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HomeMy WebLinkAbout06-08 Sovereign Village 5 99 Lots 20.73 Acres Red Bud - BackfileSUBDIVISION CHECKLIST Comment sheets from the following agencies, along with any marked copies of the plan: VDOT l'. Sanitation Authority 1/ ✓ Inspections Department // Fire Marshall City of Winchester L—`" GIS Health Department if Parks & Recreation County Engineer 2. 1r One copy of the subdivision application TRACKING SHEET Date 6AD 1q)o &(- P �. L10 Application received c0 Fee paid (Amount: $JQ L100 -' To be filled in if an MDP is associated with this subdivision MDP# 0 / — Dr% Approved by BOS: O Admin. Approval: G ` Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual File given to Renee' to update Application Action Summary Final plat(s) submitted with review agency signatures along with: Recorded Deed of Dedication Bond estimate (if required) $_ s i- DATE NO. �,.�.. ix 1 ° 9 N RECEIVED FROM N ADDRESS JFOR RENT yf, y Q J FOR l 7 ..-c—, L. E OD �: A � o m 0 co CD N +' O IF O IF°� a. v� �o C� O w a kn AMT. OF CASH ACCOUNT AMT. PAID g`� •^- CHECK BALANCE MONEY DUE ORDER DOLLARS S __--- BY / s-_ sr i k--a DATE U NO RECEIVED FROM ADDRESS QJi�-dt v`Z1 U°1�1LA ZIjC1` T\. —4A-&-k 144E DOLLARS $ py J FOR RENT. J FOR s AMT. OF CASH ACCOUNT AMT. PAID l� -� CHECK BALANCE MONEY DUE ORDER ("A 10�- ((fitBY c Z 111 r IS Cc <� r I � , • rc, u '= . o _z w v7 w FOW LLI Lr cc X r0 m a: 0 per" O O mlU o ZS9S-S99-Ot'S Z09ZZ ` A'aalsayaui/N ZOZ @IS laaalS lua)l 'N LOT lu@wdolanaa 7g Suiuueld jo luawlieda4 Ajuno0 �oiaapaa j eoesb wuoi lwl nL- O N 1.D as 9 SHEET INDEX SHEET 1 COVER SHEET SHEET 15 LOTS 31-33 SHEET 26 LOTS 75-80 SHEET 2 OVERALL MAP SHEET 16 LOTS 34-36 SHEET 27 LOTS 81-84 SHEET 3 NOTES SHEET 17 LOTS 37-40 SHEET 28 LOTS 85-87 SHEET 4-7 DATA TABLES SHEET 18 LOTS 41-44 SHEET 29 LOTS 88-90 SHEET 8 LOTS 1,2 SHEET 19 LOTS 45-49 SHEET 30 LOTS 91,92 SHEET 9 LOTS 3-8 SHEET 20 LOTS 50-53 SHEET 31 LOTS 93, 94 SHEET 10 LOTS 9-14 SHEET 21 LOTS 54-57 SHEET 32 LOTS 95,96 SHEET 11 LOTS 15,16 SHEET 22 LOTS 58-62 SHEET 33 LOTS 97-99 SHEET 12 LOTS 17,18 SHEET 23 LOTS 63-67 SHEET 34 OPEN SPACE SHEET 13 LOTS 19-25 SHEET 24 LOTS 68-70 SHEET 35 EASEMENTS SHEET 14 LOTS 26-30 SHEET 25 LOTS 71-74 SHEET 36 EASEMENTS SHEET 37 EASEMENTS FINAL SUBDIVISION PLAT SECTION 5 k, SOVEREIGN VILAGE x RED BUD MAGISTERIAL DISTRICT, fREDERICK COUNTY, WRGIN14 v E N S S. TH a SCALE. I" = 400' DATE. OCTOBER 6, 2009 Lic. 0. 1837 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 SUR Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 2185 SHEET 2 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 16 AREA TTABULAT/ON ORIGINAL AREA TM 65 A-39B 20.7318 AC. LOTS 9.8943 AC OPEN SPACE 9.2680 AC. RIGHT—OF—WAY DEDICATION 1.5695 AC. TOTAL BRL = EX. _ ESMT. SAN. - SEW. INST. C/L = S/W WGLC BUILDING RESTRICTION LINE EXISTING = EASEMENT SANITARY SEWER INSTRUMENT CENTER LINE SIDEWALK WASHINGTON GAS LIGHT CO. 20.7318 AC. R/W = RIGHT—OF—WAY (SFD) = SINGLE FAMILY DETACHED HOUSE TYPE (MPLX) = MULTIPLEX HOUSE TYPE +++++ = PROPOSED WATER LINE EASEMENT ® = PROPOSED SANITARY SEWER EASEMENT — PROPOSED DRAINAGE EASEMENT HOUSE TYPES AND SETBACKS SINGLE FAMILY DETACHED ZERO LOT LINE (35 LOTS) MUL7IPLEX-2 BEDROOMS (64 LOTS) REQUIRED SETBACKSREQUIRED SETBACKS: FROM R.O. W. — 25' FROM R.O. W. — 35' REAR — 25' REAR FROM PER/M/ETER BOUNDARIES— 25' MINIMUM ON —SITE BUILDING SPACING — 25' SIDE FROM PERIMETER BOUNDARIES — 15' MINIMUM BUILDING SPACING — JO' .NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON /S BASED ON PLATS OF RECORD PREPARED BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP NO. 510063 0120 B, DATED JULY 17, 1978. 4. THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON /S RECORDED AS INSTRUMENT No. 070011100. 5. 50' COMMON SHARED BUFFER AND SCREENING EASEMENT /S PER ZONING ORDINANCE 165-37 D. AND MASTER DEVELOPMENT PLAN REVS/ON FOR SOVEREIGN VILLAGE APPROVED JULY 10, 20OZ 6. 80' ROAD EFFICIENCY BUFFER /S PER MASTER DEVELOPMENT PLAN REVISION FOR SOVEREIGN VILLAGE APPROVED JULY 10, 20OZ Z ALL LOTS ARE SUBJECT TO A 10' SLOPE, DR41NAGE AND UTILITY EASEMENT ALONG ALL STREET RIGHT—OF—WAY LINES AND A 10' DRAINAGE AND U77L/TY EASEMENT ALONG ALL OTHER PROPERTY LINES (CENTERED ON SIDE LINES). 8. CHANN/NG DRIVE IS RECORDED BY INSTRUMENT Nos. 030007982, 070011100 & 070011416. FARMINGTON BOULEVARD /S RECORDED BY INSTRUMENT Nos. 010017J62, 0J0007982 & 040023123. ROSSMAN BOULEVARD /S RECORDED BY INSTRUMENT Nos. 010017362, 020007579, 030004670, 0JO021202 & 060004484. CANYON ROAD IS RECORDED BY INSTRUMENT Nos. 060004484, 070011119 & 070011416. 9. ALL RECORDING INFORMATON REFERS TO THE FREDERICK COUNTY, WRG/N/A LAND RECORDS UNLESS OTHERWISE NO7r:0. 10. THAT PORTION OF THE 10' WASHINGTON GAS LIGHT COMPANY EASEMENT THAT FALLS WITHIN 714E DEDICATED RIGHT—OF—WAY OF BUTTERHOUSE WAY /S TO BE VACATED BY A SEPARATE DOCUMENT. FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN/A SCALE.• N/A I DATE- OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane k4007, Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com TH pj;, P 5 Lic. No. 1837 1 2185 SHEET 3 OF 37 1 DATA CURIE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 1000.00' 5'59'10" 104.48' 52.29' N 41'41 '27" E 104.43' C2 920.00' 3'2957" 56.19' 28.10' N 40'26'51 " E 56.18' C3 272.00' 22'04'05" 104.76' 5.3 04' S 32' 19'37" E 104.12' C4 328.00' 69' 13'14" 396.27' 226.36' S 5554' 12" E 372.60' C5 43.00' 86'23'15" 64.83' 40.37' S 47'19'12" E 58.86' C6 525.00' 78'55'40" 723.22' 432.22' S 35'20'15" W 667.38' C7 925.00' 29'02'38" 468.89' 239.60' S 60' 1645" W 463.89' C8 1000.00' 15'55'07" 277.83' 139.82' S 37'47'53" W 276.94' C9 43.00' 85'2442" 64.10' 39.69' S 72'32'40" W 58.33' C10 250.00' 4'39'02" 20.29' 10.15' N 2734'32" E 20.29' C 11 200.00' 8'2631 " 29.47' 14.76' N 33'4525" W 29.44' C 12 1300.00' 20'5348" 474.13' 239.73' S 66' 10'34" W 471.50' C 13 271.50' 32244 " 16.01 ' 8.01 ' S 265623" W 16.01 ' C 14 25.00' 90'00'00" 39.27' 25.00' S 70' 15'01 " W 35.36' C 15 271.50' 1' 16' 18" 6.03' 3.01 ' S 29' 15'54" W 6.03' C 16 17.50' 56'08'30" 17.15' 9.33' N 01'4948" E 16.47' C 17 52.50' 86'31 '08" 79.28' 49. 40' N 1701 '08" E 71.96' C 18 52.50' 25' 16'01 " 23.15' 11.77' N 72'5443" E 22.96' C 19 52.50' 31 ' 19'25" 28.70' 14.72' S 7847'34 " E 28.35' C20 52.50' 11'5331 " 29.22' 15.00, S 4711'06" E 28.85' C21 52.50' 17'22'33" 15.92' 8.02' S 22'33'04" E 15.86' C22 52.50' 9954'21 " 91.54' 62.46' S 36'05'22" W 80.38' C23 17.50' 56'08'30" 17.15' 9.33' S 5758'18" W 16.47' C24 228.50' 4'39'02" 18.55' 9.28' N 27'3432" E 18.54' C25 25.00' 90'00'00" 39.27' 25.00' N 19'4459" W 35.36' C26 43.00' 36'22'19" 27.30' 14.13' N 82'56'08" W 26.84' C27 43.00' 49'0223" 36.80' 19.61 ' N 54'21 '31 " E 35.69' C28 1000.00' 2'0 1'02" 35.21 ' 17.61 ' S 30'50'50" W 35.21 ' C29 1000.00' 3'2256" 59.03' 29.53' S 33'3249" W 59.02' C30 1000.00' 3'2256" 59.03' 29.53' S 36'5546" W 59.02' C31 1000.00, 3'2256" 59.03' 29.53' S 40' 18'42" W 59.02' 02 1000.00' 3'2256" 59.03' 29.53' S 43'41'39" W 59.02' C33 1000.00' 0'22' 19 " 6.49' 3.25' N 45'34' 17" E 6.49' 04 25.00' 87' 11 '40" 38.05' 23.80' S 05'37'09" W 34.48' 05 925.00' 3'27'33" 55.85' 27.93' S 47*29'13" W 55.84' 06 221.50' 6'31 '21 " 25.21 ' 12.62' S 3443'00" E 25.20' 07 17.50' 2T05'07" 8.27' 4.22' S 43'04'43" E 8.20' C38 221.50' 1'55'11 " 7.42' 3.71 ' S 30'2945" E 7.42' 09 52.50' 26'51 '25" 24.61 ' 12.53' S 72' 1456" E 24.38' C40 17.50' 29'0322" 8.87' 4.53' S 710858" E 8.78' C41 52.50' 31'08'03" 28.53' 14.63' S 43' 15' 12" E 28.18' C42 52.50' 23'56'21 " 21.94' 11.13' S 15'43'00" E 21.78' C43 52.50' 25'04'04" 22.97' 11.67' S 08'47'13" W 22.79' C44 52.50' 29'13'18" 26.78' 1.3 69' S 35'5554" W 26.49' C45 52.50' 31 '43'09" 29.06' 14.9 1' S 6624'07" W 28.69' C46 52.50' 47'34'09" 43.59' 2.3 14' N 7357'14" W 42.35' C47 52.50' 14'4424" 13.51' 6.79' S 42'4757" E 13.47' C48 52.50' 18'42'41 " 1 17.15' 8.65' S 26'04'25" E 1 Z07' C49 1312.00' 1' 12'05" 1 27.51 ' 13 76' S 56'26'21 " W 27.51 ' C50 1312.00' 1'12'04" 1 27.50' 13.75' S 573826" W 27.50' FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, MINIM SCALE- N/A DATE.• OCTOBER 6, 2009 lo GREENWAY ENGINEERING, iNc. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com `if%M TH OF LIc.'NO. 1837 a 0 W N CURVE DATA CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 101 525.00' 358' 17" 36.39' 18.20' S 64' 12'43" W 36.38' C 102 52.50' 7'4538" 7. 11' 3.56' N 29' 13'47" W 7.11 ' C103 525.00' 5'20'10" 48.90' 24.47' N 59'33'29" E 48.88' C 104 1 525.00' 5'20' 10" 48.90' 24.47' N 54' 13'19" E 48.88' C105 25.00' 29'4554" 12.99' 6.64' N 475933" W 12.84' C 106 525.00' 9'50'47" 90.22' 45.22' N 46'37'50" E 90.11 ' C 107 525.00' 323'29 " 31.08' 15.54' N 40'00'41 " E 31.07' C 108 525.00' 6' 13'32" 57.04' 28.55' S 35' 12' 11 " W 57.02' C 109 525.00' 1'4542" 16.14' 8.07' N 31' 12'34" E 16.14' Cl 10 525.00' 6 28' 19" 59.30' 29.68' S 27'0533" W 59.27' C 111 525.00' 421 '34" 39.95' 19.98' N 21040'37" E 39.94' Cl 12 525.00' 6'33'45" 60.13' 30.10' S 16' 12'57" W 60.10' C113 525.00' 1'4243" 15.69' 7.84' N 12'04'44" E 15.69' Cl 14 525.00' 638'02" 60.79' 30.43' S 0754'21 " W 60.75' Cl 15 525.00' 8'4255" 79.86' 40.01 ' N 00' 13'53" E 79.78' Cl 16 43.00' 78'2733" 58.88' 35.11 ' N 43'21 '21 " W 54.39' Cl 17 328.00' 93228" 54.62' 27.37' S 85'4435" E 54.56' C118 43.00' 75542" 5.95' 2.98' S 86'32'58" E 5.95' C119 328.00' 10'4429" 61.49' 30.84' S 7536'07" E 61.40' C 120 328.00' 10'4439" 61.51 ' 30.84' S 64'51 '33" E 61.42' C 121 328.00' 38' 11 '38" 218.65' 113.56' S 40'2324 " E 214.62' C 122 25.00' 65'34'16" 28.61 ' 16.10' S 84'20'21 " W 27.07' EASEMENT CURVE DATA CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC 1 1324.00' 0' 11 '52" 4.57' 2.28' S 5934' 12" W 4.57' EC2 1317.37' 239'53" 61.27' 30.64' S 5749'58" W 61.26' EC3 1324.00' 0'04'32" 1.75' 0.87' N 63' 14'46" E 1.75' EC4 I 1317.00' 0'46'40" 1 17.88' I 8.94' 1 N 75'42'37" E 17.87' EC5 1 1276.00' 0' 10'51 " 4.03' 2.01 ' N 70' 17'26" E 4.03' EC6 1276.00' 0'0621 " 2.35' 1.18' S 68'22726" W 2.35' EASEMENT LINE DATA LINE BEARING DISTANCE EL 1 S 14'31 '14" W 9.93' EL2 S 81'13'56" W 25.26' EL3 S 73'3955" E 10.29' EL4 N 51'42'07" E 22.61' EL5 N 25'29'10" E 9.89, EL N 65'38'09" W 9.70' EL S 33'2854" E 31.62' EL8 N 60'09'41 " W 121.00' EL9 N 29'50'19" E 151.08' EL 10 N 60'05'57" W 131.28' EL 11 N 29'50'19" E 161.48' EL 12 N 30'2735" E 63.85' EL 13 N 333249" E 66.14' EL 14 N 365546" E 66.17' EL 15 N 40' 18'42" E 66.17' EASEMENT LINE DATA LINE BEARING DISTANCE EL16 N 43'41'39" E 49.08' EL 17 N 88'41 '39" E 39.00' EL 18 S 53'04' 14 " E 76.58' EL 19 N 52'01 '19" E 104.90' EL20 S 56 5324" W 31.17' EL21 S 14'24' 13" W 1 Z 04' EL22 N 56'5324" E 14.19' EL23 S 78'06'36" E 19.86' EL24 S 39'02'30" E 10. 71' EL25 N 75' 19'43" E 78.04' EL26 N 30' 19'43" E 80.05' EL27 N 04'34'07" E 227.92' EL28 S 3834'13" W 147.47' EL29 S 36'06'04" W 167.43' EL30 S 30'06'08 0 W 262.50' FINAL SUBDIVISION PLAT SEC77ON 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE: N/A DATE: OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com NTH p, k, a Llc. N0. 1837 1 2185 SHEET 6 OF 37 1 EASEMENT LINE DATA EASEMENT LINE DATA LINE BEARING DISTANCE EL31 S 60'09'41 " E 9.46' EL32 S 3834'13" W 232.60' EL33 S 30'57'40" E 153.95' EL34 S 30'57'40" E 115.32' EL35 N 6534'10" E 140.56' EL36 N 72'3323" E 191.36' EL37 S 73'05'57" E 16.36' EL38 S 16'54'03" W 10.00' EL39 N 73'05'57" W 168.25' EL40 N 42'27'30" W 242.73' EL41 N 432953" W 90.99' EL42 N 41'5542" E 41.97' EL43 N 13'27'30" W 34.62' EL44 N 04'3449" W 81.62' EL45 N 03'05'09" E 74.66' EL46 N 84'4455" E 83.75' EL47 S 60'05'57" E 7.54' EL48 S 60'05'57" E 109.91' EL49 N 29'55'02" E 364.45' EL50 N 25' 15'01 " E 110.47' EL51 S 19'4529" E 47.47' EL52 S 644459" E 126.86' EL53 N 29'50'19" E 303.55' EL54 N 29'50'19" E 60.77' EL55 N 333249" E 77.15' EL56 N 36'5546" E 41.56' EL57 N 05'4423" E 215.28' EL58 N 425437" W 13.32' EL59 S 42'54'37" E 4.34' EL60 S 23'4326" E 13.70' EL61 N 60'0557" W 126.11' EL62 S 58'3425 0 E 29. 01 ' EL63 S 363333" E 181.93' EL64 N 58'34'25" W 7.1.6' EL65 S 7720'17" W 137.15' EL66 N 44'20'26" W 23.50' EL67 N 7720'17" E 145.67' EL68 N 8139'46" W 47.29' EL69 N 14'24'13" E 47.82' EL70 N 13' 14'34 " W 52.90' EL71 N 61'3933" W 87.25' EL72 N 43' 12'08" W 77.47' EL73 N 10'4849" W 78.85' FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE LINE BEARING DISTANCE EL74 S 16'40'48" E 91.25' EL75 S 16'40'48" E 124.00' EL76 N 342323" W 49.89' EL77 I N 54'30'31 " W 62.17' EL78 S 23'37'50" E 33.05' EL79 S 372859" E 10.38' EL80 S 5430'31 " E 20.34' EL81 S 342323" E 4.3 98' EL82 N 59'02'20" E 52.02' EL83 N 65' 16'20" E 10.61 ' EL84 N 30'57'40" W 107.58' EL85 N 65' 16'20" E 124.10' EL86 N 69' 16'06" E 17.80' EL87 N 32'08'38" W 101.68' EL88 N 69' 16'06" E 7.86' EL89 N 73'00'27" E 90.53' EL90 N 62'05'50" W 40.56' EL91 S 694734" W 147.84' EL92 S 32'08'38" E 81.24' EL93 N 73'00'27" E 2.86' EL94 N 60'05'57" W 10.00' EL95 N 66'5631 " E 209.50' EL96 N 64031 '05" W 14.79' EL97 S 622732" E 8.06' EL98 S 64'31 '05" E 12.4 1' EL99 N 29'54'03" E 16.70' EL 100 N 6102827" E 40.73' EL 101 N 36'5546" E 19.83' EL 102 N 40' 1842" E 67.35' EL 103 N 43'41 '39 " E 66.46' EL 104 S 52'01 '19" W 119.50, EL 105 S 37584 I" E 40.23' EL 106 N 56'2738" E 99.22' EL 107 N 59'02'20" E 167.67' EL 108 N 65'4233" E 154.10' EL 109 N 73'00'27" E 135.76' EL 110 N 56'5324 0 E 42.27' EL 111 N 56'5324" E 87.45' EL 112 N 38'34'01 " E 42.85' EL 113 N 3953'50" W 182.88' EL 114 N 4735'01 " W 33.41 ' EL 115 S 16'4626" E 236.58' EL 116 S 59' 1755" W 161.92' RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE N/A I DATE. OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com NTH OF a Lic. No. 1837 � t_stov& SHEET 7 OF 37 SUB 08-13 N 29'S4' .30 E _ /L 25'15'O1 "�22.92' (r0 525•05 C10 97.92 21.5' BROCKHAM WA Y (L=15. 20.91' 01 o C13 472.92 EL50 SEE SHEET 15 25.00' it 20 L 3' S/W ESMT. I i DRAINAGE I ao ESMT. + •.: �v 25' BRL •` w LOT 2 S LOT 3 N obi N I 6590 SF SEE SHEET 9 h `I� (SfD) I zC'4It j I N251501 E 113.92 I�z W ml LOT I I; I DRAINAGE :, : coo h ESMT. N' 22 972 E y 6892 SF o a I (SFD) a49••• � i I � N 25'f5'01 " E 113.9 °0 . � 2J w N 26009106" E 121.01 j �; • _ 20' DRAINAGE 20' DRAINAGE ESMT. / �•yg�• ' ESMT. / y / 30 0 30 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SEC77ON 5 O N, SOVEREIGN VILAGE RED BUD MAGISTERML DISMICT, FREDERICK COUNTY, WRGINIA XoNES SCALE.• -/tN - Founded in 1971 1, = 30 DATE.• OCTOBER 6. 2009 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Engineers Winchester, Vbginia 22602 Surveyors Telephone. (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com Lic. Mo. 1837 vkul - S U P., SHEET 8 OF 37 SUB 08-1 J J N 50 BUf,F .. o— 5. INACTIVE• g 25' ACTIVE " N N r� •�� -. o _ . ..•. •N• 60`Q557-".•��..:.99.91' .: � • f� EL47. ,EL48 •.. ... OPEN SPACE 4432 SF 20' DRAINGAGE ESMT SEE SHEET 8 LOT 9 SEE SHEET 10 N 60'05'57" W 99.85' LOT 8 C m 2746 SF N (MPLX) I N 60'0557" W .99.86' �I m. LOT 7 I� m N I 3295 SF I� (MPLX) Al 60'05'57" W 199.86' 20' Dffi N GE ESMT. I I OPEN SPACE 078 SF I N 60'05'57" W 199.86 �) LOT 6 m J296 SF °p N (MPLX) r� N 60'05'57" W 99.89' �. LOT 5 N I (L ) F MPPLX N 60'05'57" W 9_9.89'jqj I 20' DRAINAGE �ESMT. — m• LOT 4 N I 2747 SF (MPLX) �m N 60'05'57" W 99. 0' m LOT 3 �m 3297 SF 21.5' N Cc ca m N �2 �T N 30 0 30 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, MGM SCALE.• 1 " = 30' 1 DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com TH oF; 1' / �Gl to. Llc. W0. 1837 vsR�1� � 1 2185 SHEET 9 OF 37 1 v-Z fn OPEN SPACE 8.8991 AC. 1.39' SEE SHEET 11 N 60'05'57" W 99.57' zT— �. LOT 14 m 3293 SF m (MPLX) I N 60005'57" W 199.79' m* LOT 13 p 2744 SF IN N (MPLX) '� N 60'05S7" W 99.80' 50' BUf.FER g 5' INACTIVE 16 25' ACTIVE N , LOT 12 ml 2745 SF iw� (MPLX) in 1 N 60005'57" W 99.81' ml LOT 11 Im I 3294 SF NI (MPLX) N 60005'57" W 99_.82' 7-- 1 OPEN SPACE tL�' 3555 SF I r .1 NO I 20' DRAINAGE iESUT — _' h N 60'05'57" W 99.83 � N• I LOT 10 m 3295 SF N (MPLX)hq N 60'0557" W 199.84' o LOT 9 m ml 2746 SF I N (MPLX) N 60'05'57" W 99.85' LOT 8 SEE SHEET 9 30 0 30 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE- I" = 30' I DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 *T Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com TH 0i Lic. Pao. 1837 117 a 0 c� SEE SHEET 20 OPEN SPACE 8.8991 AC. S 64.042" E 121.00' (TOTAL) ° 33.00 27.50 W I LOT 15 LOT 16 o co SF 3899 SF W •h (MPLX) N (MPLX) N cn ORL +� 5,1j�gC� 2 25' ,gCTNE- \ � o 0 o / 3' S/W ESMT. N 24.1524' W ° 21.07' / m �I 0 1OPEN SPACE Q ui 8.8991 AC. U � W I � • o N 60'05'57' W 99.57 0 Pt LOT 14 N I SEE SHEET 10 I 2 30 0 30 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SEC77ON 5 p,LTH pF Dr SOVEREIGN VILAGE RED BUD MAGISTERIAL. DISTRICT, FREDERICK COUNTY, WRGIN/A x � NEST S. WORTH � SCALE.- 1' = 30' T DATE.• OCTOBER 6, 2009 Llc. 0. 1837 GREENWAY ENGINEERING, INC. �/o 9 04' 151 Windy Hill Lane SUI���'� Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 2185 SHEET 11 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 OPEN SPACE 8.8991 AC. S 64'45142' E 'I as9 :Q ' • OPEN SPACE 8.8991 AC. LOT 171, 3809 SF 3 W 2932 SF (MPLX) , (MPLX) W00 Zj Cn N N N y' t :. 2 1 35 BRL 2i � 121.00' (i'OTAL) �-o G20 0 it MT E U k 00P ,S 76'08'12' W 27.39' 20 DR41MA4GE---,\.. ESMT. / OPEN SPACE 8.8991 AC. S 80'05'57' E 100.508 LOT 19 SEE SHEET 13 20' WATER LINE ESMT. k 30 0 30 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, fREDERICK COUNTY, WRGIN14 SCALE - Pounded in 1971 Fid[Mf; DATE- OCTOBER 6, 2009 GREENWAY ENGINEERING, imp. 151 Windy Hill Lane Sug gers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 www.greenwayeng.com 21 NTH p Llc. D(O. 1837 �' lD �o� 04• a ow X- C) k l OPEN SPACE h . • w k 8.8991 AC. : �u k LOT 42 I i o S 60005'57w E 100.50' SEE SHEET 18 Q ,X $ ( LOT 19J317 SF g x x I (MPLX) ' Z 21.5 ( �• J o. S 60'05'57" E _100.500 3 `x k LOT 41 -+ LOT 20 M x SEE SHEET 18 2764 SF ^ N 4 k \ 04 (MPLX) N S :: S 60'05'57w E 100.50' k [—J' S/w JsMT LOT 21 b 3 k x x Q h r l 2764 SF h k 3` N I m (MPLX) N w i k .:k LOT 40 o S 60'05 57 E_ 100.50 0 k X k SEE SHEET 17 qw �� � S � m � LOT 22 3317 SF 200 $ � ',• : �� V icy (MPLX) DRAINAGE �" Y. x ESMT. x IN 60'05'570 W _ 100.500104 o k (� 03,92) .. OPEN SPACE: EL61. k •x S SY05'57w E _114 00.50' o � x o �u • I r• x x x o - I LOT 23 N LOT 39 SEE SHEET 17 3317SF g' N " I (MPLX) x x 2 � ' S 60'0557w E_ 100.50' LOT24�ak m 2764 SF N I I (MPLX) N ;k :x LOT 38 o __ S 60'0557w E_ 100.50 o A 3 k ,�; x SEE SHEET 17 3' S/W ESMT. N Cj o LOT 25 0 3 -: Q� h l m I 2764 SF h i•� y k N (MPLX) ' N .Ia k x S 60'05 57 E _ 100.50 0 I I LOT 26 SEE SHEET 14 I y x k• NOTE. SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLA T SECTION 5 p,LTH p�, Dr SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 ERNEST S. WORTH a SCALE 1 " = 30' 7 DATE OCTOBER 6, 2009 LI'c. 0. 1837 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane SUR��'� Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX: (540) 722-9528 1 2185 SHEET 13 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 LOT 25 I SEE SHEET 13 S 60'05'57" E _ 1 g 20' LOT 26 �, WATER m I 3317 SF UNE (MPLX) ESMT. N 6705'57" W 11 re! 21 ^ k y w W co " x k OPEN SPACEk x �- X x x X x o ^� x '� k x 8.899AC. X_k�cJC X k X k X X �1'O X x x k y �' S 6705'57" E 100.50' _ 20 o LOT 27 DR4l I °p 3317 SF ESK x . I (MPLX) S 60'05'57" E 100.50' LOT 28 x: Im I 2764 SF (MPLX) ^ x �k • x X h N' S 61705'57' E _ 100.50' I g LOT 29 m ( 2764 SF ' (MPLX) Z o, S 60'0557" E _ 100.50 o'�n : o Cd x: 3 s/w ESMr. LOT 30 - N y •�- k m ! 3317 SF (MPLX) $ x X k x to N 60005*57" W 100.50' _ OPEN SPACE o :: LOT 38 SEE SHEET 17 LOT 37 SEE SHEET 17 LOT 36 SEE SHEET _ 20' WATER UNE ESMT. LOT 35 SEE SHEET 16 PR. 20' WATER UNE ESMT. (22.30) 8.8991AC,__... xxxX Xxx. E152j ryry-pp�� p I LOT 31 DR41AME OPEN SPACE o I SEE SHEET 15 ESUT 8.8991 AC. V � 30 0 30 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, MINIM SCALE- 1 " = 30' 1 DATE- OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com ,TH 6; H a Lic. No. 1837 sURv�' 1 2185 SHEET 14 OF 37 1 �^ "4 IRK Cd a� 25' BRL 3' S/w o ESMT 4 57' C24 37.42' _ BROCKHAM WAY N 29'S4'03' E C103�R 525 05 N 25015 01 E 25' BRLDMNAGE I ESAIT: I • . �� I YI 35.50' I 21.5' (8.56') I I 97.92' , 122.92' )MAL) 3' SA ESK Q ° Z �I z UjI 25.00' SEE SHEET 8 30 0 30 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. GR4PHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE. I' = 30' DATE OCTOBER 6, 2009 lo GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com ,TH l Lic. th 1837 e�9�p'0'0.. 99.S0 1 1-4 to. LOT 37 SEE SHEET 17 C Ll N 60'09'41 " W 111.00' DRAINAGE -T ESMT. LOT 36 6716 SF ml mI (SFD) h NIN I SW. SEW. ESMT I / 60'09'41 " W 11 1.00' I LOT 35 / 6716 SF m I (SfD) N / EX. 10' WGLC ESMT. N /NST. NO. 030006383 I 20' WATER I LINE ESMT. / I x. k xo N 60'09'41 " W 111, x - OPEN SPACE x x x x •EL52 x x '8 899 f AC x'�-�---- �' x x 0 w o= N� 15' DRAIN ESMT. x S 64 44 59" E 121.00' `TOTAL) k x 60.50', �i 25' BRL 25' BRL LOT 33 $� LOT 34 SEE SHEET 15 6647 SF / (SFD) / I .Cb / 20' SM / i N 1 SEW. ESMT. ' I 25' BRL Z 25' BRL i 9 h 1 . SAN. SEW, ESMT /NST N0. Ti 017362 — E 96 AND /NST. NO. 020005480 Q r — - a97 EL98 L=10.78 eOZ6 ``-30 D 30 64 44,59 W 378.31 (riDTAL) � 5 4 3' S/W ESMT. GRAPHIC SCALE (IN FEET) c�L EX/STING FARMINGTON BL VD. 50' RIW _ NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLAT SEC77ON 5 �,LTH p�,, k SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRG/N/A E TH a SCALE,• 1 " = 30' T DATE.• OCTOBER 6, 2009 Llc. 0.1837 lo GREENWAY ENGINEERING, mC. 151 Windy Hill Lane $UR�� Engineers Winchester, Virginia 22602 4TSurveyors Telephone: (540) 662-4185 FAX (540) 722-9528 2185 SHEET 16 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 O W x a0IK y � h a O ad x x x x W m 20 DRAINAGE._*k ESMT. 2 I x k '-EL61. YC T DRAINAGE xESMT :•' .JAR O N I x O WD7ER :.k LINE I ESMT. Hai • O m 0 IK ''�r�Ikfkh N' Q V x k 41 L x• O OCd .,�X at •x N EL 10 X k k x�CPA 20, • ' x x. 4i WATER LINE ESMT. LOT 41 SEE SHEET 18 W08'39" W 111.00' SAN. I I SEW. a0 ESMT.I I cr LOT 40 I `' 6822 SF m (SFD) N . I N N 6LT09'41 " W I I f.00' a I LOT 39 m I I I 6716 SF I (SFD) N I I � 1 J " N 60009 41 W 111.00 EX. 10' WGLC ESMT. I INST. NO. 030006383 LOT 38 m 6716 SF (SFD) I N 6000941 " W 111.00' SAN.' I LOT 37 6716 SF (SFD) 60*09'41 " W LOT 36 SEE SHEET 16 111.00' SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLA T SECTION 5 SO VEREIGN VILA GE RED BUD MAGIVERML DISTRICT! F7REDERICK COUNTY, WRGIN14 SCALE. I" = 30' I DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, imp. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com 40' 30 0 30 GRAPHIC SCALE (IN FEET) TH ply; a LI'c. Ao. 1837 �d 3URv�� 1 2185 SHEET 17 OF 37 1 / X !� /x Oft x X x x X/ x x x OPEN SPACE` x8.8991 AC.• X x x ,rj I X X x x x x x —P N '14'36'S.3' W 111, p0' I X x X I I X v m X I�c ,41 x :� Nu I N Ix I x Ix Z 20' WATER x LINE ES T. x W X X x �Q x x xo� x x xN 0 ix x x C I O a0 x x x X : 1 m w x P .n x A j` x I IX 14 2 X x x x X4 x O x x x X x x x x 2 I .x•. W J I X x •x 1� N L. i x .x x I Q 6 X k x h._ ` x: X Z L5 0 20' WATER x LINE ESMT. x .x X x ca X I • (X� J � � NI ••1 ,�• X x ' 20' ...•,�..• . • DRAINAGE ESMT. •� kJI I LOT 44 II 6895 F m I N �I (20.41)� N 4759'49 »,0 0, I SAN. SEW. LOT 43 Es"T i 6895 SF (SM) m I N• 46" W I11.00' EX. 10' WGLC ESMT. INST. NO. 030006383 J LOT 42 m 6895 SF N (Sf V) I N 54a2LM. W 111-.00 _ SAN. SEW. ESMT. v%//o LOT 41 6895 SF NI (SFD) I 08,39M w 111.OL LOT 40 SEE SHEET 17 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD WGISTERM DISTRICT, FREDERICK COMM, WRGINLA SCALE- 1 " = 30' I DATE.' OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 4VEngineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com 3' S/W ESMT. i Q c co OI m oc C Z it co �I LU I 30 0 30 GRAPHIC SCALE (IN FEET) TH ply, Lic. Ko. 1837 �_ SURIO-� a LOT 41 6895 SF NI (SFD) I 08,39M w 111.OL LOT 40 SEE SHEET 17 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD WGISTERM DISTRICT, FREDERICK COMM, WRGINLA SCALE- 1 " = 30' I DATE.' OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 4VEngineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com 3' S/W ESMT. i Q c co OI m oc C Z it co �I LU I 30 0 30 GRAPHIC SCALE (IN FEET) TH ply, Lic. Ko. 1837 �_ SURIO-� a LOT 50 SEE SHEET 20 = w i = 57009" W 96 47' - ^, (L-10.33) N LOT 49 w w 2890 SF a,p o Max i S 52'01'19" W . 115.00' ��' ��� hrf 0 0-0--- 102.02 •��, :1 0' OPEN SPACE o LOT 48 OR4/N4GE 8.8991 AC. y w 2798 SF ES,� p (MPLX) r` o S 52*0_1 *190 _W 100.00' o LOT 47 J265 SF I v p $ (MPLX) S 52001'19" W 98.57' OPEN SPACE A \ DRAINAGE C 8.8991 AC. ESMT. :. X� o N 52'O1'19" E 109.50' o X a16 x x\ as 2 t X x x x� \ Z LOT 46 6351 SF X X X X $ r (SFD) (� X S/w a I X x v 1 X X X I ESMT. N XZE S 52'01'19" W 109.50" <<"„ 21.5' � x x LOT 45 X (': 6509 SF (SfD) "0 p Q oo r►iax y\ Cw t w X _25' BRL �-� (L=15.41) o Cl) laa w x _ X ->r� x p ►n \ X ` X X x x x x x x X x (WATER ESMT.) x EL 19 X x x x X x x w EL29 X X x X X Y Y .►.- .�e- � X x — O V- Rt _ N _ 0 20' _ C35 3 ,24' 3' Shy WATER C33 13.96 ►� ESMT. LINE C7 (TOTAL) $ C8 (TOTAL) S 45 4.? 26 W `� ESMT. 44.20 ('TOTAL) _ ��� EXISTING ROSSMANN BL VD. 50 RIW 30 0 30 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 p,LTH p1y,�f SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, MUM L ERN a SCALE.• 1 " = 30' I DATE.• OCTOBER 6, 2009 LI'c. 0. 1837 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane S,URv� Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 1 2185 SHEET 19 OF 37 Founded in1971 www.greenwayeng.com ISUB 08-13 0 o N 5T3657" E 127.09' 406.00' Cro OPEN N 3T .-L 404.61 8.8991 AC.E EfER gRL�—c�c �-- 055' Z�PERZU 25'PE�� .E 01-51 o �115 >9�0C °1 • Q OPEN SPACE 8.8991 AC. _.• 19i. < Z .y DRAIIY40E %'fir �� �,► '�. � • .. 'fir, �`�'-�tTj 21 N 52'01 OPEN SPACE y 8.8991 AC. �v zqo_ 0 12.84 '19- E 66.66' LOT 50 3031 SF I � (MPLX) P S 52'01'19" W 96.47' LOT 49 SEE SHEET 19 NOTE. SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES FINAL SUBDIVISION PLAT SECTION 5 SO VEREIGN VILA GE 0 BRL /9 uvw %w 3' S N 53'47'�9" W Z28 ESMT T � O C� 00ee, G S 86'15'11 " W 12.41' ti N 6T 1850" E 27.65' y c" N (L=10.79) w 5 L a RED BUD MAGISTERML DISTRICT, FREDERICK COUNTY, WRGINM SCALE- 1 " = 30' I DATE- OCTOBER 6, 2009 tot%\ GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Ycrginia 22602 Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com 30 0 30 GRAPHIC SCALE (IN FEET) TH pj, LIC. Wo.�1, 837 1 2185 SHEET 20 OF 37 1 a ct N 57'36 57" ELi 0 OPEN SPACE 8.8991 AC. 10 25' PER/METER BRL -rel N "33.00' N=mac,• �T�'^ , 3 Q Va3 N 35� BRL 4? V 3 C i N 47'39 W Z28��1` N � . ?8 eR� . ~am h ON V 3' SA 2� ESMT. N cr c� 5' SA 7O ESMT.EC2 00 _ j N 72'00104" E � 3 4.72' v _ C12 12.ol O� R ABINGroN L (PRIVATE AC OOP N CESS EASEMENT) m I NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERML DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE- 1 " = 30' 1 DATE- OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 4TSurveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 30 0 30 GRAPHIC SCALE (IN FEET) M OF ERIVEST'S.)CZWORIH a Llc. go.1837 �� �o� �._ SURF 21 OF 50' 25' ACTIVE OPEN SPACE 8.8991 AC. S 24'1024- E- 99 g0• V W �e .41 Z � � v a 12.0' N v I - 2.89 �o m o40 I 20* DRAINAGE EL76 �, �� (MT 5.01). LOT 62 t 3276 SF (MPLX) N ?W 4'10'24" 5' S� ESMT. 98.79' LOT 61 2711 SF �m (MPLX) ,240102t- 1. __ N LOT 60 (MPLX) Im N 24'10' � '�'-- 24i W 98.79' I N LOT 59 3249 SF (MPLX) 'N N 24'10'24" W g LOT 58 3221 SF (MPLX) N 31'48'19' W 98.78' LOT 57 SEE SHEET 21 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT• FREDERICK COUNTY• V/RGINIA SCALE- 1 " = 30' 1 DATE- OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 4TEngineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com N W� \.-N. 7Z955" W 1 .27 14) Is 59'40'28" W 14'31'14' W .A! 30 0 30 GRAPHIC SCALE (IN FEET) TH ply; Lic. No. 1837 _ SU$'O� 3 a DETAIL I 1" = 10' o Wo- 3' R SW_r 0 ESMT. P LOT 63 � V 180115 �" W a 2 101.59 z OPEN SJA J 8.8991 O � SW \Si.MT. . N 241024 o ; 99.90 LOT 62 OPEN SPACE 8.8991 AC. W 31 g.21 50' I BUFFER 25' ACTIVE 25' IMCTNE 0 N N 2 LOT 68 SEE SHEET 24 S 18' 50 W 106.74 -> 1. d LOT 64 Im II N 2758 SF (MPLX) N N 18011 '50" W 100.49' I I Ig LOT 63 I� I 3332 SF °p I I (MPLX) i 1 '37" W &43' 12.0' 18_11'50" W 101.59' 1 0, OPEN SPACE m I 8.8991 AC. rig N 24'1024" W 99 90 0 (o SEE DETAIL i THIS SHEET LOT 62 SEE SHEET 22 NOTE.- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLAT SECnoN 5 SOVEREIGN VILAGE RED BUD WGISTERAL DISMICT, FREDERICK COUNT); WRGINIA SCALE- 1 " = 30' I DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 30 0 30 GRAPHIC SCALE (IN FEET) OPT �r a Lic. Mo,.1837 suRv�� 1 2185 SHEET 23 OF 37 1 OPEN SPACE 8.8991 AC. N 71048'10" E N 71'48'10" E°--0— 0-0 27.50 I 1 27.50' 60.50' (-TOTAL m. 0 00' I OPEN Sl 8.8991 1;y 1 Iv 1 v LOT 67 v-. y �►+ v o y SEE SHEET 23 °iq Cb q4 � o p q V v J5, yr j 0 BRl v 31 SA p h� MN. SEW. ESMT. 7a95 `]Cz.6-lA01-LNf0� i—. t �61 M. SEW. ESMT. 0 20' WATER AB/NGTON �� ,3 646'19 37" w ,\ LINE ESMT. 12 �L (L=44.30) LOOP (PRIVATE ACCESS EASEMENT)\ 1 z o 31.00 21.50 p 14'vs � M" OPEN SPACE _ wV 8.8991 AC. OPEN SPACE 8.8991 AC. a LOT 91 SEE SHEET 30 30 0 30 NOTE. SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 p,LTH ply, ' SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 NE T S. TH a SCALE 1' = 30' T DATE OCTOBER 6, 2009 Lic. 0. 1837 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane SURv�� \44V Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 2185 SHEET 24 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 " S 82'19'52" E 19.07' 1 N 25'29'10" E 9.90' USO�WAY N $ O 239•�3 (5.2936 ') N 33'0 .13 N z / 98. C102 20 SAN. _. SEW. ESMT. .3' SA ESMT. OPEN SPACE 8.8991 AC. S 16'59'33" E 9Z 17' 35' i + LOT 71 • oo J227 SF (MPLX) (10.00 I LOT 72 °p 2707 SF I N (MPLX) o _iS 16'S9'33" E _�o•�v . 3' sew ESMr. LOT 73 IJ cc) ' 1 ':• 2705 SF (MPLX) S 16'59'33" E —98.16' . I J + -I m LOT 74 $ V 3187 SF ' "� y cceep�. I N (MPLX) DRAINAGE d ��. •... ESMT. N X712'40" E� 1.73' aiZ O W � W �I Q C'3 m Q & N 16'59'33" W 89.97' ----oro OPEN SPACE .. ./ •v�✓ j ao1 � N • �• • ' • • DR4IAGS LOT 75 ESMT.� SEE SHEET 26 NOTE: SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLA T SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT! FREDERICK COUNTY! V/RGIN14 SCALE- I" = 30' DATE- OCTOBER 6, 2009 GREEN WAY ENGINEERING, iNc. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com N 0 30 0 30 GRAPHIC SCALE (IN FEET) NTH p1; Lic. Ao. 1837 URv 85 SHEET 25 SUB 08-1. a N X712'40" E 1.73' S 65038109" E 9.72, 5' S/w ESMT. O W ' 4Y ' ^L 11120' z Q (L=16.39 ) IN (L=5.01) -I -p LOT 74 SEE SHEET 25 20 SAN. SEW. ESMT. OPEN SPACE .. " 8.8991 AC. EL.92 ELg3 EL87 I� LOT 75 3222 SF N (MPLX) i-as 4'1727N E 9 Im LOT 76 272J SF cV (MPLX) •0 LOT 77 20' DR j 4GE ESMT. oR m N (MPLX) F h 3 s 24.1727" E 98.83' .vN. ��o h m LOT 78 3245 SF j (MPLX) 20 W S.SEW. ESM:. 27 W 97..70' 'EM.SPACt '.&8991 AC.-.-. 'moo %LLOT� /C/ ;L/.. j.. /•: L S7 SEE SHEET 28 LOT 86 SEE SHEET 28 Z LOT 85 SEE SHEET 28 N m LOT 79 g 3 °o �+ I, 3225 SF R :' N (MPLX) oNo . .. o _30'57'40" E 0 98.21=0 • 20, . ?I OPEN SPACE 5' I LOT 80 DRAINAGE p yN 8.8991 AC. m 2706 SF ESMT. S/W " (MPLX) ESMT a XT57'40" E 98.50' LOT 81 oa SEE SHEET 27 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES. FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE.• 1 " = 30' DATE. OCTOBER 6, 2009 lo GREENWAY ENGINEERING, iNc. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com LOT 83 (10.00) I SEE SHEET 27 30 0 30 GRAPHIC SCALE (IN FEET) ,TH O.F LicA0. 1837 ro -MAj H a 37 8 5' SA ESMT.lb v v v v i 21.5'_ SM. SEW. ESMT. ABINGTON LOOP (PRIVATE ACCESS EASEMENT) 112 �L�85 C8400o- C84 S 39'17S3" W 17.04' IDS, 25 B L 1 25BRL 1 • A 1 Of tu �O N co20' (10.43) DRAINAGE ESMT. OPEN SPACE S 59-02'20" W 121.00' (l'OTAL) b o ^rl 8.8991 AC. -4 N 56'2738" E 113.60' (10.00) I. �7 Z 5' S/W ESMT. y ' boy e LOT 83 N'bo 1 6458 SF z (SFD) a s I 15�' a � • N � f09.09' � LOT 85 N 56'2738 If114.59 ---O-O y SEE SHEET 28 N (1o.o9)I LOT 84 6410 SF ^= o � (SFD) I �; EX. 10' WGLC ( 8.75' L� 25 BRL 11►� ESMT. - INST. ) _J ; NO. 030006383 eY DR4/NAGE cn ESMT 3' S1W ESMT D. C91 C89 (L-3.21' C93 x z:t ji (8.90) C7 (jOTAL) 11.5' WATER UNE ESMT. 30 0 30 EXISTING ROSSMA NN BL- 50' RA GRAPHIC SCALE (IN FEET) NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES FINAL SUBDIVISION PLAT SECTION 5 �p,LTH pFk SOVEREIGN VILAGE �a RED BUD MAGISTERIAL. DISTRICT, FREDERICK COUNTY, WRGINIA SCALE,• 1" = 30' I DATE- OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com a Lic. Nb. 1837 f��' 1 2185 SHEET 27 OF 37 1 x / x LOT 88 20' SW- SEE SHEET 29 x x - EL92 SEW. ESMT. x , 108.25' 07N 30'0627" W 121.47' x x� Y. 20 DRAINAGE W LOT 87 ESMT. 6998 SF m x (SFD) . x f . � • N N I x ,j 5� t'Aj h I I :o o 110.55' x Y. N 30'0627" W 117 LOT 86 x ESMT. I x W 6869 SF O R I (S�) N I r x I x t x N EX. 10' WGLC ESMT. I IoY , I INST. NO. 030006383 J x 20' DRAINAGE 110.46' ESMT. N 30'0627" W 113.81' I'` T( I 11.5' x x� I o I WATER LINE EL.34 J ESMT.I x *A R co LOT 85 ZI N I *Ao 0 6780 SF m (SFD) I V h :+. • I N x x I °0 "' 2 N 30'06'27" W 110.98' j I 20' W DRAINAGE OPEN SPACE _ _ ESMT. 8.8991 AC. i �- LOT 84 I LOT 83 SEE SHEET 27 I I (L=3.21) OPEN SPACE SEE SHEET 27 I I 8.8991 AC. I 30 0 30 MMM NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT p,LTH OFj SECTION 5 SO VEREIGN VILA GE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA a Lic. 0. 1837 SCALE. 1 " = 30' T DATE. OCTOBER 6, 2009 GREENWAY ENGINEERING9 INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors SUR-IN Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 2185 SHEET 28 OF 37 SUB 08-13 www.greenwayeng.com I SEE SHEET 20 W 239.13' TAL 214. 13 DURHAM WAY N 43' R/IN I (5.29') 88.56' o �, 20' SW.cNo 3' S (8.21) ESMa�' o 'A SEW. ESMT. h x x.. W 25' BR x x :. 11=7.9871 Y.T. DRAINAGE m ESM'A Y. OPEN SPACE h LOT 90 (N 6763 SF x x o Ix V 8.8991 AC. h (sFD) :h x 25, 'A_ 111.99' �N x 1 N 30'06'27' W 11162' I I 3' SA p x x ESMT. tj T L 8 9 063 m� 'Ax� (SFD) ' x x • 11.5' co Q . h WER LINE x ,► .. 2 ESMT. 109.33' 06 o o--r -- 'A'AV - o I N 30006'27' W 122.94 Y. x ,*% I DRAINAGE . 20'q .� � LOT 88 � a 6983 SF / x x� -, � o h ESMT. (SfD) x / -0O h x V 7 o o Z N 30'06'27' W 108.25' -- 'A o l� C xLOT �C 87 'A ., SEE SHEET 28 % 30 0 30 NOTE.• SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT p,LTH 0 SECTION 5 Dr SOVEREIGN VILAGE RED BUD MAGISTE'RML DISTRICT, FREDERICK COUNTY, WRGIN/A S Lic. 0. 1837 SCALE- 1 " = 30' 1 DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 d �� S'URv Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185 SHEET 29 �J7 SUB 08-13 J 1 x x x xx x,, x/,2x x x x xc A x� 'A rY A x x\%fix x x x' x x x x / x x x x x x X x x � x x/x 20' WATER LINE OPEN SPACE ESMT. 8.8991 AC. 5.59 _ N 56'53'24" E I I f.02' 21.5' N LOT 91 N' (� 6754 SF °= (SFD) I I I N 56*13'11" E 111.03' f --3' S ESK LOT 92 I - 6216 SF r I (SFD) � WATER UNE J c�) C104 ESMT. 5' B� ��;;TA-W 112.7'__ 3' S1W ESMT. O v LOT 93 SEE SHEET 31 25' / S(L=2.03) - LVD- _ �-OSSMgNN B EXISTING F11 R/w 30 0 30 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SEC77ON 5 SOVEREIGN VILAGE RED BUD MAGIV ERML DISMICT, f JREDERICK COUNTY, WG/NIA SCALE- 1 " = 30' I DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Engineers Winchester, Vrginia 22602 Surveyorswo Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com TH 01FT H a Llc. Wo. 1837 1 2185 SHEET 30 OF 37 1 CO c—n EX. DRAINAGE ESMT. TO BE VACATED INST. I 060004484 I 20' SAN SEW. ESMT. x x x X x x X X X Z` '' x 20' WATER N11` x x * x LINE ESMT. \ x X x X �.�—x xlx-� x X x� X x x x xx Xx xx xxxx EIZ6=�`—xx x X NIN X X X" X x X X x =Y � X �x -ems �— O v � OPEN SPACE &8991 AC. N_ 1 _ E_o� DRAINAGE ESMT 1 w I. 'S gRL (A - 25BRL 2 2 z ( 2 � Ito Poo. v, to f t • LOT 94 N o .a . U 6342 SF tn` (sFD) LOT 93 . t 6536 SF (SFD) c���vC x X x LOT 95 SEE SHEET 32 / C 25' 25' BRL _ S1 CI 1 i• 3' SA C110 ESMT. -C109 C108 C6 (TOTAL) (L=29.61) 258 _ '�Q Vp. - --_ ROSSMAN D' I` EXISTING 5o. R1 EX. �SAN. SEW. �Sk \INST. 060004484 30 0 30 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SEC71ON 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCAM 1 ' = 30' I DATE.• OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 1 NTH OF�, l Lic. No. 1837 _SUR•v�'� 13 a 20' SAN. SEW. ESMT. EX. DRAINAGE ESMT. TO BE VACATED INST. 06000448� — - 15 (38.01 ') + + + + l27 ++++++ + -� 20' WATER UNE ESMT. tn 1 V OPEN SPACE &8991 AC. :. % • L,,,6..,, 60.00' Oq'34'07: Ems :;/. 20' 1 / DRAINAGE I /• /'' ESMT. o 25' BRL — 25' BRL o ca ace LOT 96 LOT 95 �, 3 6610 MD) 6770 SF * " / (SfD) ;n v N s o OPEN SPACE 8.8991 AC. ao _ --� EX. SAN. i DRNNAGE SEW. ESMT. ESMT. 1k INST. TE060004484 _ _ — C1fl o ' SA Cf 12 ° C113 C114 (L=28.42') SMT. 725p C6 (TOTAL) 0j EXISTING ROSSMANN BL VD_ - 50' R/W 30 0 30 NOTE* SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SEV ION 5 p,LTH pFk' SOVEREIGN VILAGE RED BUD MAGISTERIAL DISMICT, FREDERICK COUW, MUM N S. R SCALE 1 " = 30' F DATE: OCTOBER 6, 2009 LI'c. N0. 1837 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane d SUR,V�'� Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 2185 SHEET 32 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 I 20' DRAINAGE ESMT. WY OPEN SPACE (24.90) 8.8991 AC. - ,,p'-'M04'34'07" E 1 20' SM. SEW. ESMT. LOT 99 6996 SF ,0 ' N I (SFD) �/ (38.01) o� 20' WATER Z UNE ESMT 0 1 f f.91_ + � + + + S 04'34 07 W 221.07� + + p 4. + + �+ +�,. + + +_+��_+ + +/_+ + + p + + + �7 + + + + + � 3 �%EX DRAINAGE ESMT. TOBE VAC4TED JOPEN SPACE =n 8ST. 1060004484 ml 8.8991 AC. A LOT 98 o 6949 SF I cow--- (SFD) _ 110.59, o ( S 04'34107" W 112.59' 3 i W o LOT 97 obi W '*� olo0 6781 SF ;n �� (SFD) N I N ( o J lV 2 2 S 04'34'07" W 113.00, OPFW SPACE DRAINAGE ESMT. t` 8.8?91 AC. ; SEW. MT 11.17'/ ( 1 ( _ INST. � • � _ o Cl cs (TorAL) _ , 3' s/w ESMT. V p. 25' (L-28.42) G ROSSMANN B_ EXISTIN _ — —CIL 5p' R (L-5.94' iv O Ct 30 0 30 NOTE- SEE SHEETS 3-7 FOR NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRG/NM SCALE - Founded in 1971 1" = 30' DATE.• OCTOBER 6. 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com 21 0A 4 ERNEST S. WORTH 9 Lic. N . 1837 '/0,0,9 N�dINa �R• S 89.17'21 " E �Np Ex. WATER LINE ESMT 60.20' 40' EX�$Q R�y /� �ST. / 070011416 C2 0 41,52E 14.91) 2 Ex. TRAIL ESMT _ WATER UNE ESMT. N C1 0. I � — � — -�- -_ —EX. 20' SAN. SEW. ESMT. a. 30' DRAINAGE ESMT. � SEX. 20' SAN. SEW. ESMT.- �80' ROAD EFFICIENCY EX. DRAINAGE ESMT. N BUFFER INST. 1070011119 20' SAN. _ SEW. ESMT. 3 NOTE ALL EXISTING EASEMENTS ON THIS PAGE ARE RECORDED BY INSTRUMENT No. 070011100 UNLESS OTHERWISE NOTED. THE EXISTING 20' ►� SANITARY SEWER EASEMENT IS RECORDED BY 2 INSTRUMENT Nos. 070011100 AND 070011416. ACTNE INAC71W 2'25#02" E 105.19' IV oic� Q "� � o DURHAM WAY 43' RA OPEN SPACE f 20' SAN. //i/,� SEW. ESMT. ) �// NOTE- SEE SHEETS 3-7 FOR N07ES, LEGEND AND DATA TABLES FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD WGISTERIAL DISTRICT, fREDERICK COUNTY, WRGIN14 SCALE. 1 " = 80' 1 DATE. OCTOBER 6, 2009 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 80 0 80 GRAPHIC SCALE (IN FEET) TH qW a Lic. No. 1837 "Mi._ UR.4-9& 1 2185 SHEET 34 OF 37 1 Cucj ... lot RSB -INTERNAL RES�EN L 'sFF Sy SEPARATION BIFFER 414- 6 ,n o N 00 8'AE-ZERO LOTL� ® INAMNTFMANCE EASEA�ENT o 0 o a nor ¢4 EL10 LOr �3 1 LOT 14 am LOT 42 LOT 19 LOT 13 I LOT 20 LOT 12 LOT 41 LOT 21 LOT 11 LOT 22 LOT 40 I LOT f0 LOT 23 I 100 0 100 LOT 39 LOT 9 L 2 GRAPHIC SCALE (IN FEET) 25 3 LOT 38 LOT 7 I LOT 26 . I LOT 37 LOT 6 LOT 27 2 LOT 28 LOT 36 I LOT 29 I LOT 3 LOT 30 LOT 35 LOT 31 LOT 1 LOT 2 LOT LOT 33 LOT 34 32 EXISTING WAYFARING DR. FINAL SUBDIVISION PLAT H SECTION 5 p,LTOFk SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA S. WO 1H a SCALE' 1 " = 100' T DATE OCTOBER 6, 2009 Lic. 0.1837 GREENWAY ENGINEERING, imp. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 SUR Surveyors Telephone. (540) 662-4185 FAX.- (540) 722-9528 2185 SHEET 35 OF 37 Founded in 1971 www.greenwayeng.com V /R nR_ 11 SEE SHEET 37 10' RSB - INTERNAL RESIDENTIAL SEPARATION BUFFER ®W ME - ZERO LOT LINE MAINTENANCE EASEMENT 100 0 100 GRAPHIC SCALE (IN FEET) ©URHA A SEE SHEET 35 FINAL SUBDIVISION PLAT SECTION 5 p,LTH ply, . SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, fREDERICK COUNTY, WRGIN/A ST S. 1H a SCALE 1 " = 100' 1 DATE OCTOBER 6, 2009 LIC. 0. 1837 GREENWAY ENGINEERING, mc./t**\ 151 Windy Hill Lane d Engineers Winchester, Vrginia 22602 'SURRN Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 2185 SHEET 36 OF 37 Founded in 1971 www.greenwayeng.com SUB 08-13 100 0 100 mmi GWH/C SCALE (IN FEET) 10' RSB - INTERNAL RESADEN77AL SEPARATION BUFFER 8'ME - ZERO LOT LINE MAINTENANCE EASEMENT • �'�SJ�kG Z go f- M p N LOT 9¢ \ ', LOT 95 SEE SHEET 36 FINAL SUBDIVISION PLAT SECTION 5 SOVEREIGN VILAGE RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN/A SCALE. 1 " = 100' DATE. OCTOBER 6, 2009 lo GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com .TH a Lic. iV`o. 1837 �._ SURD SUB 08-13 141 VIRGINIA- FREDERICK COUNTY.SCT. This instrument of writing was produced to me on q "l-1 - 2010 at 2 and with certificateacknowledgementthey to annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. 46e.e- to , Qerk II I 1 I COMMONWEALTH OF VIRGINIA + I , I it o 1A A 0 OFFICIAL RECEIPT FREDERTI, TTCOURT a DATE: 04!14/10 TIME: 14:04:00 ACCOUNT: 069CLR100003E66 RECEIPT: 100010006363 o aI CASHIER: SSM RES: WE111 TYPE: DOD-PL PAYMENT: FULL PAYMENT INSTRUMENT : 100003266 BOOK: PAGE: RECORDED: 04/14/10 AT 14:04 i a SRANTOR: ?BANNING 6 ROSS DEVELOPERS LLC EX: N LOC: CO d GRANTEE: FREDERICK COUNTY VIRGINIA EX: H PC": 100% RAND VD£REOF : �: fI � MANNING & ROSE fVELC,fRS. u D ,� LLC CHECK: $56.00 DESCRIPTION 1: R B DIST PAGES: 59 ON 0 P: SOVEREIGN VILLAGE. SEC ` NAMES: = CONSIDERATION: .00 A!VAL: .00 MAP: 65-A-39B PIN: 301 DEEDS 48.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 035 OF FEE 1.00 a TENDERED : 56.00 �. AMOUNT PAID: 56.00 CHANGE ANT : .00 CLERK OF COURT: REBECCA P. HOGAN DC-18 (1/90) I Y 4 0 0 0 100003266 -' o THIS DEED OF DEDICATION, made and dated this N-0— day of k,� , 2010, by and between MANNING & ROSS DEVELOPERS. LLC, a WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT Sovereign Village, Section 5. The subdivision of said real estate, as it now appears on the aforesaid (Grantor for indexing purposes), and FREDERICK COUNTY. VIRGINIA, party of the second attached plat, is with the free consent and in accordance with the desires of the undersigned part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real estate in AUTHORITY, party of the third part (Grantee for indexing purposes). accordance with the provisions of The Virginia Land Subdivision Act as are applicable and in force WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the and effect as of the date of execution of this Deed of Dedication. attached plat drawn by Ernest S. Holzworth, L.S., dated March 2, 2009 known as Sovereign Village, NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: Section 5, which property is further described on the Final Master Development Plan of Sovereign That for and in consideration of the premises and the benefits which will accrue by reason of Village as filed in the Office of the County of Frederick Department of Planning and Development. this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land This is a portion of the same real estate conveyed to the DECLARANT by Deed dated October 1, designated as Sovereign Village Subdivision, Section 5, lying and being situate in Red Bud 1999, of record in the Office of the Clerk of the Circuit Court of Frederick County in Deed Book 948 Magisterial District, Frederick County, Virginia, and being more particularly described by the at Page 1760; Manning & Ross, LLC amended its name to Manning & Ross Developers, LLC by aforesaid plat of Ernest S. Holzworth, L.S., dated March 2, 2009 attached hereto and made a part certificate duly issued from the State Corporation Commission dated January 11, 2001. hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided conformity with the final master development plan for Sovereign Village Subdivision, on file in the into lots for the construction of zero lot line lots and multiplex lots, and the attached plat shows Office of the Frederick County Department of Planning and Development. This is a portion of the accurately the metes and bounds of the subdivided land, together with the dimensions of each lot same real estate conveyed to Manning & Ross, LLC, said Deed being of record in the aforesaid thereof and also shows certain surrounding lands in said Subdivision to be used as common open Clerk's Office as heretofore recited. space, storm water detention easement, landscaping easements, access and driveway easements, For and in consideration as aforesaid, the Declarant does further dedicate Brockham Way, sanitary sewer easements, drainage easements, and utility easements over and across said lots, all of Butterhouse Way and Durham Way as the public streets in Sovereign Village, Section 5 to Frederick which shall constitute a portion of that development known as Sovereign Village, Section 5, and County, Virginia (hereinafter sometimes referred to as "the County") for public use, which streets which common open space/driveway/access easement areas and Abington Loop shall be owned and dedicated hereby are more particularly described by hereinabove referenced final subdivision plat of maintained by the Sovereign Village Homeowners Association upon the terms and conditions set Sovereign Village, Section 5. forth hereinafter, and, All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all Tax Map Number. 65-A-39B 2 • I parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Section 1. "Association" or "SVHOA" shall mean and refer to Sovereign Village Homeowners Association, Inc., a non -stock Virginia Corporation, it successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space including tot lots and parking areas, driveway and access areas, Abington Loop and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Sovereign Village Subdivision, with the exception of the common areas space and parking areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Sovereign Village Subdivision, as shown on the attached plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Manning & Ross Developers, LLC, its successors and assigns. (Section 7 deleted) ARTICLE H Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities I who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE HI The Declarant hereby adopts by reference, all of the organizational provisions of Sovereign Village Development as set forth in Article III, Article IV, Article V of the Deed of Dedication of Sovereign Village, Section 1, Phase 1, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 01-0017362 dated December 11, 2001 and by this reference made a part hereof as if set out in full, and which Articles are restated in part for the purpose of informing owners in Section 5 of the duties and obligations imposed upon such owners under the aforesaid Articles of the Sovereign Village Project. (a) Voting Rights. Each owner of a lot in Section 5 shall be a member of the Association and shall have one vote for each lot owned and which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. ARTICLE IV RESTATED PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members Easement of Eniovment: Every Member shall have a right and easement of enjoyment in and to the Common Areas, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Areas and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid Common Areas and in aid thereof to mortgage said property and the rights of such mortgagee in said Common Areas shall be subordinate to the rights of the Homeowners hereunder. 3 1 4 (b) The rights of the Association to suspend the voting rights and the right to the use of the Common Areas by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. Such suspension of access shall not prohibit access to the Lot itself through the common areas nor endanger the health, safety, or property of any owner, tenant, or occupant. (c) The rights of the Association to dedicate or transfer all or part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two -third (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Deleeation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Areas to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Common Areas: The DECLARANT hereby covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will convey fee simple title to the common open space (referred to hereinabove as the Common Areas) to the Association, prior to the sale of the lot constituting fifty percent (50%) of the approved building lots in Section 5 to a grantee other than one which is wholly owned by the DECLARANT. ARTICLE V RESTATED COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with interest thereon at the rate of twelve 0 N percent (12.00%) per annum and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the Common Areas, specifically including, but not limited to, payment of real estate taxes, repairs, snow removal, storm drainage repair, maintenance of street lights and payment of all utility charges therefore, and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the Common Areas; for the maintenance of shrubbery and lawns, including the mowing of all lawns in the Common Areas; and further for the purpose of promoting the recreation, health, safety and welfare of the resident in the Common Areas of Sovereign Village Subdivision, including payment of all liability insurance premiums for said Common Areas and facilities within. Section 3. Basis and Maximum of Annual Assessments: For the annual year 2010 and each subsequent year, unless otherwise agreed, the maximum annual assessment shall be $150.00 per year per Lot; (a) Thereafter, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. A W AL (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. (c) In addition to the above annual assessments for the lots in Sovereign Village, Section 5, a surcharge assessment shall be levied on each lot in Section 5, Lots 1 through 99, for the purposes in Article 7 hereafter set forth. Section 4. Special Assessments for Canital Imorovements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Ouorum for any Action Authority Under Sections 3 and 4: At the SVHOA meeting called for that purpose, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast Fifty -One percent (51 %) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1 /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to any Lot on the first day of the month (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. (c) In addition to the above annual assessments for the lots in Sovereign Village, Section 5, a surcharge assessment shall be levied on each lot in Section 5, Lots 1 through 99, for the purposes in Article 7 hereafter set forth. Section 4. Special Assessments for Capital Imorovements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the SVHOA meeting called for that purpose, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast Fifty -One percent (51 %) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half(] /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to any Lot on the first day of the month 7 1 7 Cr following the conveyance of that particular lot to a grantee other than one wholly owned by DECLARANT. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any purchaser from DECLARANT. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortiaees: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. 8 a Section 10. Exempt Property: The following property subject to the Declaration shall be exempt from the assessments created herein; (a) the Common Areas; (b) all properties dedicated to and accepted by a local public authority; . (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia: and (d) any and all lots, whether improved or unimproved, owned by DECLARANT, however, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Areas: In the event that the Association, or its successors, shall fail to maintain the Common Areas in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance though it does not have the obligation to do so. The County of Frederick Zoning Ordinance is by this reference .. made a part hereof as if set out in full. In addition, and at the option of the DECLARANT, the DECLARANT may take such actions as it deems appropriate and reasonable to maintain the Common Areas in reasonable order and condition. This option is at the sole and absolute discretion of the DECLARANT and shall in no way be interpreted as an obligation upon or of the DECLARANT. ARTICLE VI USE, RESTRICTIONS AND COVENANTS APPL YING TO ALL LOTS All of the lots in the Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. No profession or home occupation shall be conducted in or on any part of a Lot except that professions and home occupations that do not require any employees (other than the Lot owner(s)) or business guests to visit the residence and that do not require any deliveries other than the usual mail and small packages shall be permitted. DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with the development, sales and operation of said subdivision. 2. No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single 0 family dwelling. No such dwelling shall exceed three stories above foundation line in height. No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, in ground swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said Lots. No recreational type camper or trailer shall be parked on any of said Lots until such time as a home is built on such lot and thereafter, such recreation camper, trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale signs for said Lot not to exceed four (4) square feet in area, or signs used by a builder to advertise the property during construction and sale. No For Rent signs shall be allowed on any Lot whatsoever. \.♦ 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, truck or other motor vehicles (other than automobiles, motorcycles, pickup trucks and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current state -required inspection sticker shall be permitted on any Lot. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 6. No fence or hedge shall be constructed or erected on any Lot in said Subdivision, without prior approval by the Association. This restriction shall not apply however, to any hedge or fence constructed or erected by the DECLARANT. 7. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. In the event that a dwelling is destroyed, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. No structure other than a dwelling house of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original home. 10 9. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees -and shrubbery (in the event that such duties are not undertaken and performed by the Association, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Sovereign Village Subdivision shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the Bylaws and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair, or restoration shall become a special assessment upon such Lot. 10. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any home, except on the date of garbage pickup. 11. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical, television cable and telephone wires. 12. Only small umbrella or retractable clotheslines shall be permitted on any Lot during daylight hours, but shall not be permitted to be in use overnight. 13. The color of the paint on the exterior of every building on each Lot shall remain the same as the original color. 14. No building, structure, addition nor exterior alteration (including basketball backboards, rims or nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Sovereign Village Homeowners Association as being in harmony with the whole subdivision, especially the adjoining homes. 15. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 11 co cx� 16. The DECLARANT reserves the right for itself, its successors and assigns, or an Architectural Committee being itself or appointed by it, its successors or assigns, to reject any and all plans for houses or other structures proposed to be constructed on any lot. The DECLARANT retains the majority vote on the Architectural Committee for a period of ten (10) years after DECLARANT conveys the final Lot. The DECLARANT shall constitute the Architectural Committee and shall have the power to appoint its successors in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set forth hereinabove, but such power in the Architectural Committee shall be solely discretionary. The size of the Architectural Committee shall be determined by the DECLARANT or its duly nominated successors in interest. If the said Architectural Committee, or its duly authorized representative, shall fail to approve or disapprove any proposed plans, specifications, or locations within thirty days after the same have been submitted to the Architectural Committee for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Committee, or its duly authorized agent. Any or all of the rights, powers, duties and obligations which, in this instrument, are assumed by, reserved, or given to the DECLARANT, its successors or assigns, for the said Architectural Committee, may be assigned or transferred to anyone or more corporations or associations which will agree to assume said rights, powers, duties, and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, power, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. In the event of such assignment or transfer, the DECLARANT, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligation in this instrument reserved or given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the DECLARANT, its successors or assigns, and the said Architectural Committee, is so reserved to the end that the rights, powers, duties and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for the purpose of accepting said assignment; and such assignment may be made at such time as the DECLARANT, its successors or assigns, and the said Architectural Committee shall jointly determine. In the event that the DECLARANT fails to appoint an Architectural Committee, or if such Architectural Committee has formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect in the Commonwealth of Virginia, and in addition, if the plans are for an allowed outbuilding, then such architect shall further certify that the design is homogeneous with the existing structure on said lot. 12 17. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right along to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 18. The invalidation of anyone of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE VII SPECIAL ASSESSMENTS FOR LOTS 1-99, SECTION 5, INCLUSIVE (THE "SECTION 5 LOTS") Section 1. Surcharee Assessment: Each Lot in Section 5 shall be obligated to pay a surcharge assessment as described herein. The surcharge assessment levied by the DECLARANT, and which may be assigned to the Association at the discretion of the DECLARANT, shall be exclusively for the following purposes, to -wit: improvement and maintenance of all streets and parking areas in Section 5 not accepted for State maintenance by VDOT (the "Section 5 Improvements"). The same shall be used for the payment of repairs to Section 5 Improvements, snow removal, storm damage repair, maintenance and/or operational responsibilities for the common area, and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of Section 5 Improvements and for no other purpose. Section 2. Maximum Annual Surcharge: Commencing on January 1, 2010, the maximum annual surcharge shall be One Hundred Dollars ($100.00) per year per lot in Section 5; (a) Thereafter, the maximum annual surcharge for Section 5 lots shall be increased from year to year subsequent to the first year by an amount equal to the United States Bureau of Labor Statistics Consumer Price Index ("CPI") for the Washington, D.C. metropolitan region, the same being contained in 13 O„ N) the "Consumer Price Index for all urban consumers" U.S. City Average -all items (1984 = $100.00) hereinafter referred to as CPI-U as published by the Bureau of Labor Statistics of the U.S. Department of Labor, Washington, D.C., using the CPI-U for 2010 as the base. More specifically, such adjustment shall be based upon the CPI-U and shall be made as of January 1, 2011 and for each year thereafter and the Association shall obtain the CPI-U for the month of January of a particular year and calculate as follows: (i) Divide such CPI-U for the current year by the base CPI-U (the index number on which the CPI-U for the base year 2010; (ii) Determine the difference between that result and 1.000; (iii) Multiply such result obtained in Paragraph (ii) by the basic rate of $100.00; (iv) Round off that result to the nearest whole dollar; 1. (v) If such CPI-U during such period increased, add the amount determined in Paragraph (iv) to the $100.00 for the year 2010; and, (vi) Such amount determined in Paragraph (v) will be the new surcharge for the 12-month period beginning January of each such particular year. This yearly surcharge shall be paid as hereinbefore stated. Section 3. Special Assessments for Capital Improvements: In addition to the annual surcharge assessments authorized above, the DECLARANT, and which may be assigned to the Association at the DECLARANT's discretion, may levy in any assessment year a special surcharge assessment applicable to that year only for the purpose of deferring, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of Section 5 Improvements over which it has jurisdiction, provided that in any such surcharge assessment there shall have the assent of two-thirds (2/3) of the vote of the Association, provided the DECLARANT has assigned its rights and obligations herein to the Association, for voting in person or by proxy at the meeting duly called for this purpose, written notice of which shall be sent to all Lot Owners in Sovereign Village Subdivision, Sections 1 through 5, inclusive, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. 14 O N i Section 4. Collection of Annual and Special Surcharge Assessments: Both the annual and special surcharge assessments for the Section 5 Lots shall be fixed at an uniform rate for all lots and may be collected only on an annual basis due as specified by the Association, with regard to the annual assessment, and provided the DECLARANT has assigned its rights and obligations to the Association, with regard to the special surcharge assessment each year. In the event DECLARANT has not assigned its rights and obligations to the Association, then the DECLARANT shall have the sole right to fix and collect the special surcharge assessment for a period of ten (10) years after DECLARANT conveys the final Lot. Section 5. Date of Commencement of Annual Surcharge Assessment and Due Date: The annual surcharge assessments provided for herein shall commence as to any lot on the first day of the month following the conveyance of that particular Section 5 Lot to a grantee other than one wholly owned by DECLARANT. The first annual surcharge assessment shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any Purchaser from DECLARANT. The Association, provided the DECLARANT has assigned its rights and obligations to the Association, shall affix the amount of the annual surcharge assessment against each lot at least thirty (30) days in advance of each annual surcharge assessment, provided the DECLARANT has assigned its rights and obligations to the Association. Written notice of the annual surcharge assessment shall be sent to every Section 5 Lot Owner subject thereto. The due date shall be established by the Association, provided the DECLARANT has assigned its right and obligations to the Association. The Association, provided the DECLARANT has assigned its right and obligations to the Association, shall, upon demand at any time, furnish a certificate in writing signed by the Treasurer of the Association or his designee, provided the DECLARANT has assigned its right and obligations to the Association, setting forth whether the surcharge assessment on a specified lot has been paid. A reasonable charge may be made by the Association, provided the DECLARANT has assigned its right and obligations to the Association, for the issuance for the certificate. Such 15 certificate shall be conclusive evidence of payment of any surcharge assessment therein stated to have been paid. Section 6. Effect of Non -Payment of Surcharee Assessment Remedies of the Committee: Any surcharge assessments which are not paid when due shall be delinquent. If the surcharge assessment is not paid within thirty (30) days after the due date, the surcharge assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum and the Association, provided the DECLARANT has assigned its right and obligations to the Association, may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property and interest, costs and reasonable attorneys' fees on any action shall be added to the amount of the assessment. In the event DECLARANT has not assigned its rights and 1. obligations then the DECLARANT shall retain the rights to bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property and interest, costs and reasonable attorneys' fees on any action shall be added to the amount of the assessment. No lot owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Section 5 Improvements or abandonment of its Section 5 Lot. Section 7. Subordination of Lien to Morteaaes: The lien of the surcharge assessments provided for with respect to the Section 5 Lots shall be subordinate to the lien of any mortgage or mortgages now or hereafter encumbering any Section 5 Lot. Sale or transfer of any Section 5 Lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a trustee's foreclosure sale or a Decree of Foreclosure thereof, shall extinguish the lien of such surcharge assessment as to payment thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any surcharge assessment thereafter becoming due for the lien thereof. 16 O fV GJ Section 8. Exempt Property: The lots which are owned by the DECLARANT shall be exempt from the surcharge so long as no residence is occupied as a dwelling. In the event that the DECLARANT allows a dwelling constructed on a Section 5 Lot to be used as a residence, the surcharge assessment shall commence with the occupation of the Section 5 Lot residence. Section 9. Failure to Maintain Section 5 Improvements: In the event that the DECLARANT or its successors/assignees shall fail to maintain the Section 5 Improvements in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance though it does not have the obligation to do so. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. In addition, and at the option of the DECLARANT, the DECLARANT may take such actions as it deems appropriate and reasonable to maintain the Section 5 Improvements in reasonable order and condition, including, but not limited to, enter upon any Lot in Section 5 to maintain the landscaping, yard, and/or building exterior in order to ensure that they stay in reasonable order and condition and further that the DECLARANT shall have the right to engage a professional[s] to maintain the aforementioned landscaping, yard, and/or building exterior and to charge the lot owner for the cost of said work. This option is at the sole and absolute discretion of the DECLARANT and shall in no way be interpreted as an obligation upon or of the DECLRANT. ARTICLE VIII EASEMENTS Section 1. Sewer and Water Easement: The property dedicated hereby is subject to that certain easement(s) or right(s) of way designated Sanitary Sewer Easement and Utility Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority, a perpetual right of way or easement over the aforesaid rights of way 17 a O N .C` for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement and Utility Easement. Section 2. Access and Driveway Easements: The property dedicated hereby is subject to those certain Driveway Easements which are shown on the aforesaid attached plat, which Easements shall be for the private use of the Lot owners of Sovereign Village, their successors, assigns and invitees. All lot owners shall be entitled to free passage over any sidewalks that are constructed and which run parallel with the streets in Sovereign Village and over any sidewalks so constructed with regard to additional properties added as a part of Sovereign Village. All sidewalks shall be kept free of obstruction and provided further that all owners shall remove snow from the sidewalk that M.s transverses their lot. Section 3. Surface Drainaze Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said Storm Water Detention Easement, provided, however, that in the event the Association fails to maintain said easement, then, and in that event, the County of Frederick shall have the right, but does not have the obligation, to maintain the same and may charge the Association. 18 DECLARANT, for a period of five (5) years from the date of conveyance of the first lot in Sovereign Village Subdivision, reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its reasonable predisturbance condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. Section 4. 10' RSB - Internal Residential Separation Buffer: There is established by the DECLARANT of a 10' Internal Residential Separation Buffer as provided by the Frederick County Zoning and Subdivision Ordinances and as shown on the plat drawn by Ernest S. Holzworth, L.S., dated October 6, 2009 attached hereto and by this reference made a part hereof as if set out in full. Section 5. 8' ME Zero Lot Line Maintenance Easement: There is established by the DECLARANT of a 8' Zero Lot Line Maintenance Easement as provided by the Frederick County Zoning and Subdivision Ordinances and as shown on the plat drawn by Ernest S. Holzworth, L.S., dated October 6, 2009 attached hereto and by this reference made a part hereof as if set out in full. Section 6. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and 19 M1 within the Utility Easements and Sanitary Sewer Easements, as designated on the attached plat, and over the Common Areas as needed. Section 7. Sienaize Easements: The DECLARANT reserves unto itself, its successors or assigns, the certain signage easement located within the open space running parallel to Senseny Road. The purpose of said signage easement is to erect identification signage for Sovereign Village Subdivision and additional lands added thereto as provided herein and which signage while being originally erected by DECLARANT, shall be maintained by the Sovereign Village Homeowners Association. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the non -prevailing party and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the 20 v' NJ Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods often (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy- five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general 1. welfare of the residents of Sovereign Village Subdivision. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. Section 5. Common Area: The DECLARANT hereby establishes a common area of 9.26 acres which include the 8.8991 acres (Sheet 34 of 37) and 1,869 square feet open space and Abington Loop as shown on the attached plat dated October 6, 2009, drawn by Ernest S. Holzworth, L.S. The designated Common Areas are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Sovereign Village Subdivision as provided hereinabove. Section 6. Dedication of Streets: The DECLARANT hereby dedicates unto the County of Frederick, Virginia, as public streets those certain roadways designated as Butterhouse Way, Brockham Way and Durham Way on the attached plat of Sovereign Village, Section 5. The dedication and subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together 1 21 with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, Virginia, and the Frederick County Sanitation Authority, by the signature of its agents on the attached plat, do accept the dedication to public domain of the land and easements respectively herein described as such. (Article X deleted) WITNESS the following signatures and seals: DECLARANT: Manning Ross Developers, LLC I. R. Gre ory A. Banoft, Manager COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF r-e-de r, cK , to -wit: The foregoing instrument was acknowledged before me this /4i�'day of 4p rJ 2010, by David R. Madison, and Gregory M. Bancroft, Managers of Manning & Ross Developers, LLC. FII_ l1On .. My commission expires: /b - 3) -do 6 Registration No.: c311 q S6 22 011111111111/10Z MAD i�0 ��. MONINF,9� O,L �ii v o, lq. REGSM710N NO. 311949 _ my ioiComm.o13�' _ Ir E THIS DEED OF DEDICATION, made and dated this day of , 2010, by and between MANNING & ROSS DEVELOPERS, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Ernest S. Holzworth, L.S., dated March 2, 2009 known as Sovereign Village, Section 5, which property is further described on the Final Master Development Plan of Sovereign Village as filed in the Office of the County of Frederick Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by Deed dated October 1, 1999, of record in the Office of the Clerk of the Circuit Court of Frederick County in Deed Book 948 at Page 1760; Manning & Ross, LLC amended its name to Manning & Ross Developers, LLC by certificate duly issued from the State Corporation Commission dated January 11, 2001. WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of zero lot line lots and multiplex lots, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, all of which shall constitute a portion of that development known as Sovereign Village, Section 5, and which common open space/driveway/access easement areas and Abington Loop ,hall be owned and maintained by the Sovereign Village Homeowners Association upon the terms and conditions set forth hereinafter, and, t WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Sovereign Village, Section 5. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real estate in accordance with the provisions of The Virginia Land Subdivision Act as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Sovereign Village Subdivision, Section 5, lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Ernest S. Holzworth, L.S., dated March 2, 2009 attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Sovereign Village Subdivision, on file in the Office of the Frederick County Department of Planning and Development. This is a portion of the same real estate conveyed to Manning & Ross, LLC, said Deed being of record in the aforesaid Clerk's Office as heretofore recited. For and in consideration as aforesaid, the Declarant does further dedicate Brockham Way, Butterhouse Way and Durham Way as the public streets in Sovereign Village, Section 5 to Frederick County, Virginia (hereinafter sometimes referred to as "the County") for public use, which streets dedicated hereby are more particularly described by hereinabove referenced final subdivision plat of Sovereign Village, Section 5. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Section 1. "Association" or "SVHOA" shall mean and refer to Sovereign Village Homeowners Association, Inc., a non -stock Virginia Corporation, it successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space including tot lots and parking areas, driveway and access areas, Abington Loop and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Sovereign Village Subdivision, with the exception of the common areas space and parking areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Sovereign Village Subdivision, as shown on the attached plat, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Manning & Ross Developers, LLC, its successors and assigns. (Section 7 deleted) ARTICLE II Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III The Declarant hereby adopts by reference, all of the organizational provisions of Sovereign Village Development as set forth in Article III, Article IV, Article V of the Deed of Dedication of Sovereign Village, Section 1, Phase 1, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 01-0017362 dated December 11, 2001 and by this reference made a part hereof as if set out in full, and which Articles are restated in part for the purpose of informing owners in Section 5 of the duties and obligations imposed upon such owners under the aforesaid Articles of the Sovereign Village Project. (a) Voting Rights. Each owner of a lot in Section 5 shall be a member of the Association and shall have one vote for each lot owned and which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote f-r such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. ARTICLE IV RESTATED PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members Easement of Enioyment: Every Member shall have a right and easement of enjoyment in and to the Common Areas, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Areas and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid Common Areas and in aid thereof to mortgage said property and the rights of such mortgagee in said Common Areas shall be subordinate to the rights of the Homeowners hereunder. i (b) The rights of the Association to suspend the voting rights and the right to the use of the Common Areas by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two -third (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Areas to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Common Areas: The DECLARANT hereby covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will convey fee simple title to the common open space (referred to hereinabove as the Common Areas) to the Association, prior to the sale of the lot constituting fifty percent (50%) of the approved building lots in Section 5 to a grantee other than one which is wholly owned by the DECLARANT. ARTICLE V RESTATED COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together, with interest thereon at the rate of twelve percent (12.00%) per annum and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonablettorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said lot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the Common Areas, specifically including, but not limited to, payment of real estate taxes, repairs, snow removal, storm drainage repair, maintenance of street lights and payment of all utility charges therefore, and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the Common Areas; for the maintenance of shrubbery and lawns, including the mowing of all lawns in the Common Areas; and further for the purpose of promoting the recreation, health, safety and welfare of the resident in the Common Areas of Sovereign Village Subdivision, including payment of all liability insurance premiums for said Common Areas and facilities within. Section 3. Basis and Maximum of Annual Assessments: For the annual year 2010 and each subsequent year, unless otherwise agreed, the maximum annual assessment shall be $150.00 per year per Lot; (a) Thereafter, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. (c) In addition to the above annual assessments for the lots in Sovereign Village, Section 5, a surcharge assessment shall be levied on each lot in Section 5, Lots 1 through 99, for the purposes in Article 7 hereafter set forth. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Ouorum for any Action Authority Under Sections 3 and 4: At the SVHOA meeting called for that purpose, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast Fifty -One percent (51 %) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to any Lot on the first day of the month following the conveyance of that particular lot to a grantee other than one wholly owned by Q DECLARANT. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any purchaser from DECLARANT. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to the Declaration shall be exempt from the assessments created herein; (a) the Common Areas; (b) all properties dedicated to and accepted by a local public authority; (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia: and (d) any and all lots, whether improved or unimproved, owned by DECLARANT, however, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Areas: In the event that the Association, or its successors, shall fail to maintain the Common Areas in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. In addition, and at the option of the DECLARANT, the DECLARANT may take such actions as it deems appropriate and reasonable to maintain the Common Areas in reasonable order and condition. This option is at the sole and absolute discretion of the DECLARANT and Zhall in no way be interpreted as an obligation upon or of the DECLRANT. ARTICLE VI USE, RESTRICTIONS AND COVENANTS APPL YING TO ALL LOTS All of the lots in the Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in connection with the development, sales and operation of said subdivision. 2. No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No such dwelling shall exceed three stories above foundation line in height. No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or L garage, patio walls, in ground swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said Lots. No recreational type camper or trailer shall be parked on any of said Lots until such time as a home is built on such lot and thereafter, such recreation camper, trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale signs for said Lot not to exceed four (4) square feet in area, or signs used by a builder to advertise the property during construction and sale. No For Rent signs shall be allowed on any Lot whatsoever. 4. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, truck or other motor vehicles (other than automobiles, motorcycles, pickup trucks and 3/4 ton (or less) vans shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. 5. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 6. No fence or hedge shall be constructed or erected on any Lot in said Subdivision, without prior approval by the Association. This restriction shall not apply however, to any hedge or fence constructed or erected by the DECLARANT. 7. No noxious or offensive activities shall be carried on upoii any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. In the event that a dwelling is destroyed, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. No structure other than a dwelling house of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original home. 9. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Association, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Sovereign Village Subdivision shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the Bylaws and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the building erected thereon. All cost related to such correction, repair, or restoration shall become a special assessment upon such Lot. 10. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any home, except on the date of garbage pickup. 11. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical, television cable and telephone wires. 12. No exterior clothes line, or hanging device, shall be permitted on any Lot. 13. The color of the paint on the exterior of every building on each Lot shall remain the same as the original color. 14. No building, structure, addition nor exterior alteration (including basketball backboards, rims or nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Sovereign Village Homejwners Association as being in harmony with the whole subdivision, especially the adjoining homes. 15. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 16. The DECLARANT reserves the right for itself, its successors and assigns, or an Architectural Committee being itself or appointed by it, its successors or assigns, to reject any and all plans for houses or other structures proposed to be constructed on any lot. The DECLARANT retains the majority vote on the Architectural Committee. The DECLARANT shall constitute the Architectural Committee and shall have the power to appoint its successors in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set forth hereinabove, but such power in the Architectural Committee shall be solely discretionary. The size of the Architectural Committee shall be determined by the DECLARANT or its duly nominated successors in interest. If the said Architectural Committee, or its duly authorized representative, shall fail to approve or disapprove any proposed plans, specifications, or locations within thirty days after the same have been submitted to the DECLARANT for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Committee, or its duly authorized agent. Any or all of the rights, powers, duties and obligations which, in this instrument, are assumed by, reserved, or given to the DECLARANT, its successors or assigns, for the said Architectural Committee, may be assigned or transferred to anyone or more corporations or associations which will agree to assume said rights, powers, duties, and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, power, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. In the event of such assignment or transfer, the DECLARANT, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligation in this instrument reserved or given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the DECLARANT, its successors or assigns, and the said Architectural Committee, is so reserved to the end that the rights, powers, duties and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for the purpose of accepting said assignment; and such assignment may be made at such time as the DECLARANT, its successors or assigns, and the said Architectural Committee shall jointly determine. In the event that the DECLARANT fails to appoint an Architectural Committee, or if such Architectural Committee has formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect in the Commonwealth of Virginia, and in addition, if the plans are for an allowed outbuilding, then such architect shall further certify that the design is homogeneous with the existing structure on said lot. 17. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right along to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 18. The invalidation of anyone of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE VII SPECIAL ASSESSMENTS FOR LOTS 1-99, SECTION 5, INCLUSIVE (THE "SECTION 5 LOTS") Section 1. Surcharge Assessment: Each Lot in Section 5 shall be obligated to pay a surcharge assessment as described herein. The surcharge assessment levied by the DECLARANT, and which may be assigned to the Association at the discretion of the DECLARANT, shall be exclusively for the following purposes, to -wit: improvement and maintenance of all streets and parking areas in Section 5 not accepted for State maintenance by VDOT (the "Section 5 Improvements"). The same shall be used for the payment of repairs to Section 5 Improvements, snow removal, storm damage repair and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of Section 5 Improvements and for no other purpose. Section 2. Maximum Annual Surcharge: Commencing on January 1, 2010, the maximum annual surcharge shall be One Hundred Dollars ($100.00) per year per lot in Section 5; (a) Thereafter, the maximum annual surcharge for Section 5 lots shall be increased from year to year subsequent to the first year by an amount equal to the United States Bureau of Labor Statistics Consumer Price Index ("CPI") for the Washington, D.C. metropolitan region, the same being contained in the "Consumer Price Index for all urban consumers" U.S. City Average -all items (1984 = $100.00) hereinafter referred to as CPI-U as published by the Bureau of Labor Statistics of the U.S. Department of Labor, Washington, D.C., using the CPI-V for 2010 as the base. More specifically, such adjustment shall be based upon the CPI-V t and shall be made as of January 1, 2011 and for each year thereafter and the Association shall obtain the CPI-V for the month of January of a particular year and calculate as follows: (i) Divide such CPI-V for the current year by the base CPI-V (the index number on which the CPI-V for the base year 2010; (ii) Determine the difference between that result and 1.000; (iii) Multiply such result obtained in Paragraph (ii) by the basic rate of $100.00; (iv) Round off that result to the nearest whole dollar; (v) If such CPI-V during such period increased, add the amount determined in Paragraph (iv) to the $100.00 for the year 2010; and, (vi) Such amount determined in Paragraph (v) will be the new surcharge for the 12-month period beginning January of each such particular year. This yearly surcharge shall be paid as hereinbefore stated. Section 3. Special Assessments for Capital Improvements: In addition to the annual surcharge assessments authorized above, the DECLARANT, and which may be assigned to the Association at the DECLARANT's discretion, may levy in any assessment year a special surcharge assessment applicable to that year only for the purpose of deferring, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of Section 5 Improvements over which it has jurisdiction, provided that in any such surcharge assessment there shall have the assent of two-thirds (2/3) of the vote of the Association, provided the DECLARANT has assigned its rights and obligations herein to the Association, for voting in person or by proxy at the meeting duly called for this purpose, written notice of which shall be sent to all Lot Owners in Sovereign Village Subdivision, Sections 1 through 5, inclusive, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. Section 4. Collection of Annual and Special Surcharge Assessments: Both the annual and special surcharge assessments for the Section 5 Lots shall be fixed at an uniform rate for all lots and may be collected only on an annual basis due as specified by the Association, with regard to the annual assessment, and provided the DECLARANT has assigned its rights and obligations to the Association, with regard to the special surcharge assessment each year. In the event DECLARANT has not assigned its rights and obligations to the Association, then the DECLARANT shall have the sole right to fix and collect the special surcharge assessment. Section 5. Date of Commencement of Annual Surcharge Assessment and Due Date: The annual surcharge assessments provided for herein shall commence as to any lot on the first day of the month following the conveyance of that particular Section 5 Lot to a grantee other than one wholly owned by DECLARANT. The first annual surcharge assessment shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any Purchaser from DECLARANT. The Association, provided the DECLARANT has assigned its rights and obligations to the Association, shall affix the amount of the annual surcharge assessment against each lot at least thirty (30) days in advance of each annual surcharge assessment, provided the DECLARANT has assigned its rights and obligations to the Association. Written notice of the annual surcharge assessment shall be sent to every Section 5 Lot Owner subject thereto. The due date shall be established by the Association, provided the DECLARANT has assigned its right and obligations to the Association. The Association, provided the DECLARANT has assigned its right and obligations to the Association, shall, upon demand at any time, furnish a certificate in writing signed by the Treasurer of the Association or his designee, provided the DECLARANT has assigned its right and obligations to the Association, setting forth whether the surcharge assessment on a specified lot has been paid. A reasonable charge may be made by the Association, provided the DECLARANT has assigned its right and obligations to the Association, for the issuance for the certificate. Such A ' ' j certificate shall be conclusive evidence of payment of any surcharge assessment therein stated to have been paid. Section 6. Effective Non -Payment of Surcharge Assessment Remedies of the Committee: Any surcharge assessments which are not paid when due shall be delinquent. If the surcharge assessment is not paid within thirty (30) days after the due date, the surcharge assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum and the Association, provided the DECLARANT has assigned its right and obligations to the Association, may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property and interest, costs and reasonable attorneys' fees on any action shall be added to the amount of the assessment. In the event DECLARANT has not assigned its rights and obligations then the DECLARANT shall retain the rights to bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property and interest, costs and reasonable attorneys' fees on any action shall be added to the amount of the assessment. No lot owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Section 5 Improvements or abandonment of its Section 5 Lot. Section 7. Subordination of Lien to Mortgages: The lien of the surcharge assessments provided for with respect to the Section 5 Lots shall be subordinate to the lien of any mortgage or mortgages now or hereafter encumbering any Section 5 Lot. Sale or transfer of any Section 5 Lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a trustee's foreclosure sale or a Decree of Foreclosure thereof, shall extinguish the lien of such surcharge assessment as to payment thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any surcharge assessment thereafter becoming due for the lien thereof. . , 1 a Section 8. Exempt Property: The lots which are owned by the DECLARANT shall be exempt from the surcharge so long as no residence is occupied as a dwelling. In the event that the DECLARANT allows a dwelling constructed on a Section 5 Lot to be used as a residence, the surcharge assessment shall commence with the occupation of the Section 5 Lot residence. Section 9. Failure to Maintain Section 5 Improvements: In the event that the DECLARANT or its successors/assignees shall fail to maintain the Section 5 Improvements in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. In addition, and at the option of the DECLARANT, the DECLARANT may take such actions as it deems appropriate and reasonable to maintain the Section 5 Improvements in reasonable order and condition, including, but not limited to, enter upon any Lot in Section 5 to maintain the landscaping, yard, and/or building exterior in order to ensure that they stay in reasonable order and condition and further that the DECLARANT shall have the right to engage a professional[s] to maintain the aforementioned landscaping, yard, and/or building exterior and to charge the lot owner for the cost of said work. This option is at the sole and absolute discretion of the DECLARANT and shall in no way be interpreted as an obligation upon or of the DECLRANT. ARTICLE VIII EASEMENTS Section 1. Sewer and Water Easement: The property dedicated hereby is subject to that certain easement(s) or right(s) of way designated Sanitary Sewer Easement and Utility Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority, a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sanitary Sewer Easement and Utility Easement. Section 2. Access and Driveway Easements: The property dedicated hereby is subject to those certain Driveway Easements which are shown on the aforesaid attached plat, which Easements shall be for the private use of the Lot owners of Sovereign Village, their successors, assigns and invitees. All lot owners shall be entitled to free passage over any sidewalks that are constructed and which run parallel with the streets in Sovereign Village and over any sidewalks so constructed with regard to additional properties added as a part of Sovereign Village. All sidewalks shall be kept free of obstruction and provided further that all owners shall remove snow from the sidewalk that transverses their lot. Section 3. Surface Drainage Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said Storm Water Detention Easement, provided, however, that in the event the Association fails to maintain said easement, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provision of Article V, Section 11, hereinabove. DECLARANT, for a period of five (5) years from the date of conveyance of the first lot in Sovereign Village Subdivision, reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its reasonable predisturbance condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. Section 4. 10' RSB - Internal Residential Separation Buffer: There is established by the DECLARANT of a 10' Internal Residential Separation Buffer as provided by the Frederick County Zoning and Subdivision Ordinances and as shown on the plat drawn by Ernest S. Holzworth, L.S., dated October 6, 2009 attached hereto and by this reference made a part hereof as if set out in full. Section 5. 8' ME Zero Lot Line Maintenance Easement: There is established by the DECLARANT of a 8' Zero Lot Line Maintenance Easement as provided by the Frederick County Zoning and Subdivision Ordinances and as shown on the plat drawn by Ernest S. Holzworth, L.S., dated October 6, 2009 attached hereto and by this reference made a part hereof as if set out in full. Section 6. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and M F 1 within the Utility Easements and Sanitary Sewer Easements, as designated on the attached plat, and over the Common Areas as needed. Section 7. Shmne Easements: The DECLARANT reserves unto itself, its successors or assigns, the certain signage easement located within the open space running parallel to Senseny Road. The purpose of said signage easement is to erect identification signage for Sovereign Village Subdivision and additional lands added thereto as provided herein and which signage while being originally erected by DECLARANT, shall be maintained by the Sovereign Village Homeowners Association. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the it Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods often (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy- five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Sovereign Village Subdivision. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. Section 5. Common Area: The DECLARANT hereby establishes a common area of 9.26 acres which include the 8.8991 acres (Sheet 34 of 3 7) and 1,869 square feet open space and Abington Loop as shown on the attached plat dated October 6, 2009, drawn by Ernest S. Holzworth, L.S. The designated Common Areas are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Sovereign Village Subdivision as provided hereinabove. Section 6. Dedication of Streets: The DECLARANT hereby dedicates unto the County of Frederick, Virginia, as public streets those certain roadways designated as Butterhouse Way, Brockham Way and Durham Way on the attached plat of Sovereign Village, Section 5. The dedication and subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT of the land being subdivided and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together M with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, Virginia, and the Frederick County Sanitation Authority, by the signature of its agents on the attached plat, do accept the dedication to public domain of the land and easements respectively herein described as such. (Article X deleted) 4 WITNESS the following signatures and seals: DECLARANT: Manning & Ross Developers, LLC David R. Madison, Manager Gregory M. Bancroft, Manager COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by David R. Madison, and Gregory M. Bancroft, Managers of Manning & Ross Developers, LLC. My commission expires: Registration No.: Notary Public MANNING & Ross DEVELOPERS, LLC "BUILDING YOUR HOME AND YOUR COMMUNITY" P.O. Box 27 WINCHESTER, VA 22604 March 1, 2010 Mr. Mark R. Cheran Zoning & Subdivision Administrator County of Frederick 107 N. Kent Street, Suite 202 Winchester, VA 22601 Dear Mark, I am enclosing the Deed of Dedication for Section 5 Sovereign Village, five sets of the original plats (signed and notarized), and the Bond Estimate for the same. It is my understanding that these items are all that you require in order for us to record this section. After speaking with Joe Wilder, it is my further understanding that we may replace our Grading Bond (currently at $213,450) with a new bond for the Site Development Guarantee (estimate of $219,975.46) providing that it contai= .s an estimate for Erosion and Sediment Control. The Bond Estimate does contain such an amount currently estimated at $19,800 for Erosion and Sediment Control. Providing the above estimates are approved by the County, I will have the Bank of Clarke County issue you a new bond in the amount of $219,975.46 if you will release the Grading Bond. Your attention to these matters would be greatly appreciated. Sincerely, Gregery M. Bancroft Member CC: Dale Fritts (Bank of Clarke County) Joe Wilder (Frederick Co. Public Works) F i! COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 September 21, 2009 Greenway Engineering Attention: Earnest Holzworth 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village Subdivision, Section 5 Final Plats, 1" Review Comments Dear Mr. Holzworth: I have had the opportunity to review the draft set of final plats for Sovereign Village, Section 5, which was submitted to our office August 27, 2009. Please address the following comments: • Identify housing types on all the lots. • Provide setbacks to match the housing types. • Provide copies of deed and maintenance agreements. • A monetary guaranty needs to be established before the final plats are approved. • The Owner's certificate and Surveyor's certificate must be signed before the final plats are approved. Please address the above comments and resubmit the final plats for approval. Should you have any questions, please do not hesitate to call me at (540) 665-5651 Zoning DMJ/dlw cc: Manning & Ross Developers, PO Box 27, Winchester, Virginia 22604 107 North Kent Street, Suite 202, • Winchester, Virginia 22601-5000 wGREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Sovereign Village - Section 5 File No: 2185 Date: Wed., August 26,2009 To: Frederick Co Plannin /Zoning_ 107 North Kent Street Winchester, VA 22601 From: Ernie Holzwort Attn: Mr. Mark Cheran GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: [:]Fed Ex ® U.S. Mail Courier ❑ Pick Up ❑ Other Urgent Fv� For Your Review ❑ As You Requested ❑ Please Comment Message Enclosed please find the following for your review and comment: (1) COPY - Final Subdivision Plat, Section 5, Sovereign Village dated August 26, 2009. This plat was previously approved on 12/29/08. Some of the sanitary sewer alignments were changed since then and this revised plat reflects those changes. Lot, Open Space and Right -of -Way confugurations and areas were not affected. Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: Time: AUG 2 7 2009 .L /J% GREENWAY ENGINEERING 11;ZPF 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Sovereign Village -Section 5 Subdivision File No: 2185 Date: Thu, Aug 20, 2009 To: FC Planning Attn: Copied Eric Lawrence From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Delivery: r Fed Ex ❑ U.S. Mail ❑ Courier r-j Pick Up 171 Other Manning and Ross to hand -deliver Urgent r-71 For Your Review r-71 As You Requested [j Please Comment Message Eric, Per your request, attached is the following for approval: -5 copies of the revised subdivision plans showing utility relocation due to construction constraints -Copy of FCSA approval letter -$500.00 review fee check NOTE: No subdivision application is required. As always, thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received by: Date: Time: Please Print Name: FREDEk.--K COUNTY SANITATION AL AORITY SITE PI,AN REVIEW COMIMENI'S PO Box 1877. Winchester, VA 22604 540.868.1061 Voice 315 Tasker Road, Stephens City, VA 22655 540.868.1429 Fax Project j - 5V yZ1-I4J.-X"- 0-1- J,,4V7�7 /4.9f r4e#A14 Applicant 46;;ZR6AoeWX 74144!X7-V&,o9 )� ;L 2 to 020 REVIEW STATUS attention—Kj(/ r ;r,04-- review number ---------- correct & resubmit approved as noted number of items to be corrected 16— approved You may submit just cover sbeet and the revised sheets. DRAWINGS send me b I? 1. print of sheets A/ Z�"l � :;2 1 2. two CDs: each disc shall contain the following plan sheets-Z. 1X13.16. *7175944P a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each rile shall he titled with the project name and appropriate -,;beet number. b) One CD (containing all of the above noted sheets) shall be in DWG format. Each sheet shall be in its own file and each sheet shall be titled with the project name and with the appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS 0 �N I need a copy of the recorded onsite and / or tgewer / casement(s) w 42-15;/ Y 62 1 need a copy of the recorded offisite water and / or sewer easement(s) I need a copy of the recorded deed(s) of easement before service will be authorized. OTHER Y 16) This project also requires DEQ - Valley Region approval. 4411 Early Road, A 0, Box 3000, Iforrisonburg., VA 22801 (540�574-7814) -,-A y This project also requires VDH - Lexington Office approval. 131 Walker St.. Ie,xinglon, VA 24450 (540-463- 7136) �1- Y /0 LLI 0 Z I W z�tt tl UJ „i tit z C**� UJ 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, I require (1) a copy of DEQs Certificate to Construct, (2) a copy of DEQs Certificate to Operate, and (3) two copies of the station's 0 & M manual. These documents must be received before water meters will be released. Date: In G. Whitacre - Senior Engineer I I NOV 08 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark, Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): � _ U:\Pam\Common\Document Approval Form.wpd a Ck- C6 n- (S; V--e -7t, /J1a, K "' FILrA E: Ue�P COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 29, 2008 Greenway Engineering Attention: Earnest Holzworth 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village Subdivision Plats Dear Mr. Holzworth: This letter is to confirm that the Sovereign Village Subdivision Plats, received by our office on November 19, 2008, are ready for approval. It is now appropriate for you to submit the final plats for this subdivision. Please be advised that square footage of each lot must reflect the approved subdivision. Should you have any questions, please do not hesitate to call me at (540) 665-5651 Singly, Dana M7 Johnsto, Zoning Inspector Attachments DMJ%dlw cc: Manning & Ross Developers, PO Box 27, Winchester, Virginia 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Sovereign Village - Section 5 File No: 2185 Date: Wed., November 19, 2008 To: _Frederick Co Planning Zoning_ 107 North Kent Street Winchester, VA 22601 Attn: Mr. Mark Cheran Copied Delivery: ❑ Fed Ex Other_ ❑ U.S. Mail From: Ernie Holzworth ,/� GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 F,-/] Courier ❑ Pick Up ❑ Urgent 0 For Your Review ❑ As You Requested ❑ Please Comment Message Enclosed please find the following for your review and comment: (1) COPY - Final Subdivision Plat, Section 5, Sovereign Village dated November 18, 2008 Hand Delivery and Pick Ups Only: Received by: Date: Time: Please Print Name: ILE COPYIt 1®1TY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 October 3, 2008 Greenway Engineering Attention: Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Subdivision 906-08; Sovereign Village, Section 5 Subdivision Design Plan PIN #65-A-39 Dear Kurt: This letter is to confirm that the Subdivision Design Plan for Sovereign Village, Section 5, received by our office on September 5, 2008, has been approved. This SDP allows for the development of 35 single family detached, zero lot line and 64 multifamily residential lots. Enclosed are three (3) full sets of plans for your records and distribution. If you have any questions, please feel free to call. Sincerely, Amber Powers Planner I Attachments ALP/bad cc: Manning & Ross Developers, PO Box 27, Winchester, Virginia 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 s FP 2 6 2008 MANNING & ROSS DEVELOPERS, LLC 135 Featherbed Lane Winchester, VA 22601 (540) 723-9868, x11 (540) 723-9869 (fax) Fr&vw thPi'De4v o f ... lair M ' 9/26/08 TO: Frederick County Planning & Development Subdivision Administrator Received 5 sets of Subdivision #06-08, Sovereign Village, Section 5 Subdivision Design Plan (PIN #65-a-39) (for signature by Subdivision Administrator) r Received by: Date: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 17, 2008 Greenway Engineering Attention: Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Subdivision #06-08; Sovereign Village, Section 5 Subdivision Design Plan PIN #65-a-39 Dear Kurt: This letter is to confirm that the revision to the Subdivision Design Plan for Sovereign Village, Section 5, received by our office on September 5, 2008, has been approved. This SDP allows for the development of 35 single family detached, zero lot line and 64 multifamily residential lots. Please submit at least five sets of the SDP for signature by the Subdivision Administrator. (Please note that it is the policy of the Subdivision Administrator to not sign loose cover sheets.) Sincerely, Amber Powers Planner I Dwo L:ST41 cc: Manning & Ross Developers, PO Box 27, Winchester, Virginia 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Sovereign Village -Section 5 Subdivision Plans File No: 2185 Date: Thu, Sep 4, 2008 To: FC Planning Attn: --Czerk1rr5 m41r Copied Bt -e- 5 Delivery: r_ Fed Ex r-I U.S. Mail Other Manning & Ross to submit From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 F Courier F1 Pick Up Urgent F,.4j For Your Review R] As You Requested FVJ Please Comment Message Candice, Per your request, attached is the following for your review: -2 copies of the revised subdivision plan per Planning comments dated August 21, 2008 -Comment response letter Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: S P 5 2008 1 Received by: Date: Time: Please Print Name: GREENWAY ENGINEERING, INC. 151 Windy Hill lane Winchester, Virginia 22602 Founded in 1971 S EP 5 2008 September 3, 2008 County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Amber Powers, Planner I Re: Sovereign Village, Section 5 — Subdivision Design Plan 2°d Review Comment Response Letter Dear Ms. Powers: We are in receipt of the comments dated August 21, 2008 and offer the following responses: Comments from Frederick County Planning Comment 1: Proffers. Please include the proffers associated with this section as a part of the SDP. Response: Proffers have been added to Sheet 2 of plan set. Comment 2: Setback Correction. Note that the front setback for multi family lots which front along private access drives and driveways are 20', not 25'. Response: As agreed upon to in our meeting on August 27, 2008, we have maintained a 25' BRL for all multiplex lots fronting the private access street, Abington Loop. We have also noted on Sheet 12 that all buildings must be set back a minimum of 20' from the back of sidewalk so that the required onsite parking may be provided without vehicular encroachment into the sidewalk areas. Since the sidewalks along Abington Loop are located within a 5' "Sidewalk Maintenance Easement", as agreed upon in our meeting, the 25' BRL will ensure that the 20' sidewalk to building setback will be maintained. Comment 3: "Perimeter Boundary" Clarified. It appears that the setbacks for the family lots are currently being measured from the outer perimeter of Section 5's development boundary. In fact, the setbacks for the side and rear of family lots are to be measured from the boundary of the individual lot lines, rather than those of the development as a whole. Of course, at the points where the multi family units are attached, whether it is along the side or rear of their property lines, these setbacks do not apply. Please see the top of sheet 11 for clarification. Response: No action to this comment per our meeting on August 12, 1008. Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 File #2185/KP/dlm www.greenwayeng.com Comment 4: Sidewalks. Expand the right-of-way width access easement for Abingdon Loop so as to include the development's sidewalks. Lot lines should not extend into this right-of-way. Response: See response #2. Comment S: RSB location. Please note that the RSB should not be shown within the lot lines of either the multi family or the single family detached homes. Also, on this most recent revision, the ten foot Internal Residential Separation Buffer (RSB) and the eight foot Maintenance Easement (ME) for zero -lot -line single family detached homes is shown as overlapping on sheet 12. Please correct. (See sheet 12 for clarification.) Response: Buffers have been corrected. Comment 6. RSB Evergreens. White Pine, while included in the ordinance as an acceptable screening option, is prone to failure. Thus, while not required, please consider replacing the White Pine with another comparable evergreen screen. Response: Landscape plan has not been revised (Developer has agreed that he may replace some of the specified white pines with another comparable evergreen screen at his discretion) Thank you for your assistance with this project. Contact us with any questions or need for additional information. Sincerely, Greenway Engine , Inc. Kurt Pennington Enclosures -Revised Subdivision Plans File #2185/KP/dlm COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Greenway Engineering Attention: Kurt Pennington 151 Windy Hill Lane Winchester, Virginia 22602 RE: Sovereign Village Section 5; Subdivision Design Plan 2nd Review Dear Kurt: I have had the opportunity to review the Subdivision Design Plan (SDP) for Snowden Bridge, Section 5, received by this office on May 23, 2007. Please address the following comments: 1. Proffers. Please include the proffers associated with this section as a part of the SDP. 2. Setback Correction. Note that the front setback for multi -family lots which front along private access drives and driveways are 20', not 25'. "Perimeter Boundary" Clarified. It appears that the setbacks for the family lots are currently being measured from the outer perimeter of Section 5's development boundary. In fact, the setbacks for the side and rear of family lots are to be measured from the boundary of the individual lot lines, rather than those of the development as a whole. Of course, at the points where the multi -family units are attached, whether it is along the side or rear of their property lines, these setbacks do not apply. Please see the top of sheet 11 for clarification. 4. Sidewalks. Expand the right-of-way width / access easement for Abington Loop so as to include the development's sidewalks. Lot lines should not extend into this right-of-way. 5. RSB location. Please note that the RSB should not be shown within the lot lines of either the multi- family or the single family detached homes. Also, on this most recent revision, the ten foot Internal Residential Separation Buffer (RSB) and the eight foot Maintenance Easement (ME) for zero -lot -line single family detached homes is shown as overlapping on sheet 12. Please correct. (See sheet 12 for clarification.) 6. RSB Evergreens. White Pine, while included in the ordinance as an acceptable screening option, is prone to failure. Thus, while not required, please consider replacing the White Pine with another, comparable evergreen screen. The application seeking Subdivision Design approval is denied until the identified issues have been adequately addressed. Please address the above comments and resubmit. If you have any questions, please feel free to call. Sincerely, i Amber Powers Planner I ALP/dlw Attachment cc: Manning & Ross Developers, PO Box 27, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 N GREENWAY ENGINEERING, INC 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 July 28, 2008 County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Amber Powers, Planner I Re: Sovereign Village, Section 5 Subdivision Plan Comment Response Letter Dear Ms. Powers: JUL 3 0 2008 We are in receipt of the comments dated July 22, 2008 and offer the following responses: Comments from Frederick County Planning Comment 1: Expand the right-of-way width for all roads so as to include the development's sidewalks. Adjust all lots accordingly. Response: Right-of-way widths have been adjusted to include sidewalks. Comment 2: Include road names and information on every sheet, including a notation marking private roads/alleys. Response: Road names and information has been added as requested. Comment 3: Please show the location of all street signs, street lights and crosswalk on the plans. Response: Street sign locations have been added to Geometry Plan sheets 11-13, and street light locations are shown on Utility Plan sheets 14-16. No crosswalks are shown (see response #4). Comment 4: Show crosswalks across Farmington Boulevard, Butterhouse Way and Durham Way near their intersections with Rossman Boulevard. Response: No crosswalk pavement marking have been shown on the plans as follows: • VDOT has not requested any crosswalk pavement markings for this development. • There are no marked crosswalks within limits of this development and this is the last section to be constructed. Comment 5: Revise the landscape chart to specify 2112 inch rather than 2 — 21h inch caliper trees. • Response: Landscape chart has been corrected. Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 File #2185/KP/dlm www.greenwayeng.com Two copies of the revised subdivision plan are included with this submittal. Thank you for your assistance with this project. Contact us with any questions or need for additional information. Sincerely, Greenway En ing, Inc. 3 Kurt Pennington Enclosures -Revised Subdivision Plan File #2185/KP/dlm jU L 2 4 2008 July 22, 2008 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX:540/678-0682 RE: Revised Subdivision Plan Comments — Sovereign Village Section 5 Frederick County, Virginia Dear Mr. Pennington: We have completed our review of the revised subdivision plan received May 19, 2008, and it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Sincerely, e C. Wilder '!�} Deputy Director of Public Works JCW/rls cc: Planning and Development file C:\Documents and Settings\MR\My Documents\Review Forma ts\Micha e1\AANDSMARBLE.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 O C T. of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 22, 2008 Greenway Engineering Attention: Kurt Pennington 151 Windy Hill Lane Winchester, Virginia 22602 RE: Sovereign Village Section 5; Subdivision Design Plan lst Review Dear Kurt: I have had the opportunity to review the Subdivision Design Plan (SDP) for Snowden Bridge, Section V, received by this office on May 23, 2007. Please address the following comments: 1. Expand the right-of-way width for all roads so as to include the development's sidewalks. Adjust all lots accordingly. 2. Include road names and information on every sheet, including a notation marking private roads/alleys. 3. Please show the location of all street signs, street lights and crosswalk on the plans. 4. Show crosswalks across Farmington Boulevard, Butterhouse Way and Durham Way near their intersections with Rossmann Boulevard. 5. Revise the landscape chart to specify 2 '/z inch rather that 2 — 2 '/2 inch caliper trees. The application seeking Subdivision Design approval is denied until the identified issues have been adequately addressed. Please address the above comments and resubmit. If you have any questions, please feel free to call. Sincerely, Amber Powers Planner I ALP/bad Attachment cc: Manning & Ross Developers, PO Box 27, Winchester, VA 22604 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 .a APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: ' ' '<._-` Application # r; �-- � MDP? Yes No If no, has MDP requirement been waived by the Planning Director? Yes No If MDP requirement has not been waived, fill in the following public hearing dates: Planning Commission: Board of Supervisors: Applicant/Agent: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: Manning & Ross Developers Address: P. O. Box 27 Winchester, VA 22604 Phone: 540-723-9868 Please list names of all owners, principals and/or majority stockholders: Greg Bancroft Contact Person: Greg Bancroft Phone: 540-723-9868 NAME OF SUBDIVISION: Sovereign Village — Section Five Number of Lots: 35 Single Family Detached Zero Lot Line 64 = Multiplex (Two Bedroom) Total ="99 Lots Total Acreage 20.73 Property Location: North of Senseny Road (Rt 657) at the west intersection of Rossman Boulevard and east of Channing Drive (Give State Rt. #, name, distance and direction from intersection) Magisterial District Red Bud Property Identification Number (PIN) 65-((A))-39 (Parent Tract) Property zoning and present use: RP/Vacant Adjoining property zoning and use: RP/Residential; RP/Vacant; B2/Vacant Has a Master Development Plan been submitted for this project? X Yes No If yes, has the final MDP been approved by the Board of Supervisors? X Yes No What was the Master Development Plan title? Sovereign Village — Revised Master Development Plan Does the plat contain any changes from the approved MDP? X No If yes, specify what changes: Minimum Lot Size (smallest lot) Single Family Detached Zero Lot Line (6,000 sf); Multiple (Two Bedroom) (2,700 sf) Number and types of housing units in this development: 35 Single Family Detached Zero Lot Line; 64 Multiplex (Two Bedroom) I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Date: ('-:� be, COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0632 April 16, 2008 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Site Plan Comments — Sovereign Village Section 5 Frederick County, Virginia Dear Mr. Pennington: Upon review of the site plan received January 9, 2008, we offer the following comments: Cut and fill slopes shall be adequately stabilized. Fill slopes greater than 3:1 will require a slope stability analysis and maintenance plan. 2. Provide a 20-foot drainage easement for all concentrated flows within on- or off -site residential lots. 3. Any area in which drainage collects from more than three (3) lots shall be placed within a platted drainage easement. 4. Drop Inlets in areas accessible to the public will require a smaller grate opening. 5. The construction access road is not long enough to provide adequate sediment removal from construction vehicles. Provide a stabilized construction entrance. 6. On sheet 5, label the size of each drainage area. 7. On sheet 32, several of the pipes on the storm computations table show runoff amounts that greatly exceed the pipe's capacity. If storm pipes are designed to flow under pressure, show the hydraulic grade line on the storm profiles. 8. On sheet 32, the storm sewer inlet comps shall be numbered by their structure number in order to readily identify them in the plan sheets. Please note that number 533 shows a large spread. Sincerely, it Joe C. Wilder Deputy Director JCW/mlr 1.07 North Kent Street • Winchester, Virginia 22601-5000 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Manning & Ross Developers, LLC (Phone) (540) 723-9868 (Address) PO Box 27, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 010016381 on Page , and is described as Parcel: 65 Lot: 39 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ® Subdivision —/Sec 5 ❑ Site Plan ❑ Comprehensive Policy Plan Amendment 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 rescinded or modified ``````��t►� In witness thereof, I (we) Signature(s) �5M1ssu this i day of M,&h200� :Z coMMow CF \A — COMMIS G Cit 2 In e5� # 3111 State of Virginia, County of ���C.,+To-wit: ••-31• hereto set my �Ar) hand I, Lois F_ • HtItC16 a NotaryPublic in and for the jurisdiction aforesaid, certifythat theperson(s)who'��zz NARY d t th f • t t d h I kn t 11 d b f d h slgne o e oregoing Ins rumen an w o (are) own o me, persona y appeare a ore me an as acknowledged the same before me in the jurisdiction aforesaid this IZ� day of �{ r_, 200 $ CY0 �_, �"L(;� d�Uoo�-� My Commission Expires: ld - 3i—,40 91 Notary Public _U F.pA..� LIH I a-- . ._ C- Control number SD08-0001 Project Name Sovereign Village- Section 5 Address 151 Windy Hill Ln. Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Date received Date reviewed Date Revised 1 /10/2008 1 /30/2008 Applicant Greenway Engineering City State Zip Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District 65-A-39 13 13 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Stonewall Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes J. Neal Title i JM 3 0 2008 I! y1�>:kK 4F 0 REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Inspections Department ATTN: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-418 5 Name of development and/or description of the request: Sovereign Village -Section 5 Location: Rossmann Boulevard in Sovereign Village Subdivision Inspection Department Comments: Code Administrator Signature and Date: e0ff- (NOTICE TO INSPECTIONS DEPT. * EASE R- TUAN THIS F TO AP LIC NT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Dwellings shall comply with The Virginia Uniform Statewide Building Code and The International Residential 2003 Codes. Duplex units/townhomes shall be separated per IRC R317. Homes located on lot line shall be rated as per USBC Section R302.1;Location on lot. Engineer Design required on slabs with greater than 8" fill or 24" clean sand/gravel. Lots 1,2,3,4,14,15,16,17,47,48,49,50,51,52,53,54,55,56,57,58,59,60,61,62,63,64,69,70,95,99 Engineering required on foundations due to storm water drains. Note Lots 3,22,23,31,30,41,46,45,50,51,74,75,78,79,94,95 Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover. Lots 15,16,17,18 Lot 85-90, Lot 93-99 Basement Egress shall meet the USBC Section 310.1 Grade shall be sloped away from foundations a min 6" in 10'. FREDERICK COUNTY SANITATION AUTHORITY SITE PLAN REVIEW COMMENTS PO Box 1877, Winchester, VA 22604 540.868.1061 Voice 315 Tasker Road, Stephens City, VA 22655 540.868.1429 Fax Project SGi/$,C`= /�jY �//� L /it•.��,t� - ,�S.�CT/liiY Applicant,e�icr/� wo'1/ REVIEW STATUS attention ey19 ' review number correct & resubmit pproved as noted number of items to be corrected approved DRAWINGS send me by 1. print of sheets /. 2 3 —a ! 3 7 2. two CDs: each disc shall contain the following plan sheets a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD (containing all of the above noted sheets) shall be in DWG format. Each sheet shall be its own file and each sheet shall be titled with the project name and with the appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS (9/ N I need a copy of the recorded onsite water and / or sewer easement(s). `W _ } Y & I need a copy of the recorded offsite water and / or sewer easement(s). / N � cc I need a copy of the recorded deed(s) of easement before service will be authorized. W c ♦ 1 W W W W Z OTHER � cc FD 6 '1 This project also requires DEQ - Valley Region approval. WY C) Z w 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801 (540-574-7814) Y /NN This project also requires VDH — Lexington Office approval. 131 Walker St., Lexington, VA 24450 (540-463-7136) Y / N This project has a sewer pump station that we will own. I require a copy of DEQ's Certificate to Operate and a copy of their approved O & M manual for the station. These documents must be received before water meters will be released. Date: 23114YQ9 ' John G. Whitacre - Senior Engineer A. PR 0 8 ♦ ti REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Frederick County Department of GIS Attn: Marcus Lemasters, GIS Manager 107 North Kent Street Winchester, Va. 22601 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's name, address and phone number: Greenway Engineering lGtl t✓ :(,� P.,e{'ji�GrT�� 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village -Section 5 Location: Rossmann Boulevard in Sovereign Village Subdivision GIS Department Comments: i ►��SC�(� C_OY1'1r11QX1�S�1��" ti 0 vu INFORMATION TECHNOLOGIES COUNTY OF FREDERICK, VIRGINIA STREET NAME COMMENTS SUBDIVISION COMMENTS DATE: January 11, 2008 SUBDIVISION: Sovereign Village, Section 5 STAFF MEMBER: Annie Cahill, GIS Technician APPLICANT: Greenway Engineering ATTN: Kurt Pennington 151 Windy Hill Ln Winchester, VA 22602 COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use by the subdivision and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system with the following corrections: Abington Dr Brockham Ct Butterhouse Ct Durham Ct 2. Corrections were made due to the following: Requested suffixes are inappropriate for planned roads. Way - a through road that connects two separate roads Loop — a through road that circles back upon itself 3. Structure numbering will be assigned during the permitting and construction phase of development. Frederick County Information Technologies, 107 North Kent Street, Winchester, VA 22601, (540)665-5614 REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building, 107, North Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-41 5 Name of development and/or description of the request: Sovereign Village -Section 5 Location: Rossmann Boulevard in Sovereign Village Subdivision Parks and Recreation Department Comments: Proffers and development parameters have been established Developer must demonstrate to the Planning Department that these requirements have been met. Plan appears to include a number of open space areas that are tucked between residential lots that realistically will offer no more than shared use between the adjacent lot owners. Plan appears to be offering the amount of open space required. more speciric i rormation is requirea to evaluate the recre units proposed. Please of r a su ary o its required and provided. Parks Signature and Date: (NOTICE TO PARKS *PLE E RETURN THIS FORM TO APPLIC T. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Fredtrick Count Pub Schools Y to ensure all students an excellent education K. Wayne Lee, Jr. CZA . Coordinator of Planning and Development . leew@frederick.k12.va.us February 21, 2008 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Re: Sovereign Village Section 5 Dear Kurt, FEB 2 E 2008 Frederick County Public Schools has reviewed the Sovereign Village Section 5 subdivision plan submitted to us on January 9, 2008. We offer the following comments: The cumulative impact of this project and other projects in various stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 35 single-family detached units and the 64 single-family attached units that this development will contain will house 12 high school students, 11 middle school students, and 20 elementary school students. In order to properly serve these 43 students, Frederick County Public Schools will outlay $1,521,000 in capital expenditures and $439,000 annually in operating costs. You will find, enclosed with this letter, a more detailed assessment of the impact of the Sovereign Village Section 5 development on FCPS. 2. Sovereign Village Section 5 is located within the walk zone of the future 12`h elementary school. No busing will be provided in this area. There needs to be a way provided for children from not only Section 5 but also neighboring sections to walk through this site to the school. The location of such trails and/or sidewalks is critical, as they need to be located to accommodate as many children as possible and to bring children to the one pedestrian access point that will be provided on Channing Drive to the school building. 3. On sheet 3 of 36, please remove the now non-existent parcels shown on the school parcel along Lynnehaven Drive. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are significantly increased by each approved residential development, as is illustrated above and in the attached development assessment. 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 Please feel free to contact me at leewnfrederick.kl2.va.us or 540-662-3888 x88249 if you have any questions or comments. Sincerely, K. Wayne ee, Jr., CZA Coordinator of Planning and Development Cc: Mrs. Patricia Taylor, Superintendent of Schools Mr. Al Orndorff, Assistant Superintendent for Administration as El Frederick County Public Schools Development Assessment Project Name: Sovereign Village Section 5 Assessment Date: February 20, 2008 Housing Type Single-family detached Single-family attached Multifamily Totals School Cost Capacity Per Student Cost Students Generated by this Development This Development's Impact on FCPS ( Student Generation Housing Units 35 64 99 Elementary School Student Generation 8 12 0 20 Caaital Costs Elementary School Cost (2008 CIP) $19,900,000 750 $26,533 20 Costs $531,000 Middle School Student Generation 5 6 0 11 Middle School Cost (2008 CIP) 35,542,000 850 $41,814 11 $460,000 High School Student Generation 6 6 0 12 High School Cost (2008 CIP) 55,250,000 1250 $44,200 12 Total Student Generation 19 24 0 Total Capital Costs $1,521,000 Annual Operational Costs This Development's Impact on FCPS Operational Costs ft 2007-08 School Attendance Zone September 15, 2007 Student Enrollment 2007-08 Building Program Capacity FY 2008 Budgeted Cost Total Student Per Student Generation Annual $10,215 43 $439 School Facilitv Information Elementary School Middle School (Grades K-5) (Grades 6-8) Evendale* Richard E. Byrd 695 810 644 850 * - Students from Sovereign Village Section 5 will attend the 12th elementary school, once it is opened. v High School (Grades 9-12) Millbrook 1,278 1,250 REQUEST FOR SUBDIVISION COMMENTS Department of Planning and Development Mail to• Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: 107 N. Kent Street Fourth Floor Winchester, VA (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach application, fee, location map, and two (2) copies of the site plan with this sheet. Applicant's name, address and phone number: Greenway Engineering 151 Windv Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village -Section 5 Location of property: Rossmann Boulevard in Sovereign Village Subdivision Planning and Development's Comments: Date received Date revision received Incomplete Incomplete Date reviewed Date reviewed Signature & Date: Signature & Date (revision): Date approved MANNING & ROSS DEVELOPERS, LLC 135 Featherbed Lane Winchester, VA 22601 (540) 723-9868, x11 (540) 723-9869 (fax) Frovwth&De4kof ... Gregwry M. B Oft-� 6/6/08 TO: Mark R. Cheran Frederick County Zoning and Subdivision Administrator RE: Sovereign Village, Section 5 Enclosed is the following submitted for approval: Subdivision Application Agency approval letters from FCSA, Inspections, Public Works, Fire Marshal, GIS, Public Schools, Park & Rec Signed/notarized special Limited Power of Attorney form Planning comment sheet 2 copies of the subdivision plans Our check #6265 for $12,400.00. Received by Date c Document Approval Form - INITIALS DATE & TIME Candice 'e Dana Eric Mike John Amber Received by Clerical. Staff (Date & Time):-Ob U:\Pam\Common\Document Approval Form.wpd 50J q 0 0 1291soj-uo* SUBDIVISION 106-08 SOVEREIGN VILL&GX-5 Red Bud 99 LOTS 20.73 ACRES A F1 4i