGINIA Y COMMISSION EXPIRES DECEMBER 31, 2017 VIRUIMA: FR ZERICK COUNTY-SC-1 This instalment of writing was produced to me on at q and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. 27 aea, 10, , Clerk 6813596.1 OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 04/14/15 TIME: 15:57:21 ACCOUNT: 54 RECEIPT: 15000006726 CASHIER: KKB REG: WE17 TYPE: DOD-P P FULL PAYMENT INSTRUMENT 150003254 BOOK: A RECORDED: 04/14/15 AT 15:57 GRANTOR: DAVE HOLIDAY CONSTRUCTION INC EX: N LOC: CO GRANTEE: FREDERICK COUNTY VA EX: N PCT: 100% AND ADDRESS : , RECEIVED OF : HOLIDAY, DAVE CASH: $36.00 DESCRIPTION 1: ST DIST PAGES: 13 OP: 0 2: RED BUD RUN, SEC 3, PH 1 NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: 55-A-106 PIN: 301 DEEDS 28.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 035 VOF FEE 1.00 TENDERED AMOUNT PAID: CHANGE AMT : CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 36.00 36.00 .00 1500035 C Ilk THIS DEED OF DEDICATION made and dated as of the -day of Apriloe!Zf , by and between DAVE HOLLIDAY CONSTRUCTION, INC. a Virginia corporation, 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 Michael M. Artz, L.S., dated February 14, 2015, known as Red Bud Run Subdivision, Section 3, Phase 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. This is a portion of the same real estate conveyed to Dave Holliday Construction, Inc. by Deed dated the 5 h day of June, 2014 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 140004807. 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, and water line easements over and across said lots, all of which shall constitute a portion of that development known as Red Bud Run Subdivision, Section 3, and which common open space areas shall be owned and maintained by the Red Bud Run Section 3 Property Owners' 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 3, Phase 1. 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 O NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: rn 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 3, Phase 1, lots 230 through 238 inclusive, and lots 287 through 293, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Michael M. Artz, L.S., dated February 14, 2015, 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 3, 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 3, Phase 1, 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 3, Phase 1. All of the lots shown on the plats attached hereto shall be subject to the Declaration of Covenants, Conditions and Restrictions attached to this deed. ARTICLE I GENERAL PROVISIONS SECTION I. Dedication of Street: The Declarant does hereby dedicate unto the County of Frederick, Virginia, as public streets those certain roadways, containing 1.2800 acre in Section 3, Phase 1, designated as Megan Lane, all of which is shown on the attached plats of Red Bud Run Subdivision, Section 3, Phase 1. 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. Page 2 of 4 Co m 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. ARTICLE II ADDITIONAL SECTIONS SECTION 1. Additional section (sections) of Red Bud Run Subdivision, Section 3 will be added in the future and those sections, as they are added, will become part of the Red Bud Run Subdivision, Section 3, created hereby and 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 other provisions so long as the same scheme as established in Red Bud Run Subdivision, Section 3 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 restrictions of the Declaration (amended as herein permitted) to such property. SECTION 3. Such Supplemental Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in the Declaration as may be necessary to reflect the different character, if any, of the added property and as are not inconsistent with the scheme of the Declaration. Except as hereinafter permitted, such supplementary Declaration shall not revoke, modify or add to the covenants established by the 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 Section 3 as created hereby. WITNESS the following signature and seal: DECLARANT: DAVE HOLLIDAY CONSTACTION, INC. id -If- ffolliday, President Page 3 of 4 r C:) On 0:) COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: � p The foregoing instrument was acknowledged before me this / day of April, 2015, by David B. Holliday, President of Dave Holliday Construction, Inc. My Commission Expires: q I—) Registration No.:rJ —14 Notary Public t ► t { PAMALA DEETER NOTARY PUBLIC *4 REGISTRATION # 354474 `t�Y Cp'- q COMMONWEALTH OF VtRGINIA ?..S. MY COMMISSION EXPIRES r `'k�� DECEMBER 31, 2017 s� I� lI \ Y t Page 4 of 4 6813239.1 Final Subdivision Plat Red Bud Run, Section 3, Phase 1 Dave Holliday Construction, Inc. TM #55-A-106 Inst.# 140004807 February 14, 2015 Stonewall District, Frederick County, Virginia Vicinity Map 1 "=1000, D Mackenzie Lane 0 0 D�a• � Site 0o a of Berryville Avenue SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided and dedicated is in the name of Dave Holliday Construction, Inc. and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owner hereby certifies that the land herein subdivided and dedicated is the property conveyed to Dave Holliday Construction, Inc. by deed dated June 5, 2014 and recorded in Instrument #140004807. Said deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. This Subdivision and Road Dedication as it appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Dave Holliday Con cti , InV NOTA CERTIFICATE: ��•°�' FZ! STATE OF VIRGINIA; CITY/COUNTY OF Flr�til ! �i , to -wit c,�q'':�t1''••,•, The foregoing owners consent and dedication was acknowledged before me by David B. Holliday, ?�+: thi2' " sday of G✓1 , 2015Nan, �x rcCl', vJ My commission expires 10,61 ' r LXQUry lic CERTIFICATE OF APPROVAL This Subdivision and Road Dedication is approved by the ndersigned in accordance with existing subdivision regulations and may be admitted to record. Ake -- date Subdivision Administrator date rederick County Sanitation A thority 3-a7.10115 f date Virginih Department of Transportation Sheet 1 M ckenzie at ane 0 N .0 Index Map 1 " = 200' O See Sheet 4 ' for Overall Map and Road 1 Dedication c 1 i z 0 v 230 231 232 233 234 N Sheets 5 & 7 Sheets 6 & 8 �^+ 0 235 236 n 237 293 292 291 290 289 e9ah 4ane 238 Sheets 5 & 7 288 Sheets 6 & 8 287 / See Sheet 4 for Overall Mop and Road Dedication State Route 7 Virginia Berryville Pike Notes: 1. Boundary shown hereon was token from deeds and plots of record. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. 4. All lot corners and change in direction of street R/W lines shall be monumented in accordance with local ordinance requirements. 5. The property shown hereon is subject to Rezoning #05-02 as approved by Frederick County. 6. All Lots are Single Family Detached Cluster. 7. The 13' wide FCSA Waterline Easement along the northern side of Megan Lane shall provide for and permit horizontal crossings for any other site utilities. Minimum Setback Regluirements Front = 25' Rear = 20' Side = 8' Minimum Lot Width at Setback = 60' Minimum Width at Right—of—Woy = 30' Minimum Lot Area = 8,000 SF Smallest Lot Size = 8,246 SF INDEX MAP & NOTES, FINAL PLAT RED BUD RUN SECTION 3, PHASE 1 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 14, 2015 Sheet 2 of 8 1 1 P�? H OF i O` e MICHAEL M. ARTZ v Lic. No, 1 13—B "a.ZNO SURv'CyO PREPARED BY: PENNONI ASSOCIATES INC. �117 East Piccadilly Street Pennon Winchester, VA 22601 T 540.667.2139 F 540.665.0493 ro CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT Cl 2844.79' 552.34' 551.48' N 1Y55'04" E 11*07'28" 277.04' C2 2460.00' 342.97' 342.69' S 13'31'33" W 7*59'17" 171.76' C3 41.00' 63.95' 57.66' S 35'09' 12" E 89'22' 13" 40.55' C4 477.00' 442.25' 426.58' S 53'16'38" E 53'07'20" 238.46' C5 36.00' 60.88' 53.88' S 75'09'48" E 96'53'38" 40.61' C6 323.00' 143.99' 142.80' S 69'09'38" W 2532'31" 73.21' C7 36.00' 69.47' 59.18, N 26'38'45" E 110'34'18" 51.96' C8 423.00' 378.34' 365.85' N 54' 12'54" W 51' 14'48" 202.88' C9 41.00' 65.60' 58.82' S 54'19'31" W 91'40'21" 4211' C10 5040.00' 272.74' 272.70' S 10'02'22" W 3'06'02" 136.40' C11 477.00' 55.51' 55.48' N 76*30'16" W 6'40'04" 27.79' C12 477.00' 63.66' 63.62' N 69'20'50" W T38'49" 31.88' C13 477.00' 63.66' 63.62' N 61'42'00" W T38'49" 31.88' C14 477.00' 63.66" 63.62' N 54*03'11" W T38'49" 31.88' C15 477.00' 63.66' 63.62' N 4624'22" W 7'38'49" 31.88' C16 477.00' 73.78' 73.71' N 38'09'05" W 8'51'45" 36.96' C17 477.00' 58.31' 58.27' N 30'13'05" W TOO'14" 29.19' C18 36.00' 60.88' 53.88' N 75'09'48" W 96'53'38" 40.61' C19 36.00' 69.47' 59.18' S 26'38'45" W 11934'18" 51.96' C20 423.00' 74.79' 74.70' S 33'39'26" E 11707'52" 37.49' C21 423.00' 77.47' 77.36' S 43'58' 11 " E 10*29'38" 38.84' C22 423.00' 74.71' 74.61' S 54' 16'35" E 10'07' 11 " 37.45' C23 423.00' 71.29' 71.21' S 64'09'53" E 9'39'24" 35.73' C24 423.00' 71.21' 71.12' S 73'48'56" E 9'38'43" 35.69' C25 323.00' 30,19' 30.18' S 53'42'42" W 5'21'22" 15.11' C26 355.00' 46.94' 46.90' N 53*57'13" W T34'31" 23.50' C27 355.00' 41.78' 41,76' N 61'06'46" W 6'44'36" 20,91' C28 308.88' 100.74' 100.30' N 8Y55'02" W 18'41'13" 50.82' C29 40.00' 19.69' 19.50' S 75'22'55" W 28' 12'35" 10.05' C30 480.00' 5.03' 5.03' N 79'32' 17" W 0'36'02" 2.52' C31 2440.00' 144.79' 144.77' N 15'49' 11 " E 3'24'00" 72,42' C32 423.00' 8.86' 8.86' N 79' 14' 18" W 1' 12'01 " 4.43' C33 355.00' 5.88' 5.88' N 49'41'28" W 0'56'59" 2.94' C34 323.00' 14.77' 14.77' N 83'14'30" E 2'37'12" 7.39' LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N 36'27'23" W 54.36' L25 N 05*26*54" W 46.61' L2 N 05'29'21 " E 167.57' L26 N 38'57'27" W 54.88' L3 N 05'29'21" E 157.31' L27 S 71'32'07" E 65.86' L4 N 85'20'05" W 5.44' L28 S 71'56'36" E 67.72' L5 N 08'21'20" E 248.18' L29 S 70'37'33" E 6.60' L6 S 75' 12'01 " E 21.58' L30 S 73'45'41 " E 117.05' L7 S 75' 12'01 " E 93.74' L31 S 67'32'06" E 30.17' L8 N 87'20'12" E 180.26' L32 S 67'32'06" E 114.07' L9 S 59'18'26" E 443.19' L33 S 58*21'28" E 126.23' L10 N 64'17'33" E 113.00' L34 N 16'49'45" E 87.63' L11 S 74'29'46" E 290.47' L35 N 27'14'32" E 74.89' L12 S 08'02'32" W 1017.57' L36 N 89'55'05" W 52.42' L13 S 89'41'31" W 15.57' L37 S 61'16'37" W 27.85' L14 N 85'42' 18" W 424.03' L38 S 6116'37" W 36.76' L15 N 72'45'49" W 274.86' L39 S 80'19'04" E 247.78' L16 N 86'37'47" W 373.82' L40 S 64*01'19" E 93.63' L 17 S 17'31 ' 1 1 " W 137.06' L41 S 53' 17'03" E 3.67' L18 S 79'50' 18" E 167.68' L42 S 53' 17'03" E 114.07' L19 N 79*50'18" W 164.11' L43 S 28'25'28" E 116.42' L20 S 08'29'21" W 65.41' L44 S 07'01'48" E 21.57' L21 S 84*31'51" E 27.62' L45 N 10*45'44" E 3.00' L22 S 21'39'58" E 61.50' L46 N 79'50' 18" W 164.53' L23 S 20'09'35" E 41.18' L47 N 03'23'05" W 68.22' L24 S 35'46'02" W 20.56' L48 N 09' 18' 10" E 166, 72' COURSE SHEET L49 N 17'31'11" E 138.01' L50 S 10'09'42" W 5.00' RED BUD RUN L51 N 79'S0', 8" w 24.62' PREPARED BY: SECTION 3, PHASE 1 PENNONI ASSOCIATES INC. STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA pennom Wi East Piccadilly Street Wnchester, VA 22601 FEBRUARY 14, 2015 T 540.667.2139 Sheet 3 of 8 F 540.665.0493 Q f � Legend • = Rebor Set unless otherwise noted IRF = Rebor Found CMF = Concrete Monument Found o or • = Point va TM #55— A-106A Commonwealth of Virginia, Board of Game and Inland Fisheries Inst. #040026714 U .—.—L17 Variable Width Drainage Easement I� (see also Sheet 7) �20.0' w 1.2799 Ac. Road r---- Dedication -, r =• C p so. Cr Al O. \.4 (D N � c(D � 0) �0 0 0. 2311232 1233 / 234 7L19 , 293 292 291 0 L9 / 235 236 C4 237 C8 238 Temporary 289 Turn —Around 288 CS Easement L11 to s'• O 0 0 O 287 v G� �J Future Phases and Open Space j 23.0126 Ac. remaining CMF CMF AREA TABULATION EXISTING: TM #-55-A-106 PROPOSED: Phase 1 lots Rood Dedication Future phases & open space \_,4 L15 �16 CMF CMF State Route 7 Virginia Berry ►Ilea lye variable W1 28.1960 AC. 3.9031 AC. 1.2800 AC. 23.0129 AC. OVERALL MAP & ROAD DEDICATION, FINAL PLAT RED BUD RUN SECTION 3, PHASE 1 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 14, 2015 SCALE: 1" = 200' Sheet 4 of 8 d c 0 N I Y N aad-0a I U7 It Ln — x to Boa"' o 0 3 r_ N 0 (D co NN a-'o u7N co O o N :3 c CMF TM #55—A-142A Cynthia L. Rapp Inst. #030011575 PREPARED BY: PENNONI ASSOCIATES INC. Winchester, East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 Legend • = Rebor Set unless otherwise noted IRF = Rebor Found CMF = Concrete Monument Found O or • = Point �JJ �f 11 Lot 234 N� 2�8_35" E 154.39' Lot 233 11,807 SF `N U N 16'49'45" E 162.54' W Lot 232 12,205 SF 00 N N 10-09'42 E 170.32 �� Cq Lot 231 M 11,653 SF 1� N 10709'42" E 1=3 Ln Lot 230 CO 11,248 SF , L, c.n r" 1 N 11'S4'37" E o NPO a3, Not\h loge NIA01 Lot 289 �,394 44, r7 N Lot 290 8,514 SF 21'00'08" W 147.02' C.� w Future N I Lot 291 z � 8,906 SIF S 11-21_16_' W 1�6 82 Cr 00 CID O J N z �--a. L; o --j (D rn 'o CPo a, rn rn W 00 N � Lot 292 10,556 SF S 10' 09'42 W 163.7 . 09 Lot 293 11,413 SF -_ E 71 6.98' N 10.09 42 Future Phases Future Phases - - ds Mill Road W V a Rte Vvia h� variable CD DETAIL SHEET RED BUD RUN SECTION 3, PHASE 1 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 14, 2015 SCALE: 1" = 60' Sheet 5 of 8 Phases PREPARED BY: PENNONI ASSOCIATES INC. Pennom Winchester, East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 CO Legend • = Rebor Set unless otherwise noted IRF = Rebor Found CMF = Concrete Monument Found O or • = Point loge �a�o NAB 83 Noc\h S 5,0�0 6�40, h� CAS .ham Future Lot 238 Phases � 4+1 11,545 SF co 0�,, e Lot 237 10,886 SF � �24 S Future Phases C19 Al 03 � ^� Lot 236 6gs' cp CO 10,852 SF Qj Lot 287 IV 39, , 11,445 SF 46 �� 'h V ,164 ,9 F 9 Lot 235 �S� Lot 288 � N 11,142 SF S 4j'p 40 8,246 SF a 32'07 24 " Q 2" w E 152.57' 12 1. 62 N Lot 289 Lot 234 8,293 SF Future 11,307 SF U S 30'39'41" W Ln 13g 44CP Phases N 24'28'35" E 154.39' Lot 290 W Lot 233 DETAIL SHEET RED BUD RUN SECTION 3, PHASE 1 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 14, 2015 SCALE: 1" = 60' Sheet 6 of 8 PREPARED BY: PENNONI ASSOCIATES INC. Pennom wi East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 Legend • = Rebar Set unless otherwise noted IRF = Rebar Found CMF = Concrete Monument Found O or • = Point ff7' ot 234 — .— j 6RLot 233;r,3.7�Wide Drainage I�Eosementt�I a LJ4 ore NP'D a3. No vic9�.�o Lot 289 13.0' 22.74' I 10.0' 10' Wide Drainage — Easement\ 23.0' A=12.00' 8' BRL G, I I�— A=5( Io / 24' Wide Sanitary CCCiii Sewer Easement NII I L4, �m Lot 232 B BRL J o J g BRL ^I I I �I IN Im Lot 231 �I I B' BRL �-' g BR N rn Lot 230 0 <jl m r I B' BRL — J L—�I� Future 40Variable Width .54' I Phases Drainage Easement �q�1 CL48:(see also Sheet 4)/ -- --'' (21.28') I �—A=25.31' — — S Aill Road W V a Rte: (0 0 my Variable N idth N, (D DETAIL SHEET RED BUD RUN 51' 11.21' 10' Wide Utilities Easement IN Lot 290 ��^,� 15.98' BRA, m 8 BR —""I 20' Wide Drainage 1 Lot 291EasementimN J I L I N, _ 8' BRL _co 1 --� g' BRL \ 10.0' Future Ir Lot 292 - Phases I� — $ BRL - LA — 8 BR_ Lot 293 �� \ 13' Wide tOI " \ •� FCSA a' Waterline I� 8' GRL Easement 5.99' 3.0' w Variable Width Sanitary ", 10 I Sewer Easement 1-50 Variable Width Drainage Easement r I A=19.83' (D SECTION 3, PHASE 1 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 14, 2015 SCALE: 1" = 60' Sheet 7 of 8 PREPARED BY: PENNONI ASSOCIATES INC. fennonio 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 7 .r'• Legend • = Rebar Set unless otherwise noted IRF = Rebar Found CMF = Concrete Monument Found O or • = Point oc�� 1a�e Future Phases 13' FCSA Wide Future Waterline Phases 13.0' Easement Q S �\ do C \ Lot 238 Lot 237 Lot 236 10' Wide Utilities Easement 20' Wide Drainage / �8 Easement \ `� I t I Lot 235 m 5 Wide Drainage CI' Easement 5.0' � SRC I _jGo I tO8 BRA Lot 234 " of ,� 1 I L Temporary \ Turn —Around \ Easement • / v°" Variable Width Sanitary Sewer Easement M T. V1/1'6 \—A=20.00' --A=15.20' A=35.00' 10.0' 8'� BRL� jl t 3.0' 10' Wide Drainage I I I Lot 233 !i Easement DETAIL SHEET RED BUD RUN SECTION 3, PHASE 1 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 14, 2015 SCALE: 1" = 60' Sheet 8of8 Lot 287 \ Xh L Lot 288 6.44' m 8 gR\ Lot 289 o R 22.74' Q, -4�8RL Future Lot 290 Phases 10.0' 15.98' 1 C33 20' Wide Drainage Easement PREPARED BY: PENNONI ASSOCIATES INC. Pennon Winchester, East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 Y1WR4M* ERICK COUNTY.SCL Tic hahment /of wibng was produced to meon at and with certi fi=te acknowledgement thereto lannexed was admitted to word. Tax imposed by Sec. 58.1-802 of $, and 58.1-801 have been paid, if assessable. 44W4 , Clerk • This is the recorded 0 plats for Red Bud Run Section 3 Phase 1. (16) lots E I UgPQOpB G t H � .�� COMMONWEALTH OF VIRGINIA o STATE CORPORATION COMMISSION N v 2 n Office of the Clerk April 10, 2015 THOMAS M DICKINSON JR 420 W JUBAL EARLY DR STE 103 WINCHESTER, VA 22601 RE: Red Bud Run Section 3 Property Owners' Association, Inc. ID: 0790205 - 9 DCN: 15-04-09-1201 Dear Customer: This is your receipt for $75.00, to cover the fees for filing articles of incorporation with this office. This is also your receipt for $100.00 to cover the fee(s) for expedited service(s). The effective date of the certificate of incorporation is April 10, 2015. If you have any questions, please call (804) 371-9733 or toll -free in Virginia, 1-866-722-2551. CORPRCPT NEWCD CIS0343 Sincerely, Joel H. Peck Clerk of the Commission P.O. Box 1197, Richmond, VA 23218-1197 Tyler Building, First Floor, 1300 East Main Street, Richmond, VA 23219-3630 Clerk's Office (804) 371-9733 or (866) 722-2551 (toll -free in Virginia) www.scc.virginia.gov/clk Telecommunications Device for the Deaf-TDD/Voice: (804) 371-9206 � � 4 STATE CORPORATION COMMISSION Richmond, Aprill0, 2015 This is to certify that the ceitificate of incorporation of Red Bud Run Section 3 Property Owners' Association, Inc. was this day issued and admitted to record in this office and that the said corporation is authorized to transact its business subject to all Virginia Caws applica6le to the corporation and its business. Effective date: Aprill0, 2015 State Corporation Commi5sion lu 'l , G� 03 y" CIS0343 April 15, 2015 Mr. Dave Holliday Dave Holliday Construction Company 420 West Jubal Early Drive, Suite 103 Winchester, VA 22601 RE: Final Plats - Red Bud Run - Section 3 Phase 1, PIN #55-A-106 Dear Dave: This letter is to confirm that the Final Plats for Red Bud Run - Section 3 Phase 1, have been approved. This phase calls for sixteen (16) 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, Mark R. Cheran Zoning and Subdivision Administrator cc: vCharles S. DeHayer., Stonewall District Supervisor teary Oates and Sian Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is the recorded Plats for Red Bud Run Section 3 Phase 3 (18) lots This is the recorded Plats for Red Bud Run Section 3 Phase 3 (18) lots 16001.28911. C N) k-0 Prepared By: Christopher D. Petersen, Esquire Bowles Rice LLP 480 W. Jubal Early Dr., #130, Winchester, VA 22601 THIS DEED OF SUBDIVISION, DEDICATION AND EASEMENT made this J i 2,,Z, _ day of b�, 2016, by DAVE HOLLIDAY CONSTRUCTION, INC., a Virginia corporation ("Owner") and GRANTOR for indexing purposes, whose address is 420 West Jubal Drive, Suite 103, Winchester, Virginia 22601, the COMMONWEALTH OF VIRGINIA, and FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Sewer Authorities Act (Code of Virginia Section 15.1-1239 et seq.) ("the Authority"), and FREDERICK COUNTY, VIRGINIA, GRANTEES. WITNESSETH: WHEREAS, Dave Holliday Construction, Inc. is the owner of a tract of land containing 4.3396 acres, identified as a portion of Frederick County PIN 55-A-106, said tract having been acquired by the company by deed of record in the Circuit Court Clerk's Office of Frederick County, Virginia, as Instrument #140004807 (hereinafter "Property"), which Property is more particularly described and set forth on a Plat prepared by Michael M. Artz, Land Surveyor, entitled "FINAL PLAT, RED BUD RUN, SECTION 3, PHASE 3, STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA" dated April 20, 2016, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS, Dave Holliday Construction, Inc. desires to subdivide the Property as set forth on the attached and incorporated Plat and to convey to the Authority the sewer and water easements shown and set forth on the attached and incorporated Plat to facilitate the development of the Property; and to reserve to itself a 10' foot permanent easement across each Lot created hereby along any lot line that adjoins any road or street shown on the attached and incorporated Plat and also to reserve a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot and to dedicate streets for public use. NOW, THEREFORE, WITNESSETH, in consideration of the premises, Grantor does hereby subdivide and create the parcels as said parcels are set forth on the attached and incorporated IF G Plat, said parcels being Lots 239 through 241, inclusive and Lots 260 through 274, inclusive, and ` `} Open Space Parcel A. The Declarant does hereby dedicate unto the County of Frederick, as public streets for public use those certain roadways, containing 1.0678 acres in Section 3, Phase 3, as depicted on the Plat. This subdivision is made with the consent and approval of the appropriate authorities of the Authority, and Frederick County, Virginia, as evidenced by the signatures set forth on the attached and incorporated Plat. The platting and dedication of the aforementioned parcels is with the free consent and in accordance with the desire of the undersigned Grantor as evidenced by the signature set forth on the attached and incorporated Plat and also set forth below. AND FURTHER WITNESSETH, that for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby grant and convey unto the Authority, its successors and assigns, an easement and right of way (the "Easement") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion of the property of Owner bounded and described as "Variable Width Sanitary Sewer Easement"; "Variable Width Sanitary Sewer Easement (hatched)"; "13' Wide FCSA Waterline Easement"; and/or "20' Wide FCSA Waterline Easement" (collectively and individually, the "Easement Area") on the attached Plat, subject to the following conditions: 1. All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. 2. The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. 2 3. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. 4. Owner reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by Owner is approved by the Authority, but requires ,the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at Owner's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Owner for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. 5. At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any 3 appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. V - 6. Owner covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. In the event the Authority notifies Owner, or their successors or assigns, of a violation of the terms of this Easement and Owner does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by Owner, within thirty (30) days from the date Owner receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. 8. If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. 9. Owner agrees that the agreements and covenants stated in this Deed are not covenants personal to Owner but are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby create and establish the other and various easements as shown and set forth on the attached and incorporated Plat, including those for storm sewer, ingress and egress, and gas, 4 cT� N which easements shall run with the land and shall benefit and be binding upon the owner(s) of c`; I the Property, and their respective heirs, successors, and assigns. AND FURTHER WITNESSETH, in consideration of the premises, Grantor does hereby reserve a 10' foot permanent easement across each Lot created hereby along any property line that adjoins any road or street shown on the attached and incorporated Plat and a 10' permanent easement across each Lot created hereby along the rear lot line of each Lot. The lots created hereby are expressly made subject to all restrictions, conditions, rights -of -way, and easements, if any constituting the chain of title to the property conveyed hereby, including that certain Declaration of Covenants, Conditions, and Restrictions, Red Bud Run Subdivision, Section 3, dated April 9, 2015, and of record in said Clerk's Office as Instrument No. 150003255, as amended. WITNESS the following signature and seal: Da STATE OF VIRGINIA ) �"�''� ) to CITY/COUNTY OF Pubdu ,i d9,, ) I HEREBY CERTIFY, that on this ;,) day, of L , 2016, before me, a No Public of the said State personally appeared DA ID B. HOLLIDAY, who �'y P Y PPe acknowledged himself to be the President of Dave Holiday Construction, Inc., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and Notarial Seal. "`�z. T'i My Commission Expires: 10 .34 A tart' Public.. •'' � {, J My Registration Number is: ?v10 383 "',• Frederick ColSanitation Authority By. rVL Name:i Title: 5 STATE OF VIRGINIA to wit: CITY/COUNTY OF-fiM::h[rj C,k. ) I HEREBY CERTIFY, that on this day of Mtn:bt✓ 2016 before me, a Notary Public of the said State, personallyappeared �Y1C .Efts" nrr�t� who acknowledged her/himself to be a F� iTu 171fe J010tof Frederick County Sanitation Authority, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that she/he executed the same for the purposes therein contained. WITNESS my hand and Notarial Seal. My Commission Expires: Notary Public My Registration Number is: No TTASHEMA LAVONNE LONG NOTARY PUBLIC REGISTRATION M 7265287 COMMONWEALTH Of VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2011 8079240.1 0 Final Subdivision Plat Red Bud Run, Section 3, Phase 3 Dave Holliday Construction, Inc. TM #55-A-106 Inst.# 140004807 c~' April 20, 2016 Stonewall District, Frederick County, Virginia N Vicinity Map 1 "=1000, Mac D kenzie Lane 0 C � Site o pa �o Berryville Avenue - Va• Rte. 7 SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided and dedicated is in the name of Dave Holliday Construction, Inc. and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within Pe boundaries of the or'ginal tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owner hereby certifies that the land herein subdivided and dedicated is the property conveyed to Dave Holliday Construction, Inc. by deed dated June 5, 2014 and recorded in Instrument #140004807. Said deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. This Subdivision and Road Dedication as it appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Dave Holliday Construction, Inc NOTARY CERTIFI TE: e- � STATE OF VIRGINIA; CITY/COUNTY OF �; /(,� AAJ c 1�J , to -wit: The foregoing owners consent and dedication was acknowledged before me by David B. Holliday Y 4 + this day of , 2018 '. y; My commission expires dj/alv, Q)f CERTIFICATE OF APPROVAL This Subdivision and Road Dedication is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date I division Administrator C1'�7 0I date a(Ferick County Sanitation Authority 7'l2- 2n<b date Virginialbepartment of Transportation Sheet 1 Existing \ Section 3 Phase 1 Inst. #150003254 Megan Existing <an Section 3 �' Phase 1 \—� Existing Inst. Section 3 Phase 2 #160000556 263 1 264 262 >�`� 265 Sheets 6 & 8 --- 261 266 260 267 See Sheet 4 for Overall Map and Road Dedication lnia State Route 7 Virg Berryville P ie Index Map 1 " = 200' Notes: 1. Boundary shown hereon was taken from deeds and plats of record. 2. This plot is subject to easements and restrictions of record. 3. No title report furnished. 4. All lot corners and change in direction of street R/W lines shall be monumented in accordance with local ordinance requirements. 5. The property shown hereon is subject to Rezoning #05-02 as approved by Frederick County. 6. All Lots are Single Family Detached Cluster. 7. The 13' wide FCSA Waterline Easement shall provide for and permit horizontal crossings for any other site utilities. Minimum Setback Requirements Front = 25' Rear = 20' Side = 8' Minimum Lot Width at Setback = 60' Minimum Width at Right —of —Way = 30' Minimum Lot Area = 8,000 SF Smallest Lot Size = 8,518 SF INDEX MAP & NOTES, FINAL PLAT RED BUD RUN -o 0 0 s T H OF O / U MICHAEL M. ARTZ v Lic. No. 1513—B 4o�,� (qh0 SUR"A:y9 PREPARED BY: SECTION 3, PHASE 3 PENNONI ASSOCIATES INC. STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA pennoni 117 East Piccadilly Street Winchester, VA 22601 APRIL 20, 2016 T 540.667.2139 Sheet 2 of 8 F 540.665.0493 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT C 1 41.00' 63.95' 57.66' N 35'09' 12" W 89'22' 13" 40.55' C2 2460.00' 342.97' 342.69' N 13'31'33" E 7*59'17" 171.76' C3 5040.00' 272.74' 272.70' N 10*02'22" E 3'06'02" 136.40' C4 41.00' 65.60' 58.82' N 54' 19'31 " E 91'40'21 " 42.21' CS 1 377.00' 62.83' 62.76' N 3900" 3" E 9'32'57" 31.49' C6 377.00' 62.83' 62.76' N 39'33'11" E 9'32'57" 31.49' C7 377.00' 44.12' 44.10' N 47'40'50" E 6'42'22" 22.09' C8 323.00' 60.07' 59.98' N 45'42'00" E 10*39'21 " 30.12' C9 36.00' 64.87' 56.44' N 11' 14'52" W 103' 14'23" 45.45' C10 1027.00' 119.30' 119.23' S 59'32'23" E 6'39'21" 59.72' C11 973.00' 126.75' 126.66' S 59'26'35" E 7'27'50" 63.47' C12 36.00' 58.11' 52.00' N 70'35'00" E 92'28'58" 37.59' C13 35.00' 28.00' 27.26' N 01*25'14" E 45'50'34" 14.80' C14 54.00' 33.46' 32.93' N 03'45'02" W 35'30'01" 17.29' C 15 54.00' 43.86' 42.66' N 37' 16'02" E 46'32'06" 23.22' C16 54.00' 41.01' 40.03' N 82'17'32" E 43'30'54" 21.55' C17 54.00' 40.85' 39.88' S 54'16'47" E 43'20'28" 21.46' C18 54.00' 41.18' 40.19' S 10*45'51" E 43'41'24" 21.65' C19 54.00' 41.01' 40.03' S 32'50'20" W 43'30'58" 21.55' C20 54.00' 14.69' 14.65' S 62'23'26" W 15'35'15" 7.39' C21 35.00' 28.00' 27.26' S 47'15'48" W 45'50'32" 14.80' C22 377.00' 5.84' 5.84' N 24'47'08" E 0'53' 14" 2.92' C23 54.00' 256.06' 75.24' N 65'39'29" W 271'41'08" 52.43' C24 377.00' 175.63' 174.04' N 37*41'16" E 26'41'30" 89.44' LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S 74'29'46" E 290.47' L36 S 89'57'20" E 168.97' L71 N 14'36'58" E 3,34' L2 S 08'02'32" W 232.91' L37 N 79*07*40" E 310.40' L72 N 14'36'58" E 69.66' L3 S 75'12'01" E 93.74' L38 N 55'49'27" E 136.88' L73 S 65'39'29" E 29.25' L4 N 87'20'12" E 180.26' L39 N 55'49'27" E 44.38' L74 N 64*46'15" W 14.50' L5 S 59'18'26" E 443.19' L40 I N 4TO5'26" E 157.14' L75 S 40'01'31" W 101.01' L6 N 64' 17'33" E 1 13.00' L41 N 48'34' 18" E 81.59' L76 N 51'02'01 " E 160.36' L7 S 27' 15'25" E 36.01' L42 N 36'53'34" E 1 18.07' L77 N 24'20'31 " E 69.67' L8 S 34' 17'20" W 265.57' L43 N 26'49'28" E 194.28' L78 S 24'20'31 " W 1 16.03' L9 S 24'50'52" W 54.70' L44 N 38'57'59" W 157.24' L79 N 51'02'01" E 220.95' L10 S 33*47'17" W 52.81' L45 N 40'51'32" W 54.03' L11 S 42'41'00" W 142.23' L46 N 51'02'01" E 62.40' L12 N 21'39'58" W 61.50' L47 N 38'57'59" W 91.87' L13 N 43'04'48" W 79.48' L48 N 20'09'35" W 41.18' L14 N 53'18'42" W 92.06' L49 S 42'41'00" W 1.00' L 15 N 61' 13'51 " W 139.56' L50 S 85' 15'41 " E 10.93' L16 N 71'31'36" W 145.47' L51 S 38'57'59" E 19.69' L17 N 84'31'51" W 27.62' L52 N 51'57'54" E 252.18' L18 N 81'53' 13" W 62.56' L53 N 36' 16'49" E 107.02' L19 S 11*54'37" W 171.67' L54 N 25'52'50" E 206.47' L20 N 79'50' 18" W 24.34' L55 N 28' 13' 19" W 27.17' L21 N 17'31' 1 1" E 137.06' L56 N 07'40'39" W 38.39' L22 S 08'02'32" W 784.66' L57 N 55'07'30" W 104.94' L23 S 89'41 '31 " W 15.57' L58 N 33'47' 17" E 18.16' L24 N 85'42' 18" W 424.03' L59 N 07' 1 1' 1 1 " W 70.02' L25 I N 72'45'49" W 274.86' L60 N 72'29'39" E 66.51' L26 N 86'37'47" W 373.82' L61 N 22*51'19" E 55.95' L27 N 36'27'23" W 54.36' L62 N 57'48'35" W 5.86' L28 N 05'29'21 " E 167.57' L63 N 57'48'35" W 59.90' L29 N 08'29'21" E 65.41' L64 N 46'20'31" E 32.44' L30 S 79*50'18" E 38.45' L65 S 43'39'29" E 20.00' L31 S 10'09'42" W 176.98' L66 S 46'20'31 " W 17.08' L32 N 88'57'44" E 28.58' L67 N 36'53'34" E 84.08' L33 S 09'38'35" W 192.00' L68 N 25'09'56" E 3.49' L34 S 29'39'34" E 99.64' L69 N 25'09'56" E 17.12' L35 S 50'43'31 " E 108.83' 1 L70 I N 20'33'58" E 1 66.49' COURSE SHEET RED BUD RUN BY: PREPARED PENNONI ASSOCIATES INC. SECTION 3, PHASE 3 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA pennon Wi East Piccadilly Street Wnchester, VA 22601 APRIL 20, 2016 T 540.667.2139 Sheet 3 of 8 F 540.665.0493 Legend 0 = Rebar Set unless otherwise noted ■ = Rebar Found CMF = Concrete Monument Found O or • = Point TM #55-A-106A Commonwealth of Virginia, Board of Game and Inland Fisheries Inst. #040026714 d a � N 4 I Y N L3 L5 L1 I C a 264 N = o d Future Sections and 263o Q 80.0' J O en Space 262 C23 265 CD o 6.695 Ac. remaining o 261 �,�,� 266 1.0678 Ac. 260 J 267 Road CI IN L18 L16 Dedication o Bradley Co 268 L15 L17 114 CIO n d v ?,- 269 r- Existing 241 �c OoJ Lo Section 3 " Phase 1 240 �o� 270 L20 h� 239 A� 271 c� L30 Me l �� 4 4� ESan lane �o �°� 272 Existing Section 3 !y 273 �, Phase 1 `S vo C v � G _. p 80 0 tD�NI � (D o l � O Q'i w N 00 CMF CMF AREA TABULATION EXISTING: TM #55-A-106 PROPOSED: Phase 2 lots Road Dedication Open Space A Future phases & open space 0 w L4 Existing Section 3 lsts74.^°' 7.0550 Ac. Open Space Parcel A L24 L25 L26 CMF CMF State R°ute 7 Virg Berryville Pike Width R V arable 19.1575 AC. 4.3396 AC. 1.0678 AC. 7.0550 AC. 6.6951 AC. OVERALL MAP & ROAD DEDICATION, FINAL PLAT RED BUD RUN SECTION 3, PHASE 3 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 20, 2016 SCALE: 1" = 200' Sheet 4 of 8 0) C 0 N (D to �t C u) I �o ado u) rn � c 0 IN 3 cn N ~ M C C— i CMF TM #55—A-142A Damon John Humeni Inst. #160004909 L 0 Z w Z 0 0 PREPARED BY: PENNONI ASSOCIATES INC. 117 East Piccadilly Street Pennon► Winchester, VA 22601 T 540.667.2139 F 540.665.0493 &5 C: C_J Lot 260 / Gouo' 161'4 A" 5 1 Lot 241 V'1� cp 15,190 SFO0 J Lrl% r^ O47 N 38'57'59" W 148.58' ' O Z ( ' Future Lot 240 O CD Sections p N 9,625 SF o Z N 38'57'59" W 138.74' I o N� O -� 0 N � I Ln w .P. . �,, Lot 239 m ' o 8,720 SF o N N N 093,511 N N O W N 38'57'59" W 91.87' Lot 237 M C3 Lot 238 --Phase 1 Legend • = Rebar Set unless otherwise noted IRF = Rebar Found 0 or • = Point DETAIL SHEET RED BUD RUN SECTION 3, PHASE 3 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 20, 2016 SCALE: 1" = 60' Sheet 5 of 8 Lot 268 s �5 rn �- N/ 7.0550 Ac. 1,Open Space 0 3 SF C N Parcel A .15'18 1R611' LA- P SS 55 LP w: C� J Lot 270 �: 11,036 SF .o J S 45' 40' 20', E 150.24' N Lot 271 10,870 SF 00 S 38'57'59" E 150.14' U, Lot 272 10,214 SF S 38'57'59" E 154.76' Lot 273 10,524 SF S 38'57'59" E 159.38' N Lot 274 10,684 SF N 38'57'59" W 157.24' Lot 275 Phase 2 PREPARED BY: PENNONI ASSOCIATES INC. 117 East Piccadilly Street Pennon* Winchester, VA 22601 T 540.667.2139 F 540.665.0493 TM #55—A-106A Commonwealth of Virginia, Board of Game and Inland Fisheries Inst. #040026714 Q S 74'29'46" E 290.47' 0 147.20' z 143.28' ° I Y N d Q 'D 4- o Lot 264 ,��x to Lot 263 q 9,833 SF i I o Q In N 27' 15'25 W 5�10,293 SF m 4)/ m 36.01 ' �y �h�o N o CO Future Lot 262 (9. �' c,� Lot 265 10,170 SF 4 Sections 8,570 SF 133'L ti SS424p„W 866S 78'S5'08" E 0 o /_ N 76'00'02' W Lot 266 I 25.00' v 8,518 SF � = Lot 261 9,843 SF ;, ,LO N 3524' 12" W I v1, L 51.28' N 65' ^ o S 67-0838„ 39 29' W E 88.66, 150.40' `0 O� ' 3 U o Lot 267 10,898 SF Lot 260 — VLO 12,979 SF S 65'39'29" E 149.60' o _ C11 �ti N 0 rLot 268 I c 54e Court Lot N 10,036 SF ' � V U tip N rn IN 64'46' 1 5 W 146.68' Lot 241 Lot 269 Legend • = Rebar Set unless otherwise noted IRF = Rebar Found O or • = Point DETAIL SHEET RED BUD RUN SECTION 3, PHASE 3 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 20, 2016 SCALE: 1" = 60' Sheet 6 of 8 7.0550 Ac. Open Space Parcel A PREPARED BY: PENNONI ASSOCIATES INC. �Pen�noni 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 d C•J \ L74 i Lot 268 L7 1 20' Wide Drainage Easement 7.0550 Ac Voriable width Lot 269 Open Space Lot 260 Sanitary Sewer \l Parcel A Easement ov' Drainage / �iR/ L68 Cj Easement boo Lot 270 �` J Variable Width Q Sanitary Sewer \ Q' w\ V, 20' Wide Drainage Easement Easement 9� 10 0' \ r CNp --_F3 / ! �S6 10' Wide 01 Drainage gR` -F L55 ' \ Easement — 10.0' Lot 241 \ °�;�0909 N Lot 271 WI s 45.40'20" E Sight Distance U I 8, co35.28 Easement (hatched) co LP � r IL Future 8' BRL w �� L_ 8' BRL Sections - - - o -- 8 BRL I �, o II 8' BRL IN m o < 0 I Lot 272 C Lot 240 co 20' Wide Drainage � Ln � �I� Easement L 8' BRL m 1110.0' L_ 8' BRL 13' Wide N L4 L50� 8 BRL FCSA 1 I I B I I,�, Waterline J I v, Lot 273 Lot 239 m Easement �I 13.0' 8' BRL I L_ 8' BRL J I -- I 10' Wide � 8' BRL I Utilities Lot 274 J Lot 237 I Easement I Lot 238 -- Lam_ 8' BRL of Phase 1 i L51 - - Lot 275 Phase 2 Legend • = Rebar Set unless otherwise noted IRF = Rebar Found O or • = Point DETAIL SHEET RED BUD RUN SECTION 3, PHASE 3 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 20, 2016 SCALE: 1" = 60' Sheet 7 of 8 PREPARED BY: PENNONI ASSOCIATES INC. Pennoni East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 TM #55—A-106A Commonwealth of Virginia, Board of Game and Inland Fisheries Inst. #040026714 Future Sections 0 w 0 s m 15' Wide FCSA Waterline Easement Legend • = Rebar Set unless otherwise noted IRF = Rebar Found O or • = Point DETAIL SHEET RED BUD RUN SECTION 3, PHASE 3 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 20, 2016 SCALE: 1" = 60' Sheet 8 of 8 Lot 269 L 0 N Q CL Lo I _ � O coo I 6 :-c o BRL S �I 10' Wide L N ` Utilities Lot �o Easement 266 IQD r I 7.0550 Ac. Open Space Parcel A PREPARED BY: PENNONI ASSOCIATES INC. Pennon Winchester, East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 vit<UNIA:Fft .LLIUCKCOUINI'Y. Cl. This instrument of writing was produced to me on ia- 19-at) (6 at I "L49 PK\ and with certificate ac.aiov!edgerrient thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. / y This is the recorded plats for Red Bud Run Section 3 Phase 2 f,d� Final Subdivision Plat Red Bud Run, Section 3, Phase 2 Dave Holliday Construction, Inc. TM #55-A-106 Inst.# 140004807 October 27, 2015 Stonewall District, Frederick County, Virginia Vicinity Map 1"=1000' MackenzieD I Lane 0 ��a ; Site a i. Re yville Avenu- - Va. Rte. 7 SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided and dedicated is in the name of Dave Holliday Construction, Inc. and was acquired as stated in the Owner's Certificate. I further certify, that these tracts are properly and accurately described and are within thp boundaries of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owner hereby certifies that the land herein subdivided and dedicated is the property conveyed to Dave Holliday Construction, Inc. by deed dated June 5, 2014 and recorded in Instrument #140004807. Said deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. This Subdivision and Road Dedication as it appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Dave Holliday ConsimeWn, Inc. irl NOTARY CERTIFICATE: STATE OF VIRGINIA; CITY/COUNTY OF- �ers ck to -wit: The foregoing owners consent and dedication was acknowledged before me by David B. Holliday ` this �$ day of IV i7�G�v► ?/ 2015. My commission expires` 1 a ` 3l -1 � Pu c CERTIFICATE OF APPROVAL This Subdivision and Road Dedication is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. /57 - /6 date Subdivision Administrator 9 , t !� a-j ZdtS date Frederick County/Sanitation Authority date Viitinia .Department of Transportation Sheet 1 cn �o O I I 1 � w 0 ,I � Existing Section 3 Phase 1 Inst. #150003254 Maj aneele Mega _ i Existing Section 3 .Phase 1 0 . 275 285 286 Gov J , L 284 �sy�o< 276 Sheets 5 & 7 278 277 279 See Sheet 4 �----- I ' 283 Sheets 6 & 8 280 for Overall Map _-------- `282 0 and Road 281 Dedication Route 7 State Virgin" ville Pike gerry Index Map 1" = 200' Notes: 1. Boundary shown hereon was taken from deeds and plots of record.. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. 4. All lot corners and change in direction of street R/W lines shall be monumented in accordance with local ordinance requirements. 5. The property shown hereon is subject to Rezoning #05-02 as approved by Frederick County, 6. All Lots are Single Family Detached Cluster. 7. The 13' wide FCSA Waterline Easement shall provide for and permit horizontal crossings for any other site utilities. Minimum Setback Requirements 25'Rear FFront = = 20' Side - 8'Minimum Lot Width at Setback = 60' ARTZMinimum Width at Right -•of —Way = 30'Minimum fMIHAEL Lot Area = 8.000 SF 13-6 Smallest Lot Size = 9,584 SF INDEX MAP & NOTES,��4�� FINAL PLAT UD RUN R E D B PREPARED BY: SECTION 3, PHASE 2 PENNONI ASSOCIATES INC. �� Winchester, East Piccadilly Street STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA Winchester, VA22601 OCTOBER 27, 2015 T 640.667.2139 p 540.665.0493 Sheet 2 of 8 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT T Cl 377.00' 33.72' 33.71' N 81'59'22" E 5'07'27" 16,87' C2 377.00' 62.83' 62.76' N 7439'10" E T32758" 31.49' C3 377.00' 62.83' 62.76' N 65'06'12" E 9'32'58" 31.49' C4 377.00' 61.16' 61.09' N 55'40'52' E 9'17'42" 30.65' C5 35.00' 12.15' 12.08' N 74'36'38" W 19'52'56" 6A3' C6 35.00' 15.86' 15.72' N 51'41'21" E 25'57'39" 8.07' C7 54.00' 51.75' 49.79' N 66'09'48" E 54'54'32" 28.06' C8 54.00' 41.01' 40.03' S 64'37'28" E 43'30'57" 21.55' C9 54.00' 41.01' 40.03' S 21'06'31" E 43'30'57" 21.55' C10 54.00' 41.01' 40.03' S 22'24'25" W 4T30'57" 21.55' C11 54.00' 41.01' 40.03' S 65'55'22" W 43'30'57" 21.55' C12 54.00' 40.26' 39.33' N 70'57'45" W 42'42'50" 21,12' C13 35.00' 28.00' 27.26' N 72'31'37" W 45'50'34" 14.80' C14 323,00' 14.77' 14.77' N 8N14'30" E 2*37*12' 7.39' C15 323.00' 143.99' 142.80' N 69'09'38" E 25'32'31" 73.21' C16 323.00' 30.19' 30.18' N 5342'42" E 5'21'22" 15.11' C 17 294.06' 42.87' 42.83' N 48' 17'23" W 8 21' 10" 21.47' C 18 5040.00' 26.81' 26.81' S 11'26' 14" W 0' 18' 17" 13.40' C 19 41.00' 65.60' 58.82' N 54' 19'31 " E 91'40'21 " 42.21' C20 323:00' 14.77' 14.77' N 8Y14'30*' E 2*37'12* 7.39' C21 323.D0' 143.99' 142.80' N 69'09'38" E 25'32'31 73.21' C22 323.00' 30.19, 30.18' N 53'42'42" E 5'21'22" 15.11' C23 41.00' 63.95' 57.66' N 35'09'12" W 89*22'13" 40.55' C24 2460.00' 342.97' 342.69' N 13'31'33" E T59'17" 171.76' C25 377.00' 220.54' 217.41' S 6T47'34" W 33'31'05" 113.53' C26 . 35.00' 28.00' 27.26' S 61'37'49" W 45'50'34" 14.80' C27 54.00' 256.06' 75.24' N 05726'54" W 271'41'08" 52.43' C28 35.00' 28.00' 27.26' S 72'31'37" E 45'50'34" .14.80' C29 5040.00' 272.74' 272.70' N 10`02'22" E 1 3'06'02" 136.40' LINE BEARING DISTANCE LINE I BEARING DISTANCE LINE BEARING DISTANCE L1 N 51'02'01" E 1.78' L31 N 05'29'21" E 167.57' L61 N 50'43'31" W 108.83, L2 S 40'51'32" E 54.03' L32 OMITTED L62 N 29'39'34" W 99.64' L3 S 33'36'37" E 54.00' L33 N 08'29'21" E 65.41' L63 N 09'38'35" E 192.00' L4 S 08'04'06" E 54.00' L34 S 79'50'18" E 38.45' L64 S 51102'01" W 1.78' L5 S 38*57*59" E 19.69' L35 S 10'09'42" W 176.98' L65 S 8433'06" W 153.14' L6 S 51'57'54" W 5.19' L36 N 88'57'44" E 28.58' L66 N 84.33*06" E 58.47' L7 S 62'43'07" W 156.70' L37 N 88*57*44" E 39.72' L8 S 82'58' 12" W 227.03' L38 S 8554'32" E 11 1.22' L9 N 72"1'58" W 23.96' L39 S 73'1613 E 102.24' L10 N 05'26'54" W 13.00' L40 S 38'57'27" E 54.88' L11 S 84'33'06" W 72.37' L41 S 05'26'54" E 46.61' L12 N 85'07'37 W 17.85' L42 N 84'33'06' E 94.67' L13 N 57'43'56" W 25.00' L43 N 51'02'01" E 62.40' L14 N 83*17'12" W 38.12' L44 N 38'5759" W 91.87' L15 N 89'21'03" W 107.34' L45 N 20'09'35" W 41.18' L16 S 3857'27" E 16.60' L46 N 21'39'58" W 61.50' L17 S 45*53'12" W 10.00' L47 N 43'04'48 W 79.48' L 18 S 73' 16 13' E 29.99' L48 N 53' 18'42 W 92.06' L19 S 84'33'06" W 45.10' L49 N 6V13'51" W 139,56' L20 S 75'12'01" E 93.74 L50 N 71'31'36" W 145.47' L21 N 8T20'12" E 180.26' L51 N 84'31'51" W 27.62' L22 S 59'18'26" E 443.19' L52 N 81'S3'13" W 62.56' L23 N 64'17'33" E 113.00' L53 S 11'54'37" W 171.67' L24 S 74*29*46" E 290.47' L54 N 79'50'18" W 24.34' L25 S 08'02 32" W 1017.57' L55 N 1731'11" E 137.06' L26 S 89'41'31" W 15.57' L56 S 40'51'32" E 54.03' L27 N 85*42*18" W .424.03' L57 S 38'57'59' E 157.94' L28 N 72'45'49" W 274.86' L58 S 55.49 27" W 136.88' L29 N 86'37'47" W 373.82' L59 S 79'07'40" W 310.40' L30 I N 36'27'23" W 54.36' L60 N 89'57'20 W 168.97' COURSE SHEET RED BUD RUN BY: PENNONI PREPARED ASSOCIATES INC. SECTION 3, PHASE 2 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA pennon Win Easter, VA cadillyStreet Winchester, VA 22601 OCTOBER 27, 2015 T 540.667.2139 F 540.666.0493 Sheet 3 of 8 Leoend • = Rebor Set unless otherwise noted ■ = Rebor Found CMF = Concrete Monument Found 0 or • = Point I 1 t L20 i 80.0' J TM #55—A-106A Commonwealth of Virginia, Board of Game and Inland t= Fisheries d ry r.7N Inst. #040026714 v W r L24 I Yu`t Q C d L22 x a m co o< E S Future Phases and: Oppen Space, 19.1575 Ac. remaining co "2t 5� L50 L49 44' Existing 14� w Section 3 e Phase 1 s { w r 1 01 L c� o, t `D N 1 G �t 00I at 0 CMF�J CMF Existing 111a4e Section 3 Phase 1 1 t.38 L39 610 285 286,r 6 (ay\ot 284 CG�� `6S a 2 283 280 282 281 461 1.60 C z 0 0 p - v) Imo a -do tn U c �g4 ,n % o a 0.6719 Ac. Road 1 in cs6 Dedication / �o lSj y 275 ti G 276 277 L28 09 CMF CMF AREA TABULATION EXISTING: TM #-55-A-106 23.0129 AC, PROPOSED: Phase 2 lots 3.1835 AC. Road Dedication 0.6719 AC. Future phases & open space 19,1575 AC. Mate Route 7 Virginia ville Pike \/ariab ger le Width RMW OVERALL MAP & ROAD DEDICATION, FINAL PLAT RED BUD RUN SECTION 3, PHASE 2 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 27, 2015 SCALE:: 1" = 200' Sheet 4 of 8 L21 TM #55-A-142A Cynthia L. Rapp Inst. #030011575 PREPARED BY: PENNN�ONI ASSOCIATES INC. r 117 East Piccadilly Street Permonr Winchester, VA 22601 T 540.6e7.2139 F 540.685.0493 Future Phases and Open Space Z---19.1575 Ac. remaining—�� Virginia NA0 83. North Zone CD 1,,779 S 11F � C=) .C` Lot 276 N Lot 238 IRF 12,097 SF e Phase 1 �, 15Q.52 p I'21� E Temporary S 2p Turn —Around 0 t ) Easement t� Lot 277 90 p0 Vacated 11,285 SF �a�1Pi a� 4 Jy ,� N � e'yQr E 147.61' S 10"34'26 _ o .p 0 IRF L4 Lot 278 9 / IRF 4 0' 10,692 SF cr z w o Lot 287 w 4 O o S 05'26'54" E 152.91' w Phase 1 °' n : m o 0 Lot 279 ° Lot 288 `D 0 r, w 1 10,458 SF o IRF v S 05'26'54_"_E 159.27' m Lot 286 Lot 280 end • = Rebar Set unless otherwise noted IRF = Rebar Found 0 or • = Point DETAIL SHEET RED BUD RUN SECTION 3, PHASE 2 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 27, 2015 SCALE; 1" = 60' Sheet 5 of 8 PREPARED BY: PENNONI ASSOCIATES INC. ■ 117 East PiccadiAy Street Penno % Winchester; VA 22601 T 540.667.2139 F 540.665.0493 C: to M C17 Lot 287 Lot 288 ' Lot 279 S 05'26'54" E IRF S 05'26'54" E 159.27' cn �� 11 IRF 46.61' � Lot 289 S �� 5a�� w w co Lot 280 o IRF Phase 1 c' 0 10,775 SF 0�. Lot 286 —I m 1P N N 10,822 SF 91IG n S 05'26'54" E 157.34' Lot 290 ��' at o o61 Lot 281 co `O c ^� N 02'19'10" W 99.70' n o 01 9,584 SF � °D rn� C Co Lot 291 INN ) 03'37'CD S 03° W 126.95' Lot 285 61 i 00 11,734 SF z 0 9 s Lot 282 Lot 292 11,883 SF V CO co IRF �Lot 284 Lot 283 9 w ^ 14,770 SF 3 12,795 SF Lot 29300 0 z N Og,38 3S 4.32' 00 z 6� e 99 1g2Op' 2�68• Vt <J tig�934 Virginio NA0 83, North Zone Future Phases and Open Space 19.1575 Ac. remaining Vacs. Mitt 4iar abbe . oa / �- vV'dth Riw ,.. Legend • = Rebor Set unless otherwise noted IRF = Rebor Found 0 or • = Point DETAIL SHEET D BUD RUN SECTION 3, PHASE 2 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA OCT08ER 27, 2015 SCALE: 1 60' Sheet 6 of 8 PREPARED Sr. PENNONI ASSOCIATES INC. 117 East Piccadilly Street Pennon Winchester, VA 22601 T 540.667.2139 F 540.665:0493 Future Phases and O en Space Z-19-1579 Ac, remaining�� Virginia NA0 83, North Zone 0 �5 Lot 275 s. Lot 276 1- Lot 238 Phase 1 Exist. Temporary v Turn —Around t Easement Lot 277 ►o t Hereby Vacated ^, Ica " Variable Width Sanitary '� (1 egg, Sewer Easement FCSA Waterline L4 r r 8 BRL' Easement & Utility 13.0' N Lot 278 Easement on Lot 287 to be dedicated by separate documentsit 1711O I L_ _8�BRL _ Lot 287 I { 1 � F_ —8' BRL — --� Phase 1 t o.o' I-- I Lot 279 Lot 288 I L L 8' BRL I Lot 280 ` / Lot 286 ' I 1 Leoend • = Rebor Set unless otherwise noted IRF = Rebor Found 0 or • = pant DETAIL SHEET RED BUD RUN SECTION 3, PHASE 2 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 27, 2015 SCALE: 1" = 60' Sheet 7 of 8 PREPARED BY'. PENNONI ASSOCIATES INC. PEast iilliy Street ennnoi Winchester, VA 22601 T 540.667.2139 F 540k65.0493 -v 0 N Lot 289 Existing 20' Wide Drainage Easeme Phase 1 Lot 290� �/ ,/ Lot 291 \1 Lot 292I Lot 293 l Lot 288 Lot 0� nt Nra (�� ti� J /4� �, / 10.0' m 1 Variable G� ! Width FCSA. N Waterline CID / ry Lot 286 i L 8' BRL1o.o' 279 J _Lot o 13.0' 1 n r °° 8' BRL Lot 280 r r `D Variable Width Sanitary r �J -! � 5.0' Sewer Easement Variable L 8' BRL J Width L12 Drainage & 8' BRL Easement N `� Variable Width FCSA Lot 281 Waterline Easement 8' BRL (hatched) on Lots 100, g BR( —� 284 & 285 j 10' Wide �1 Utilities Easement ml Lot 285 / h ti O 2f 25' wide Sewer & Utilities rf/ Easement on Lm Lot 284 Lot 284 10.0'� `120 v Y'rginio NA0 83, North Zone V Va Mil/ R Arab/*elite, Ss�aq Riw Legend • = Rebor Set unless otherwise noted 1RF = Rebor Found O or • = Point DETAIL SHEET RED BUD RUN SECTION 3, PHASE 2 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 27, 2015 SCALE: 1" = 60' Sheet 8 of 8 1 ;24,04' 10.0' 8 BR' =11.21' Lot 282 in / N 25 gR� \�. ) 10 Wide \ �p / Utilities d'' \ 0Qv Easement �P�\ A �o Lot 283 10.0' L6 gR 20' Wide Drainage Easement Future Phases and ----Future Space, J 19.1575 Ac. remaining PREPARED sy: PENNONI ASSOCIATES INC. 117 East Piccadilly Street Pennant Winchester, VA 22601 T 640.667.2139 F 540,665.0493 VIRGINIA- r'1—DERJCK COUNTY.SCrI. Thu instrument of writing was produced to me on _ 7-1- at and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-W2 of $_.&lL.._, and 58.IMI have been paid, ifassessabic 4644 , CIOA �60-000556 Prepared By: Thomas M. Dickinson, Jr. U1 Bowles Rice, LLP C 480 W. Jubal Early Dr., Ste. 130 Winchester, VA 22601 Tax Map No. 55-A-106 ri"THIS DEED OF DEDICATION made and dated as of the a day of , j I — - 2016, by and between DAVE HOLLIDAY CONSTRUCTION. INC. a 4-7 idiginia corporation, 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), FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes), and EDWIN B. YOST. Sole Acting Trustee (Grantor for indexing purposes) and RABBIT CREEK. LP, a Pennsylvania Limited Partnership, hereinafter referred to as Beneficiary (Grantor for indexing purposes.) RECITALS: WHEREAS, the Declarant is the owner in fee simply of the real estate shown on the attached plats drawn by Michael M. Artz, L.S., dated October 27, 2015, known as Red Bud Run Subdivision, Section 3, Phase 2, 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 Dave Holliday Construction, Inc. by Deed dated the 5a' day of June, 2014 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 140004807. 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, and water line easements over and across said lots, all of which shall constitute a portion of that development known as Red Bud Run Subdivision, Section 3, and which common open space areas shall be owned and maintained by the Red Bud Run Section 3 Property Owners' Association, Inc. upon the terms and conditions set forth hereinafter, and, Page 1 of 9 WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Red Bud Run Subdivision, Section 3, Phase 2. 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 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 3, Phase 2, lots 275 through 286, inclusive, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of Michael M. Artz, L.S., dated October 27, 2015, attached hereto and made a part hereof and by this reference incorporated herein as if set out in fall, and which plats are drawn in conformity with the Final Master Development Plan for Red Bud Run Subdivision, Section 3, 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 3, Phase 2, 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 3, Phase 2. ARTICLE I GENERAL PROVISIONS SECTION I. Dedication of Street: The Declarant does hereby dedicate unto the County of Frederick, Virginia, as public streets those certain roadways, containing 0.6719 acre in Section 3, Phase 2, designated as Taylor Court, all of which is shown on the attached plats of Red Bud Run Subdivision, Section 3, Phase 2. 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 Page 2 of 9 �j 0 t„n ry 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 the public domain of the land and easements, respectively, herein described as such. SECTION II. Grant of Easement to Frederiek County Sanitation Authority. THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Dave Holliday Construction, Inc. (hereafter "OWNER'S grants and conveys unto Frederick County Sanitation Authority (hereafter "FCSA'), its successors and assigns, with general warranty of title all of those sanitary sewer easements and water line easements as shown on sheet 8 of 8 of the Final Subdivision Plat of Red Bud Run, Section 3, Phase 2 made by Michael M. Artz, Land Surveyor, dated October 27, 2015, attached hereto and made a part hereof (hereafter the "Plat'). The FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary sewer lines, including, but not limited to, fire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities for the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat, and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to the FCSA are subject to the following rights and conditions: 1. All water mains and sanitary sewer lines and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. 2. FCSA and its agents shall have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the Easements. In the event FCSA is unable reasonably to exercise the right of Page 3 of 9 ingress and egress over the Easements, FCSA shall have the right of ingress and egress over the land of the OWNER adjacent to such Easements in order to access the Easements; provided, however, that this right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the FCSA Easements being conveyed deemed. by FCSA to interfere with the proper and efficient construction, operation and maintenance of said water mains and sewer fines and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation and maintenance of said water mains and sewer lines and appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. OWNER shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however, that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior written approval of FCSA. OWNER's right of use shall also include the ability of OWNER to convey easements to other utilities as shown on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforementioned rights of FCSA. Other than as shown on the Plat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose or in any Page 4 of 9 manner until after. a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment shall be paid by OWNER 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location 6. OWNER covenants that it is seized of and has the right to convey said FCSA Easements and related rights. and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the Easements and related rights and privileges, and that OWNER shall execute such further assurances thereof as may be required. 7. In the event the FCSA notifies OWNER (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Easements and OWNER (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of OWNER's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by OWNER (or its successors or assigns, as applicable), within thirty (30) days from the date OWNER (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding Page 5 of 9 ry rn sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. 8. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these FCSA Easements, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and OWNER (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covenants real running with the land which are and shall be binding upon OWNER to the extent of OWNER's interest in the areas represented by the FCSA Easements and are and shall be binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements. ARTICLE II SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS The Declaration of Covenants, Conditions, and Restrictions and the Corrected Declaration of Covenants, Conditions, and Restrictions dated April 9, 2015 and April 15, 2015 respectively and of record in the Clerk's Office in the Circuit Court of Frederick County, Virginia as Instrument No. 150003255 and Instrument No. 150003381 for Red Bud Run Subdivision, Section 3 are by this reference made a part hereof as if set out in full and shall be applicable to all of the Lots in Red Bud Run Section 3, Phase 2. ARTICLE III RELEASE OF LIEN ON DEDICATED STREETS The Trustee and Beneficiary of that certain Deed of Trust dated June 5, 2014, of record in the aforesaid Clerk's Office as Instrument No. 140004808, do join in the execution of this Deed of Dedication to release the lien of the aforesaid Deed of Trust, including all of their rights, title and interest in and to the aforesaid public streets designated as Taylor Court and to the previously dedicated street designated as Megan Lane as shown on the plat attached to that certain Deed of Page 6 of 9 N Cl M Dedication dated April 9, 2015 and of record in the aforesaid Clerk's Office as Instrument No. 150003254. WITNESS the following signature and seal: DECLARANT: DAVE HOLLIDAY CONSTRUCTION, INC. By: (SEAL) David . olliday, President COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this �i day of 2016, by David B. Holliday, President of Dave Holliday Construction, C. My Commission Expires: Registration No.: t" 'r�tx�7fl,,et,.. t•' ' SIGNATURES CONTINUE ON FOLLOWING PAGES Page 7 of 9 WITNESS the following signature and seal: EDWIN B. YOST, TRUSTEE By: Edwin B. Yc6Arustee COMMONWEALTH OF VIRGINIA. CITY OF WINCHESTER, to -wit: 0 N JThe foregoing instrument was acknowledged before me this day"' A l., ae,L40Lr,J 2016, by Edwin B. Yost, Trustee. a `' My Commission Expires: Registration No.: N u • SIGNATURE CONTINUES ON FOLLOWING PAGE Page 8 of 9 WITNESS the following signature and seal: RABBIT CREEK, LP, a Pennsylvania Limited Partnership By: E ) Robert C. Borden, Jr., G ral Partner COMMONWEALTH OF PENNSYLVANIA COUNTY OF gogY , to -wit: I The foregoing instrument was acknowledged before me this 514"*- day of 2016, by Robert C. Borden, Jr., General Partner of Rabbit Creek, LP, a Pennsylvania Limited Partnership My Commission Expires: it 40 Registration No.: /,2,5 COAROV6 WH OF POM94 IMA NOTARIAL I AL ORETA R WRITAGRE Rd" PUMIC CITY OF PORK, YORK COOMPI My Cam I800a EXPIM Avg 10. 2019 7804253.1 I FIA ff" 11, 1 sn". - - W� WE Page 9 of 9 -ea C:) rya r WITNESS the following signature and seal: FREDERICK COUNTY SANITATION AUTHORITY ,1 - . �r .•,.. Michael S Newlin, Assistant: ri_k Director COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to -wit: rr The foregoing instrument was acknowledged before me this 1 day of 2016, by Michael S. Newlin, Assistant Director, of Frederick County Sanitation Auth ty. My Commission Expires: I ,,� 1-7 Registration No.: -720 r s�TCf , TASHEMA LAYONNE LONG NOtary PUbliC NOTARY •r PUBLIC REGISTRATION 8 7265287 COMMONWEALTH OF VIRGINIA • :• `-k? MY COMMISSION EXPIRES AUGUST 31. 20) 7 Page 10 7804253.1 ■ I STONEWALL PIN 55-A-106 64 lotf, Please note: The Subdivision/MDP plans associated with this file are located in the file room.