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HomeMy WebLinkAbout07-15 Regents Crest 66 Lots 24 Single Family 42 Townhome Units Stonewall - BackfileSUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS Sanitation Authority Inspections Department Fire Marshall Health Department Parks & Recreation County Engineer 2. One copy of the subdivision application TRACKING SHEET To be filled in if an MDP is associated with this subdivision MDP #� 3 10 1 SDP Application received Approved by BOS: oo Admin. Approval: SDP Fee paid ($ 2.1 oo. Information entered in D-base and Reference Manual 9 15 -) ,� Application Action Summary updated Plat Application Received & fee paid $ Plat(s) by Subdivision Administrator signed Approval letter to applicant/copy to file & cc's �P Copy of final subdivision plat(s) [with signatures] made and given to GIS for structure numbering assignment L{ t (p Updated D-base and Reference Manual LA Application Action Summary updated / (0 Final plat(s) submitted with review agency signatures along with: Sys ID # Recorded Deed of Dedication Bond estimate (if required) V�A 356 Revised 3/14/14 NOTES RECEIPT' TE DATE RECEIVED FROM JC 1 ADDRESS .2'0" Y� Me"c. FOR 1�- t�i iy" .��^°(1 i�r sRa ACCOUNT HOW PAID AMT. OF I CASH ACCOUNT AMT. 00 PAID. I I oa) - CHECK BALANCF MONEY DUE ORDER ; NO. 984233 LLc OO2001 .® BL818 ji NOTES RECEIPT DATE q, I 15201E NO. 583378 RECEIVED FROM' ADDRESS ad, i DX 393E JI-30-1 T(T-,' (ler)of FOR C r S C ✓ I' 1N l�Jr ' (y " I-c?tpG� ACCOUNT HOW PAID AMT. OF ACCOUNT; CASH AMT.Abet ^ 0 CHECK ' C4OO BALANCE MONEY DUE ORDER Diane Walsh From: Diane Walsh Sent: Thursday, April 07, 2016 1:06 PM To: Kyle Schwizer Subject: Final Plats for the Regents Crest Subdivision Attachments: Final Subdivision Plat Regents Crest Optimized.pdf Tracking: Recipient Kyle Schwizer Delivery Delivered: 4/7/2016 1:06 PM Kyle — attached are the final subdivision plat for Regents Crest. Let me know if you need anything else. Diane Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 dwalsh(afcva.us Diane Walsh From: Microsoft Outlook To: Kyle Schwizer Sent: Thursday, April 07, 2016 1:06 PM Subject: Delivered: Final Plats for the Regents Crest Subdivision Your message has been delivered to the following recipients: Kyle Schwizer (kschwize@fcva.us) <mailto:kschwize@fcva.us> Subject: Final Plats for the Regents Crest Subdivision ?�Y-do plait Deed o-Pbe-di coc+f � OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 03/25/16 TIME: 13:46:41 ACCOUNT: 069CLR160002505 RECEIPT: 16000005561 CASHIER: KJS REG: WE17 TYPE: DOD PAYMENT: FULL PAYMENT INSTRUMENT : 160002505 BOOK: PAGE: RECORDED: 03/25/16 AT 13:46 GRANTOR: JENNINGS INVESTMENTS LLC EX: N LOC: CO GRANTEE: COUNTY OF FREDERICK VIRGINIA EX: N PCT: 100% AND ADDRESS : ,, RECEIVED OF : Y05T DATE OF DEED: 03/15/16 CHECK: $72.00 DESCRIPTION 1: ST DTST {15-5829) PAGES: 11 OP: 0 2: REGENTS CREST NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: PIN: 301 DEEDS 28.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 035 VOF FEE 1.00 TENDERED 72.00 AMOUNT PAID: 36.00 CHANGE AMT 36.00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 5055 2 /cmj N W THIS DEED OF DEDICATION, made and dated this 15' day of March, 2016 by and between JENNINGS INVESTMENTS L.L.C., a Virginia Limited Liability Company, of the one part,.hereinafter, called the DECLARANT or OWNER, and COUNTY OF FREDERICK, VIRGINIA, of the second part, hereinafter called COUNTY. ARTICLE ONE OWNERSHIP OF LAND WHEREAS, the DECLARANT is the owner in fee simple of that certain real estate shown on that Final Plats drawn by David F. Spriggs, L.S., dated January 12, 2016 and designated thereon as "REGENTS CREST", which Final Plats are attached hereto and incorporated herein by reference, as if set out in full. This is the real estate previously conveyed to the DECLARANT by that certain Deed dated June 25, 2015 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument Number 15005829. ARTICLE TWO SUBDIVISION OF LAND WHEREAS, said real estate, as shown on the aforesaid Plats, have been subdivided into lots for the construction of 42 Townhouse Lots 24 duplex Lots residential units (Lots 1 through 66, inclusive) and Open Space, and the hereinabove reference Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as open space, streets, utility, ingress -egress, and drainage easements, all of which shall constitute a portion of that development known as REGENTS CREST, and which common areas shall be owned and/or maintained by The Regents Crest Owners Association, Inc. upon the terms and conditions as set forth hereinafter; and, WHEREAS, the Declarant now desires to subdivide the same into lots to be known as. Regents Crest, as the lots appear on the attached plats, such action being with the free consent and in accordance with the desires of the undersigned Declarant and the parties hereto further desire that the subdivision of the aforesaid real estate is accomplished in accordance with the provisions of Code of Virginia, Title 15.2, Chapter 22, as are applicable and in force and effect as of the date of execution of this Deed of Dedication. C-D NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Regents Crest, lying and being situate in the County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of Regents Crest, drawn by David F. Spriggs, L.S., dated January 12, 2016 containing 66 Lots namely Lots 1 through 66, inclusive and Open Space, which Final Subdivision Plats are attached hereto and incorporated herein as if set out in full. ARTICLE THREE DEDICATION OF STREETS That for and in consideration as aforesaid, the Declarant does further dedicate all of the streets in Regents Crest, to The County, for public use, which streets dedicated are more particularly described by the final plat of Regents Crest, attached hereto. ARTICLE FOUR INCORPORATION OF PHASE 1 COVENANTS WHEREAS, The Declarant hereby does incorporate by this reference all the terms and provisions set forth in the Declaration of Covenants, Conditions, and Restrictions, dated March 14, 2016 recorded immediately after this document into this Dedication of Regents Crest, as if set out in full. ARTICLE FIVE FCSA EASEMENTS 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, Declarant grants and conveys unto FCSA, its successors and assigns, with general warranty of title easements for water and sanitary sewer easements. 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. Any temporary construction easement conveyed hereby grant to FCSA the right to enter upon OWNERs property to the extent necessary for and during the original construction, installation and laying of said sewer or water lines, said temporary easements to expire upon completion of construction of said sewer or water lines. Said FCSA Easements are N 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: l . 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 ingress and egress over the Easements, FCSA shall have the right of ingress and egress over the land of the Declarant 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. 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 lines 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 back(lling 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. Declarant 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. Declarant's right of use shall also include the ability of Declarant 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 pernutted 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 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 Declarant. 5. At such time as any portion of the areas(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. Declarant 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 Declarant shall execute such further assurances thereof as may be required. 7. In the event the FCSA notifies Declarant (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Easements and Declarant (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 Declarant'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 Declarant (or its successors or assigns, as applicable), within thirty (30) days from the date Declarant (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 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 4 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 DECLARANT (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 Declarant to the extent of Declarant'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. WITNESS the following signatures and seals: JENNINGS INVESTMENTS, L.L.C., a Virginia Limited Liability Company JA By: _ (SEAL) CMSTOPFUlk S. JENNINGS, MANAGER/MEMBER Commonwealth of Virginia, City of Winchester, To -wit: The foregoing instrument was acknowledged before me this 15' day of March, 2016 by Christopher S. Jennings, Manager/Member of Jennings Investments, L.L.C. �..I M. NOTARY '•.� .1�-� " PUBUC REa. # 39067 ' MY COMMISSION ; Notary Public too, ?YEA 1 5 U.S. RTE. 37 Qj C AI c� 4 o SITE VICINITY MAP NOT TO SCALE APPROVED BY z MMM4 !COU 4*SA-47V1 I A[Unyoffrr DA TE Zug L " n f Ar -n " 5-1 1 Z- DA 7F Z, �� OWNER'S CONSENT 7HE ABODE AND FOREGOING SU601WS/ON OF REGENTS CREST AS APPEARS IN 7HE ACCOMPANYING PLATS, IS W H 7HE FREE CONSENT AND /N ACCORDANCE WITH 7hF DESIRES AND WSHES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY. BY II-I,6 CN-ffEWLF 10F JENNINGS /N TMENT, .L.C., A WRGINIA LIMI7ED LIABILITY COMPANY DATE' � � _ NOTARY PUBLIC srA7E ofy z t C Ck CITY/COUNTY OF r THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE M£ THIS — DA Y OF n l&a , 2016 BY L• ,_% =1n ••-� Pr-�PN B LF OF JENN/N S INVESTMENTS, L.L.C., A VIRGINIA LIM17ED LIABILITY COMPANY. �P • NOTARY •' �l %� e mQ : • PUDLIC �� - �^ • REG # 7532024 A Y P IC n ;•MY COMMIS510N ¢ANY COMMISSION EXPIRES a Sid �'' �ERTI'ICATE EALTTN .•` I HEREBY CST77FY 7HA T THE LAND CONTA/N�'D� /I�f � TN-W I• SD/VISION /S 7HE SAME LAND CONVEYED TO JENNINGS INVESTMN£NIS, L.L.C., A VIRGINIA LIMITED UAB/L/TY COMPANY BY DEED DA7ED 23 'JUNE, 2?3`5AND RECORDED /N THE OFFICE OF 7HE CLERK OF THE CIRCUIT COURT OF , REDER/CK COUNTY, VIRGINIA AS /NSTRUMENT .#75000029. ' TH OF FINAL SUBDIVISION PLAT REGEN TS CREST STONEWALL MAGISTERIAL DISTRICT DAVID F. S 1GGS FREDER/CK COUNTY, WRGINIA L I c. No. 001$53 DA TE.'- ✓ANUARY 11, 2016 l�iZ�/Le i4b SHEET 1 OF 11 1506003 Now PAINTER- LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING Email; office6painterlewis.com ENGINEERS NO TES - I. CURRENT OWNER ✓ENNINGS INVESTMENTS, LLC INSTRUMENT NO. 15005829 PROPERTY IDEN77FICA77ON NO. 53-6-1, PRCLS 1-28 AND 28A, 288, 28C. 2. NO TI TLE REPORT FURNISHED. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN ON THIS PLA T. 3. IRON RODS HAVE BEEN OR WILL BE SET AT ALL CORNERS NOT PRE14OUSL Y MONUMENTLFD. 4. PROPERTY SHOWN HEREON LIES WITHIN ZON£ X, PER FLOOD INSURANCE RATE MAP #5106900208D, EFFECT/ VE DATE SEP7EEMBER 2, 2009. 5. BOUNDARY INFORMA 77ON SHOWN /S BASED ON A PLA T OF ENTITLED "PLA T SHOWING BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF SOVEREIGN HOMES, INC. " DA 7ED APRIL 24, 2006 AND RECORDED AS INSTRUMENT NUMBER 060012056. 6. ZONED; RP, USE' VACANT. 7. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09-F (SINGLE-FAM/L Y SMALL LOT WITH A MIN/MUM REOU/RED LOT SIZE OF 3, 750 So. FT.) FRONT = 25' REAR = 15' SIDE = 5' 8. DECLARA 77ON OF 7ERM/NA 710N OF CONDOMINIUM /S RECORDED A T INSTRUMENT NUMBER 160000751. CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C 1 26.33' 39.50' 38' 11 '21 " S 64' 15'34" W 25.84' C2 13.63' 39.50' 19'50'05" S 35'14'52" W 13.61' C3 2.28' 39.50' 03' 18'30" S 23'40'34" W 2.28' C4 20.81' 39.50' 30-11'33" S 06'55'32" W 20.57' C5 22.52' 39.50' 32'40' 19" S 24'30'23" E 22.22' C6 16.43' 39.50' 23'50' 14" S 52'45'40" E 16.32' C7 20.15' 39.50' 29' 13'34" S 79' 17'34" E 19.93 C8 20.10' 39.50' 29'08'56" N 71'31' 11 " E 19.88' C9 22.78' 14.50' 90'00'00" S 19'20'22" E 20.51' C10 22.78' 14.50' 90'00'00of N 70'39'38" E 20.51' C11 22.78' 14.50' 90'00'00" S 70'39'38" W 20.51' C12 22.78' 14.50' 90'00'00" N 19'20'22" W 20.51' C13 22.78' 114.50' 90-0000" IS 19'20'22" E 120.51' CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C14 22.78' 14.50' 90'00'00" S 70'39'38" W 20.51' C15 22.78' 14.50' 90'00'00" N 19'20'22" W 20.51' C16 22.78' 14.50' 90'00'00" N 70'39'38" E 20.51' C17 22.78' 14.50' 90'00'00" S 19'20'22" E 20.51' C18 22.78' 14.50' 90'00'00" S 70'3938" W 20.51' C19 22.78' 14.50' 90'00'00" N 19'20'22" W 20.51' C20 22.78' 14.50' 90'00'00" N 70'39'38" E 20.51' C21 6.33' 225.00' 01'36'43" S 27'01'23" W 6.33' C22 24.67' 25.00' 56'32'22" S 56'05'55" W 23.68' C23 252.27' 55.00' 262'47'43" S 4701'24" E 82.52' TH FINAL SUBDIVISION PLAT REGEN TS CRES T STONEWALL MAGISTERIAL DIS7RICT FREDERICK COUNTY, WRGINIA v DAVID F. PRIGGS DATE- JANUARY 11, 2016 L i c, No, 001853 11Izllle 04' S(7RV�' 1506003 SHEET 2 OF 21 PAINTER- LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 NM Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULMISIENGINEERS Email: office@painterlewis.com AREA TABULATION TABLE J ORIGINAL PARCEL 431,429.36 SQ FT OR 9.9042 ACRESI TOWN HOME LOTS 1-42 92,839.57 SQ FT OR 2.1313 Ar_RPc DUPLEX LOTS 43-66 102,638.38 SQ FT OR 2.3562 OPEN SPACE 174,275.91 SQ FT OR 4.0008 TOTAL 431,429.36 SQ FT OR 9.9042 ACRES LOT AREA TABLE Area S . Feet Acres LOT 1 3457.05 0.0794 LOT 2 1796.38 0.0412 LOT 3 1796.38 0.0412 LOT 4 1 1796.38 0.0412 LOT 5 1796.38 0.0412 LOT 6 1796.38 0.0412 LOT 7 3502.65 0.0804 LOT 8 3238.93 0.0744 LOT 9 1 1684.50 0.0387 LOT 10 1 1684.50 0.0387 LOT 11 1684.50 0.0387 LOT 12 1684.50 0.0387 LOT 13 1684.50 0.0387 LOT 14 3281.69 0.0753 LOT 15 3311.17 0.0760 LOT 16 1800.88 0.0413 LOT 17 1800.88 0.0413 LOT 18 1800.88 0.0413 LOT 19 1800.88 0.0413 LOT 20 1800.88 0.0413 LOT 21 3710.25 0.0852 LOT 22 3502.98 0.0804 LOT TABULATION TABLE LOT AREA TABLE Area S . Feet Acres LOT 23 1678.63 0.0385 LOT 24 1678.63 0.0385 LOT 25 1678.63 0.0385 LOT 26 1678.63 0.0385 LOT 27 1678.63 0.0385 LOT 28 3035.66 0.0697 LOT 29 3557.87 0.0817 LOT 30 179967 0.0413 LOT 31 1 1799.67 0.0413 LOT 32 1799.67 0.0413 LOT 33 1199.67 0.0413 LOT 34 1799.67 0.0413 LOT 35 3470.96 0.0797 LOT 36 3321.56 0.0762 LOT 37 1681.63 0.0386 LOT 38 1681.63 0.0386 LOT 39 1681.63 0.0386 LOT 40 1681.63, 0.0386 LOT 41 1681.63 0.0386 LOT 42 3240.35. 1 0.0744 LOT 43 5748.83 1 0.1320 LOT 44 5021.90 1 0.1153 RNAL SUBDIVISION PLA T REGE-N rS CRES r STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, W9RGIN/A DATE.- JANUAR Y 11, 2016 LOT AREA TABLE Area S . Feet Acres LOT 45 3966.04 0.0910 LOT 46 3965.66 0.0910 LOT 47 3965.29 0.0910 LOT 48 3964.91 0.0910 LOT 49 3964.53 0.0910 LOT 50 3964.16 0.0910 LOT 51 3963.78 0.0910 LOT 52 3963.40 0.0910 LOT 53 3963.03 0.0910 LOT 54 3962.65 0.0910 LOT 55 3962.28 0.0910 LOT 56 3961.90 0.0910 LOT 57 4160.06 0.0955 LOT 58 4096.93 0.0940 LOT 59 3755.78 0.0862 LOT 60 3912.04 0.0898 LOT 61 4923.89 0.1130 LOT 62 5626.13 0.1291 LOT 63 5269.54 0.1210 LOT 64 4476.44 0.1028 LOT 65 4202.78 0.0965 LOT 66 3876.43 0.0890 Total 195,477.95 4.4875 �p,LTH OF v DAVID SPRIG L I c, No, 001853 1506003 SHEET 3 OF 21 _V000#041 PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 ENGINEERS G Email: office0.painterlewis. com C:..D C'n i-S UTILITY EAS M ENT TABLE UTILITY ESMT CURVE TABLE CURVE RADIUS ARC LENGTH TANGENT ICHORD LENGTH ICHORD BEARING DELTA ANGLE UEC1 63.00' 42.20' 121.93 41.42' IS 81'16'12" W 38'22'53" UEC2 69.00' 92.25' 54.49' 85.53' IN 12'58'56" W 76'35'53" UTILITY ESMT LINE TABLE LINE BEARING DISTANCE UE1 S 25'42'07" W 164.39' UE2 S 65' 19'25" E 17.78' UE3 N 65'19'25" W 17.30' UE4 S 25'05'06" W 207.64' UE5 S 25'05'06" W 66.54' UE6 S 64*49'15" E 74.41' UE7 S 24'29'41" E 33.19' UE8 S 25'04'22" W 569.83' UE9 S 62'04'45" W 15.36' UE10 S 27*55'15" E 12.20' UE11 S 25'14'42" W 10.14' UE12 N 64*45'18" W 10.00' UE13 N 25'14'42" E 6.66' UE14 N 64'43'51" W 38.77' UE15 N 25'20'17" E 8.87' UE16 N 64'39'43" W 50.97' . UE17 S 25'50'59" W 16.75' UE18 N &V09'01" W 15.23' UE19 N 25'50'59" E 8.61' UE20 N 64'3943" W 42.40' UE21 S 59'35'47" W 4.51' UE22 N 25"9'00" E 14.79' UE23 S 65'46'49" E 28.58' UE24 N 24' 13' 1 1 " E 55.54' UE25 N 65'46'49" W 28.89' UE26 N 26'08'56" E 86.68' UE27 N 63-49'19" W 5.24 UE28 N 26'10'41" E 10.00' UE29 S 63'49'19" E 5.24' UE30 N 26'08'56' E 356.13' UE31 N 33'58'37" E 30.27' UE32 N 57'03'20" E 33.99' UE33 IS 32'56'40" E 17.26' UE34 S 64*49'15" E 50.62' UE35 N 24'50'52" E 564.59' UE36 S 64'38'52" E 20.35' UE37 S 26'36'43" W 14.39' UE38 S 64'38'52" E 98.47' 25'21'08" E 14.39' FE3N E40S 64'38'S2" E 17.95' NO TES.• 1. UE** AND UEC** ANNOTA TION INDICA TES PERIMETER OF WATER/SEWER VARIABLE WIDTH EASEMENT. UTILITY ESMT LINE TABLE LINE IBEARING DISTANCE UE41 IS 11*40'19" E 8.19' UE42 IS 65'30' 19" W 5.37' UE43 S 24'29'41" E 19..57' UE44 S 25'14'47" W 15.93 UE45 S 64'45'13 E 10.67' UE46 S 25-14147" W 10.01' UE47 iS 64*45'13" E 10.67' UE48 IS 25'14'47" W 105,54' UE50 N 26'05'54" E 136.24' UE51 S 62'06'09" E 8.56' UE52 N 26*39'16" E 19.54' UE53 S 64'38'52" E 3.35' UE54 IN 25'21'08" E 11.06' UE57 N 64'20'47" W 161.83' UE58 S 25'39'13" W 12.63' UE59 N 63'54'06" W 5.34' UE61 S 64'49'22" E 126.63' UE62 N 25'39'13" E 18.50' UE63 S 64'20'47" E 17.27 UE64 S 2539'13" W 24.31' UE65 S 6449'22" E 12.06' UE66 N 25-10'38" E 24.17' UE67 S 64'49'22" E 7.35' UE68 S 25'39 38 W 93.10' UE69 S 64'20'22' E 14.20' UE70 N 25'39'38" E 10.00' UE71 N 63'31'19" W 13.27' UE72 N 26'28'41" E 79.48' UE73 S 64'20'47" E 8.06' UE74 S 2539' 13" W 19.56' UE75 S 25'39'38" W 13.27' UE76 S 25'39'38" W 10.00' UE77 S 64'20'22" E 14.44' UE78 S 25'59'48" W 48.31' UE79 N 64-00'12" IS W. 9.53' UE80 25'59'48" W 10.00' FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE.• ✓ANUARY 11, 2016 UTILITY ESMT LINE TABLE LINE BEARING DISTANCE UE81 S 64`00'12" E 9.53' UE82 S 25'59'48" W 9.86' UE83 N 65'39'50" W 20.86' UE84 N 25*39'13" E 12.68' UE85 N 65'26'20" W 142.15' UE86 S 24'20' 10" W 13.23' UE87 N 65'39'50" W 8.88' UE88 N 25'14 47" E 86.07' UE89 S 64'35'34" E 127.63' UE90 N 25'24'26" E 20.74' UE91 S 65'39'50" E 36.51' UE92 S 25'03'59" W 20.45' UE93 N 64'56'01" W 9.97' UE94 S 25'03'59" W 14.83' UE95 S 6456'01 " E 9.97' UE96 S 25'03'59" W 106.12' UE97 N 64'56'01" W 10.65' UE98 S 25'03'59" W 14.18' UE99 S 64'56'01 " E 10.65' UE100 S 25'03'59" W 19.13' UE101 S 83'41'46" W 15.02' UE102 N 64'09'01" W 22.64' UE103 N 25'50'59" E 18.75' UE104 N 64'13'17" W 118.16' UE105 S 25'20'17" W 17.25' UE106 N 47'06'58" W 16.01' UE107 N 24'13'11" E 22.17' UE108 S 64'12'22" E 9.41' UE109 N 2547'38" E 10.00' UE110 N 64'12'22" W 9.69' UE111 N 24'13'11" E 140.58' UE112 S 65*25'13" E 6.81' UE113 S 2434'47" W 18.89' SHEET 4 OF 21 Z,TH pF� DAVID F. SPRIGGS L i c. No, 0 1853 MEN PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (5.40) 662-5793 CONSULTING ENGINEERS Email: officesP ainterlewis. com c-� C C CD INGRESS/EGRESS CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE 'CHORD BEARING CHORD LENGTH IEC1 32.50' 35.11' 53'02'21" S 86'54'08' W 31.35' IEC2 21.91' 39.50' 31'46`40" N 80*4537" W 21.63' IEC3 21.89' 39.50 31'45`24" N 56'56'25" E 21.61' IEC4 3.54' 4.50' 45*08'16" N 47'44'36" E 3.45' IEC5 5.89' 2.50' 135'00.'00" N 42'11'16" W 4.62' IEC6 3.53' 4.50' 45'00'00" 'N 47'48'44" E 3.44' IEC7 5.89' 2.50' 135'00'00" S 42'11'16" E 4.62' IEC8 61.41' 39.50' 89`05'00" S 19-41'15" E 55.41' IEC9 28.81' 33.27' 12'33'19" N 36'21'40" W 8.53' IEC10 29.86' 63.87' 19'16'12" N 38'46'22" E 21.38' IEC11 21.10' 46.33' 26'05'47" S 42'39'49" W 113.81' 20.92' IEC12 13.95' 28.40' 28'09'22" N 42*59'12" W INGRESS/ EGRESS LINE TABLE LINE BEARING DISTANCE IEL1 S 32'36'56" W 26.80' IEL2 S 65' 13'52" E 52.48' IEL3 N 25'10'28" E 10.45' IEL4 N 70"8'44" E 25.80' IEL5 S 25' 18'44" W IEL6 N 19*41'16" W 10.71' IEL7 N 70'18'44" E 11.19' IEL8 N 25"8'44" E 18.97' IEL9 N 70'18'44" E 26.06' IEL10 S 25"8'44" W 243.66' IEL11 S 19*41'16" E 10.71' IEL12 I S 70'18'44" W 11.19' IEL13 N 26' 19'59" E 16.29' IEL14 S 20'42'08" W 9.43' FINAL SUBDIVISION PLA T REGENTS CRES T STONEWALL MAGISTERIAL DISMICT FREDERICK COUNTY, WRGINIA DA TE.• ✓ANUARY 11, 2016 1506003 SHEET 5 OF 21 K�3 _j TH QF"t v DAVID F. S IGGS L I c, No, 001853 /%il1/L I 6� SL;ey PAINTER-LEWIS, P.L.C. MEM 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office�painterlewis. com 40 0 40 Scale 1 " = 40 ft NORTH FREDERIECK PIKE (U.S. ROUTE 522) (VARIABLE WIDTH RNV) S 1815141 " E 30.. 08' - _ N 63'45 59" N'' _ -- - ,� 64.6,2'-�- -- -- -- �h I OI TM 53A—A-12 ~ I N/F WETZEL, JEFFREY D., ET LIX. I i a 1 D.B. 760/1742 Z\ ZONING: RP ,OI I I�I N 84'3148" Or I 14.36' 1 TM 53A—A-11 N/F WETZEL, JEFFREY D., ET LIX. 1 D.B. 760/1742 Qjl ZONING: RP O til it �1 I 41 k(iI �I lookci �I 1 I TM 53A—A-8 N/F LINTZ, RITA L. Qj D.B. 731 /158 I ZONING: RP I a 1 �I 1 OPEN SPACE W Ca g� V Q H W cc H D ILL MA TCHUNE - SEE SHEET 8 of 21 FINAL SUBDIVISION PLA T REGEN TS CITES T STONEWALL MAG/STER/AL D/STR/CT FREDERICK COUNTY, 14RG/N/A DATE.- JANUARY 11, 2016 TM 53— A-55 N/F SOVEREIGN HOMES, INC. INSTR. #040021274 ZONING: RP I,TH p,p i "o, DAVID F, PRIGGS L I c, No. 001853 15NO03 SHEET 6 OF 21 "vN**N� PAINTER-LEWIS, P. L. C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22801 Facsimile (540) 662-5793 coN Email: office* ainterlewis. com ENGINNEERSEERS p c-3 LNOTES.- C_S IN PARENTHESIS (XX) DISTANCES 40 0 _ 40 Scale 1 " = 40 ft TM 53A-2-A-5 N/F ALLEY, JOHNNIE JOSEPH III INST# 0400018023 ZONING: RP TM 53A-2—A-6 N/F CAMPBELL, BENJAMIN D.B. 218/552 ZONING: RP TM 53A-2—A-7 N/F McDANIEL, ROBERT L., ET INST# 130006533 ZONING: RP TM 53A-A-7 N/F PEACEMAKER, WAYNE J. D.B. 320/335 ZONING: RP I N w 1V 84*2204_5" IY _ 13,0.00' - - i OPEN SPACE I N 64.29 49" 7!' 66.24' W SETBACKS I E. I j LOT 43 I 1� I ict LOT 44 I0e I UX. I w 5 SIDE SETBACK SIDE SETBACK --� �10 Y' 1 � I i LOT 45 TM 53-A-63A I N 64'40'11 " A' _ N/F WESTMINSTER-CANTERBURY i 99.15' D.B. 597/312 ZONING: RP 10 ( LOT 46 I� L5'.,51DE. SETBACK MA TCHLINE - SEE SHEET 10 of 21 FINAL SUBDIVISION PLA T REGEV TS CRES T STONEWALL MAGISTERIAL DISTRfCT FREDERICK COUNTY, VIRGINIA DA M ✓ANUAR Y 11, 2016 1506003 SHEET 7 OF 21 LTx OF���� v DAVID F, SPRIGGS L i c, No, 01853 Irl� PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 CONSULTING Winchester, Virginia 22601 Facsimile (540) 662-5793 ENGINEERS Email: office@painterlewis. com TM 53A-A-8 ' LINTZ, RITA L. S 28°4949" #r ' 99.58' �I OI til OPEN SPACE �1 40 0 40 z Scale 1 " = 40 ft �I TM 53-A-55 N/F SOVEREIGN HOMES, INC. INSTR. V #040021274 ZONING: RP cc D a � � J th Q e25'�2'� S 8%73 N /F 1 PEACEMAKER, WAYNE J. D.B. 320/335 Fes- C-) ZONING: RP I I II W � W I = p� W 132.00' �\ / NOTEs- W 1. SEE SHEET 2 & 5 OF 21 FOR \ C13 CURIE AND LINE TABLE. 2. DISTANCES IN PARENTHESIS (XX) Z ,2 INDICA TE TIE DISTANCES. jEC10/ � tlp LOT 43 , �_ �'\ \ �ECIO LlEL2 SAGE CIRCE (S 24'05 INGRESS/EGRESS ESMNT. 29" EJ S 6420 ?R" E 149.49' i G 24.49' *0. 00 20.00' 20.00' 20.00 ,20. 00' ,25. 00' c IEL14 I 4'40Y1 25 FRONT S CK 99.16' I—..—.L—...r..—..� IEM31 °o I m ro i t IEW �I LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 . N�4'4011 'Or � o, �-03 z h 20° R R SEf CK o 0 o 1 S 64'20122" E '178.491 1 38.99' 20 00 2 00 20 00'11— 20.00 20 00 39.50' MA TCHLINE - SEE SHEET 10 of 21 MA TCHLINE - SEE SHEET 11 of 21 LTH OF F/NAL SUBDIVISION PLA T REGEN TS CRES T, STONEWALL MAGISTERIAL DISTRICT V DAVID F, SPRIGGS FREDERICK COUNTY, VIRGINIA DAM JANUARY 11, 2016 L i [, yo, 001853 1506003 SHEET 8 OF 21 PAINTER- LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office@painterlewis.com TM 53-A-55 N/F SOVEREIGN �i HOMES, INC. gg°257 2 #0400211274 s fig. ZONING: RP S 63*4823" E_ 21Q 7,2'_ OPEN SPACE 63"47'01 " F 119. I h 0 O TM 53- A-54 PRIVATE ROAD N/F FINCHAM, BEATRICE E. SAGE CIRCLE D.B. 311/304 INGREMEGRESSESMNT. ZONING: RP I� to I I� I I HMO I I ' I � MATCHLINE - SEE SHEET 11 of 21 FINAL SUBDIVISION PLAT REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DAM JANUARY 11, 2016 0 1 40 cale 11 " = 0 ft I I , ,T,TH pF� O'4 G' DAVID F, SPRIGGS L I C, .001853 1506003 SHEET 9 OF 21N� "fir PAINTER-LEWIS, P.L.C. ONE=- 817 CEDAR CREEK GRADE Telephone (540) 662-5792 EM Winchester, Virginia 22:601 Facsimile (540) 662-5793 CONSULTING Email: office®painterlewis. com ENGINEERS __ SEF f 21 o _ .. - o t 07y" 7 ' OI 20, R R_SET CK- 5' SIDE SETBACK I LOT 8 LOT 9 LOT 10 (D v LOT 47 I v p � I t` I m p � jA I �I �I I 64'4011 " F 99.1.3 1 "' � 0 p 0 I — — 25 )RONT S�BACK r I — I " I LOT 48 I c`ny I 24.49' 20.00' 20.00' 1. SEE SHEET 2 & 5 OF 21 FOR CURIE AND LINE i TABLE. ' 2. DISTANCES IN PARENTHESIS j (XX) INDICATE AE DISTANCES.L 5' SIDE SETBACK eF;� S 64',20;22" E 170.00' PRIVATE j�R(OOAyD �s — — — h INGRAE AESE LT. 5 SIDE SETBACK 64W02?" E 149.98' IY LOT 49 Iv ppo I G6 22.77' 20.00' 20.00' U � N 64'4011 " Or I I ow l 9911' jo oU r .. 25, FRONT _CK :A U LOT 15 ILOT 161 LOT LOT 50 r� po aw Im o 17 1 �5' SIDE SETBACK p 2 111I N 20' Ri AR SET 4CK o 99.10. — .. 5' SIDE SETBACK p S 64'20 2 E I .96' W I I LOT 51 x p Ilk3727' 20. 00, 20. 00, W 42.27' 20.00' 0.00' W N 64'4011 " W I� 20' RIAR SET CK W I I04 99.09 I I� LOT 22 LOT 23 LOT W ` rN l Z OI po r`� LOT 52 o N o I ° :m ro°; 24 16n chi h �5' SIDE SETBACK I h h 1V 64'40 Y � '..— I I 5' SIDE SE�908TBACK..7 LOT 53 I cYi I TM 53-A-63A I N 64,4071_A' N /F `` 99 WESTMINSTER- CAN TERBURY D.B. 597/312 I pp LOT 54 I N p ZONING: RP 1 � I p� 5' SIDE SETBACK I 15' SIDE SETBACK 1 p IU p p LOT 55 IE o 40 0 40 I I IV 99.05 ' Scale 1 " = 40 ft o In LOT 56', opo 25 FONT 9 � CK 27 77' 20. 00' .00' 6470;9 149.96' PRIVATE ROAD REIGN WAY INGREmEGRESS ESMNT. S 64',20;22" E 150.12' G�0 25.54' 20.00' 20.00' 0 25' FRONT SETBACK MA TCHLINE - SEE SHEET 12 of 21 I :LOT 29 LOT 30 31 L_ ` c.� 20rR R SET CK S 64.20;2,2"� E II 17911 ' �TH O,F � FINAL SUBDI VISION PLA T O up RE-GEV TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, I/IRGINIA aJ AVID PR I GGS DA TE.• JANUARY 11, 2016 L I c, 0001853 1VD 5`[lR�' 1506003 SHEET 10 OF 21 PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 110101111111111 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING Email: office@painterlewis.com com e 0 Inn Nf-MU !G — Jc arz: / 0 _ 20' Ri AR SET8 ICK iq O LOT 11 LOT 12 LOT 13 LOT 14 �i I �I 01 III h� � 25 FRI T SETBACK 20.00' 20.00' 20.OD25.00' G11 SHEET 2 & 5 OF 21 FOR AND LINE TABLE. S 94.20;22" E 170. 00' PRIVATE ROAD INGRESS/EAI E$yMNT. S 64'20;22" E 149.98' 20.00' 20.00' 20.00' 27.21 ' — 25' FR T SET CK _ a w LOT 1 >3, LOT 19, LOT 20I LOT 21 i U ff � of I I o oI OI of m: itsI ° 20' R S CK — _l ° I OPEN SPACE o — _ . ti ~ I 64.20 2" E 78.98' i2 .. 00' 20. 00' 20. 00' 41. 71 ' 20.00' 20.00 20.00' 36.71 ' / �IEL9 .41 Lqn 20' R1 AR SET ICK I - .—.. —.. ..—..� In 2 LOT 25 LOT 26 LOT 27 LOT 28: I� h �I al off, I ml � I 25' FR T SET CK 20. 00' 20. 00' 20. 00' 2 21 ' C1Ik S &FRO-22" E 149.98' PRIVATE ROAD REIGN WAY INGRESFEGRESS ESMNT. _ S 64.20 22E _150.12' 20.00' 20.00' 20.00' 24.57' �'.a O FRQNT SETBACK I• II� I� mj � LOT 32 LOT 33 LOT 34 LOT 35: 20' R.- II R S I CK tq SI 64'20 22 " E 179.11 ' MA TCHUNE - SEE SHEET IJ of 21 FINAL SUBDIVISION PLAT REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE.- JANUARY 11, 2016 1506003 SHEET 11 OF 21 I 1� I d, O I� I� ilt � Ikl� I t� I� 1� I I TM 53-A-54 I N/F IFINCHAM, BEATRICE E. 1 D.B. 311 /304 1 ZONING: RP I I I 1 I I I � I I � I I � 0 1 1 TM 53-A-61 N/F HIETT, RUSSELL 0., ET UX. 1 D.B. 336/39 ZONING: RP 40 0 40 Scale 1 " = 40 ft ,S,TH p�,,'�II v DAVID F. SPRIGGS L I c, No. 001853 /�/z1'` 04 -Nz*b - PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office®13 ainterlewis. com I^ N 0 W w z i _ MPI / nuivL - JCC J/7CC / if or L/ 0��,21L QP ' I_ 7' I I 20Ri AR �41 CK 1EL5LOT39 LOT 40 LOLOT 42 to /IEL4 TM 53-A-61 25' FR NT SET 4CK ry IEm I N/F HIETT, RUSSELL 0., ET UX. 0 I , ZONING: RP /39 20.00' 20.00' 20.00' 24.59' Gti / 8 642022 E 150.12 TE�3 OPEN SPACE I PRIVATE ROAD I cp INGRFS&EEE CIRCLE MWT. G0 cSs _ S_64.40.46" E 151.52' �7 G�\ `�•�• I _ 45.55' O.. 55 �� � S ✓` - ' - 25' FRONT SETBACK �1 25 LOT 66 1m ~ / 0G� Ln o �� , n Nr LOT 65 9 I p I� LOT 64 '�� a� G. 1_ ' V1 LOT 63 SErBpCK, 78,67�,. - Nl b 39.15 _jp 53.14 , ___ 434• 66 46.29_�-� 111 7 TM 53-A-63A - N/F WESTMINSTER-CANTERBURY D.B. 597/312 ZONING: RP NO TES. - 1. SEE SHEET 2 OF 21 FOR CUR ICE TABLE. 2. DISTANCES IN PARENTHESIS (XX) INDICA TE AE DISTANCES. FINAL SUBDIVISION PLA T RE-GEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DA TE.• JANUARY 11, 2016 1506003 SHEET 13 OF 21 40 0 40 Scale 1" = 40 ft —Or,TH 0p� v°�� AVID SPRIGGS LIc. 001853 �A w 0 4m��; PAINTER—LEWIS, P.L.C. Now 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: officesp ainterlewis. com MA TCHLINE — SEE `SK LOT 56 I 5' SIDE SETBACK J N 54VOY1 " i 99.04 P _i 40. 04' 00. 00�20 OD' O 20' R R SET CK_ 0 EN SPACE ~ •LOT 36 LOT 37 LOT I� 07. 08) � � i � 38 N 64,40 i1 " .JY 5'• SIDE• SET�CK ,�� ;� ( � LOT 57 h n tq 25' F ONT S CK 25.54' 20. 00' O. DO' I I N 19 04 3�� \� S 640'?0;22" E 150.12' 1 PRIVATE ROAD SAGE CIRCLE ES . LOT 58 1 S 64.40 46" E 151.5Z' R7 46' 45. 40' ,2.56' a0�� ` LOT 59 25' FRO T SETBACK 6/ 9 w OR I 5� LOT 600c':`y eq � hlhll � I ✓ LOT 61 h LOT 62 IOPEN SPACE `'� TRAIL SEMENTL I _ �434.66 I 143.18 N ?14 56'12 TM 53-A-63A N/F WESTMINSTER-CANTERBURY D.B. 597/312 ZONING: RP NO TES.- 1. SEE SHEET 2 & 5 OF 21 FOR CURVE AND LINE TABLE. 2. DISTANCES IN PARENTHESIS (XX) INDICA TE 77E DISTANCES. FINAL SUBDIVISION PLA T REGEV TS CRES T STONEWALL MA6157ER/AL DISTRICT FREDERICK COUNTY, VIRGINIA DATE:• ✓ANUARY 11, 2016 11506003 40 0 40 Scale 1 " = 40 ft SHEET 12 OF 21 O ��TH oF� r7�y v DAVID F, SPRIGGS L I c, No, 001853 PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: officesp ainterlewis.com N 0 W W i 4U 0 40 Scale 1" = 40 ft NORTH FREDERIECK PIKE C2. TFS• (U.S. ROUTE 522) EE SHEET 4 OF 21 FOR LINE (VARIABLE WIDTH R/W) CURVE TABLES ISTANCES IN PARENTHESIS (XX) CATE TIE DISTANCES. (11.00') (53'18') TM 53A—A-1 2 I 1 N/F WETZEL. JEFFREY D., I I I 1 ET UX. 1 I I I D.B. 760/1742 I ZONING: RP 1 1 I I I I T w I C3 CO TM 53A-A-11 1 p� N/F WETZEL, JEFFREY D., I I I f- ET UX. 1 w D.B. 760/1742 1 1 Cr ZONING: RP TM 53A-A-8 N/F LINTZ, RITA D.B. 731 /158 ZONING: RP MA TCHLINE SEE SHEET 16 of 21 FINAL SUBDIVISION PLAT REGENTS CREST STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DA TE.• JANUARY 11, 2016 1506003 SHEET 14 OF 21 TM 53-A-55 N/F SOVEREIGN HOMES, INC. INSTR. #040021274 ZONING: RP o 'gyp I,TH of v DAVID F, PRIGGS L I c. jJo. 001853 PAINTER-LEWIS, P.L.C. so 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 Zvi° Email: office@painterlewis.com L S /N PARENTHESIS (XX) E DISTANCES. i TM 53A—A-7 N/F PEACEMAKER, WAYNE J. TM 53A-2—A-5 I D.B. 320/335 N/F ALLEY, JOHNNIE JOSEPH III ZONING: RP INST# 0400018023 i ZONING: RP i N 0 -- -- -- -- -- -- (34'47�� W — — ----- / I TM 53A-2—A-6 I / 2 N/F CAMPBELL, BENJAMIN E. D.B. 218/552 / ZONING: RP / LOT 43 I Q � I I LOT 44 TM 53A-2—A-7 115.00� N/F McDANIEL, ROBERT L., ET UX. INST# 130006533 ZONING: RP ti I I vwi I -- -- -- —� LOT 45 J 40 0 40 Scale 1" = 40 ft TM 53—A-63A N/F WESTMINSTER—CANTERBURY D.B. 597/312 ZONING: RP LOT 46 MA TCHL/NE — SEE SHEET 18 of 21 FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DAM- - ✓ANUAR Y 11, 2016 �'p`LTH OF off' v DAVID F. SPRIGGS L I c, No, 001853 1506003 SHEET 15 OF 21-`*1*Nr- PAINTER- LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 E° c EE s Email: office@painterlewis.com MA MRINE - SEE SHEET 6 of 21 TM 53A-A-8 LINTZ, RITA L. I 40 0 40 I �� Scale 1 = 40 ft 6%% � I I= � TM 53-A-55 N/F SOVEREIGN HOMES, INC. INSTR. #040021274 ZONING: RP I I I TM 53A-A-7 J N/F I Dwn I PEACEMAKER, WAYNE J. D.B. 320/335 I ZONING: RP I fNoTES- I 1. SEE SHEET 4 OF 21 FOR LINE 1 AND CURVE TABLES 2. DISTANCES IN PARENTHESIS (XX) NDICA TE 11E DISTANCES. I STORM ESMT. BEARINGS & DI ANCES ARE PERIMETERS U. N.O. 61 LOT 43 (UEE5543 LOT�4 LOT �5 0 w � I LOT 46 (5.97') I (13.,24 ) (3.44') -% uci l UE37 w �UE'511 'I 0 I? LOT 1 SHEET 18 of 21 / OD I � 1 II C I I C) U Zs�o �iEll I$CIO/ IlL w /�ti 1 _ CI L — —UE6 �_IEC12 �S 26.31;20" 1Y N 60'56;24" K 7:11 - CIL 715 - C/L 20' STJV ESM7 20' STM ESAff.. Cg M UE40 w (14) UE38 UE41 if 7EM I UE42 UE45 IEIf� JUE46 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 w 00 l0 UE47 wl �- -I- J_ I 10 ACCES 1 �EAMEN — FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DA TF.• JANUARY 11, 2016 11506003 SHEET 16 OF 21 I - SEE SHEET 19 of � TH op C, DAVID SPRIGGS L i c. o, 001853 �b SURF PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office®p anterlewis.com It 0 40� Aj Z 2 Z TM 53-A-55 N/F SOVEREIGN HOMES, INC. INSTR. #040021274 ZONING: RP S6�51 .� g65¢ /g8 g9 5h f N 59'37 44 " G 35.95, �N 25.1036" E 23. BO' STORM MGMT. E.SMT. — V ' s —� 71.86" (N 05.5932" E 15.B3) -- -- -- I I 1506003 NEW CONSULTING ENGINEERS TM 53-A-54 N/F FINCHAM, BEATRICE E. D.B. 311 /304 ZONING: RP I I I I I - SEE SHEET 19 of FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGINIA DA 7 . ✓ANUARY 11, 2016 t VA _11 cale 11 " — 0 ft `.1i I I I ANCES /N PARENTHE TE 77E DISTANCES. RM ESMT. BEARINGS ICES ARE PERIUVE'R SHEET 17 OF 21 ,1,TH OF v DAVID F. SPRIGGS L I c, N .001853 � W PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 Email: office@painterlewis.com MATCHLINE - SE T 1 of 21 1MA MKII -SEE SHEET 7 Y of 21 NOTES [2. SEE SHEET 4 OF 21 FOR LINE I I I LOT 8 LOT 9 LOT 10 ND CURVE TABLES D/STANCES /N PARENTHESIS (XX) LOT 47 I INDICATE AE DISTANCES. i I o I I I J. STORM ESMT. BEARINGS & — — I tuj o I DISTANCES ARE PER/METERS U. N. O. I UE58 I ( �2,2'.2ii�Z2" E S '' 822 E I 1 LOT 48 1 r 6` ' I E � 1M..11 -11 III k 5.0-0 UE(E529 N 70' 04 M.361 .16�UE73 LOT 49 'N�703J04ST446M (21.U10)ES- -IT ESMT� 1 ESMT / S 2513 CN 38" W I I � ESMT STY LOT 15 ILOT 161 LOT 17 I 50 LOT I I I I N 67-46rY9" Try I ., ( S 61146Y90 E I N I 17.50' - CIL ,20' I R I 4.36' - ATM ESMT. I S k ESMT •• o UE70 UE71 0 10'A LESS o ,6 EASE IENT I I j (15.82') W LOT 51 I 2 (2.59') tn I I N 62'46 08" F I 7.,25' - C/L M' I I Do LOT 22 LOT 23 LOT I STY ESMT. I w A 64'20 22" E 24 LOT 52 I ( .O4) I 5.54' - 13 M ✓ ESMT. I w� mow. UE85 64'40 " E LOT 53 I I w 5 - I I UE29 573( E — - IB' 3'42" lY TM 53-A-63A I — — W 20.85 -ESSM UE87 N /F I D WESTMINSTER-CANTERBURY D.B. 597/312 ZONING: RP I I LOT 54 UE27 I IUE112 _ I UE89 40 0 40 I W I w I ( I I I w 10i „ ,� I LOT 55 I 4 5'08" E (I = Scale 1 = 40 ft (, I N 40.2 ' - C/L I 120' AAM ESMT I LOT I I I LOT 29 LOT 30 31 15.00 L UE24 LOT 56 UE2 67M_'— I l MA TCHLINE - SEE SHEET 20 of 21 F/NAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL D/S7PICT FREDERICK COUNTY, WRGINIA DAM- ✓ANUARY 11, 2016 11506003 SHEET 18 OF 21 �0LTH OF 71 .°� 2 DAVID F. SPRIGGS L i c, No, 001853 PAINTER- LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office@p ainterlewis. com LOT 111LOT 121LOT IE - SEE ET 1� 13 LOT 14 I I � I I I I I I UE57 s4 3�22 6,2.11 ' STM AMMT (1B.z99 UE63 0 cD UE610 WI Io UE65 I LOT 18, LOT 191 LOT 201 LOT 21 uj 1 1II 1 1 N w O q� 10' AC CESS o EASEM ENT v W h y S 64'0 9. 78' ILOT 251LOT 26 II —" 6 96 E - STM W ESMT. LOT 27 LOTe 28 I ~ 1 1 1 I N II75.38;2r" E — 14 STM MT UE8584'40 — z" E z0.SSTT M rn O 1' v 1 -I I I I 1 I ML10 s z�ls9 sa" 6.561 - C/L ;20' STM S.VT I -UE6 I I I �I I I 1 I I I J IZELY 1Ll� EL6 h 1E TEL7 UE79I UE80 UE81 I UE82 S z5.3�'3B" fY 1 6.63' C/L ?I, STM E.SiT � UE93 I 1 I IEL5 �UE95I I aM I V. I I LOT 32 LOT 33 LOT 34 LOT 35 1 ' ACCESS o SEA NT ,L - I I MA TCHLINE - SEE SHEET 21 of 21 NOTES• 1. SEE SHEET 4 OF 21 FOR LINE AND CURVE TABLES 2. DISTANCES /N PARENTHESIS (XX) IND/CA TE 77E DISTANCES. 3. STORM ESMT. BEARINGS do DISTANCES ARE PER/METERS U.N.O. (16.17) w D UE89 w (2.69') --) I I I FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DA TF• ,IANUARY 11, 2016 1506003 SHEET 19 OF 21 TM 53-A-54 N /F FINCHAM, BEATRICE E. D.B. 311 /304 ZONING: RP I i I I 1 I 1 I 1 I I I I 1 TM 53=A-61 I N/F HIETT, RUSSELL 0., ET UX. 1 D.B. 336/39 ZONING: RP 40 1 0 40 Scale 1 " = 40 ft qw LT'PH o ON O� DAVID F. SPRIGGS L I c, No1001853 PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office®p ainterlewis. com C. nsr+ �nuivt — SCE SHEET f8 O ►� LOT 56 + 25.001 r? 10ICG _���+d, e�y+— cJ EA EMEJT I N 4Z'15'08" E 40.26' - CA cv � LOT 36 LOT 37 LOT I v 20 • .5?! Ester 1 E138 3 U10 Fj UA 09 Ft2 to 34.B9 UE1b8 1500LOT 57' ^o UE104 N LW LO 1 ' \ Og W W Ii LOT 58 Cr' \ _ W I / UE20 Li j I LOT 59 UE21 UE18 / UE191-1 LOT 60 I 1 I \ � 1 LOT 61 ' LOT 62 I I I T o TRAIL FASEME ci _ TM 53-A-63A N/F WESTMINSTER-CANTERBURY D.B. 597/312 ZONING: RP eNO TES.- 1. SEE SHEET 4 OF 21 FOR LINE AND CURVE TABLES. 2. DISTANCES IN PARENTHESIS (XX ) INDICA TE 77E DISTANCES. J. STORM ESMT. BEARINGS & DISTANCES ARE PERIMETERS U. N. 0. 1506003 CONSULTING ENGINEERS FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DAM ✓ANUARY 11, 2016 40 0 40 %?6%iiiiii Scale 1 " = 40 ft SHEET 20 OF 21 o�� LTH GF D� v DAVID . PRIGGS L i c, No, 001853 � I/� zll� o SU 4 PAINTER-- LEWIS, P.L.C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 Email: office@painterlewis.com 0" 0 N W Z W h i - — — — mr� i ncirvt -SEE SH£ o• 10' ACEC/E7SS co I 1 LOT 39 LOT 40 LOT 41 LOTEM42 f 1 I w I I 1 M /I w UE97% TM 53-A-61 UE104 g M3 1 N/F HIETT, UE99 II 1 RU0., � w ET U /f ET X. D.B. 336/39 ZONING: RP UE102 O 1 7UE16 - UE14 UE15 I D \ I UE1 -LOT 66 � UE13 I LOT 65 \ i \ I LOT 64 / LOT 63 I _ ,- I `� TRAIT- EASS ENT N _ TM 53-A-63A N/F WESTMINSTER-CANTERBURY D.B. 597/312 ZONING: RP NO TES.- 1. SEE SHEET 4 OF 21 FOR LINE AND CURVE TABLES 2. DISTANCES IN PARENTHESIS (XX) INDICATE 77E DISTANCES J. STORM £SMT. BEARINGS & DISTANCES AR£ PERIMETERS U. N. 0. FINAL SUBDIVISION PLA T REGEN TS CRES T STONEWALL MAGISTERIAL DISTTICT FREDERICK COUNTY, 19RGINIA 40 0 40 Scale 1 "_ = 40 ft �'p`LTH pF DAVID F. SPRIGGS DA TE.• JANUARY 11, 2016 L I c, No. 001853 1506003 SHEET 21 OF 21 PAINTER- LEWIS, P. L. C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 ON UL ENGINEERS Email: office@painterlewis.com VAIN", FROMERICK OOUNTY.S� - s#r &gwas.produced to me on 'Aid WO awfficaft acknGwledgem, ent thereto annexed IM by . Tm ed by Sec. 58.1-802 of &..!�1La.p vse been paid, if assessable. -$A. " , Gerk ,&Wa,+s f �2es-f n�ha, S OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 03/25/16 TIME: 13:50:53 ACCOUNT: 069CLR160002506 RECEIPT: 16000005564 CASHIER: KJS REG: WE17 TYPE: DEC PAYMENT: FULL PAYMENT INSTRUMENT 160002506 BOOK: PAGE: RECORDED: 03/25/16 AT 13:50 GRANTOR: JENNINGS INVESTMENTS LLC EX: N LOC: CO GRANTEE: REGENTS CREST PROPERTY OWNERS ASSOCIATION INC EX: N PCT: 100% AND ADDRESS : RECEIVED OF : YOST DATE OF DEED: 03/15/16 CHECK: $36.00 DESCRIPTION 1: ST DIST PAGES: 11 OP: 0 2: REGENTS CREST NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: PIN: 301 DEEDS 28.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 442 TRANSFERS TO 113/31 1.00 TENDERED 36.00 AMOUNT PAID: 36.00 CHANGE AMT : .00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 G"7 9342 EBY/cmj DECLARATION OF COVENANTS. CONDITIONS. AND RESTRICTIONS REGENTS CREST THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of the 15' day of March, 2016 by and between JENNINGS INVESTMENTS, L.L.C., a Virginia Limited Liability Company, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and REGENTS CREST PROPERTY OWNERS' ASSOCIATION, INC., a Virginia Non -Stock Corporation, its successors and assigns (me "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 town home community in accordance with the Frederick County Zoning ordinance. The Property is located in Frederick County, Virginia and contains 9.9041 acres as shown on that certain FINAL SUBDIVISION PLAT OF REGENTS CREST, drawn by David F. Spriggs, L.S., dated January 12, 2016, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number t o000 2 5a 5 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 all of which shall be shown on deeds of dedication and subdivision hereafter recorded. 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 form, 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 dated. E. The Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, Regents Crest Property Owners' Association, Inc. for the purpose 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 me use of any Common Area and facilities; and fiather, 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 C: C1.) C-1 with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, (heir 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 Regents Crest 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 Jennings Investments, L.L.C., and its successors or assigns CO to whom Jennings Investments, L.L.C., assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant Such an assignment shall only operate as to the land, which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. 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. C. S. Jennings Construction, Inc., a Virginia 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 within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Section 8. "Federal Agencies" shall mean the Veterans Administration ("VA"), Federal Housing 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 form in Article H below. Section 11. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or Common Area who has notified the Association of this fact in N 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 as Instrument Number I (,,WO,2505 ; as well as the plats of survey attached to future deeds dedication and subdivision of portions of the Property. Section 14. "Property" shall mean and refer to that certain real property containing 9.9041 acres and being described in paragraph A of the recitals to this declaration, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. ARTICLE H 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 Member. 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 11. Class B: The Class B Members shall be the Declarant and C. S. Jennings Construction, Inc., The Class B Members shall be entitled to four (4) 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 four (4) mouths after the total votes outstanding in the Class A membership equal the total votes outstanding in die Class B membership; or (b) sixty (60) days after the Declarant abandons construction (i.e., no new dwelling construction has been initiated for a period of twelve (12) 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 herein above provided, Class B membership shall be revived with respect to all Lots owned by the Declarant and by C. S. Jennings Construction, 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: W (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 of twelve (12) months in the annexed property, unless there is evidence of continuing construction). Section 3. Multiple Ownership Interests. If more than one (1) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the Owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case me 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. F\�Eli �1 ill'/ 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 (b) the right oftre 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, then 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 to borrow money for the improvement maintenance or repair of the Common Area or facilities and in aid thereof, with the assent of at least three -fourths (3/4) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, to mortgage the Common Area, subject to this Declaration and the easement of enjoyment created hereby, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby, and shall not be in conflict with its designation as "open space"; (e) the right of the Association at any time, or upon dissolution of the Association, 4 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 man 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 die 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; (iv) be consistent with the then -existing ordinances of the County; (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 Z CD C 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 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant its, 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 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 ous portions of the property subdivided. (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 $70.00 per month per 2 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 form 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 man 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 ssociation may levy, in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other specified purpose (the "Special Assessment"). The Special Assessment shall be levied against all of the Lots in each Section which benefit from the Special Assessment, pro rata according to each Section's benefit the amount of the Special Assessment shall be the same for each Lot in any Section, but need not be uniform with the Special Assessment imposed on Lots in other Sections. 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 $250.00 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 ofAssessment and Certificate. Written notice ofthe 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 ofpayment 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 7 G7 CD 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, (d) accelerate the due date of the unpaid Assessment so that the entire balance 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 perfonn 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 which thereafter become due or from the lien i xmf 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 laird or improvemcrits devoted to dwelling use shall be exerrrpt from said Assesste except as staked in Section 7 above. Section 12. Notwithstanding anything to the contrary, the Declarant and Builders shall not be Section 13. Reserves for Replacernents. 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 fond 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 ofthe 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. 8 ARTICLE VI 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 snowing the location ofall 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 me Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a mariner 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 (2 1) 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 Lot and all appurtenances thereto in good epair and in a state of neat appearance. Except for flower gardens, shrubs and trees, which shall be neatly maintained, all open lot areas shall be maintained in lawns or other materials approved by the Architectural Review Board. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed or planted without the approval of the Architectural Review Board. As stated above, the Association has the right to enter upon a Lot to maintain the same, after giving the Owner at least fourteen (14) 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 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 E tr C=1 CID C.- be illuminated All Permitted Signs advertising a Lot for sale or rent shall be removed within three (3) 1 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 permitted by law, the following antenna are prohibited on a Lot: exterior antenna for the transmission of radio or television signals, exterior "dish" antenna for the reception of direct broadcast satellite service that are larger than one meter (39.37 inches) in diameter, and exterior antenna for receiving video programming services via wireless Cable that are larger than one meter (39.37 inches) in diameter or diagonal measurement The Architectural Review Board may adopt further rules and regulations regarding location, placement and screening of exterior antenna and satellite "dish" antenna. 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 st<uctures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction, In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to ,remain in damaged condition for longer than three (3)' months. Section 14. No fence or enclosure shall be allowed except for divider fences between units and any such fence must be 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. Pickup trucks are allowed. Section 17. No recreational vehicles or equipment, such as but hot 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. 10 17 Of) 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 must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Any failure by any tenant to comply with the 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 constriction of improvements on the Property by the Declarant or its respective assigns. The Declarant or its respective assigns may, during its constzuction and/or sales period, enact, 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 ldng or structure now or hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding is Article as it may from time to time consider necessary or appropriate. Section 22. No garage may be converted into living space. ARTICLE VII ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more nbers. Members shall serve staggered three (3) year terms as determined by the Board of Directors. long as the Declarant or C. S. Jennings Construction, Inc., owns any Lot within the Property, the hitectural Review Board shall consist of two (2) committees: the New Construction Committee and Modification and Change Committee. When the Declarant and Dan Ryan Builders Mid -Atlantic, no longer own any Lots within the Property, the New Construction Committee shall be terminated. 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 meeting of the Modification and Change Committee of the I Architectural Review Board following each Annual Meeting of Members, the Modification and Change Committee shall elect from among themselves a chairman, a vice-chairman and a secretary who shall perform the usual duties of their respective offices. Section 5. Duties. The Committees of the Architectural Review Board shall regulate the external design and appearance , of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the period. the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the 11 r�. Property. The Modification and Change Committee shall regulate all modifications and changes to existing Lots and improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for alterations or additions to Lots; (b) periodically inspect the Property for compliance with the Board of Directors; (c) adopt architectural standards subject to the confirmation of the Board of Directors; (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. I 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. - 41-1 _0�__ LIII 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 be exercised only during reasonable daylight hours and then, whenever practicable, only after advance ;e to, and with the permission of, any Owner or tenant directly affected when not an emergency situation 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 accommodating any 12 encroachment due to engineering errors, errors in original construction, settlement of 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 mat 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 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 nonexclusive 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. Section 6. There is reserved to the Declarant a non-exclusive easement over all Lots and the i Area for the purpose of correcting drainage, sidewalk installation, regrading, maintenance, landscaping, , and erecting street intersection signs, directional signs, temporary promotional signs, entrance , 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. Section 7. There is reserved to the Declarant an easement and the right to grant and reserve Is 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 acceptance of public streets for state maintenance with respect to the Property. 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 form; 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 13 c-� 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; (0 to exercise all rights, responsibilities and control over any easements which the Association may from time to time acquire, including, but not limited to, those easements specifically reserved to the Association in the Articles entitled "Easements" herein; (g) to create, grant and convey easements 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 necessaiy 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, p) 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 seven (7) 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 make 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 14 (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, and duties: (a) to accept title to the Common Area and to hold and administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots; (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 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, entrance ways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including, but not limited to, fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) 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); (0 to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. ARTICLE X RIGHTS OF MORTGAGEES All Mortgagees shall have the following rights: Section 1. Notice. A Mortgagee shall be given written notification from the Association of the 15 r-, f following: (a) any proposed action that would require the consent of a specified percentage of Mortgagees; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any condemnation or casualty loss that affects either a material portion of the Property or the Lot that is the security for the indebtedness due the Mortgagee; and (d) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. Section 2. Unpaid Assessments. Any Mortgagee who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust, or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure will not be liable for such Lot's unpaid dues or charges which accrued prior to the acquisition of title to the Lot by the Mortgagee. Section 3. Books and Records. A Mortgagee shall have the right to examine the books and of the Association during normal business hours and upon reasonable notice to the Association. Section 4. Notice. As outlined in later sections of this Article, Mortgagees shall have the right, upon [uest, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as fined by the Federal National Mortgage Association); (b) any material amendment to the Declaration, the Bylaws the Articles of Incorporation; and (c) if professional management has been required by a Mortgagee, the decision Association to terminate such professional management and assume self -management. Section 5. Rights. Provided that improvements have been constructed in the Common Area and rovided 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 Property, then such Mortgagee shall be further entitled to the following rights: (a) 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: (1) 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; (ii) use hazard irisurance proceeds for losses to the Common Area or other Association property for other than repair, replacement or reconstruction of such property; (iii) add or amend any material provision of this Declaration or related Association documents concerning the following: voting rights of any Member, 2. assessments, assessment liens, or subordination of such liens; 3. reserve for maintenance, repair and replacement ofthose parts of the Common Area that may be replaced or require maintenance on a 16 periodic basis; 4. insurance or fidelity bond; 5. responsibility for maintenance and repair of the Property; 6. 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); 7. leasing of Dwelling Units; 8. impositionofanyright offirstrefiasal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; 9. a decision by the Association to establish self -management when professional management has been required previously by a Mortgagee; 10. restoration or repair of the Property after a hazard damage or partial condemnation; 11. 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; 12. converting Lots into Common Area or vice versa; 13. termination of the legal status of the Association after substantial destruction or condemnation of the subdivision occurs; and 14. any provisions that are for the express benefit of Mortgagees; (iv) 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 within the meaning of this clause; and (v) 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 maintenance of the Common Area, common fences and driveways and the upkeep of lawns and plantings in the Property. An addition or amendment to this Declaration or related Association documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request (b) 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 Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. (c) 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 17 (d) In the event that there is a condemnation or destruction of the Common Area or other Association property, to the extent practicable, condemnation and insurance proceeds shall be used to repair or replace the condemned or destroyed property. (e) 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 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) The Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request (g) 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 project for reasons other than substantial destruction or condemnation of the Property. (h) The Association shall. cause the immediate repair, reconstruction or renovation of any damage to the Common Area unless a decision not to repair, reconstruct or renovate is approved by all Mortgagees. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative, and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability; Headings; Conflict Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. Section 3. Duration; Amendment The covenants and restrictions ofthis Declaration shall run with ind 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 from 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 members. 18 •- 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 man the Declarant, and thereafter may make any amendment required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Admir istration, 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 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 for maintenance, preservation and architectural control of Lots and Common Areas within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members; provided, however, that no such consent is required for the annexation by the Declarant of all or an), part of any real property acquired by Declarant as anticipated herein, or otherwise. Upon the Declarant's purchase of any Phases as set forth herein, said Phases and the Lots therein shall be automatically annexed within the Association, and subject to this Declaration. Any future improvements on the annexed property must be consistent with or better than the initial improvements on the Property in terms of quality, design and construction and comparable in style, size and cost. Section 7. Withdraw able 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. (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 then 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". Section 10. FHA/VA IA/VA Approval If any of the Lots are security for a loan guaranteed or insured by VA or FHA, and ifthere is a Class B Member, the following actions will require the prior approval ofthe FHA or the VA: (a) mergers, consolidations and dissolution of the Association; c. . 0 UD —i 19 (b) mortgaging or conveyance of the Common Area; and (c) amendment of this Declaration. ARTICLE XII PARTY WALLS - PARTY WALLS AND FENCES Section 1. The general rules of law regarding party walls and liability for property damage to negligent or willful acts or omissions shall apply thereto, except to the extent that such general Hiles tw have been modified in this Declaration. Section 2. Upkeep. The Owners served by a parry wall shall provide for the upkeep and maintenance of the party wall and shall share equally all of the cost and expense of its upkeep except as otherwise provided in this Article. If a party wall is destroyed or damaged by fire or other casualty, the Owners served by the party wall shall share equally the costs of the repair or relocation thereof except as otherwise provided in this Article. No Owner shall impair the structural integrity of any party wall or iminish the fire protection afforded by any party wall. Section 3. Cost of Upkeep, Repair or Restoration. The following procedures shall be followed in connection with the upkeep, repair or restoration of any party wall. (a) Notice to Other Owners. Any Owner served by the party wall shall notify the other Owner(s) served by the parry wall of any proposal to maintain, repair or restore any party wall. If within ten (10) days after such notice (or in an emergency, within twenty- four (24) hours after such notice or a bona fide attempt to give such notice) the other Owner has not responded to the notice, then the Owner giving notice may proceed with the repairs. Such repairs must be substantially similar to the original construction and installation of the party wall and of first class quality, but may be made with contemporary materials. (b) Cooperative Action. If the other Owner served by the party wall responds to the notice, the Owners shall act together to maintain, repair or restore the party wall The Owners shall attempt in good faith to agree upon the action to be taken, (c) Contribution of Cost. If any Owner maintains, repairs or restores a party wall in accordance with this Section, then the other Owner shall contribute one-half (`/z) of the cost thereof. An Owner may, however, demand a larger contribution from the other Owner or refuse to contribute one-half ('/z) of such costs, under any rule of law or equity regarding liability for negligent or willful acts or omissions. Any Owner's refusal to contribute one-half ('/z) of the costs of the maintenance, repair or restoration of a party wall shall be subject to arbitration. (d) Association Rights. To the extent that any failure to maintain, repair or restore a party wall affects the use and enjoyment of any Common Element, any Limited Common Element or appearance of the Property, the Association may participate in the maintenance, repair or restoration of the party wall and, in an emergency situation threatening life or property, may make such repair without notice to the Owners. The Association may assess the cost of such maintenance, repair or restoration against the Owners responsible for the damage or benefitting from the maintenance, repair or restoration pursuant to Article VII, §-5 and 6 hereof. Section 4. Liability. Any Owner, who by a negligent or willful act or omission, causes or permits a wall to be damaged shall pay the cost of repairing or restoring such party wall to its condition prior to such Section 5. Fences and Other Barriers. The provisions of this Article pertaining to party walls shall also govern any fence, other barrier or shared improvement originally installed bythe Declarant (except for fences or barriers installed in connection with consm tion activities) and to any replacement thereof authorized NX by the Board of Directors or the Architectural Review Committee; otherwise, the upkeep of any fence, other barrier or improvement shall be the responsibility of the Owner installing such fence, barrier or improvement unless (different arrangements are agreed to by the adjoining Owners. Section 6. Right to CormbWon Runs With Land Rights and duties of contribution set forth in this Article and any such rights and duties arising under the laws of Virginia shall run with the land and bind successors in interest This Article shall not prejudice any right of a successor in interest to recover any amount from a predecessor in title for which such predecessor was liable. Any rights of contribution set form in this Article shall constitute a lien in favor of any Owner entitled to contribution against any Owner obligated to pay such contribution. Until fully paid and satisfied, the lien shall apply to and encumber all of the Lots that were owned, as of the date when payment was due, by the Owner from whom payment was due, and shall also apply to and encumber any and all Lots thereafter acquired by that Owner from the time such Owner becomes the Owner thereof. The lien created by this Section shall be prior to all liens and encumbrances, except Mortgages, real estate taxes and other charges levied by governmental authority made superior as a matter of law, and the Association's lien established in Article 5, § I hereof. WITNESS the following signatures and seals: JENNINGS INVESTMENTS, L.L.C., a Virginia Limited Liability Company By: AL) CHRISTOPHER S. J 4MANA6GER/MJEER S of Virginia City Winchester, To -wit: I, Cathy M. Jewell, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Christopher S. Jennings, Manager/Member, a duly authorized officer of Jennings Investments, L.L.C., name is signed to the foregoing Real Estate Contract, bearing date the 15'' day of March, 2016 1has this day personally appeared before me and acknowledged the same. Given under my hand this 15"' day of March, 2016. G .•'........ NOTARY' W s �.;`° PtJryLlC w REQ. #1350,37 •: h1Y CON?^hisslor. Notary Public ViK611NIA: Ffc"DERICK COUYI Y.S("1. This instrument of writing was produced to me on _3`2.5-4So at 1'.S-, WM and with certificate acknowledgement thereto mm xcd was admitted to record. Tax imposed by Sec. 58.1-802 of $_.. -, and 58.1-801 have been paid, if assessahlt� t��*4 Clerk 21 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 25, 2016 John Lewis, PE Painter -Lewis, P.L.C. 817 Cedar Creek Grade Winchester, Virginia 22601 RE: Regents Crest Property Identification Number 53-6-1 though 28 RP (Residential Performance) Zoning District Dear Mr. Lewis: This letter is to confirm that the plats for Regents Crest have been approved on March 25, 2016. This subdivision allows for the development of 24 single-family small lot dwellings and 42 townhouses. The appropriate construction guarantee, copy of the plats, and deed of dedication have been received. Attached are six (6) copies of the approved plats for your records and distribution. Please return a copy of the recorded plat to this office. If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/dw cc: Judith McCann -Slaughter., 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 Diane Walsh From: Sent: To: Cc: Subject: Attachments: Tracking: Diane Walsh Thursday, April 07, 2016 10:46 AM Judy McCann -Slaughter; Gary Oates; Stan Crockett Mark Cheran Regents Crest Subdivision Regents Crest Approval Letter Plats.pdf, Regents Crest Approval Letter Subdivision Design Plan.pdf Recipient Judy McCann -Slaughter Gary Oates Stan Crockett Mark Cheran Jane Anderson Ellen Murphy Delivery Delivered: 4/7/2016 10:46 AM Delivered: 4/7/2016 10:46 AM Delivered: 4/7/2016 10:46 AM Delivered: 4/7/2016 10:46 AM Please find attached the above -referenced approval letters for the Regents Crest Subdivision. If you have any questions, please do not hesitate to contact Mark. If you have already received copies of these letters, please disregard this e-mail. Diane Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 dwalsh(a,fcva.us 1 Diane Walsh From: Microsoft Outlook To: Mark Cheran; Judy McCann -Slaughter Sent: Thursday, April 07, 2016 10:46 AM Subject: Delivered: Regents Crest Subdivision Your message has been delivered to the following recipients: Mark Cheron (mcheran@fcva.us) <mailto:mcheran@fcva.us> Judy McCann -Slaughter (islaughter@fcva.us) <mailto:islaughter@fcva.us> Subject: Regents Crest Subdivision Diane Walsh From: Microsoft Outlook To: Jane Anderson; Ellen Murphy Sent: Thursday, April 07, 2016 10:46 AM Subject: Delivered: Regents Crest Subdivision Your message has been delivered to the following recipients: Jane Anderson (ianderso@fcva.us) <mailto:ianderso@fcva.us> Ellen Murphy (emurphy@fcva.us) <mailto:emurphy@fcva.us> Subject: Regents Crest Subdivision Diane Walsh From: Mail Delivery System < MAILER- DAEMON @co.frederick.va.us> To: scrockett@vit.org Sent: Thursday, April 07, 2016 10:46 AM Subject: Relayed: Regents Crest Subdivision Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: scrockett@vit.org Subject: Regents Crest Subdivision Diane Walsh From: Mail Delivery System < MAILER- DAEMON @AOL.com> To: Greywolfeinc@aol.com Sent: Thursday, April 07, 2016 10:46 AM Subject: Expanded: Regents Crest Subdivision Your message has been delivered to the following groups: Greywolfeinc@aol.com Subject: Regents Crest Subdivision COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 Nee �) / c� /. eIJ5 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 Mark Cheran From: Rod Williams Sent: Monday, March 21, 2016 9:12 AM -To: ! Mark Cheran Subject: Regents Crest Mark, I have reviewed the Deed of Dedication and Covenants for Regents Crest and have the following comments: �+ On the Deed of Dedication, the section re the FCSA easements refers to "OWNER", but the previous defined term in the document was "Declarant". This should be made consistent. • Both the Deed of Dedication and the Covenants refer to and bind the POA, Regents Crest Property Owners Association, Inc., but the State Corporation Commission records do not show that it has been created yet. This needs to happen before the documents are recorded. e/ The Covenants appear to have been produced from a scanned document and, as a result, contain numerous typos, the most notable being that "that" appears as "mat" and "this" appears as "mis". Too many instances of these to note all here, but an example is in paragraph d at the bottom of page 4. The applicant would be well-advised to run a spe�Feheck~and to search for incorrect words such as "mat". iV On the plat, page 1, the Surveyor's Certificate is incorrect in its reference to the origin deed. It refers to a 2003 deed, which, upon review of that deed, appears to be for a different Jennings development. It appears that the reference in Article One of the Deed of Dedication is correct and should be used on the plat. I have the' papers in my office for you or I can drop them off. M Roderick B. Williams County Attorney County of 'Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us Page 1 of 1 Cathy Jewell From: <sccefile@scc.virginia.gov> To: <catjewell@comcast.net> Sent: Wednesday, March 23, 2016 9:05 AM Subject Regents Crest Property Owners Association, Inc. We have received your PDF submission with the information below. You will receive further notice when the submission has been reviewed. Document Type: Articles of Incorporation (New Virginia Nonstock Corporation) Company Name: Regents Crest Property Owners Association, Inc. Submitted Date: 03/23/2016 09:05 AM Document Control Number: 1603235319 Amount Paid to SCC*: $275.00 Shares: N/A Requested Processing: Same Day Evidence Return: Email Contact Name: Edwin B. Yost Firm Name: Edwin B. Yost, P.L.C.t/a McKee & Butler, P.L.C. Address: 112 South Cameron Street Winchester, Virginia 22601 United States of America Email: catjewell@comcast.net Phone: (540) 662-3486 *Does not include convenience fee charged by our payment processing vendor. Comments? Take our brief survey to provide feedback. 3/23/2016 Page 1 of 2 Cathy Jewell From: "Official Payments - Customer Service" <customerservice@official payments.com> To: "Edwin Yost" <catjewel l@comcast. net> Sent: Wednesday, March 23, 2016 9:04 AM Subject: Confirmation of Payment 11ep °® OFFICIAL 1 PAYMENTS Dear Official Payments Customer: Thank you for selecting Official Payments Corporation for electronic payment of VA SCC Clerk's Office. Your payment of $275.00 was sent to Virginia State Corporation Commission (SCC) on 03-23-2016. Your confirmation number is 128340. To check the status of your payment, visit the Official Payments Corporation Web site at https://www.officialpayments.com/pc_paym.jsp. Please be prepared to provide your e-mail address catjewell@comcast.net and one of the following two items: -Your confirmation number, 128340 so -The last four digits of the card you used for payment, 1000 To become a registered user of Official Payments Corporation, enabling you to access your complete tax and fee payment history, visit our web site at http:,//www.officialpayments.com/pc_sign.jsp. Again, thank you for using Official Payments Corporation. We hope you enjoy the convenience, cash management, and payment card benefits earned from your payment. 3/23/2016 Page 2 of 2 Customer Service Official Payments Corporation Questions? Call toll -free 1-800-487-4567. Make a payment See what I can pay 0 Log in to My Account Official Payments 6060 Coventry Drive Elkhorn, NE 68022 www.OfficialPayments.com IWA This email message and any attachments are intended only for the use of the addressee named above and may contain information that is proprietary and confidential. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you received this email message in error, please immediately notify the sender by replying to this email message or by telephone. Thank you. 3/23/2016 PDF Submission Confirmation Page 1 of 1 Please note: The SCC website will be unavailable Thursday, March 24, from 6 p.m. until 10 p.m., for system maintenance. We apologize for the inconvenience and appreciate your patience. Alert to corporations regarding unsolicited mailings from VIRGINIA COUNCIL FOR CORPORATIONS is available from the Bulletin Archive link of the Clerk's Office websil SCC eFile PDF Submission Confirmation We have received your PDF submission with the Information below. You will receive further notice when the submission has been reviewed. An email with this information will be sent to the SCC eFile account and the contact email address. Document Type: Articles of Incorporation (New Virginia Nonstock Corporation) Entity Name Regents Crest Property Owners Association, Inc. Submitted Date: 03/23/2016 09:05 AM Document Control Number: 1603235319 Amount Pal to SCC*: $275.00 Evidence Re urn: Email Contact Name: Edwin B. Yost Firm Name: Edwin B. Yost, P.L.CA/a McKee & Butler, P.L.C. Addressl: 112 South Cameron Street Address2: City: Winchester State: Virginia Zip Code: 22601 Country: United States of America Email: catjewell@comcast.net Phone: (540) 662-3486 * Does not include the convenience fee charged by our payment processing vendor Screen ID: e8110 https:Hsccefile.scc.virginia.gov/Order/SQMC93AELGVY/Confirmation 3/23/2016 SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA 91u 6 � 911 _ Office Use only - Date: Application #: MDP: des no If no, has thCMDP requirement been waived by the Planning Director?: __yes no IDP bps been waived, fill in the following public meeting dates for the final plats: PC Meeting Date BOS Meeting Date 1. Applicant: Name: Le,&..tr Ac.c__ Telephone: s4v-c.c z- s�SZ Address: e c 6-0,4-m evz cgvxc 4p-, s 7-4sr- ! z w i.vc s7�vi k44 z Z to o 2. Property Owner (if different than above) Name: Z7jycsj-ie h- ce-c. Telephone: S4a - -)t Z - 4 39 s Address: P. p. ,3 a,* 3 r& o atv/^-G.fCri.tt. 444 Z 7-4- o If--- 3. Please list names of all owners, principals, and/or majority stockholders: 4. Contact person if other than above Name: Drw , D S pA� t. t. L f Telephone: 5. Name of Proposed Subdivision: (L EG <--rz eF S / 6. Number of Lots: G 7. Total Acreage: I. go ¢Z .4 e- 8. Property Location: 7-,?,4 F.4 L g .9rL 5� <. F . dfi� 11ov7-t= sz Z / A-, 5 &.-., s �,d E F ai Eck c O vtiy� !�i'f (Give State Route # and name, distance and direction from intersection) Z 9. Magisterial District: 5�'a.�-4F --L 10. Property Identification Number (P.I.N.): 53 — G _ _ / Z"p, (Parent Tract) 11. Property zoning and present use: 12 P — l�iac,r?- 12. Adjoining property zoning and use: USE ZONING North 2TE s z 1— ... /,g 27F s Z East ✓.+c.wT,/s.,. b "" A- �P South izr fIa West /Zp 13. Has a Master Development Plan been submitted for this project? LlYes nNo 14. If yes, has the final MDP been approved by the Board of Supervisors? Dyes nNo 15. What was the Master Development Plan title? �16. Does the plat contain any changes from the approved MDP? ElYes _ONO 17. If yes, specify what changes: 18. Minimum Lot Size (smallest lot): 0. v.3 B 5 see .--Ts z. 3 — Z 7 19. Number and types of housing units in this development: Tor✓- dy ^- E( 'd Z N ✓PL,&-*- Z4-- I h ave r ead t he m aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b y t he Frederick C ounty Planning Department. I also understand that all required material will be complete prior to the subm*on of my site plan. Signature: / Date: 10 FINAL PLAT CHECKLIST The s ubdivider s hall be required t o s ubmit a de ed of de dication, a c opy of all c ovenants a nd restrictions, an estimate of all public improvements, all required guaranties for improvements and all f inal pl ats to the S ubdivision A dministrator. A 11 f inal pl ats s hall be dr awn t o a s cale acceptable to the Subdivision Administrator. T he following checklist is provided to assist the applicant in ensuring that all required information is provided. The form must be completed and submitted with the application and other required subdivision materials. If any of the items listed below a re not i ncluded with t he in aterials s ubmitted, your a pplication will not be c onsidered complete and will not b e ac cepted for filing. C heck with the planning staff if you feel s ome element on t he 1 ist doe s not a pply t o your s ituation. A 11 pl ats s hall contain t he f ollowing information: / Title ("Final Subdivision Plat for %ZFGCNTs G 2 Es r c/ Page number and total pages on each page. Vicinity map [ scale of one t o t wo t housand ( 1:2,000)] s howing a 11 r oads, properties and subdivisions within one thousand (1,000) feet of the subdivision. Written and graphic scale. Day, month and year plan prepared and revised. ✓ North arrow. Parcel identification number (PIN) of parent tract. Name of Magisterial District in which subdivision is located. __ ✓ Zoning and use of all land to be subdivided and all adjoining land. ✓ Boundary survey o f a 111 ots, pa rcels a nd r ights-of-way s howing be arings to t he nearest de gree, minute and second a nd 1 isting di stances t o t he nearest one - / hundredth (1/100) of a foot. ✓ Names of o wners o f a 11 a djoining pr operties a nd de ed book and pa ge number / references for each adjoining parcel. _ v — 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 / common open space. ✓ Location, names and right-of-way widths of existing and planned roads, streets and shared private driveways adjacent to and on the property. 13 C Existing or pr oposed utilities, utility a asements a nd other a asements w ith dimensions and location. ✓ Existing and proposed drainage easements with dimensions and locations. ✓ Location of floodplain limits. Location of all land to be dedicated or reserved for public use. Location of required setback lines on each lot. ./_ Location of proposed recreational areas. ./ Location of proposed buffers. Location and description of monuments and markers. rr� Location of any grave, object or structure marking a place of burial on the land to be subdivided. Certification by a registered engineer or surveyor qualified to practice in the State of Virginia, verifying the accuracy of the plat. .�� Signature of t he ow ner, pr oprietors or t rustees c ertifying o wnership of t he property and that the subdivision is with their free consent and desires. A notary statement certifying the signature of the owner, proprietors or trustees. —� Signature lines f or t he S ubdivision A dministrator a nd r elevant r eviewing agencies. Statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. 14 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 5, 2016 John Lewis, PE Painter -Lewis, P.L.C. 817 Cedar Creek Grade Winchester, Virginia 22601 RE: Regents Crest Property Identification Number 53-6-1 though 28 RP (Residential Performance) Zoning District Dear Mr. Lewis: This letter is to confirm that the subdivision design plan for Regents Crest was approved on February 5, 2016. This design plan reflects for the construction of 24 single- family small lot dwellings and 42 townhouses. It is now appropriate for you to submit the final plats for this subdivision. In addition to the information provided on the approved design plans, the plat must include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required prior to final plat approval. If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/dw cc: Judith McCann -Slaughter., 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 SUBDIVISION REQUEST #07-15 REGENTS CREST Staff Report for the Board of Supervisors Prepared: November 30, 2015 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/04/15 Reviewed Board of Supervisors: 12/09/15 Pending LOCATION: The property is located on Trafalgar Square off the south side of Route 522 in Sunnyside. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-6-1-1 through 53-6-1-28 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) Vacant ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B-2 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential STAFF CONCLUSION FOR THE 12/09/15 BOARD OF SUPERVISORS MEETING: This property is subject to Master Development Plan (MDP) # 02-03 known as Regents Crescent that was approved by Frederick County on September 8, 2004. This MDP was approved for 28 single-family detached cluster and 42 townhouses lots on 8.77+/- acres of RP zoned land, and the development of a 2.81+/- acre property zoned B-2 (General Business) fronting North Frederick Pike. The MDP did not allow subdivision of individual lots. The prior owner started infrastructure on the properties to include roads, water and sewer lines, and sidewalks. This proposed subdivision does not deviate from the approved MDP. This proposed subdivision will enable the current owner, to subdivide this 9+/- acre parcel into 42 townhouses and 24 single- family small lots for a total of 66 lots, with open space. The B-2 property fronting North Frederick Pike will not be included with this subdivision. This project will be served by a private road, which will access the public road known as Trafalgar Square. This application is presented for information; no action is necessary. Subdivision Request Subdivision #07 -15 for Regents Crest November 30, 2015 Page 2 SUBDIVISION SPECIFICS: Subdivision of 9+/- acres into 42 townhouses and 24 single- family small lots. REVIEW AGENCY COMMENTS: Department of Transportation: Please see attached email from Lloyd Ingram, Land Development Engineer dated September 14, 2015. Frederick County Fire Marshall: Approved. Inspections: Please see attached comments from John Trenary, Certified Building Official dated September 28, 2015. Parks and Recreation: Appears to meet Parks and Recreation requirements. GIS: Sage Circle, Reign Way, and Lance Way have been approved and added to Frederick County's Masters Road name list. Frederick County Public Works: Has a current land disturbance permit and erosion and sediment bond. We offer no additional comments. We recommend approval. Frederick County Sanitation Authority: Approved as noted. Frederick County Public Schools: Please see attached letter from K. Wayne Lee, Jr., LEED AP dated August 27, 2015. Planning Staff Review: Background This property is subject to Master Development Plan (MDP) #02-03 known as Regents Crescent that was approved by Frederick County on September 8, 2004. This MDP was approved for a total of 11.68+/- acres of RP (Residential Performance) and B-2 (General Business) zoned land. The MDP allowed for 28 single-family detached cluster and 42 townhouses lots on 8.77+/- acres of RP zoned land, and the development of a 2.81+/- acre property zoned B-2 (General Business) fronting North Frederick Pike. However, the MDP did not allow subdivision of individual lots. The prior owner started infrastructure on the properties to include roads, water and sewer lines, and sidewalks. This proposed subdivision does not deviate from the approved MDP with regards to the general lay out that was previously approved by Frederick County. This lay out includes the street network and infrastructure. This proposed subdivision will enable the current owner, to subdivide this 9+/- acre parcel into 42 townhouses and 24 single-family small lots for a total of Subdivision Request Subdivision #07 -15 for Regents Crest November 30, 2015 Page 3 66 lots, with open space. The B-2 property fronting North Frederick Pike will not be included with this subdivision. It is noted that the prior development was established as a condominium project by the previous owner. So while the project has property identification numbers issued by the Commissioner of the Revenue, the project was not subdivided. The pending subdivision would enable the division to individual lots to occur. The applicant will need to facilitate the dedication of Trafalgar Square for public use and acceptance into the VDOT Secondary Road System for maintenance. PLANNING COMMISSION SUMMARY FOR THE 11/04/15 MEETING: Zoning and Subdivision Administrator, Mark R. Cheran reported the property is currently zoned RP (Residential Performance) and is vacant. He continued this property is subject to Master Development Plan (MDP) #02-03 knows as Regents Crescent that was approved by the Frederick County Board of Supervisors on September 8, 2014. Mr. Cheran explained the MDP was approved for 28 single family detached cluster and 42 townhouse lots on 8.77+/- acres of RP (Residential Performance) zoned land. It also included a property that was zoned B2 (General Business) fronting North Frederick Pike. Mr. Cheran noted the prior owner started infrastructure on the properties to include roads, water and sewer lines, and sidewalks. Mr. Cheran highlighted the most significant change is some of the units will not be built and will now be open space. Mn Cheran reported this proposed subdivision will enable the current owner to subdivide this 9 +/- acre parcel into 42 townhouses and 24 single family small lots for a total of 66 lots with open space. He continued the B2 property fronting North Frederick Pike will not be included with this subdivision. Mr. Cheran concluded this project will be served by a private road which will access the public road known as Trafalger Square. There were no questions or comments from the Planning Commission at this time. STAFF CONCLUSIONS FOR THE 12/09/15 BOARD OF SUPERVISORS MEETING: This property is subject to Master Development Plan (MDP) # 02-03 known as Regents Crescent that was approved by Frederick County on September 8, 2004. This MDP was approved for 28 single-family detached cluster and 42 townhouses lots on 8.77+/- acres of RP zoned land, and the development of a 2.81+/- acre property zoned B-2 (General Business) fronting North Frederick Pike. The MDP did not allow subdivision of individual lots. The prior owner started infrastructure on the properties to include roads, water and sewer lines, and sidewalks. This pro osed subdivision does not deviate from the approved MDP. This proposed subdivision will enable the current owner, to subdivide this 9+/- acre parcel into 42 townhouses and 24 single- family small lots for a total of 66 lots, with open space. The B-2 property fronting North Subdivision Request Subdivision #07 -15 for Regents Crest November 30, 2015 Page 4 Frederick Pike will not be included with this subdivision. This project will be served by a private road, which will access the public road known as Trafalgar Square. goo 1 � � 99 � REDWOOD DR 1255� N FRKERICK P ®- ® 101 1241 i 107 N FREDERIEK REDWOOD LN PIKE 53 6 909 128B REDWOOD LN 1243 N FREDERIC-K PIKE 53611 53612 _ 53 6 1 22 53614 1 53 6 1 2d 53615 53 6 536 12p 53616 125 53 6 931 119 AUTUMN 53 6 1 7 53 6 1 VIEW LN 53 6 1 26 28C 53 6 � 1 18 53618 53 6 53 6 1 27 1 1'7 53619 53 6 53 6 1 16 128 53 6 536 1 IS 1 10 53 6 1 I1 536 536 1 12 1 14 1313 rM. Applications Q) Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) 1>�fw MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) -NI FREDERICK NFREDERICK 1210 PIKE PIKE NFREDERICK PIKE ` 1204 N FREIKE IKEN 2 !! gf[�1 Jam, p Q: n z ggm UM /!/ } ono amw two RUIU1 C Note: Frederick County Dept of SUB # 07 - 15 Planning & Development 107 N Kent St Regents Crest suite 202 e PINS: Winchester, VA 22601 53 - 6 - 1 - 1 through 28C 540 - 665 - 5651 Subdivision Request Map Created: October 26, 2015 Staff: mcheran 0 120 I I 240 480 Feet I 1 i SUB # 0/ - 15 IRE � ' • r. RED' 99 ROD 1255 Regents Crest • MfRP ERICKI. 1. � PIKE P I N s: 5. RED0 53 - 6 - 1 - 1 through 28C REED OOLN DLN Subdivision Request Q22 EDWOOD LN 103 �Hrt,. eivv Q REDWOODLN !y"LNSIDE LA' .. • °OAKS 10 SIDE LN�REDWOOD S� E LN 1108 107 NfREDERICK OAK 113 REDWOODLN 'RED OOD.LN t PIKE SIDELN AK A 1,10 536 ♦ SIDELN-RED WOOD'LN LIO �,; 1288 115 �� REDW .' OAK N FREDERICK d SIDELN PIKE ` REDWOOD LN REDWOOD LN 117 b �. OAK 3 , SIDELN 11 REDWOODLN a 5 1 53613 53 6 • 53614 • i I 536 53615 53 6 53 6 120 v 1 i 125 f 53 6 • }, 1 19 AUTUMN • 536 1 # VIEW LN 536I7 536 28CI 18� _ 126 536 ;r 'i 53 6 1 9 536! •,� 53h6 I ISy' I I 1 53'6 # kh 53 6 l 1 12 114__," 536 1 13 197 ELDERBERRY CT _-.;ice gaw2. N 177 N FREDERICK PIKE 1173 N FREDEEDERICK PIKE ` AUTUMN A VIEW LNK j �T L S M AB NOWRIOS30 31V0 �-vjw �N "upde i� SH331MON3 1OA O! 1-d S63W AWN St3dMW 'A 6l l SWIMNOO 3-d S11ONN00 AON35V 83d St a£ t , YINI�13 I �Kmn0O HO032l3 £6LS-L99 (o►s) MNRs°°3 • ,Q '� a ,,� Z6L9-ZOO (OK) e-Id"D.L • ry 1J' Imsia 11II2131SI�. m TIVM3NOIS g 409LL M�I�N 'i=i�W�+1M ct wid inOXY1 31JS NYtd NOISW08f1S ONY 31JS M •uns *"M» 4m:) sw»y Ll9 O SLN3038 '3'l'd 'SlM3l-U31Nlt/dSNOSW N10, 3�111 103fOMd i am N 1419$S' N --Wig= _ 11=® 1-hi arm I furl }its ! r _ AVM 3JNY1 " Ila T T a III r. IL I I--- i1N 1� Its 1P4 1 f � I I II AYM PM3H b .tJoc ma.. J I I I t I r ale .I1I 11 I rt --� r' to 4b F-4 ig lag if gull �'E 001,00 WSW€ < John Lewis From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia. gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd. I ngram@VDOT. virgin ia. gov> Sent: Monday, September 14, 2015 1:39 PM To: John Lewis Cc: cperkins@co.frederick.va.us; 'John Bishop'; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT) Subject: Regents Crest Subdivision - VDOT Site Plan Approval i) i �Y.�., i� .a *4 DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Mr. Lewis, A VDOT review has been conducted for the Regents Crest residential site plan with a seal date of August 4, 2015. Based off of the review of the drawings, the designed entrance from Route 522 (all internal streets are to be private) is approved by our office. Please ensure that all applicable agencies have the most recent set of approved Drawings. We offer the following general comments: • Cur review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. • All Land Use Permit shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State a�signed inspector, and surety bond coverage. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, Lloyd A. Ingram ( Land Development Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinbur6, VA 22824 voice: 540/984-5611 fax: 549/984-5607 e-mail: ILloyd.Ingram@vdot.virginia.gov 2 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Inspections Department Comment Mai! 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, 20d Floor Winchester, Virginia 22601 Phone: (540) 665-5650 Applicant: It is .your responsibility, to. complete this form as accurately as possible in order to assist the agency.r? 4 their revim . Please. a r1l ots� o .fit tdLVLRon Sips Plan with -this sheet. Applicant's Name: Painter -Lewis, P.L.C. l ailing Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 of development and/or description of the request: s Crest Subdivision ion of Property: )ar Square, off Route 522 in Sunnyside, Frederick County, VA Telephone: 544662-5792 RECE V EP Inspections Department Comments: f �9-i'I?11t5 4Ve i2ack 01 19 Townhouse and duplex dwellings and detached garages shall comply with The Virginia Uniform Statewide Building Code and The Virginia Residential Code/ 2012. All dwelling walls located on a property line shall be protected with a fire wall having a min two hour rating. Please submit the assembly details with the construction documents at the time of building permit application. Please note the 2012 VRC interior accessibility requirements (Section R311.2.1) Pavilion shall comply with the Virginia Construction Code 2012 and a Virginia Registered Design Professional shall seal the construction documents submitted for permit application. Note Chapter 17 VCC for special inspection requirements for this structure. Pavilion is not shown to have an accessible route and parking. Please locate parking and route on the plan and show elevations including corners of the parking space and unloading area. Building permit to demolish any existing structures is required prior to removal Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover, in accordance with the International Plumbing Code. Emergency Basement Egress (exit door and/or window) shall meet the USBC Section 310.1 Grade shall be sloped away from foundations a min 6" in 10'. 9/10 All public areas shall be accessible and shall be located on an accessible route (Section 1103.2) A least one accessible route shall connect accessible building, accessible facilities, accessible elements, and accessible spaces that are on the same site (1104.2) (1104.2 exception) When a building or portion of a building is required to be accessible, an accessible route shall be provided to each portion of the building, to accessible building entrances connection accessible pedestrian walkways and the public way. (1104.3) Accessible parking and unloading shall be provided where parking is provided (1106.1 T 1106.1) 9/28 revised to include one van accessible parking to closest route to pavilion and tot lot. Accessible Parking signage as required per 1106.8. max slope on parking and unloading is 2%. Maximum slope on accessible route is 1:20. Stripping for accessible route required in vehicular right of ways. Accessible route to tot lot and pavilion appear to meet ANSI A117.1-09 as required. S:\Site Plan comments\2012\Reside, Regents Crest.doc Townhouse and duplex dwellings and detached garages shall comply with The Virginia Uniform Statewide Building Code and The Virginia Residential Code/ 2012. All dwelling walls located on a property line shall be protected with a fire wall having a min two hour rating. Please submit the assembly details with the construction documents at the time of building permit application. Please note the 2012 VRC interior accessibility requirements (Section R311.2.1) Pavilion shall comply with the Virginia Construction Code 2012 and a Virginia Registered Design Professional shall seal the construction documents submitted for permit application. Note Chapter 17 VCC for special inspection requirements for this structure. Pavilion is not shown to have an accessible route and parking. Please locate parking and route on the plan and show elevations including corners of the parking space and unloading area. Building permit to demolish any existing structures is required prior to removal Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located bel w the top elevation of the upstream man hole cover, in accordance with the International Plumbing Code. Emergency Basement Egress (exit door and/or window) shall meet the USBC Section 310.1 Grade shall be sloped away from foundations a min 6" in 10'. 9/10 All public areas shall be accessible and shall be located on an accessible route (Section 1103.2) A least one accessible route shall connect accessible building, accessible facilities, accessible elements, and accessible spaces that are on the same site (1104.2) (1104.2 exception) When a building or portion of a building is required to be accessible, an accessible route shall be provided to each portion of the building, to accessible building entrances connection accessible pedestrian walkways and the public way. (1104.3) Accessible parking and unloading shall be provided where parking is provided (1106.1 Tl 106.1) 9/28 'revised to include one van accessible parking to closest route to pavilion and tot lot. Accessible Parking signage as required per 1106.8. max slope on parking and unloading is 2%. Maximum slope on accessible route is 1:20. Stripping for accessible route required in vehicular right of ways. Accessible route to tot lot and pavilion appear to meet ANSI Al 17.1-09 as required. S:\Site Plan comments\2012\Reside, Regents Crest.doc Frederick County Public Schools K. Wayne Lee, Jr. LEED AP . Coordinator of Planning and Development . leew@frederick.k12.va.us August 27, 2015 Mr. John C. Lewis Fainter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Re: Regents Crest Site Plan Application Dear Mr. Lewis: �rederick County Public Schools has reviewed the Regents Crest site plan application submitted to us on ugust 5, 2015. We offer the following comment: The cumulative impact of this development and other developments in Frederick County will require construction of new schools and support facilities to accommodate increased student enrollment. This development proposal includes 66 single-family attached units. We estimate that this development will house 18 students: 5 high school students, 5 middle school students, and 8 elementary school students. In order to properly serve these additional students, Frederick County Public Schools would spend an estimated $209,000 more per year in operating costs (or $3,167 average per unit per year) and an estimated $761,000 in one-time capital expenditures (or $11,530 average per unit). You will find, attached to this letter, a more detailed assessment of the estimated impact of Regents Crest on FCPS, including attendance zone information. It is noted that all streets in Regents Crest except Trafalgar Square will be private lanes. As our buses don't travel down private lanes, students who live on private streets will need to walk to a bus stop located on a public street at a location designated by our Transportation Department. Once Trafalgar Square is dedicated, it is a possibility that buses could use the cul-de-sac there. Please feel free to contact me at leew frederick.k I2.va.us or 540-662-3888 x88249 if you have any questions or comments. Sincerely, ' t " . Wayne Lee, Jr., LEED AP Coordinator of Planning and Development attachment cc: Dr. David Sovine, Superintendent of Schools Mr. Albert Orndorff, Assistant Superintendent for Administration Mr. John Grubbs, Transportation Director 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 Ext 88249 P.O. Box 3508 540-6624237 fax Winchester, Virginia 22604-2546 Annual Operational Costs FY 2016 Budgeted Cost Per Student (FY2016 Total Student Annual Budget) Generation Impact This Development's Impact on FCPS Operational Costs $11,584 18 $209,000 Average Annual Operational Cost Per Unit $3,167 School Facility Information Elementary School (Grades Middle School High School K-5) (Grades 6-8) (Grades 9-12) 2015-16 School Attendance Zone* Apple Pie Ridge James Wood James Wood September 15, 2014 Student Enrollment 488 849 1,296 2015-16 Program Capacity 528 850 1,400 * - School Attendance Zones are subject to change. # - Using applicant's assumptions regarding number of housing units. Project Name: Assessment Date: Frederick County Public Schools Development Assessment Regents Crest August 26, 2015 Student Generation Elementary Middle School High School School Student Student Student Total Student Housing Type Housing Units# Generation Generation Generation Generation Single -Family Detached 0 0 0 0 0 Single -Family Attached 66 8 5 5 18 Multifamily 0 0 0 0 0 Mobile Home/Other 0 0 0 0 0 Totals 66 8 5 5 18 Capital Costs Elementary Middle School High School School Cost Cost Cost Total Capital (2016-21 CIP) (2016-21 CIP) (2016-21 CIP) Costs School Cost $24,700,000 $49,500,000 $91,900,000 Program Capacity 850 940 1,725 Per Student Cost $29,059 $52,660 $53,275 Students Generated by this Development 8 5 5 This Development's Impact on FCPS Capital Costs $232,000 $263,000 $266,000 $761,000 Average Capital Cost Per Unit $11,530 SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: Application #: 1—7 - MDP: d yes 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 publiie meeting dates for the final plats: PC Meeting Date BOS Meeting Date 1. Applicant: Name: Painter -Lewis, P.L.C. Telephone: (540)662-5792 Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 2. Property Owner (if different than above) Name: Jennings Investments, L.L.C. Address: P.O. Box 3830 Winchester, VA 22604 Telephone: (540)722-9395 3. Please list names of all owners, principals, and/or majority stockholders: 6hris Jennings 41 Contact person if other than above Name: 5. Name of Proposed SubdivisiRegents Crest on: 6.1 Number of Lots: Single family small lot:24 7. � Total Acreage: 9.9 acres Telephone: Townhome units:42 . 8. Property Location Trafalgar Square, off Route 522 in Sunnyside, Frederick County, Virginia South side of Route 522 (Give State Route # and name, distance and direction from intersection) 7 9. 10 I1 Magisterial District: Stonewall Magisterial District Property Identification Number (P.I.N.): TM# 53-6-1 1 through 28C (Parent Tract) Property zoning and present use: RP -Residential Performance District Present use: Vacant 12. Adjoining property zoning and use: USE North BUSINESS East South West RESIDENTIAL RESIDENTIAL RESIDENTIAL ZONING B2 RP RP RP Has a Master Development Plan been submitted for this project? IIYes nNo If yes, has the final MDP been approved by the Board of Supervisors? R Yes ONO What was the Master Development Plan title? N/A Does the plat contain any changes from the approved MDP? Yes f]No If yes, specify what changes: 18. Minimum Lot Size (smallest lot): TOWNHOUSE LOT SIZE=1,500 SF 19. Number and types of housing units in this development: Single family small lot:2a. Townhome units:42 I h ave r ead t he m aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b y t he Frederick County P lanning Department. I also understand that all required material will be complete prior to the submiss' of si lan. t S�gnature: Date: 10 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) (Nam) "'J`uUw`..•�,c,1STM,S- (Phone)S6-722?, (Address) 1 \jAf 22664 the owner(s) of all those tracts or parcels of land ("Prope rty") conveyed to in e (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. ��15�* oo o -S a 29 on Page , and is described as NA/ r,s Parcel: I,k: I --Z$ Block: Section: Subdivision:17r,&gNjs Crt6s«v7j4AW,,6 loaAe1t2i.W.j,,.j do hereby make, constitute and appoint: (Name) Painter -Lewis, P.L.0 (Phone) 540-662-5792 (Address) 817 Cedar Creek Grade, Suite 120, Winchester, VA 22601 To actl as my true and lawful attorney -in-fact for and in my (our) nam e, place and ste ad with full power a nd authority I (we) would have if acting personall y to file planning applications for in y (our) a Bove described Property, including: _Rezoning (including proffers) Conditional Use Permit _Master Development Plan (Preliminary and Final) 7_Subdivision 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 respiii'wdkgo In witness thereof, I (we) jave hereto set my (our) hand and seal this day of (�� e � mQ fu uC •`�' Signature(s) State of Virginia, City/County /Count of G-1— g Y Y --cc roc l� n : MY COMMISSION To -wit: -EXPIRES Q ' • �� W30!2016 a Not ary Public in and for the jSL°iri+t�d' certify that the person(s) who sig ned to the foregoing instrum ent personally appeared g�dfare rrr 0%and has wledged the same before me in the jurisdiction aforesaid this day of�C," , 201�. `` YAK p\ My Commission Expires: Notary Public s> ,. -____�_____ _�__� _.____.�..__ _.____..__._._ .�_� _____._6_�_�_ ---- _-- _.._._..-_____�__--__._v.___.._.__. j _�_._--�__ _ .y �.y�._-. �.��a_v___ _____.__._��_____ _ __.�.____-- 53-�-s�y _. _._.__._ _ __d,A______� �__.� _�.._a____ _._...���.n,..�_____ �_.�.�__.__�_.u__ � �.�_.�__,.__._ _m�.__.____ �_.��..__.�._._._._��._,®____�_,__._.�___ �__.__ .___r.___.�.____._____.__�. - _..�-___. .-- S __,._______...� �.,�. �._.�...___.�_.___----v--�_. �_yr.. SUBDIVISION REQUEST #07-15 REGENTS CREST Staff Report for the Planning Commission Prepared: October 15, 2015 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/04/15 Pending Public Meeting Board of Supervisors: 12/09/15 Pending LOCATION: The property is located on Trafalgar Square off the south side of Route 522 in Sunnyside. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-6-1-1 through 53-6-1-28 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) Vacant ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B-2 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential EXECUTIVE SUMMARY: This property is subject to Master Development Plan (MDP) # 02- 03 known as Regents Crescent that was approved by Frederick County on September 8, 2004. This MDP was approved for 28 single-family detached cluster and 42 townhouses lots on 8.77+/- acres of RP zoned land, and the development of a 2.81+/- acre property zoned B-2 (General Business) fronting North Frederick Pike. The MDP did not allow subdivision of individual lots. The prior owner started infrastructure on the properties to include roads, water and sewer lines, and sidewalks. This proposed subdivision does not deviate from the approved MDP. This proposed subdivision will enable the current owner, to subdivide this 9+/- acre parcel into 42 townhouses and 24 single-family small lots for a total of 66 lots, with open space. The B-2 property fronting North Frederick Pike will not be included with this subdivision. This project will be served by a private road, which will access the public road known as Trafalgar Square. This application is presented for information; no action is necessary. Subdivision Request Subdivision #07 -15 for Regents Crest October 15, 2015 Page 2 SUBDIVISION SPECIFICS: Subdivision of 9+/- acres into 42 townhouses and 24 single- family small lots. REVIEW AGENCY COMMENTS: Department of Transportation: Please see attached email from Lloyd Ingram, Land Development Engineer dated September 14, 2015. Frederick County Fire Marshall: Approved. Inspections: Please see attached comments from John Trenary, Certified Building Official dated September 28, 2015. Parks and Recreation: Appears to meet Parks and Recreation requirements. GIS: Sage Circle, Reign Way, and Lance Way have been approved and added to Frederick County's Masters Road name list. Frederick County Public Works: Has a current land disturbance permit and erosion and sediment bond. We offer no additional comments. We recommend approval. Frederick County Sanitation Authority: Approved as noted. Frederick County Public Schools: Please see attached letter from K. Wayne Lee, Jr., LEED AP dated August 27, 2015. Planning Staff Review: Background This property is subject to Master Development Plan (MDP) #02-03 known as Regents Crescent that was approved by Frederick County on September 8, 2004. This MDP was approved for a total of 11.68+/- acres of RP (Residential Performance) and B-2 (General Business) zoned land. The MDP allowed for 28 single-family detached cluster and 42 townhouses lots on 8.77+/- acres of RP zoned land, and the development of a 2.81+/- acre property zoned B-2 (General Business) fronting North Frederick Pike. However, the MDP did not allow subdivision of individual lots. The prior owner started infrastructure on the properties to include roads, water and sewer lines, and sidewalks. This proposed subdivision does not deviate from the approved MDP with regards to the general lay out that was previously approved by Frederick County. This lay out includes the street network and infrastructure. This proposed subdivision will enable the current owner, to subdivide this 9+/- acre parcel into 42 townhouses and 24 single-family small lots for a total of Subdivision Request Subdivision #07 -15 for Regents Crest October 15, 2015 Page 3 66 lots, with open space. The B-2 property fronting North Frederick Pike will not be included with this subdivision. It is noted that the prior development was established as a condominium project by the previous owner. So while the project has property identification numbers issued by the Commissioner of the Revenue, the project was not subdivided. The pending subdivision would enable the division to individual lots to occur. The applicant will need to facilitate the dedication of Trafalgar Square for public use and acceptance into the VDOT Secondary Road System for maintenance. STAFF RECOMMENDATION FOR NOVEMBER 4, 2015 PLANNING COMMISSION MEETING: This proposed subdivision meets the requirements of the approved MDP and the Frederick County Zoning Ordinance. SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: 4 lolls Application #: I - MDP: des no If no, has the MDP requirement been waived by the Planning Director?: _yes no If the MI)P hus:been waived, fil in the follow ng,pnitti Ynee# ng dates for the final, phk 1. Applicant: Name: Painter -Lewis, P.L.C. Telephone: (540)662-5792 Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 2. Property Owner (if different than above) Name: Jennings Investments, L.L.C. Telephone: (540)722-9395 Address: P.O. Box 3830 Winchester, VA 22604 3. Please list names of all owners, principals, and/or majority stockholders: Chris Jennings 4. Contact person if other than above Name: Telephone: 5. Name of Proposed Subdivision: Regents Crest 6. Number of Lots: Single family small lot:24. Townhome units:42 7. Total Acreage: 9.9 acres 8. Property Location: Trafalgar Square, off Route 522 in Sunnyside, Frederick County, Virginia South side of Route 522 (Give State Route # and name, distance and direction from intersection) E 9. 10 11. Magisterial District: Stonewall Magisterial District Property Identification Number (P.LN.) , TM# 53-6-1 1 through 28C (Parent Tract) Property zoning and present use: RP -Residential Performance District Present use: Vacant 12. Adjoining property zoning and use: USE ZONING North BUSINESS B2 East RESIDENTIAL RP South RESIDENTIAL RP West RESIDENTIAL RP 13. Has a Master Development Plan been submitted for this project? nYes _ [No 14. If yes, has the final MDP been approved by the Board of Supervisors? Oyes nNo 15. What was the Master Development Plan title? N/A 16. Does the plat contain any changes from the approved MDP? Yes f2No 17. If yes, specify what changes: 18. Minimum Lot Size (smallest lot): TOWNHOUSE LOT SIZE=1,500 SF 19. Number and types of housing units in this development: single family small lot:24. ToWnhome units:42 I h ave r ead t he in aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b y t he Frederick C ounty Planning Department. I also understand that all required material will be complete prior to the submiss' of si lan. Signature: Date: t n - w- i ks 10 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) -�\AJQ ---rA s s (Phone) 516>722-132SS (Address) P b, t�,01C 35�& \lAf 22CA the owner(s) of all those tracts or parcels of land ("Prope rty") conveyed to m e (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 1 SOoO 58 t9 on Page , and is described as 4 0" rrs Parcel: I,st: 1-2B Block: Section: Subdivision: r,&cNts Crt&s«NTZawA laiv&ihi..��t�,.� do hereby make, constitute and appoint: (Name) Painter -Lewis, P.L.0 (Address) 817 Cedar Creek Grade, Suite 120, Winchester, VA 22601 (Phone) 540-662-5792 To act as my true and lawful attorney -in-fact for and in my (our) nam e, p lace and ste ad with full power and authority I (we) would have if acting personall y to file planning applications for m y (our) a bove described Property, including: _Rezoning (including proffers) _Conditional Use Permit Master Development Plan (Preliminary and Final) _Subdivision 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 resR�N4�vplbtl; In witness thereof, I (we) leave hereto set my (our) hand and seal this day of r; ;•��� Signature(s) (� - �e PEG u°1 IC �� = MY Cor'I ISSION • State of Virginia, City/County of �1 C r �� l� , To -wit: q EXPIRrS 9/3C/2()16 •,•'•��: 2 O• �: a Not ary Public in and for the j". rf+�tzd, certify that the person(s) who sig ned to the foregoing instrum ent personally appeared WereMoi!�and has jackaywledged the same before mein the jurisdiction aforesaid this _\F'*> day of .5" 20 . My Commission Expires: �} ��!t �p Notary Public COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 29, 2015 Mr. John Lewis Painter -Lewis P.L. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Subdivision Design Plan Regents Crest #07-15 Dear Mr. Lewis: Planning Staff has reviewed the above subdivision Design Plan Regents Crest, Plan #07-15 received by our office on September 28, 2015, and offer the following comments: 1. On Pg. 1 change Master Development Plan to Subdivision Design Plan. 2. On Pg. 1 change Category A to read Category B. 3. On Pg. 1 parking calculation numbers do not match plan. 4. On Pg. 3 along Sage Circle the BRL's of 15 ft. for the townhouses. 5. On Pg. 3 need the BRL's for all single-family small lots. 6. On Pg. 3 merge BRL's with easements. 7. On Pg. 3 need easements to open space. 8. On Pg. 3 & 7 sidewalks need to be five feet v four feet. 9. On Pg. 3 need traffic arrow for movement and crosswalk on Sage Circle. 10. On Pg. 3 show buffer and zoning district line of B-2 property. 11. On Pg. 3 and 4 berm does not run the length of parking area on Sage Circle shrubs may be needed. 12. On Pg. 3 and 7 provide details of full walking trail. 13. On Pg. 3 and 9 provide light detail and location of lights on plan. 14. On Pg. 7 provide full private road details (VDOT standards). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 M 15. On Pg. 8 tree caliper needs to be 2.5 v 2. 16. On Pg. 9 provide details for all signs. Should you have any questions, please feel free to call. Sincerely, ..,44r R. Cheran Zoning & Subdivision Administrator MRC/pd SUBDIVISION DESIGN PLAN CHECKLIST The s ubdivision de sign pl an s hall be dr awn a t a s cale t hat i s a cceptable t o the S ubdivision 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 " R"ew .1:w: 7--s G,e67T'�, S 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 t o t wo t housand ( 1:2000)) s howing a 11 r oads, properties and subdivisions within one thousand (1000) feet of the subdivision. ✓ Written and graphic scale. ✓ Day, month and year plan prepared and revised. ✓ North arrow. ✓ Name of the Magisterial District where located. ✓ Zoning of all land to be subdivided. ✓ Boundary survey o f a 111 ots, pa rcels a nd r ights-of-way s howing be arings to t he 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. ✓ 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 ar ea o f each parcel o f corn mon open space and the t otal area of common open space. ✓ Location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. 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 pl an w ith c alculations de scribing 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 ✓ 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. ✓ Names of all s treams and bodies of w ater, including a 11 on e-hundred-year flood limits as mapped by FEMA. ✓ Location of all land to be dedicated or reserved for public use. ✓ Location of required setback lines on each lot. ✓ Location of proposed recreational areas and facilities. ✓ Location of p roposed b uffers a nd s creening w ith de sign de tails, 1 ocations and types of plants and screening. ✓ Proposed landscaping with location and types of plants. ✓ Certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. ✓ _ Signature of the owner or principals certifying ownership of the property. ✓ Statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. ✓ Signature line for the Subdivision Administrator. 12 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 Applicant's Name: Painter -Lewis, P.L.C. Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Name of development and/or description of the request: Regents Crest Subdivision Location of Property: Trafalgar Square, off Route 522 in Sunnyside, Frederick County, VA Department of Planning & Development Comments: Date Received _ Date Reviewed _ Revision Required -PLANNING DEPARTMENT USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved Signature & Date: ** Please Return Form to Applicant" 16 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 WHA T YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candice Mark Dave Eric (� k Mike John Received by Clerical Staff (Date & Time): (S:Office on Blackbofforms\Document Approval Form—12/27/13) John Lewis From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.ingram@VDOT.virginia.gov> Sent: Monday, September 14, 2015 1:39 PM To: John Lewis Cc: cperkins@co.frederick.va.us; 'John Bishop'; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT) Subject: Regents Crest Subdivision - VDOT Site Plan Approval COIN,' 'lam'. �'4 f J DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Mr. Lewis, A VDOT review has been conducted for the Regents Crest residential site plan with a seal date of August 4, 2015. Based off of the review of the drawings, the designed entrance from Route 522 (all internal streets are to be private) is approved by our office. Please ensure that all applicable agencies have the most recent set of approved Drawings. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. • A Land Use Permit shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. if you have any questions or need further information, please do not hesitate to contact me. Sincerely, Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5611 fax: 540/984-5607 e-mail: Lloyd.Ingram@vdot.virginia.gov REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Inspections Department Comment Mail to: Frederick County Inspections Department Ann: Building Official 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: Frederick County inspections Dept. 107 North Kent Street, 2ad Floor Winchester, Virginia 22601 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 r_eY . _P easeal #ach titie I p .oftln<_$ti s onl)esign Man with this sheet. Applicant's Name: Painter -Lewis, P.L.C. Mailing Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Telephone: 54OM-5792 RECENEP Name of development and/or description of the request: Regents Crest Subdivision Frederick county Public Work" & Insp%upro Location of Property: Trafalgar Square, off Route 522 in Sunnyside, Frederick County, VA Inspections Department Comments: 19 Townhouse and duplex dwellings and detached garages shall comply with The Virginia Uniform Statewide Building Code and The Virginia Residential Code/ 2012. All dwelling walls located on a property line shall be protected with a fire wall having a min two hour rating. Please submit the assembly details with the construction documents at the time of building permit application. Please note the 2012 VRC interior accessibility requirements (Section R311.2.1) Pavilion shall comply with the Virginia Construction Code 2012 and a Virginia Registered Design Professional shall seal the construction documents submitted for permit application. Note Chapter 17 VCC for special inspection requirements for this structure. Pavilion is not shown to have an accessible route and parking. Please locate parking and route on the plan and show elevations including corners of the parking space and unloading area. Building permit to demolish any existing structures is required prior to removal Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover, in accordance with the International Plumbing Code. Emergency Basement Egress (exit door and/or window) shall meet the USBC Section 310.1 Grade shall be sloped away from foundations a min 6" in 10' . 9/10 All public areas shall be accessible and shall be located on an accessible route (Section 1103.2) A least one accessible route shall connect accessible building, accessible facilities, accessible elements, and accessible spaces that are on the same site (1104.2) (1104.2 exception) When a building or portion of a building is required to be accessible, an accessible route shall be provided to each portion of the building, to accessible building entrances connection accessible pedestrian walkways and the public way. (1104.3) Accessible parking and unloading shall be provided where parking is provided (1106.1 T1106.1) 9/28 revised to include one van accessible parking to closest route to pavilion and tot lot. Accessible Parking signage as required per 1106.8. max slope on parking and unloading is 2%. Maximum slope on accessible route is 1:20. Stripping for accessible route required in vehicular right of ways. Accessible route to tot lot and pavilion appear to meet ANSI A117.1-09 as required. S:\Site Plan comments\2012\Reside, Regents Crest.doc °- Frederick County Public Schools K. Wayne Lee, Jr. LEED AP . Coordinator of Planning and Development . leew@frederick.k12.va.us August 27, 2015 Mr. John C. Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Re: Regents Crest Site Plan Application Dear Mr. Lewis: Frederick County Public Schools has reviewed the Regents Crest site plan application submitted to us on August 5, 2015. We offer the following comment: The cumulative impact of this development and other developments in Frederick County will require construction of new schools and support facilities to accommodate increased student enrollment. This development proposal includes 66 single-family attached units. We estimate that this development will house 18 students: 5 high school students, 5 middle school students, and 8 elementary school students. In order to properly serve these additional students, Frederick County Public Schools would spend an estimated $209,000 more per year in operating costs (or $3,167 average per unit per year) and an estimated $761,000 in one-time capital expenditures (or $11,530 average per unit). You will find, attached to this letter, a more detailed assessment of the estimated impact of Regents Crest on FCPS, including attendance zone information. 2. It is noted that all streets in Regents Crest except Trafalgar Square will be private lanes. As our buses don't travel down private lanes, students who live on private streets will need to walk to a bus stop located on a public street at a location designated by our Transportation Department. Once Trafalgar Square is dedicated, it is a possibility that buses could use the cul-de-sac there. Please feel free to contact me at leew(clfrederick.k I2.va.us or 540-662-3888 x88249 if you have any questions or comments. Sincerely, f{" t K. Wayne Lee, Jr., LEED AP Coordinator of Planning and Development attachment cc: Dr. David Sovine, Superintendent of Schools Mr. Albert Orndorff, Assistant Superintendent for Administration Mr. John Grubbs, Transportation Director 1415 Amherst Street www.frederick.kl2.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 540-662.4237 fax Winchester, Virginia 22604-2546 Annual Operational Costs FY 2016 Budgeted Cost Per Student (FY2016 Total Student Annual Budget) Generation Impact This Development's Impact on FCPS Operational Costs $11,584 18 $209,000 Average Annual Operational Cost Per Unit $3,167 School Facilitv Information Elementary School (Grades Middle School High School K-5) (Grades 6-8) (Grades 9-12) l 5-16 School Attendance Zone* Apple Pie Ridge James Wood James Wood ptember 15, 2014 Student Enrollment 488 849 1,296 15-16 Program Capacity 528 850 1,400 * - School Attendance Zones are subject to change. 9 - Using applicant's assumptions regarding number of housing units. Project Name: Assessment Date: Housing Type Single -Family Detached Single -Family Attached Multifamily Mobile Home/Other Totals Frederick County Public Schools Development Assessment Regents Crest August 26, 2015 Student Generation Housing Units# 0 66 0 0 66 cool Cost ,gram Capacity Student Cost .dents Generated by this Development is Development's Impact on FCPS Capital Costs erage Capital Cost Per Unit Elementary School Student Generation 0 8 0 0 8 ital Costs Elementary School Cost (2016-21 CIP) $24,700,000 850 $29,059 8 $232,000 Middle School Student Generation 0 5 0 0 5 Middle School Cost (2016-21 CIP) $49,500,000 940 $52,660 5 $263,000 High School Student Generation 0 5 0 0 5 High School Cost (2016-21 CIP) $91,900,000 1,725 $53,275 5 $266,000 Total Student Generation 0 18 0 0 18 Total Capital Costs $761,000 Frederick County Department of Fire and Rescue Office of the Fire Alarsha! 1080 Coverstone Drive If f►tchester, t A 22602 (540)665-6350 fax: (540)678-4739 Entail: fin(ofcva.us Plan Review & Comments Date Received 9/10/2015 Plan/Permit Type Site Plan - Resubmittal Name Regents Crest Subdivision Address Trafalgar SO Project Name Applicant Name & Number RE# Permit Number Winchester Site Plan Painter -Lewis, PLC 540-662-5792 Emergency Vehicle Access: Adeate Inadequate N/A Hydrant Location: Adelk6Aate Inadequate N/A Siamese Location: Adequate Inadequate NMf Fire Lanes Required: I -As No N/A Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: Fire Inspector Date Reviewed 9/15/2015 VA 22602 REQUEST FOR SUBDIVISION PLAN COMMENTS Frederick County Parks and Recreation Comment Mail to: Hand deliver to: Frederick County 107 North Kent Street Department of Parks & Recreation Second Floor 107 North Kent Street Winchester, Virginia 22601 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 rev ieyN , Please attach one (1) copy of the Subdivision Design Plan with this sheet. Applicant's Name: Painter -Lewis, P.L.C. Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Name of development and/or description of the request: Regents Crest Subdivision Location of Property: Trafalgar Square, off Route 522 in Sunnyside, Frederick County, VA Parks and Recreation Comments: '-���[, ,�w 1 �� rv� �.-� __ Pam,, 4•t � <:�.t,vr� K�r .x� t�'�t;;ti�_ ._r��..if U_���L•i�;•,i, . '� . -FREDERICK COUNTY PARKS AND RECREATION USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) Date Revieyved Revision Required Date Approved Signature & Date: 1, � 4 s, ** Please Return Form to Applicant** 22 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: %foal? ,r- -�e,,,'L� %°V G Telephone: Syo-66a-s74a Mailing Address: $17 6?14a.r l G .Sfe !ao YA a.a.6o! Name of development and/or %description of the request: Location of Property: GIS Manager Comments: Date Received Q -!t) 1r Date Reviewed Revision Required / / Signature & Date: -GIS MANAGER USE ONLY - Review Number 1 &3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 17 REQUEST 1`011 SUBDIVISION PLAN COMNIVNTS Frederick County Public Works Comment Mail to: F%dlenc'f. (ounr. A!ITI: Couniv I.ngireer Jf)7 Nonh Kent Street. Winchester, Virgini.t 1-1601 H anti dcli% er to. A urk?� Derartmcn* 0"' \ orda Kent Street. I ! oor Wim-lik-swi, Virginia _12tu! 11bonc 1 i40.) 66;-i6.43 .\Ppficant: It is war responsibilit,. To C:omrlete lilt', torina".ucuratcly j`� pos-iihic in or&rto a,nt%t the I clel)JI011C, Maillm, -Vldrk­,' 817 Cedar Cmek Grade, Suitt 120 Wnchp.Mor, VA 22601 Name of %JLkvlojwww amd (1i .1.-,k'rifllfon oi'thk: rCqtw-,r I '�Catlon dot f T!dfe"4d-b 11,We ;t! kz�x= VA RECEIVE L., AUG r 5 20115 Public Work% Dcpartminil Colitfilvill", e v-s- &,we 4KEDERICK COUNI N' PUBLIC WIDIAKS DFPARTNIENT USE ONLY - Date Received Revjin% Nunthei 1 1 1 4 (cirele Date: Rey iewtA Ri.!vkiort Rviluired Date -kipproved I?//S A� Signature aX Date. Please Return Form to Applicant* " 1) iE WATER rIONS is gpd gpd ;w :RFORM TEM IT WILL REVIEW NUMBER 91 W['A�PPROVED APPROVED rTEMS TO CORRECT r RESPONSIBLE LAND DISTURBER NAME: CERTIFICATION #: DATE: THE RESPONSIBLE LAND DISTURBER IS THE PARTY RESPONSIBLE FOR CONSTRUCTION & MAINTENANCE OF ALL THE LAND DISTURBING ACTIVITIES AS SET FORTH IN THESE PLANS. APPROVED BY THE SUBDIVISION ADMINISTRATOR DATE REGENTS CREST SUBDIVISION DESIGN PLAN STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VA. CONSULTING ENGINEERS PAINTERmLEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540) 662-5792 Facsimile (540) 662-5793 Email: office®painterlewis.com JOB NO.: 1502029 SHEETi July 31, 2015 1 f n Latest Revision Date: September 9, 2015 ! 7 FREDER` �'K COUNTY SANITATION AL'-90RITY 11 L 111 A KV Vll:tt ('0N1\11 N I ., PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice 315 Tasker Road, Stephens City, VA 226555 r 540.868.1429 fax Project GENTS c ! Applicant �r1�'N t V1�� k-,V'A�S REVIEW STATUS attention rev' w number 6 correct & resubmit approved as noted number of items to be corrected approv You may submit just cover sheet and the revised sheets. DRAWINGS ) send me by / 1. print of sheets 2. two CDs: each disc shall contain the following plan sheets a) One CD (containing all of the above noted sheets) shall be in PD 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. e) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS ©/ N A copy of the recorded onsit Ovate a0mrCi5p easement(s) is/are required. OTHER Y6? A copy of the recorded offsite water and/or sewer easement(s) is/are required. o The easement document shall contain a plat and both shall be signed by the Authority. o The Authority requires specific language in its deed of easement. o Contact this office to obtain a copy of the form. o A copy of the recorded deed(s) of easement shall be received before service will be authorized. Y(9 This project also requires DEQ - Valley Region Office approval. YO This project also requires VDH — Lexington Field Office approval. Y This project also requires VDH — Lexington Field Office — Project Summary Report. BY DATE FOR NN0DRAWINGS ABOVE 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: / II ! se 25. 0. 610�zey Earl W. Wiley — Engineering Assistant t•` ) 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, tad Floor Winchester, Virginia 22601 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,. &Mmnach one (II& ny ofthe.Subdivision Desip Plan with.this sheet. Applicant's Name: Painter -Lewis, P.L.C. Mailing Address: 817 Cedar creek Grade, suite 120 Telephone: 5404362-5792 Wkwhes%r, VA 72601 � j RECE441 V Erg; Name of development and/or description of the request: k ' Regents Crest Subdivision craderick County pub0c works & Inspection: Location of Property: Trafaiger Square, off Route 522 in Sunnyside, Frederick County, VA Inspections Department Comments: -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received =� 1 bl j5" 3 Review Number 00 3 4 5 (circle one) Date Reviewed ' )13Sr /1/ Revision Required A Date Approved SL IS Signature & Date: ** Please Return to Appilesat** 19 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING November 23, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST APPLICATION #07-15 FOR REGENTS CREST On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, December 9, 2015, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Subdivision Request #07-15 for Regents Crest Request, submitted by Painter -Lewis, P.L.C., is requesting 42 townhouses and 24 single family small lots. The property is located on North Frederick Pike (Route 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood. The properties are identified with Property Identification Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 53-6-1-4, 53-6-1-5, 53-6- 1-6, 53-6-1-7, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1- 14, 53-6-1-15, 53-6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1- 22, 53-6-1-25, 53-6-1-26, 53-6-1-27, 53-6-1-28, and 53-6-1-28C in the Stonewall Magisterial District. Please note this item is presented for information purposes only. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, A�Ch ran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING November 23, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST APPLICATION #07-15 FOR REGENTS CREST On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, December 9, 2015, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Subdivision Request #07-15 for Regents Crest Request, submitted by Painter -Lewis, P.L.C., is requesting 42 townhouses and 24 single family small lots. The property is located on North Frederick Pike (Route 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood. The properties are identified with Property Identification Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 53-6-1-4, 53-6-1-5, 53-6- 1-6, 53-6-1-7, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1- 14, 53-6-1-15, 53-6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1- 22, 53-6-1-25, 53-6-1-26, 53-6-1-27, 53-6-1-28, and 53-6-1-28C in the Stonewall Magisterial District. Please note this item is presented for information purposes only. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Ch ran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This 's to certify that the attached correspondence was mailed to the following on 1 Z 1 �5 from the Department of Planning and Development, Frederick Coun , Virginia: 53 -A- - 61- HIETT RUSSELL 0 HIETT ANN B 930 AUTUMN VIEW LN WINCHESTER VA 53 - A- - 54- FINCHAM BEATRICE E 931 AUTUMN VIEW LN WINCHESTER VA 53 - A- - 55- SOVEREIGN HOMES INC PO BOX 501 FREDERICK MO 53A - 2- A- 5- ALLEY JOHNNIE JOSEPH III 109 REDWOOD LN WINCHESTER VA 22603.4230 53A - 2- A- 6- 22603-4200 CAMPBELL BENJAMIN E 111 REDWOOD LN 22603-4230 WINCHESTER VA 53A - 2- A- 7- 22603-4200 MCDANIEL ROBERT L MCDANIEL BETH NICOLE 234 BRYARLY RD WINCHESTER VA 22603-4101 21705-0501 53 - A- - 61-A HIETT RUSSELL 0 HIETT ANN B 930 AUTUMN VIEW LN WINCHESTER VA 22603-4200 53A - A- - 7- PEACEMAKER WAYNE J 1243 N FREDERICK PIKE WINCHESTER VA 22603.4213 STATE OF VIRGINIA COUNTY OF FREDERICK 53 - A- - 63-A WESTMINSTER-CANTERBURY 300 WESTMINSTER CANTERBURY DR WINCHESTER VA 22603.4216 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department I, Y-Ljn , S rn I , a Notary Public in and for the State and County aforesaid, do ereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated (j()x/. o1S , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this a f-h day of 11OVe.(7)tX_ r , a 0 ( j My commission expires on p+ e (Y)be- ►- -3(� . --L2019 NOYARY KATHRYN G. SMITH NOTARY PUBLIC REGISTRATION It 7660563 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEM8ER 30, 2019 NW LA—b d,i V154,ay;Ce To: -Barbara -Data Processing From: Pam -Planning Dept. Please print_ sets of labels by I_ (�! IS Thanks! 53-4_4 DA _s�_tA­ NOTIFICATION OF PUBLIC MEETING October 21, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST APPLICATION #07-15 FOR REGENTS CREST On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, November 4, 2015, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Subdivision Request #07-15 for Regents Crest Request, submitted by Painter -Lewis, P.L.,/ is requestingV lot subdivision. The property is located on Trafalgar Square, off Route 522in d Sunnyside intersection south side of Route 522. The properties are identified with Property jd Identification Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 51-6-1-4, 53-6-1-5, 53-6-1-6, 53-6-1-7, 53- 6-1-8, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-144, 53-6-1-15, 53- 6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1-22, 53-6-1-23, 53-6-1-24, 53-6-1-25, 53-6-1-26, 53-6-1-27, and 53-6-1-28C in the Stonewall Magisterial District. Please note this item is presented for information purposes only. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran ' Zoning Administrator l MRC/pd 11 , C u'k,'1 k, lL4k COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING October 21, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST APPLICATION #07-15 FOR REGENTS CREST On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, November 4, 2015, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Subdivision Request #07-15 for Regents Crest Request, submitted by Painter -Lewis, P.L.C., is requesting 42 townhouses and 24 single family small lots. The property is located on North Frederick Pike (Route 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood. The properties are identified with Property Identification Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 53-6-1-4, 53-6-1-5, 53-6- 1-6, 53-6-1-7, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1- 14, 53-6-1-15, 53-6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1- 22, 53-6-1-25, 53-6-1-26, 53-6-1-27, 53-6-1-28, and 53-6-1-28C in the Stonewall Magisterial District. Please note this item is presented for information purposes only. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, y Ar 4 Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING October 21, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST APPLICATION #07-15 FOR REGENTS CREST On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, November 4, 2015, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Subdivision Request #07-15 for Regents Crest Request, submitted by Painter -Lewis, P.L.C., is requesting 42 townhouses and 24 single family small lots. The property is located on North Frederick Pike (Route 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood. The properties are identified with Property Identification Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 53-6-1-4, 53-6-1-5, 53-6- 1-6, 53-6-1-7, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1- 14, 53-6-1-15, 53-6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1- 22, 53-6-1-25, 53-6-1-26, 53-6-1-27, 53-6-1-28, and 53-6-1-28C in the Stonewall Magisterial District. Please note this item is presented for information purposes only. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #02-03 REGENTS CRESCENT Staff Report for the Board of Supervisors Meeting Prepared: August 3, 2004 Staff Contact: Jeremy F. Camp, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/19/04 Tabled 07/21/04 Recommended Approval and approved three waiver requests Board of Supervisors: 08/11/04 Pending LOCATION: This property is located on North Frederick Pike (Route 522 N), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53-A-53 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District B2 (Business General) District ADJOINING PROPERTY ZONING & PRESENT USE: North Zoned: RP (Residential Performance) District B2 (Business General) District South Zoned: RP (Residential Performance) District East Zoned: RP (Residential Performance) District B2 (Business General) District West Zoned: RP (Residential Performance) District Use: Vacant Use: Residential Use: Residential Use: Residential Use: Residential Use: Vacant Use: Residential PROPOSED USE: Residential (28 Single-family detached cluster & 42 townhouses) and Commercial Uses This is to certify that the attached correspondence was mailed to the following on y/Z l // 5 from the Department of Planning and Development, Frederick County, Virginia: 53 -A- - 61- 53A - A- - 7- HIETT RUSSELL 0 PEACEMAKER WAYNE J HIETT ANN B 1243 N FREDERICK PIKE 930 AUTUMN VIEW LN WINCHESTER VA 22603.4213 WINCHESTER VA 22603.4200 53 - A- - 54- 53A - 2- A- 5- FINCHAM BEATRICE E ALLEY JOHNNIE JOSEPH 111 931 AUTUMN VIEW LN 109 REDWOOD LN WINCHESTER VA 22603.4200 WINCHESTER VA 22603.4230 53 - A- - 55- 53A - 2- A- 6- SOVEREIGN HOMES INC CAMPBELL BENJAMIN E PO BOX 501 111 REDWOOD LN FREDERICK MD 21705-0501 WINCHESTER VA 22603.4230 53 - A- - 61-A 53A - 2- A- 7- HIETT RUSSELL 0 MCDANIEL ROBERT L HIETT ANN B MCDANIEL BETH NICOLE 930 AUTUMN VIEW LN 234 BRYARLY RD WINCHESTER VA 22603.4200 WINCHESTER VA 22603.4101 53 - A- - 63-A WESTMINSTER-CANTERBURY 300 WESTMINSTER CANTERBURY DR WINCHESTER VA 22603.4216 Ae Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Dep ent of Planning and Development, whose name is signed to the foregoing, dated / ��/ //.S— , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this -�-) j day of OCR ' ()% S My commission expires on .Q"1 �" 3 / --e) t I Lam NOTARY PUBLIC m* -41AN 04 1 DEHAVEN ALFREff -5-1— 2 A 2 53A A 1 BLAINE JACKSON*"" WWP TME;LEHMAN RONALD: E k A 11 2,92,2 RP 6s- RpBLAINEA'i" �. . Ao� V19 , AP RP WETZELJEFFREY D ALKIRE-BLAACKSON- Kp Qp�, N �, R? k 2B 6' RP cY4 'Pl, 3 J I - I WENDALL H I/,V), A RP 53A 2 B1 2A • f1s S3,q I-Rt*ji*lK PIKE JENKINSIJAMES W -to7 &,,, 1� 4 kB SA RP REDWOOD L IDRP 4 IIENDALL H , BE'A' N R P I B 1 2 A E M SW 'JA�CKSON 'A /E tp 53A 2 B 3 S W NKINS JAMES W 0 N.WdOL; I wq '1243, 53 A I 0 �-'N J" I C (WWP)D LN SOVEREIGN H jo q-,Rlct PIKE "elly RP k 28 3A WE PATRICKIE NIL RP K2 1227 41 FREDERICK PIKE lkRD HAROLD .4 .24 RP Rf(I*Av L" -f08 E3 6 i I ety " ?t, JENNING:; INVESTMENTS .I' RP -53 JENNINGS'INVESTA21TS MLtC -AffR-PM -JE mi i �ffl ENNINI hZ 53 JENNI Il Q 61 1 !NGS INVESTI 53 A 63A NSTER-CANT RP � S3 #el 6 CA, Y( L I?lo FJENNINGS INVESTMENTS LLC 53 6,1,20 53 INGS INVESTMENTS LLC AUI Uft- INVESTMENTS LLC HIETT RUSSEL RP TMENTS, LLC rs QO VIIWIN 53 HIETRUSSELL C, 53 A 63 M A SMITH FAMILY LLC RP 9(6 0' 8A n4L J-�, Mwfutac)) NOTIFICATION OF PUBLIC MEETING October 21, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST APPLICATION #07-15 FOR REGENTS CREST On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, November 4, 2015, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Subdivision Request #07-15 for Regents Crest Request, submitted by Painter -Lewis, P.L.C., is requesting 66 lot subdivision. The property is located on Trafalgar Square, off Route 522 in Sunnyside intersection south side of Route 522. The properties are identified with Property Identification Numbers 53-6-1-1, 53-6-1-2, 53-6-1-3, 53-6-1-4, 53-6-1-5, 53-6-1-6, 53-6-1-7, 53- 6-1-8, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1-14, 53-6-1-15, 53- 6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1-22, 53-6-1-23, 53-6-1-24, 53-6-1-25, 53-6-1-26, 53-6-1-27, and 53-6-1-28C in the Stonewall Magisterial District. Please note this item. is presented for information purposes only. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd r S3 1,4 a if 3 e� N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA M o" k GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED: I oI �-(o I IS REQUESTED COMPLETION DATE: 1 O S REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone:. E-mail Address: ESTIMATED COST OF PROJECT: [MV.14 DESCRIPTION OF REQUEST: (Write additional information on back of request) lo, IrYI S�bd�„►s:c�:�u�s� 6 �_�2-� �e ens Ces-t s 5l0-I - I t'�1ruu h �� 9 DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NOM Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) SLkb lviS�U� "'FE, -k T", S 9/10/2015 Job # : 1502029 Regents Crest DISTRIBUTE TO: Ms. Candice Perkins, Frederick County Planning Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 P:540-662-5792 F:540-662-5793 officeQa painterlewis.com FROM: Mr. lohn C. Lewis FOR: (X )Review&Comments ( )Approval&Signature () Informational Purposes ( )Bid Purposes OFinal Copy ( )Advanced Copy OFor Submittal ( )Review Complete ( )Revisions ( )Red -Lines Q[II' DESCRIPTION STAFF 1 SD Plan Comments JCL 1 J1I Design flan unem POA 1 _ Cheek #25357 $9,100.00 2 sets of plans SIGNATURE LINE CL CL CL '2= %_�7 is xU V ! Z f "°: SEP 1 0 2015, FREERlCK COlJNT PIL-NN:N AND'dEtCiYrp_zpp" , .�iV.ttV/-1J RGlsG1V 1.7 I. LCJ.. a�ii U. 66 LOTS 24 singUie faAily 42 townhome unit;- i Tease note: The Subdivision/MI P 1)I11115 associlacd with this file are located in the lilt room. L _