HomeMy WebLinkAbout23-04 Sovereign Village No. 4 23 Lots Red Bud - Backfilet
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Subdivision Checklist
1. Comment sheets from the following agencies, along with any marked copies of the plan:
VDOT
Sanitation Authority
Inspections Department
Fire Marshal
City of Winchester
Health Department
Parks & Recreation
County Engineer
2. 4 ! One copy of the subdivision application
l (i
Application received.
/ c
Fee paid (amount: $
Information entered in d-BASE and Reference Manual
0
File given to Renee' to add to Application Action Summary
_�//Ca
v
Plat(s) signed by Subdivision Administrator
-7 // t 1/6--)
>r
Approval letter to applicant/agent
GIS (Road Name
Review)
k'1,97 Copy of final subdivision plat(s) [with signatures] made and given to Mapping
and Graphics Manager for structure numbering assignment
,7/ �(O Updated d-BASE and Reference Manual
r. 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) $
O \Opeations ManuaRsubdivision.irk
R.—ed. W24/02
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SUBDIVISIONFINAL i
SECTION 4
SO VEREIGN VILLA GE
RED BUD MAGISTERIAL
JANUARY 16, 2006
RAI
� '� ���� = ����'• .,��''" III/I'•����
��_� �♦ � �' �/ � t a�'� �• ��
THE ABOVE AND FOREGOING DEDICA TIONOF A PORTION OF THE
MANNING & ROSS DEVELOPERS, L.L.C. , AS APPE4RS ON THE
ACCOMPANYINGOF
I / IN ACCORDANCE
THE DES17 / / OWNERS, PROPRIETORS, / TRUSTEES, IF
ANY
I I OF VIRGINIA
FOREGOING OWNER'S BEFORE
/
MY NOTARY PUf3L1C
COMMISSION
CERTIFICATE
HEREBYSURVEYOR'S
I CONTAINED IN THIS SUBDIVISION
PORTION OF THE LAND CONVEYED TO MANNING & ROSS DEVELOP
BY / DATED OCTOBER••• AND OF RECORD IN I'HE-/ERIC
COUNTY CIRCUIT COURT CLERKS OFFICE IN DEED BOOK 4 AT PAGE 0.
MARK D.
NO TF. PARENT TAX PARCEL
..
PR
/'FRUCK CbUNTYA% I' /A TE
•
-FREDERICK CO
SUBDIVISIONRJAITY � • I � DATE
GREENWAY ENGINEERING
,
Windy151 /
'1
Engineers Winchester, • / 02
Surveyors
Telephone: I i
i
2185 SHEET 1 O
Foundedin 1971I
O
J
Y
7
= C:UVLM
6
= LOTS
1—J
11
= LOTS
17-20
2
= MAP & INDEX
7 =
LOTS
4-6
12
= LOTS
21-2J
J
1
= NOTES & LEGEND
8 =
LOTS
7-10
1 J
= OPEN
SPACE 1
4
= CURVE DATA
9 =
LOTS
11-1 J
14
= OPEN
SPACE 1
5 =
LINE & EASEMENT DATA
10 =
LOTS
14-16
15 =
OPEN
SPACE 2
FINAL SUBDIVISION PLAT
SOVEREIGN VILLAGE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: N/A I DATE: JANUARY 16, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
,+*IWT-� Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX- (540) 722-9528
Founded in 1971 www.greenwayeng.com
16 = CANYON RD.
17 = OFFSITE SAN.
SEWER ESM,T.
MARK D. SMITH
No..0I0.20(0,9
� 4 svR
2185 SHEET 2 OF 17
A MONETARY CONTRIBUTION OF $J, 658. 73 PER LOT SHALL BE PAID TO
THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL
BUILDING PERMITS FOR EACH LOT.
AREA TABULATION:
TOTAL LOT AREAS = 6.6955 AC
ROAD R/W AREA = 1.5913 AC
TOTAL OPEN SPACE = 11.6471 AC
SUBDIVIDED AREA = 19.9339 AC
ORIGINAL AREA = 59.5458 AC
REMAINING AREA = 39.6119 AC
LEGEND:
BRL = BUILDING RESTRICTION LINE
• = POINT
O = 1 /2 " IRON REBAR & PLASTIC CAP SET
IRF = 1/2" IRON REBAR FOUND
= WATER LINE EASEMENT HEREBY DEDICATED
= SANITARY SEWER EASEMENT HEREBY DEDICATED
= DRAINAGE EASEMENT HEREBY DEDICATED
NOTES:
1. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG
ALL STREET RIGHT—OF—WAY LINES AND A 10' UTILITY & DRAINAGE
EASEMENT ALONG ALL PROPERTY LINES.
2. PRIOR TO THE ACCEPTANCE OF THE ROADS CONTAINED IN SOVEREIGN
VILLAGE INTO THE STATE SYSTEM, A PERMANENT CONNECTION TO THE
EXISTING STATE ROAD SYSTEM MUST BE CONSTRUCTED CONSISTENT WITH
THE APPROVED MASTER DEVELOPMENT PLAN.
3. SETBACKS UNLESS OTHERWISE NOTED ARE.
FRONT = 35'
SIDE = 10'
REAR = 25'
4. ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN
MINIMUM LOT WIDTH AT SETBACK = 70'
MINIMUM LOT WIDTH AT R/W = 40'
MINIMUM LOT SIZE = 12, 000 SO FT
5. THE RIGHT OF WAY INFORMATION AND EASEMENTS SHOWN HEREON ARE TAKEN
FROM A PLAT ENTITLED "FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND
RIGHT—OF—WAY DEDICATION OF CHANNING DRIVE" DATED JANUARY 4, 2006
PREPARED BY THIS FIRM AND IS NOT YET OF RECORD.
FINAL SUBDIVISION PLAT
SO VEREIGN VILLA GE T
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ARK D. SMITH
SCALE: N/A DATE: JANUARY 16, 2006 No.002009
GREENWAY ENGINEERING �� �,.� 0A
151 Windy Hall Lane 1�
%447 Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com 2185 SHEET 3 OF 17
CURVE DATA
CURVE
ARC LENGTH
RADIUS
CHORD LENGTH
TANGENT
CHORD BEARING
DELTA ANGLE
C 1
30. 45'
550. 00'
30. 45'
15.23'
N 13' 19'49 " W
OX 10'21 "
C2
182.2 1'
300.00'
179.42'
94.01 '
N 02'2858" E
34'4755"
C3
174.37'
120.00'
159.43'
106.64'
N 61 '30'32" E
83' 15' 13"
C4
I 332.22'
400.00'
1 322.75'
176.37'
N 79'20'32" E
47'35'14"
C5
91.38'
300.00'
91.03'
46.05'
S 86'5856" W
1727'09"
C6
329.86'
300.00'
313.49'
183.83'
N 52'4732" W
62'59'54"
C7
115.55'
300.00'
114.83'
58.50'
N 32' 19'37" W
22'04'05"
C8
138.04'
95.00,
126.21'
84.42'
N 61'30'32" E
83'15'13"
C9
26.22'
425.00'
26.2 1'
13.11 '
S 783754" E
03'32'05"
C10
64.74'
425.00'
1 64.67'
32.43'
S 84'4545" E
08'4338"
C 11
73.64'
425.00'
73.55'
36.91 '
N 855435" E
09'5542"
C 12
73.64'
425.00'
73.55'
36.91 '
N 755853" E
09'5542"
C13
52.13'
425.00'
52.09'
26.10'
N 6730'13" E
0701'39"
C 14
20.60'
25.00'
20.03'
10.93'
N 87'36'02" E
4713' 17"
C 15
5.30'
55.00'
1 5.30'
2.65'
S 71 '3255 " E
05'31 ' 12 "
C16
71.57'
55.00'
66.62'
41.86'
N 68'2449" E
74'33'19"
C 17
45.83'
55. 00,
44.52'
24.34'
N 07' 1545" E
47'4447"
C18
45.83'
55.00'
44.52'
24.34'
N 40'29'02" W
47'4447"
C 19
45.83'
55.00'
44.52'
24.34'
N 88' 13'49 " W
474447"
C20
56.67'
55.00'
1 54.20'
31.14'
S 38'22'38 " W
59'02' 19 "
C21
24.55'
25.00'
23.58'
13.37'
S 365925" W
56' 15'53"
C22
18.15'
375.00'
18.15'
9.08'
S 66'30'34" W
02'4626"
C23
100.00'
375.00'
99.70'
50.30'
S 7532'09 " W
15' 16'44 "
C24
103.07'
375.00'
102.75'
51.86'
N 8857'03" W
15'4453"
C25
27.57'
375.00'
27.56'
13.79'
N 7858'14" W
04'12'45"
C26
51.39'
145.00'
51.12'
25.97'
N 8701 01 " W
20' 18' 18"
C27
59.52'
145.00'
59.11 '
30.19,
S 71 '04' 15" W
23'31 ' 12"
C28
59.52'
145.00'
59. 11'
30.19'
S 47'33'03" W
23'31 ' 12"
C29
40.26'
145.00'
40.13'
20.26'
S 27'50'12" W
15'5432"
C30
35. 00,
325. 00'
34. 98'
17.52'
S 16'4749 " W
06' 10' 13"
C31
65.00'
325.00'
64.89'
32.61 '
S 075856" W
112733"
02
49.15'
325.00'
49.10'
24.62'
S 02'04'47" E
08'3953"
C33
76.45'
43.00'
66.77'
52.97'
S 44'31'16" W
10151'58"
04
129.93'
272.00'
128.70'
66.23'
N 70'51'40" W
27*22'10"
05
41.40'
920.00'
41.40'
20.70'
N 52'22'12" E
02'3442"
06
690.42'
865.00'
1 672.24'
364.78'
N 30'4736" E
45'4355"
C37
299.07'
272.00'
284.23'
166.68'
N 52'4732" W
625954"
C38
126.33'
328.00'
125.55'
63.96'
N 32' 19'37" W
22'04'05"
09
104. 76'
272.00;
104.12'
53. 04'
S 32' 19'37" E
22'04'05"
C40
360. 65'
328. 00342.
75'
200. 99'
S 52'47'32" E
62'5954 0
C41
170.35'
272.00'
167.58'
88.07'
N 39' 14'05" W
3553'O 1 "7d
FINAL SUBDIVISION PLAT
SOVERE/GN VILLA GE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: N/A I DATE: JANUARY 16, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
,****T� Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
V v \/
MARK D. SMITH 1;
No.002009
L4z SUR
2185 SHEET 4 OF 17
LINE DATA
LINE
BEARING
DISTANCE
L 1
N 43'30'09" W
84.64'
L2
N 42'50'59" W
23.42'
L3
N 71'04'15" E
120.25'
L4
N 47'33'03" E
120.25'
L5
N 2557'17" E
106.80'
L6
N 18' 1O'30" E
92.37'
L7
S 10'58'10" W
95.47'
L8
S 10'58'10" W
61.70'
L9
N 43'21 '40" W
23.42'
L 10
N 02'34'01 " E
60.20'
L 11
N 53'3934 " E
215.99'
L 12
S 64'3731 " E
18.39'
L 13
S 64'55'10" E
861.86'
L 14
S 25'04'50" W
340.31 '
L 15
N 40729102" W
153.79'
L 16
N 88'13'49" W
153.79'
L 17
S 52'04'00" W
88.9 1'
L 18
S 75'32'09" W
59.82'
L 19
N 894522" W
59.03'
L20
N 77*07'31 " W
75.82'
L21
N 76'51 '52" W
80.00'
L22
N 85'51 '32" W
117.25'
L23
S 43'30'09" E
84.64'
L24
S 42'50'59" E
23.42'
L25
S 4638'20" W
56.00'
L26
N 43'21 '40" W
23.42'
L27
S 05'4231 " W
56.00'
L28
S 4321 '40" E
23.42'
EASEMENT LINE DATA
LINE
BEARING
DISTANCE
E1
S 08'2328" E
34.40'
E2
S 86'2728" W
20.23'
E3
S 05'42'04 " E
27.97'
E4
S 46' 1836" W
35.54'
E5
S 43'21 '40" E
59.11 '
E6
S 40'01 '21 " E
72.56'
E7
S 26'40' 16" E
1 JO. 70'
E8
S 38'39'19" E
26.70'
E9
S 4637'01 " W
50.34'
E10
N 41'31 '48" W
57.03'
Ell
N 46'37'01 " E
44.62'
FINAL SUBDIVISION PLAT
SOVEREIGN VILLAGE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: N/A I DATE: JANUARY 16, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D. SMITH
No.002009
2185 SHEET 5 OF 17
SEE SHEET SEE SHEET 11
11 I
LOT 18 `N LOT 17
SEE SHEET 10 SEE SHEET 10
LOT 16 LOT 15
S 76'51 'S2" E 150.00' C4
WALES COURT
SEE SHEET 11 0 18.45' 50' R/W
LOT 19 6� 15 0 80.00, 0 51.55'_0 C9 0
0.0` :
10' GAS
/ — O — p LINE ESM T.
G . F i-
35 BRL � 35 BRL
�Cj�
o I3 LOT 2 3 LOT 3 3
h / LOT 1 12002 S.F. I:
►. v .ao I .� 12698 S.F.
41 I 15299 S.F. ao m
o m �-
: m iblo
�0 iV
—0 N�
25 BRL— (nj25 BRL
J
— — y L 25, BRL IVY
N 70'07'04IRF
m 50.00'
04
m
I
I ¢
~JNIi
V N�~
WWU
N
10' GAS PIPELINE ESMT. I
120.62' 0 73.23'
N 76051 '52" W 193.85' (TOTAL) IRF
C
CL
I I
I I
158 157
�•o—74'
6.79' N 72'36'S6T-0-
160.02' (TOTAL)
156 155
SOVERIEGN VILLAGE
SECTION 2C
50 0 50
NOTE.SEE SHEETS 3, 4 AND 5 FOR NOTES, LEGEND, GRAPHIC SCALE
CURVE DATA, LINE DATA AND EASEMENT LINE DATA. (/N FEET)
FINAL SUBDIVISION PLAT
SO VEREI GN VILLA GE
SECTION 4 r
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH
SCALE: 1" = 50' DATE: JANUARY 16, 2006 No.002009
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602 SUR
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com 2185 SHEET 6 OF 17
I
SEE SHEET 10
LOT 15
SEE SHEET 10 SEE SHEET 9 ',SEE SHEET 9
\
`s LOT 14 , s , LOT 13 LOT 12
Op. F
HALES COLPT
l�N01
C4 15' WA TER
FLINE ESM'T.
SEE SHEET
00
��•O 6
�v LOT 3 /LOT
5�4
12723 SB. 7/*�.
I
o �o
OC
N � J
LOT 5
13432 S. F. I
J
/O ml
/ O
25' BRL I
C12
O r
35' BRL
p
I
W
LOT 6
I
12756 S.F.
;
I
�IQ
m
�
O 00
f) I
25' BRL
_ I
? 56., 26.45' 101.73' 99.36'
oo -- o----
IIRF---,, S 77 06' 13" W 227.53' (TOTAL)
155 SEE SHEET 15
7 OPEN SPACE 2
154
153 152
Sp
SF RiFcN
oti 2�%cF
SEE SHEET 8
LOT 7
ti
O�
a
Z
OCb
bz
50 0 50
NOTE.- SEE SHEETS 3, 4 AND 5 FOR NOTES, LEGEND,
CURVE DATA, LINE DATA AND EASEMENT LINE DATA. GRAPHIC SCALE
(IN FEET)
FINAL SUBDIVISION PLAT
SO VE'REIGN VILLA GE F r
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK . SMITH
SCALE: 1" = 50' 1 DATE: JANUARY 16, 2006 No.002009
GREENWAY ENGINEERING l G '(, v
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX- (540) 722-9528
Founded in 1971 www.greenwayeng.com 2185 SHEET 7 OF 17 0
SEE SHEET 9
LOT 13
20' DRAINAGE ESM T. o m
0
m
F. pp - =
SEE SHEET 9 SEE SHEET 9 ���
LOT 11 V 1
LOT 12 , GP5 , � '. ° ...� 10' o, rn w
1O
WALES COURT
�-- _ C4_
8' (L=18.06')
C 13 nC��
121 T 10F\ N
1 m
W N
OJ CD W
50' R/W °D 10� 20' SANITARY
10' BRL SEWER ESMT.
A 0 N 732322:35 00
10
c�S
10' GAS
h
LINE ESM'T. _
Or 35 RL
W
b I
W
�
N
�" LOT 7
,
a� I 12769 S.F. J
h�
�I
h
Cn
25' BRL
0S
1"W99.51
SEE SHEET 15
OPEN SPACE 2
(L=10.00') V /
10'
LOT 9 /
12100 S.F. /
BRL
LOT 8 '�� ` �" �h v
12259 S. F. 'o \>\ &
WIo
',0; W�,05
5
sv Ci 0 P�
moo. 11�lb
�pQ�� P��
71Q
°
� 0 �
Q 69
50 0 50
NOTE. SEE SHEETS 3, 4 AND 5 FOR NOTES, LEGEND,
CURVE DATA, LINE DATA AND EASEMENT LINE DATA. GRAPHIC SCALE
(IN FEET)
FINAL SUBDIVISION PLAT
SO VERE/GN VILLAGE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 50' 1 DATE: JANUARY 16, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
TH
z
'MARK D. SMITH
No.002009
2185 SHEET 8 OF 17
,\O
N 75'32'09 M E
59,82 • 0
05��'�
� m
;N �C4 LOT 13
o •0/ 0 12080 S.F. I
OHO
35' I
7�04'43, E 157. 5
SEE SHEET 13,14
OPEN SPACE 1
•p4
,pop E
52
91
o � 25 gRl.
o� �
_h �I
;t LOT 12 0
0 12298 S. F. AI
I�IA
l O� BRA f J
• I 35/
N
ZtI�
�20
VARIABLE W/OTH C22
SANITARY SEWER ESM'T. — C4 —
WALES COURT
- - 50' R/W
SEE SHEET 7
LOT 6 SEE SHEET 8
LOT 7
C'r,
(15.06,
SEE SHEET 8
LOT 10
10' GAS LINE
ESM'T.
SEE SHEET 8
LOT 9 QS�
D
QQ
SEE SHEET 8 C6
LOT 8
50 0 50
NOTE. SEE SHEETS 3, 4 AND 5 FOR NOTES, LEGEND, GRAPHIC SCALE
CURVE DATA, LINE DATA AND EASEMENT LINE DATA. (IN FEET)
FINAL SUBDIVISION PLAT
SO VEREI GN VILLA GE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH
SCALE: 1" = 50' DATE: JANUARY 16, 2006 No.002009
GREENWAY ENGINEERING •�
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com 2185 SHEET 9 OF 17
C3
S 76051 '52" E
80.00'
25' BRL
Im
O
O
f0
II
w
LOT 16
I W
12000 S. F.
it
J
m I,o
o0
L
35' BRL
2
N 09 29'15" E
14.37'
80.00,
SEE SHEET 13,14
OPEN SPACE 1
S 77'07'31 " E
75.82'
5 89.45'22" E
5g 03,
Q 0 M
�m
gRL 1 0
r ' BRL
25
�'�
2 SEE SHEET 9
I `D
�
��
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LOT 13
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ca
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�
LOT 15
IW
o LOT 14
i ^ 12227 S. F.
12004 S. F.
J ^ i
o
E
LO
�.04 10,TP
1 '
BRL
� I o
35, BRA
I �
�
N5� 52 6'i
1
L 35'
.�
5
7'30'45"
�(7.20) C25 VAR
S 76'51 '52" E 150_00' SA4011
WALES COURT
50' R/W
SEE SEE SHEET 6
SHEET 6 LOT 2
LOT 1
4 /
REMT.
SEE SHEET 6 I SEE SHEET 7
LOT 3 LOT 4
SEE SHEET 7
LOT 5
50 0 50
NOTE. SEE SHEETS 3, 4 AND 5 FOR NOTES, LEGEND, GRAPHIC SCALE
CURVE DATA, LINE DATA AND EASEMENT LINE DATA. (IN FEET)
FINAL SUBDIVISION PLAT
SO VERE/GN VILLAGE
ISECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �I
SCALE: 1" = 50' 1 DATE; JANUARY 16, 2006
/t%� GREENWAY ENGINEERING
\�47 151 Windy Hill Lane
Engineers Winchester, Virginia Lane
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
w Y!el
MARK D. SMITH
No.002009
2185 SHEET 10 OF 17
SEE SHEET 13,14
OPEN SPACE 1
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SO VEREIGN VILLA GE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 50' DATE: JANUARY 16, 2006
/7:j!�N GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
MARK D. SMITH
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151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
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No.002009
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FINAL SUBDIVISION PLAT
SOVEREIGN VILLAGE
SECTION 4 r
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN/A MARK D. ITH
SCALE: i" = 100' DATE: JANUARY 16, 2006 No.002009
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
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FINAL SUBDIVISION PLAT
SO VEREI GN VILLA GE 0
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RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH
SCALE: i" = 100' 1 DATE: JANUARY 16, 2006 No.002009
toj7N GREENWAY ENGINEERING
151 Windy Hill Lane `Q1j�
1*41� Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
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FINAL SUBDIVISION PLAT
SO VEREI GN VILLA GE °
SECTION 4°
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. MITH
SCALE: 1" = 50' 1 DATE: JANUARY 16, 2006 No.002009
GREENWAY ENGINEERING ,Ucv
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
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FINAL SUBDIVISION PLAT
SO VEREI GN VILLA GE
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 100' DATE: JANUARY 16, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
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No.002009
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CURVE DATA, LINE DATA AND EASEMENT LINE DATA.
FINAL SUBDIVISION PLAT
SO VERE/GN VILLAGE
SEE SHEEP' 8
LOT 8
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GRAPHIC SCALE
(IN FEET)
SECTION 4
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 50' 1 DATE: JANUARY 16, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
moo
Surveyors Telephone: (540) 662-4185
FAX.- (540) 722-9528
Founded in 1971 www.greenwayeng.com
D.
MARK D. SMITH
No.002009
2185 SHEET 17 OF 17
I
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
//-2100 7 at _-..-.� D, 3o'- A 6A,
and with certificate acknowled en:.. , i1,wtvto annexed
was admitted to record. Tax hnpo••.• i . . 5:1.1-802 of
$�and 58.1-801 have bccil laid, if assessable.
�a , Clerk
COMMONWEALTH OF VIRGINIA
Q.
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GREGORY F.
HUTCHINSON
ATTORNEYATLAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22601
070011119
THIS DEED OF DEDICATION, made and dated this ! day of
2007, by and between MANNING & ROSS DEVELOPERS,
L , a Oirginia 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 Mark D. Smith, dated January 16, 2006 known as
Sovereign Village, Section 4, attached hereto and by this reference made a part hereof,
which property is further described on the Final Master Development Plan of
Sovereign Village as filed in the Office of the County of Frederick Department of
Planning and Development. This is a portion of the same real estate conveyed to the
DECLARANT by Deed dated October 1, 1999, of record in the Office of the Clerk of
the Circuit Court of Frederick County in Deed Book 948 at Page 1760; Manning &
Ross, LLC amended its name to Manning & Ross Developers, LLC by certificate duly
issued from the State Corporation Commission dated January 11, 2001.
WHEREAS, said real estate, as shown on the aforesaid attached plat, has been
subdivided into lots for the construction of single family homes thereon, and the
attached plat shows accurately the metes and bounds of the subdivided land, together
with the dimensions of each lot thereof and also shows certain surrounding lands in
said Subdivision to be used as common open space, storm water detention easement,
landscaping easements, access and driveway easements, sanitary sewer easements,
drainage easements, and utility easements over and across said lots, all of which shall
constitute a portion of that development known as Sovereign Village, and which
common open space/driveway/and access easement areas shall be owned and
maintained by the Sovereign Village Homeowners Association upon the terms and
conditions set forth hereinafter, and
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WHEREAS, the DECLARANT now desires to subdivide the same into lots to
be known as Section 4, Sovereign Village. 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 4,
lying and being situate in Red Bud Magisterial District, Frederick County, Virginia,
and being more particularly described by the aforesaid plat of Mark D. Smith, dated
January 16, 2006, attached hereto and by this reference 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 all of
the streets in Sovereign Village, Section 4, to Frederick County, Virginia (hereinafter
sometimes referred to as "the County") for public use, which streets dedicated hereby
are more particularly described by herein above referenced final subdivision plat of
Sovereign Village, Section 4.
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
-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
GREGORY F.
HUTCHINSON 2
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA 2250'1
I
to the benefit of each owner thereof.
ARTICLE I
Section 1. "Association" shall mean and refer to Sovereign Village
Homeowners Association, Inc., a nonstick Virginia Corporation, its successors and
assigns.
Section 2. "Common Areas" shall mean and refer to that certain real property
hereinabove described as common open space, driveway and access areas, and such
additions thereto as may hereafter be brought within the jurisdiction of the
Corporation.
Section 3. A "Lot" shall mean and refer to any of the lots designated upon
the plat of Sovereign Village Subdivision, with the exception of the common areas
space and parking areas.
Section 4. "Member shall mean and refer to every person or entity who holds
membership in the Association.
Section 5. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the
Sovereign Village Subdivision, as shown on the attached plat, including contract
sellers, but excluding those having such interest merely as security for the performance
of an obligation.
Section 6. "Declarant" shall mean and refer to Manning & Ross Developers,
LLC, its successors and assigns.
ARTICLE II
Every person or entity who is a record owner of a fee or undivided fee interest
in any Lot which is subject by covenants of record to assessments by the Association,
including contract sellers, shall be a member of the Association. The foregoing is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligatron. Only one membership shall be -accorded per Lot.
Membership shall be appurtenant to and may not be separated from ownership of any
GREGORY F
HUTCHINSO.N 3
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22601
GREGORV F.
HUYCHINSON
ATTORNEY AT LAW
124 S. BRACCOCK ST.
WINCHESTER, VA 22601
Lot which is subject to assessment by the Association. Ownership of such Lot shall be
the sole qualification for membership.
ARTICLE III
VOTING RIGHTS
Each Member of the Association shall have one vote for each lot owned in the
which said Member shall hold the interest required for membership in Article II.
When more than one person holds such interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with respect to any Lot.
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of not less than
three (3), but no more than five (5) directors, who must be members of the Association.
The initial Board of Directors shall be appointed by the DECLARANT and serve until
the first annual meeting following conveyance of fifty percent (50%) of the Lots in
Sovereign Village Subdivision without the assignment of Declarants Rights reserved
herein; thereafter, the Board of Directors shall be elected by the Membership as
determined in the Bylaws of the Association.
TREASURER
In the event that the Board of Directors deem it necessary, the Treasurer of the
Association shall be bonded, with the expense of such a fidelity bond for said officer to
be borne by the Association.
ARTICLE IV
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1. Member's Easement of Enjoyment: Every Member shall have a
right and easement of enjoyment in and to the "Common Areas", specifically including
but not limited to the rights of ingress and egress across the aforesaid "Common
assessed Lot, subject to the following provisions:
4
(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 mortgage in said "Common Areas" shall be
subordinate to the rights of the Homeowners
hereunder.
(b) The rights of the Association to suspend the voting
rights and the right to the use of the "Common Areas"
by a Member for any period during which any
assessment against his Lot remains unpaid; and for a
period not to exceed thirty (30) days for any infraction
of its published rules and regulations.
(c) The rights of the Association to dedicate or transfer all
or part of the "Common Areas" to any public agency,
authority, or utility for such purposes and subject to
such conditions as may be agreed to by the Members.
No such dedication or transfer shall be effective unless
an instrument signed by Members entitled to cast two-
thirds (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 contact purchasers who reside on the property.
Section 3. Title to the "Common Areas": The DECLARANT hereby
covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will
convey fee simple title to the common open space (referred to herein above as the
"Common Areas") to the Association, prior to the conveyance of the lots constituting
fifty percent (50%) of all approved buildable lots in the subdivision.
GREGORY F.
HUTCHINSON 5
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 2260,
I
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
FOR THE ASSOCIATION
Section 1. Assessments: The DECLARANT, for each Lot owned, hereby
covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or
not it shall be so expressed in any such Deed or other conveyance, is deemed to
covenant and agree to pay to the Association (1) annual assessments or charges, and
(2) special assessments for capital improvements, such assessments to be fixed,
established, and collected from time to time as hereinafter provided. The annual
assessments and special assessments, together, with interest thereon at the rate of
twelve percent (12.00%) per annum and costs of collection thereof, as hereinafter
provided, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together
with such interest, costs and reasonable attorney's fee, shall also be the personal
obligation of the person who was the Owner of such property at the time when the
assessment fee was due. The personal obligation shall not pass to his successors in
title unless expressly assumed by them, but shall continue as a lien upon said lot as set
forth herein above.
Section 2. Purpose of Assessments: The assessments levied by the
Association shall be used exclusively for the following purposes, to -wit:
Improvements and maintenance of the "Common Areas", specifically including, but
not limited to, 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 residents in the
"Common Areas" of Sovereign Village Subdivision, including payment of all liability
GREGORY F
HUTCHINSO.N 6
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER. VA 22601
insurance premiums for said "Common Areas" and facilities within.
Section 3. Basis and Maximum of Annual Assessments: Commencing
January 1, 2007, the maximum annual assessment shall be $100.00 per year per Lot;
(a) Thereafter, the maximum annual assessment per Lot
may be increased above and set forth herein above by a
vote of the Members for the next succeeding year and
at the end of each year's period, for each succeeding
period of one year, provided that any such change shall
have the assent of two-thirds (2/3) of the votes of
Members who are voting in person or by proxy, at a
meeting duly called for this purpose, written notice of
which shall be sent to all Members not less than thirty
(30) days nor more than sixty (60) days in advance of
the meeting, setting forth the purpose of the meeting.
The limitations hereof shall apply to any change in the
maximum and basis of the assessments undertaken as
an incident to a merger or consolidation in which the
Association is authorized to participate under its
Articles of Incorporation.
(b) After consideration of current maintenance costs and
future needs of the Association, the Board of Directors
may fix the annual assessments at an amount not in
excess of the maximum.
Section 4. Special Assessments for Capital Improvements: In addition to
the annual assessments authorized above, the Association may levy in any assessment
year a special assessment applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction, unexpected repair or
replacement of a described capital improvement upon the "Common Areas", including
the necessary fixtures and personal property related thereto, provided that only 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
GREGORY F.
HUTCHINSON 7
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER. VA 22BOI
meeting.
Section 5. Uniform Rate of Assessment
I
Both annually 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 M Action Authority Under Sections 3 and 4: At the
first meeting called, as provided in Sections 3 and 4 hereof, the presence at the
meeting of Members or of proxies entitled to cast Fifty -One Percent (51%) of all votes
shall constitute a quorum. If the required quorum is not forthcoming at any meeting,
another meeting may be called, subject to the notice requirement set forth in Sections
3 and 4 and the required quorum at any such subsequent meeting shall be one-half
(1 /2) of the required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments: DUE DATE:
The annual assessments provided for herein shall commence as to any Lot on the first
day of the month following the conveyance of that particular lot to a grantee other
than one wholly owned by DECLARANT. The first annual assessment shall be
adjusted according to the number of months remaining in the calendar year after
acquisition of title by any purchaser for DECLARANT. The Board of Directors shall
fix the amount of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of the annual assessment
shall be sent to every Owner subject thereto. The due dates shall be established by the
Board or Directors. The Association shall, upon demand at any time, furnish a
certificate in writing signed by an office 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
GREGORY F.
HUTCHINSON 8
ATTORNEY AT LAW
124 S. SRAOOOCK ST.
WINCHESTER, VA 2260,
CD
rn
the assessment 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, 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 effect the assessment lien. However, the sale or transfer of any Lot which is
subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish
the lien of such assessments as to payments thereof which become due prior to such
sale or transfer. No sale or transfers shall relieve such Lot from liability for any
assessments thereafter becoming due from the lien thereof.
Section 10. Exempt Property: The following property subject to the
Declaration shall be exempt from the assessments created herein; (a) the "Common
Areas"; (b) all properties dedicated to and accepted by a local public authority; and (c)
all properties owned by a charitable or nonprofit organization exempt from taxation by
the laws of the State of Virginia; and (d) any and all lots, whether improved or
unimproved, owned by DECLARANT. However, no residence occupied as a
dwelling shall be exempt from these assessments, regardless of ownership.
Section 11. Failure to Maintain "Common Areas": In the event that 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
ized by the Frederick- County Zoning Ordinance. The Couni
Zoning Ordinance is by this reference made a part hereof as if set out in full.
GREGORY F.
HUTCHINSON 9
ATTORNEYATLAW
124 S. BRADDOCK ST.
WINCHESTER, VA 2260,
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER. VA 22601
I
ARTICLE VI
USE, RESTRICTIONS AND COVENANTS
This Subdivision shall be subject to the following restrictions which are
constituted covenants real to run with the land:
1. All Lots shall be used for single family residential purposes only.
No detached garage or carport shall be permitted on any lot.
2. No profession or home occupation shall be conducted in or on
any part of a Lot; provided, however, that DECLARANT
reserves the right to use one or more of said Lots for business
purposes in connection with the development, sales and operation
of said subdivision.
3. No building or structure of any kind whatsoever shall be erected,
altered, placed, or permitted to remain on any lot, other than a
permanent single family dwelling. No such dwelling shall
exceed two stories above the 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 recreational camper,
trailer or recreational vehicle must be stored within a garage area
so that the same may not be seen from any roadway.
4. All homes shall have 1,500 square feet of living space. Living
space shall be computed using outside foundation measurements
and shall be exclusive of carports, garages and basements. Roof
pitch shall be at least 5/12.
No dwelling, garage or other building shall be erected or placed
on any lot which has an exterior construction other than brick,
10
GREGORY F.
HUTCHINSOM
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22BO1
wood, stone, dryvit, or combination there, unless otherwise
approved by the Architectural Committee. In no event will the
exterior surface of any home have less than 200 square feet of
stone or brick. No masonite board or log home shall be used on
the exterior of any home. Any exterior solar design or antennae,
satellite dish, towers, transmitters for radio, television,
microwave, or the like, must be screened and approved by the
Architectural Committee. In this respect, the Architectural
Committee may engage such professional services for review of
plans and each lot owner submitting said plans shall pay the
reasonable charges made for review by the professional services.
6. After a residence is built on any of said lots, the lot owner shall
provide in connection therewith off-street parking space of at
least 12' x 50' which will be paved with concrete.
7. No signs or advertising of any nature shall be erected or
maintained on any Lot except for sale signs for said Lot not to
exceed four (4) square feet in area, or signs used by a builder to
advertise the property during construction and sale. No "For
Rent" signs shall be allowed on any Lot whatsoever.
8. No boats, mobile homes, motor homes, campers, buses, trailers
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.
9. No animals of any kind (including livestock, poultry or birds)
shall be permitted on any Lot, except that dogs, cats and other
usual household pets may be kept, provided they are not kept,
bred or maintained or 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 kept unattended outdoors.
10. No fence or hedge shall be constructed or erected on any lot in
-said Subdivision; without prior approval by the Association. This
restriction shall not apply however, to any hedge or fence
constructed or erected by the DECLARANT.
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11. No noxious or offensive activities shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood.
12. In the event that a dwelling is destroyed, or has materially
deteriorated, the owner of the unit shall immediately repair the
damage or deterioration. No structure other than a dwelling
house of at least the same dimensions and architecture as the unit
destroyed shall be constructed in the place of the original home.
13. Each Owner shall keep all Lots owned by him and all
improvements therein or thereon in good order and repair and
free of debris, including, but not limited to, the seeding, watering,
and mowing of all lawns, the pruning and cutting of all trees and
shrubbery (in the event that such duties are not undertaken and
performed by the Association, as set forth herein above), and the
painting (or other appropriate external care) of all buildings and
other improvements, all in a manner and with such frequency as
is consistent with good property management. In the event an
Owner of any Lot in Sovereign Village Subdivision shall fail to
maintain the premises and the improvements situated thereon as
provided herein, the Association, after notice to the Owner as
provided in the Bylaws and approval by two-thirds (2/3) vote of
the Board of Directors, shall have the right to enter upon said Lot
to correct drainage and to repair, maintain and restore the Lot and
the exterior of the building erected thereon. All cost related to
such correction, repair, or restoration shall become a special
assessment upon such Lot.
14. No Lot shall be used or maintained as a dumping group 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.
15
No trees shall be planted nor other digging undertaken without
---first secunin-Ahe- approval of the -local, power company and
without first being advised as to the location of all underground
electrical, television cable and telephone wires.
GREGORY F.
HUTCHINSON 12
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA22B01
I
16. No exterior clothes line, or hanging device, shall be permitted on
any Lot.
17. The color of the paint on the exterior of every building on each
Lot shall remain the same as the original color.
18. No building, structure, addition nor exterior alteration (including
basketball backboards, rims or nets) or improvements of any
character shall be constructed upon any Lot or dwelling located
thereon, except as exterior painting is permitted by the prior
paragraph, unless the plan of construction, including quality of
workmanship, design, colors and materials, shall have been
approved in writing by the Sovereign Village Homeowners
Association as being in harmony with the whole subdivision,
especially the adjoining homes.
19. If in the construction of any dwelling by DECLARANT there
occurs an encroachment, then such encroachment shall be
deemed a perpetual easement for the benefit of the dominant Lot.
20. The DECLARANT reserves the right for itself, its successors and
assigns, or an Architectural Committee being itself or appointed
by it, its successors or assigns, to reject any and all plans for
houses or other structures proposed to be constructed on any Lot.
The DECLARANT retains the majority vote on the Architectural
Committee.
The DECLARANT shall constitute the Architectural Committee
and shall have the power to appoint its successors in interest, and
such Architectural Committee shall have no liability whatsoever,
either direct or indirect, on the approval or disapproval of matters
as set forth herein above, but such power in the Architectural
Committee shall be solely discretionary. The size of the
Architectural Committee shall be determined by the
DECLARANT or its duly nominated successors in interest.
If the said Architectural Committee, or its duly authorized
representative, shall fail to approve or disapprove any proposed
plans, specifications, or locations within thirty days after the
same have been submitted to the DECLARANT for approval,
such plans, specifications, and locations shall be deemed to have
GREGORY F.
HUTCHMSON 13
ATTORNEY AT LAW
124 S. BRAODOCK ST.
WINCHESTER, VA 22601
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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 any
one or more corporations or associations which will agree to
assume said rights, powers, duties, and obligations and carry out
and perform the same. Any 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, which instrument shall be recorded; and
such assignee or transferee shall thereupon have the same rights
and powers and be subject to the same obligations and duties as
are herein given to and assumed by the DECLARANT, its
successors or assigns, or the said Architectural Committee. In the
event of such assignment or transfer, the DECLARANT, its
successors or assigns, or said Architectural Committee, shall
thereupon be released from all of the rights, powers, duties, and
obligation in this instrument reserved or given to and assumed by
the DECLARANT, its successors or assigns, or the said
Architectural Committee. The right of assignment hereby
reserved to the DECLARANT, its successors or assigns, and the
said Architectural Committee, is so reserved to the end that the
rights, powers, duties and obligations reserved and given to them
may be assigned to an association or corporation formed by the
owners of lots in said subdivision for the purpose of accepting
said assignment; and such assignment may be made at such time
as the DECLARANT, its successors or assigns, and the said
Architectural Committee shall jointly determine.
In the event that the DECLARANT fails to appoint an
Architectural Committee, or if such Architectural Committee has
formed but is later disbanded, then approval for plans may be
obtained by the Lot owner submitting plans drawn and signed by
-- - --- a --licensed architect -in the State of Virginia, and in addition, if -the
plans are for an allowed outbuilding, then such architect shall
further, certify that the design is homogeneous with the existing
GREGORY F.
HUTCHINSON 14
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA 22BO,
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22BO1
structure on said lot.
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21. The DECLARANT herein reserves and shall have the right alone
to waive any one or more of the restrictive covenants and
conditions contained herein as to any Lot transferred by it except
that it cannot change the use of any Lot from residential to
commercial. This waiver shall not affect the binding effect of the
covenants and conditions upon any other Lot. The
DECLARANT further reserves the right along to impose
additional restrictive covenants and restrictions as to any Lot or
Lots owned by it at the time of the imposition and such
imposition shall not effect the binding effect of these provisions
upon any other Lots.
22. The invalidation of any one of the covenants or restrictions
contained herein by judgment or Court order shall in nowise
effect 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 V1I
EASEMENTS
Section 1. Sewer and Water Easement: The property dedicated hereby is
subject to that certain easement(s) or right(s) of way designated Sanitary Sewer
Easement and Utility Easement on the aforesaid attached plat. The DECLARANT
does hereby grant and convey unto the Frederick County Sanitation Authority, a
perpetual right of way or easement over the aforesaid rights of way for the installation
and maintenance of water and sewer lines and any related facility designated on the
aforesaid plat as Sanitary Sewer Easement and Utility Easement.
Section 2. Access and Driveway Easements: The property dedicated hereby
is subject to those certain easements designated Private Access and Driveway
II_ Easements which are shown_ on_ -the aforesaid attached -plat,. which Easements shall -be ( -
or t e private use of the Lot owners of Sovereign Village, their successors, assigns
15
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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, Section 2C,
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 purposes 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, 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, herein above.
DECLARANT, for a period of five (5) years from the date of conveyance of
the first lot in Sovereign Village Subdivision, Section 4, 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
GREGORY F.
HUTCHINSON 16
ATTORNEYATLAW
124 S. EIRAOOOCK ST.
WINCHESTER, VA 2260,
N.)
or shrubbery, make any grading of the soil or to take any other similar action
reasonably necessary, following which the DECLARANT shall restore the affected
property to its reasonable predisturbance condition as near as practical. The
DECLARANT shall give reasonable notice of intent to take such action to all affected
owners, unless in the opinion of the DECLARANT an emergency exists which
precludes such notice.
Reservation by DECLARANT of such blanket easement and rights contained
herein shall not, in any way, obligate DECLARANT to undertake any maintenance,
repair or corrective action whatsoever and shall not impose any liability or
responsibility upon DECLARANT therefore.
Section 4. Reservations: The DECLARANT reserves unto itself, its
successors or assigns, the right to erect, maintain, operate and replace underground
telephone and electrical conduits, related equipment, and other utility equipment
where such utility lines and equipment are now located and within the Utility
Easements and Sanitary Sewer Easements, as designated on the attached plat, and over
the "Common Areas" as needed.
Section 5. Si rage Easements: The DECLARANT reserves unto itself, its
successors or assigns, the certain signage easement located within the open space
running parallel to Senseny Road. The purpose of said signage easement is to erect
identification signage for Sovereign Village Subdivision and additional lands added
thereto as provided herein and which signage while being originally erected by
DECLARANT, shall be maintained by the Sovereign Village Homeowners
Association.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement: The Association, its successors or assigns, or any
Owner, -shall -•have the-right=to enforce, by an proceeding at -1aw- Or - in = equity, all
restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter,
GREGORY F.
HUTCHINSON 1
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA 22601
CA.)
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 be 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,
or hereinafter 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. Severabilily: Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision
which shall remain in full force and effect.
Section 3. Amendment: The covenants and restrictions of this Declaration
shall run with the land and bind the land, and shall inure to the benefit of and be
enforceable by the Association, or the Owner of any Lot subject to this Declaration,
their respective legal representatives, heirs, successors and assigns, for a term of thirty
(30) years from the date this Declaration is recorded, after which time, said covenants
shall be automatically extended for successive periods of ten (10) years. The
covenants and restrictions of this Declaration may be amended during the first thirty
(30) year period by an instrument signed by not less than ninety percent (90%) of the
Lot Owners, and thereafter, by an instrument signed by not less than seventy-five
percent (75%) of the Lot Owners. Any amendment must be properly recorded.
Section 4. Dissolution: Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the Association shall be dedicated
to an appropriate public agency to be used for purposes similar to those for which the
Association was created or for general welfare of the residents of Sovereign Village
Subdivision. In the event that such dedication is refused acceptance, such assets shall
be deemed vested in the Members of the Association as tenants in common.
-- =Section 5 -- Dedication- of --Street:= - The DECLARANT= does `her-eb dedicate
unto the County of Frederick, Virginia as public streets whose certain roadways
GREGORY F.
HUTCHINSON 18
ATTORNEY AT LAW
124 S. BRAODOCK ST.
WINCHESTER. VA 2260,
designated as Canyon Road, Wales Court and Rossman Boulevard on the aforesaid
recorded plat of Sovereign Village Subdivision, Section 4.
The Dedication and Subdivision of the land as shown on the attached plat is
with the free consent and in accordance with the desire of the undersigned
DECLARANT of the land being subdivided, and is in conformity with the provisions
of "The Virginia Land Subdivision Act" as are applicable, together with the applicable
ordinances and regulations of the governing body of the County of Frederick,
Virginia.
The County of Frederick, Virginia and the Frederick County Sanitation
Authority, by the signature of its agents on the attached plat, do accept the dedications
to public domain of the land and easements, respectively, herein described as such.
The designated "Common Area" are not dedicated hereby for use by the
general public but are dedicated to the common use and enjoyment of the homeowners
in Sovereign Village Subdivision as provided herein above.
ARTICLE IX
ADDITIONAL SECTIONS
Section 1. Additional sections ("Phases") of Sovereign Village will be
added in the future and those section, as they are added, will become part of Sovereign
Village Subdivision, subject to the same provisions as set forth herein and governed
by the same property owners association, provided, however, that DECLARANT may
amend the land use restrictions, setback requirements, building sizes and any other
provisions so long as the same scheme established in Sovereign Village, that being a
single family residential lot is maintained.
Section 2. The additions authorized under this Article shall be made by
filing of record as Supplementary Declaration of Covenants and Restrictions with
respect to the additional property which shall extend the scheme of the covenants and
the restrictions of -the Declaration (amended as herein permitted) to -such property.
Section 3. Such Supplementary Declaration may contain such
GREGORY F.
HUTCHINSON 19
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22601
I
complementary additions and modifications of the covenants and restrictions
contained in this Declaration as may be necessary to reflect the different character, if
any of the added properties, and as are not inconsistent with the scheme of this
Declaration. Except as hereinafter permitted, such Supplementary Declaration shall
not revoke, modify or add to the covenants established by this Declaration within the
Existing property.
Section 4. The DECLARANT shall not be and is not bound to make or
proceeds with the addition of any of the proposed additional sections of Sovereign
Village Subdivision inconsistent with the scheme of this Declaration. Except as
hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add
to the covenants established by this Declaration within the existing property.
Section 4. The DECLARANT shall not be and is not bound to make or
proceed with the addition of any of the proposed additional sections of Sovereign
Village Subdivision.
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WITNESS the following signature and seal:
DECLARANT:
MANNING & ROSS DEVELOPERS, LLC
By:
_Jz'��MA 7z1z6
G gory M. Ban oft, Manager
STATE OF VIRIGNIA,
CITY OF WINCHESTER, TO -WIT:
I, Lois E. Madison, a Notary Public in and for the State and
jurisdiction aforesaid do hereby certify that GREGORY M. BANCROFT, as
MANAGER OF MANNING & ROSS DEVELOPERS, LLC, whose names are signed
to the foregoing Deed of Dedication dated the day of , 2007
have personally appeared before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this % day ofQga�, 2007.
pal,{ My commission expires:
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2� %ERG lt1�P'•`�G
,,�-qqy pvz
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
July 11, 2007
Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Approval of Sovereign Village Section 4
Property Identification Number (PIN) #65-A- 39
RP (Residential Performance) Zoning District
Dear Mr. Wyatt:
This letter is to confirm that the plats for Sovereign Village Section 4 have been approved. This phase
calls for twenty-three (23) single- family detached urban lots. The appropriate construction guarantee
and deed of dedication have been received.
If you have any questions, please call me at (540) 665-5651.
Sincerely,
Mark R. Cheran
Zoning & Subdivision Administrator
MRC/bad
cc: Jane Anderson Real Estate
Commissioner of Revenue
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
COMMONWEALTH OF VIRGINIA
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GREOORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER. VA 22601
07001/119
THIS DEED OF DEDICATION, made and dated this /ad,day of
2007, by and between MANNING & ROSS DEVELOPERS,
LIJ, a irginia limited liability company, parry 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 Mark D. Smith, dated January 16, 2006 known as
Sovereign Village, Section 4, attached hereto and by this reference made a part hereof,
which property is further described on the Final Master Development Plan of
Sovereign Village as filed in the Office of the County of Frederick Department of
Planning and Development. This is a portion of the same real estate conveyed to the
DECLARANT by Deed dated October 1, 1999, of record in the Office of the Clerk of
the Circuit Court of Frederick County in Deed Book 948 at Page 1760; Manning &
Ross, LLC amended its name to Manning & Ross Developers, LLC by certificate duly
issued from the State Corporation Commission dated January 11, 2001.
WHEREAS, said real estate, as shown on the aforesaid attached plat, has been
subdivided into lots for the construction of single family homes thereon, and the
attached plat shows accurately the metes and bounds of the subdivided land, together
with the dimensions of each lot thereof and also shows certain surrounding lands in
said Subdivision to be used as common open space, storm water detention easement,
landscaping easements, access and driveway easements, sanitary sewer easements,
drainage easements, and utility easements over and across said lots, all of which shall
constitute a portion of that development known as Sovereign Village, and which
common open space/driveway/and access easement areas shall be owned and
maintained by the Sovereign Village Homeowners Association upon the terms and
conditions set forth hereinafter, and
WHEREAS, the DECLARANT now desires to subdivide the same into lots to
be known as Section 4, Sovereign Village. 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 4,
lying and being situate in Red Bud Magisterial District, Frederick County, Virginia,
and being more particularly described by the aforesaid plat of Mark D. Smith, dated
January 16, 2006, attached hereto and by this reference 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 all of
the streets in Sovereign Village, Section 4, to Frederick County, Virginia (hereinafter
sometimes referred to as "the County") for public use, which streets dedicated hereby
are more particularly described by herein above referenced final subdivision plat of
Sovereign Village, Section 4.
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
GREGORY F.
NUTCMINSON 2
ATTORNEY AT LAW
124 S. BRADOOCK ST.
WINCHESTER, VA 2260,
I
to the benefit of each owner thereof.
ARTICLE I
Section 1. "Association" shall mean and refer to Sovereign Village
Homeowners Association, Inc., a nonstick Virginia Corporation, its successors and
assigns.
Section 2. "Common Areas" shall mean and refer to that certain real property
hereinabove described as common open space, driveway and access areas, and such
additions thereto as may hereafter be brought within the jurisdiction of the
Corporation.
Section 3. A "Lot" shall mean and refer to any of the lots designated upon
the plat of Sovereign Village Subdivision, with the exception of the common areas
space and parking areas.
Section 4. "Member shall mean and refer to every person or entity who holds
membership in the Association.
Section 5. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the
Sovereign Village Subdivision, as shown on the attached plat, including contract
sellers, but excluding those having such interest merely as security for the performance
of an obligation.
Section 6. "Declarant" shall mean and refer to Manning & Ross Developers,
LLC, its successors and assigns.
ARTICLE II
Every person or entity who is a record owner of a fee or undivided fee interest
in any Lot which is subject by covenants of record to assessments by the Association,
including contract sellers, shall be a member of the Association. The foregoing is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. Only one membership shall be accorded per Lot.
Membership shall be appurtenant to and may not be separated from ownership of any
GREGORY F.
HUTCHINSON 3
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA 2260,
Lot which is subject to assessment by the Association. Ownership of such Lot shall be
the sole qualification for membership.
ARTICLE III
VOTING RIGHTS
Each Member of the Association shall have one vote for each lot owned in the
which said Member shall hold the interest required for membership in Article II.
When more than one person holds such interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with respect to any Lot.
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of not less than
three (3), but no more than five (5) directors, who must be members of the Association.
The initial Board of Directors shall be appointed by the DECLARANT and serve until
the first annual meeting following conveyance of fifty percent (50%) of the Lots in
Sovereign Village Subdivision without the assignment of Declarants Rights reserved
herein; thereafter, the Board of Directors shall be elected by the Membership as
determined in the Bylaws of the Association.
TREASURER
In the event that the Board of Directors deem it necessary, the Treasurer of the
Association shall be bonded, with the expense of such a fidelity bond for said officer to
be borne by the Association.
ARTICLE IV
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1. Member's Easement of Enjoyment: Every Member shall have a
right and easement of enjoyment in and to the "Common Areas", specifically including
but not limited to the rights of ingress and egress across the aforesaid "Common
Areas" and such easement shall --be appurtenant to -and -shall pass with -the -title to every
assessed Lot, subject to the following provisions:
GREGORY F.
HUTCHINSON 4
ATTORNEY AT LAW
124 S. SRAOOOCK ST.
WINCHESTER, VA2260,
Cn
C)
(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 mortgage in said "Common Areas" shall be
subordinate to the rights of the Homeowners
hereunder.
(b) The rights of the Association to suspend the voting
rights and the right to the use of the "Common Areas"
by a Member for any period during which any
assessment against his Lot remains unpaid; and for a
period not to exceed thirty (30) days for any infraction
of its published rules and regulations.
(c) The rights of the Association to dedicate or transfer all
or part of the "Common Areas" to any public agency,
authority, or utility for such purposes and subject to
such conditions as may be agreed to by the Members.
No such dedication or transfer shall be effective unless
an instrument signed by Members entitled to cast two-
thirds (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 contact purchasers who reside on the property.
Section 3. Title to the "Common Areas": The DECLARANT hereby
covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will
convey fee simple title to the common open space (referred to herein above as the
"Common Areas") to the Association, prior to the conveyance of the lots constituting
fifty percent (50%) of all approved buildable lots in the subdivision.
GREGORY F.
HUTCHINSON 5
ATTORNEY AT LAW
124 S. EIRAOOOCK ST.
WINCHESTER, VA 22601
cr)
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
FOR THE ASSOCIATION
Section 1. Assessments: The DECLARANT, for each Lot owned, hereby
covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or
not it shall be so expressed in any such Deed or other conveyance, is deemed to
covenant and agree to pay to the Association (1) annual assessments or charges, and
(2) special assessments for capital improvements, such assessments to be fixed,
established, and collected from time to time as hereinafter provided. The annual
assessments and special assessments, together, with interest thereon at the rate of
twelve percent (12.00%) per annum and costs of collection thereof, as hereinafter
provided, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together
with such interest, costs and reasonable attorney's fee, shall also be the personal
obligation of the person who was the Owner of such property at the time when the
assessment fee was due. The personal obligation shall not pass to his successors in
title unless expressly assumed by them, but shall continue as a lien upon said lot as set
forth herein above.
Section 2. Purpose of Assessments: The assessments levied by the
Association shall be used exclusively for the following purposes, to -wit:
Improvements and maintenance of the "Common Areas", specifically including, but
not limited to, 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 residents in the
"Common Areas" of Sovereign Village Subdivision, including payment of all liability
GREGORY F.
HUTCHINSON 6
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER. VA 2260,
O
N
insurance premiums for said "Common Areas" and facilities within.
Section 3. Basis and Maximum of Annual Assessments: Commencing
January 1, 2007, the maximum annual assessment shall be $100.00 per year per Lot;
(a) Thereafter, the maximum annual assessment per Lot
may be increased above and set forth herein above by a
vote of the Members for the next succeeding year and
at the end of each year's period, for each succeeding
period of one year, provided that any such change shall
have the assent of two-thirds (2/3) of the votes of
Members who are voting in person or by proxy, at a
meeting duly called for this purpose, written notice of
which shall be sent to all Members not less than thirty
(30) days nor more than sixty (60) days in advance of
the meeting, setting forth the purpose of the meeting.
The limitations hereof shall apply to any change in the
maximum and basis of the assessments undertaken as
an incident to a merger or consolidation in which the
Association is authorized to participate under its
Articles of Incorporation.
(b) After consideration of current maintenance costs and
future needs of the Association, the Board of Directors
may fix the annual assessments at an amount not in
excess of the maximum.
Section 4. Special Assessments for Capital Improvements: In addition to
the annual assessments authorized above, the Association may levy in any assessment
year a special assessment applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction, unexpected repair or
replacement of a described capital improvement upon the "Common Areas", including
the necessary fixtures and personal property related thereto, provided that only 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 thanthirty(30)- days -nor more
than sixty (60) days in advance of the meeting, setting forth the purpose of the
GREGORY F.
HUTCHINSON 7
ATTORNEY AT LAW
124 S. BRAODOCK ST.
WINCHESTER, VA2260,
I
meeting.
Section 5. Uniform Rate of Assessment: Both annually and special
assessments must be fixed at a uniform rate for all Lots, and may be collected on a
monthly basis.
Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the
first meeting called, as provided in Sections 3 and 4 hereof, the presence at the
meeting of Members or of proxies entitled to cast Fifty -One Percent (51 %) of all votes
shall constitute a quorum. If the required quorum is not forthcoming at any meeting,
another meeting may be called, subject to the notice requirement set forth in Sections
3 and 4 and the required quorum at any such subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments: DUE DATE:
The annual assessments provided for herein shall commence as to any Lot on the first
day of the month following the conveyance of that particular lot to a grantee other
than one wholly owned by DECLARANT. The first annual assessment shall be
adjusted according to the number of months remaining in the calendar year after
acquisition of title by any purchaser for DECLARANT. The Board of Directors shall
fix the amount of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of the annual assessment
shall be sent to every Owner subject thereto. The due dates shall be established by the
Board or Directors. The Association shall, upon demand at any time, furnish a
certificate in writing signed by an office 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
GREGORY F.
HUTCHINSON 8
ATTORNEY AT LAW
124 S. EIRAOOOCK ST.
WINCHESTER, VA 2260,
the assessment 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, the Association may bring an action at law against the
Owner personally obligated to pay the same, or foreclose the lien against the properly,
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 effect the assessment lien. However, the sale or transfer of any Lot which is
subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish
the lien of such assessments as to payments thereof which become due prior to such
sale or transfer. No sale or transfers shall relieve such Lot from liability for any
assessments thereafter becoming due from the lien thereof.
Section 10. Exempt Property: The following property subject to the
Declaration shall be exempt from the assessments created herein; (a) the "Common
Areas"; (b) all properties dedicated to and accepted by a local public authority; and (c)
all properties owned by a charitable or nonprofit organization exempt from taxation by
the laws of the State of Virginia; and (d) any and all lots, whether improved or
unimproved, owned by DECLARANT. However, no residence occupied as a
dwelling shall be exempt from these assessments, regardless of ownership.
Section 11. Failure to Maintain "Common Areas": In the event that 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 Countv Zoning Ordinance. The County of Frederick
Zoning Ordinance is by this reference made a part hereof as if set out in full.
OREOORY F.
HUTCHINSON 9
ATTORNEY AT LAW
124 S. EIRADDOCK ST.
WINCHESTER, VA 22BOl
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER,VA22601
en
l
ARTICLE VI
USE, RESTRICTIONS AND COVENANTS
This Subdivision shall be subject to the following restrictions which are
constituted covenants real to run with the land:
1. All Lots shall be used for single family residential purposes only.
No detached garage or carport shall be permitted on any lot.
2. No profession or home occupation shall be conducted in or on
any part of a Lot; provided, however, that DECLARANT
reserves the right to use one or more of said Lots for business
purposes in connection with the development, sales and operation
of said subdivision.
3. No building or structure of any kind whatsoever shall be erected,
altered, placed, or permitted to remain on any lot, other than a
permanent single family dwelling. No such dwelling shall
exceed two stories above the 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 recreational camper,
trailer or recreational vehicle must be stored within a garage area
so that the same may not be seen from any roadway.
4. All homes shall have 1,500 square feet of living space. Living
space shall be computed using outside foundation measurements
and shall be exclusive of carports, garages and basements. Roof
pitch shall be at least 5/12.
No dwelling, garage or other building shall be erected or placed
on any lot which has an exterior construction other than brick,
10
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wood, stone, dryvit, or combination there, unless otherwise
approved by the Architectural Committee. In no event will the
exterior surface of any home have less than 200 square feet of
stone or brick. No masonite board or log home shall be used on
the exterior of any home. Any exterior solar design or antennae,
satellite dish, towers, transmitters for radio, television,
microwave, or the like, must be screened and approved by the
Architectural Committee. In this respect, the Architectural
Committee may engage such professional services for review of
plans and each lot owner submitting said plans shall pay the
reasonable charges made for review by the professional services.
6. After a residence is built on any of said lots, the lot owner shall
provide in connection therewith off-street parking space of at
least 12' x 50' which will be paved with concrete.
7. No signs or advertising of any nature shall be erected or
maintained on any Lot except for sale signs for said Lot not to
exceed four (4) square feet in area, or signs used by a builder to
advertise the property during construction and sale. No "For
Rent" signs shall be allowed on any Lot whatsoever.
8. No boats, mobile homes, motor homes, campers, buses, trailers
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.
9. No animals of any kind (including livestock, poultry or birds)
shall be permitted on any Lot, except that dogs, cats and other
usual household pets may be kept, provided they are not kept,
bred or maintained or 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 kept unattended outdoors.
10. No fence or hedge shall be constructed or erected on any lot in
said Subdivision, without prior approval by the Association. This
restriction shall not apply however, to any hedge or fence
constructed or erected by the DECLARANT.
GREGORY F.
HUTCHINSON 1
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 2250,
0
cn
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA 22601
11. No noxious or offensive activities shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood.
12. In the event that a dwelling is destroyed, or has materially
deteriorated, the owner of the unit shall immediately repair the
damage or deterioration. No structure other than a dwelling
house of at least the same dimensions and architecture as the unit
destroyed shall be constructed in the place of the original home.
13. Each Owner shall keep all Lots owned by him and all
improvements therein or thereon in good order and repair and
free of debris, including, but not limited to, the seeding, watering,
and mowing of all lawns, the pruning and cutting of all trees and
shrubbery (in the event that such duties are not undertaken and
performed by the Association, as set forth herein above), and the
painting (or other appropriate external care) of all buildings and
other improvements, all in a manner and with such frequency as
is consistent with good property management. In the event an
Owner of any Lot in Sovereign Village Subdivision shall fail to
maintain the premises and the improvements situated thereon as
provided herein, the Association, after notice to the Owner as
provided in the Bylaws and approval by two-thirds (2/3) vote of
the Board of Directors, shall have the right to enter upon said Lot
to correct drainage and to repair, maintain and restore the Lot and
the exterior of the building erected thereon. All cost related to
such correction, repair, or restoration shall become a special
assessment upon such Lot.
14. No Lot shall be used or maintained as a dumping group 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.
II 15. No trees shall be planted nor other digging undertaken without
first securing the approval of the local power company and
without first being advised as to the location of all underground
electrical, television cable and telephone wires.
12
16. No exterior clothes line, or hanging device, shall be permitted on
any Lot.
17. The color of the paint on the exterior of every building on each
Lot shall remain the same as the original color.
18. No building, structure, addition nor exterior alteration (including
basketball backboards, rims or nets) or improvements of any
character shall be constructed upon any Lot or dwelling located
thereon, except as exterior painting is permitted by the prior
paragraph, unless the plan of construction, including quality of
workmanship, design, colors and materials, shall have been
approved in writing by the Sovereign Village Homeowners
Association as being in harmony with the whole subdivision,
especially the adjoining homes.
19. If in the construction of any dwelling by DECLARANT there
occurs an encroachment, then such encroachment shall be
deemed a perpetual easement for the benefit of the dominant Lot.
20. The DECLARANT reserves the right for itself, its successors and
assigns, or an Architectural Committee being itself or appointed
by it, its successors or assigns, to reject any and all plans for
houses or other structures proposed to be constructed on any Lot.
The DECLARANT retains the majority vote on the Architectural
Committee.
The DECLARANT shall constitute the Architectural Committee
and shall have the power to appoint its successors in interest, and
such Architectural Committee shall have no liability whatsoever,
either direct or indirect, on the approval or disapproval of matters
as set forth herein above, but such power in the Architectural
Committee shall be solely discretionary. The size of the
Architectural Committee shall be determined by the
DECLARANT or its duly nominated successors in interest.
If the said Architectural Committee, or its duly authorized
representative, shall fail to approve or disapprove any proposed
plans, specifications, or locations within thirty days after_ the
same have been submitted to the DECLARANT for approval,
such plans, specifications, and locations shall be deemed to have
GREGORY F.
HUTCHINSON 13
ATTORNEY AT LAW
124 S. BRADDOCK ST.
WINCHESTER, VA 2260,
I
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 any
one or more corporations or associations which will agree to
assume said rights, powers, duties, and obligations and carry out
and perform the same. Any 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, which instrument shall be recorded; and
such assignee or transferee shall thereupon have the same rights
and powers and be subject to the same obligations and duties as
are herein given to and assumed by the DECLARANT, its
successors or assigns, or the said Architectural Committee. In the
event of such assignment or transfer, the DECLARANT, its
successors or assigns, or said Architectural Committee, shall
thereupon be released from all of the rights, powers, duties, and
obligation in this instrument reserved or given to and assumed by
the DECLARANT, its successors or assigns, or the said
Architectural Committee. The right of assignment hereby
reserved to the DECLARANT, its successors or assigns, and the
said Architectural Committee, is so reserved to the end that the
rights, powers, duties and obligations reserved and given to them
may be assigned to an association or corporation formed by the
owners of lots in said subdivision for the purpose of accepting
said assignment; and such assignment may be made at such time
as the DECLARANT, its successors or assigns, and the said
Architectural Committee shall jointly determine.
In the event that the DECLARANT fails to appoint an
Architectural Committee, or if such Architectural Committee has
formed but is later disbanded, then approval for plans may be
obtained by the Lot owner submitting plans drawn and signed by
a licensed architect in the State of Virginia, and in addition, if the
plans are for an allowed outbuilding, then such architect shall
further certify that the design is homogeneous with the existing
OREOORY F
HUTCHINSO.N 14
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22BOl
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22BO'I
structure on said lot.
I
21. The DECLARANT herein reserves and shall have the right alone
to waive any one or more of the restrictive covenants and
conditions contained herein as to any Lot transferred by it except
that it cannot change the use of any Lot from residential to
commercial. This waiver shall not affect the binding effect of the
covenants and conditions upon any other Lot. The
DECLARANT further reserves the right along to impose
additional restrictive covenants and restrictions as to any Lot or
Lots owned by it at the time of the imposition and such
imposition shall not effect the binding effect of these provisions
upon any other Lots.
22. The invalidation of any one of the covenants or restrictions
contained herein by judgment or Court order shall in nowise
effect 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
EASEMENTS
Section 1. Sewer and Water Easement: The property dedicated hereby is
subject to that certain easement(s) or right(s) of way designated Sanitary Sewer
Easement and Utility Easement on the aforesaid attached plat. The DECLARANT
does hereby grant and convey unto the Frederick County Sanitation Authority, a
perpetual right of way or easement over the aforesaid rights of way for the installation
and maintenance of water and sewer lines and any related facility designated on the
aforesaid plat as Sanitary Sewer Easement and Utility Easement.
Section 2. Access and Driveway Easements: The property dedicated hereby
is subject to those certain easements designated Private Access and Driveway
Easements which are shown on the aforesaid attached plat, which Easements shall be
or t e private use of the Lot owners of Sovereign Village, their successors, assigns T
15
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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, Section 2C,
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 purposes 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, 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, herein above.
DECLARANT, for a period of five (5) years from the date of conveyance of
the first lot in Sovereign Village Subdivision, Section 4, 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
GREGORY F.
HUTCHINSON 16
ATTORNEY AT LAW
124 S. BRAODOCK ST.
WINCHESTER, VA 22601
CD
or shrubbery, make any grading of the soil or to take any other similar action
reasonably necessary, following which the DECLARANT shall restore the affected
property to its reasonable predisturbance condition as near as practical. The
DECLARANT shall give reasonable notice of intent to take such action to all affected
owners, unless in the opinion of the DECLARANT an emergency exists which
precludes such notice.
Reservation by DECLARANT of such blanket easement and rights contained
herein shall not, in any way, obligate DECLARANT to undertake any maintenance,
repair or corrective action whatsoever and shall not impose any liability or
responsibility upon DECLARANT therefore.
Section 4. Reservations: The DECLARANT reserves unto itself, its
successors or assigns, the right to erect, maintain, operate and replace underground
telephone and electrical conduits, related equipment, and other utility equipment
where such utility lines and equipment are now located and within the Utility
Easements and Sanitary Sewer Easements, as designated on the attached plat, and over
the "Common Areas" as needed.
Section 5. Signage Easements: The DECLARANT reserves unto itself, its
successors or assigns, the certain signage easement located within the open space
running parallel to Senseny Road. The purpose of said signage easement is to erect
identification signage for Sovereign Village Subdivision and additional lands added
thereto as provided herein and which signage while being originally erected by
DECLARANT, shall be maintained by the Sovereign Village Homeowners
Association.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement: The Association, its successors or assigns, or any
Owner, shall have the right to enforce, by an proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter,
GREGORY F.
HUTCHINSON 17
ATTORNEY AT LAW
124 S. BRADDDCK ST.
WINCHESTER, VA2260,
C=
CA.)
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 be 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,
or hereinafter 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 any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision
which shall remain in full force and effect.
Section 3. Amendment: The covenants and restrictions of this Declaration
shall run with the land and bind the land, and shall inure to the benefit of and be
enforceable by the Association, or the Owner of any Lot subject to this Declaration,
their respective legal representatives, heirs, successors and assigns, for a term of thirty
(30) years from the date this Declaration is recorded, after which time, said covenants
shall be automatically extended for successive periods of ten (10) years. The
covenants and restrictions of this Declaration may be amended during the first thirty
(30) year period by an instrument signed by not less than ninety percent (90%) of the
Lot Owners, and thereafter, by an instrument signed by not less than seventy-five
percent (75%) of the Lot Owners. Any amendment must be properly recorded.
Section 4. Dissolution: Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the Association shall be dedicated
to an appropriate public agency to be used for purposes similar to those for which the
Association was created or for general welfare of the residents of Sovereign Village
Subdivision. In the event that such dedication is refused acceptance, such assets shall
be deemed vested in the Members of the Association as tenants in common.
Section 5. Dedication of Street: The DECLARANT does hereby dedicate
unto the County of Frederick, Virginia as public streets whose certain roadways
GREGORY F.
HUTCHINSON 18
ATTORNEY AT LAW
124 S. SRAOOOCK ST.
WINCHESTER. VA 22601
designated as Canyon Road, Wales Court and Rossman Boulevard on the aforesaid
recorded plat of Sovereign Village Subdivision, Section 4.
The Dedication and Subdivision of the land as shown on the attached plat is
with the free consent and in accordance with the desire of the undersigned
DECLARANT of the land being subdivided, and is in conformity with the provisions
of "The Virginia Land Subdivision Act" as are applicable, together with the applicable
ordinances and regulations of the governing body of the County of Frederick,
Virginia.
The County of Frederick, Virginia and the Frederick County Sanitation
Authority, by the signature of its agents on the attached plat, do accept the dedications
to public domain of the land and easements, respectively, herein described as such.
The designated "Common Area" are not dedicated hereby for use by the
general public but are dedicated to the common use and enjoyment of the homeowners
in Sovereign Village Subdivision as provided herein above.
ARTICLE IX
ADDITIONAL SECTIONS
Section 1. Additional sections ("Phases") of Sovereign Village will be
added in the future and those section, as they are added, will become part of Sovereign
Village Subdivision, subject to the same provisions as set forth herein and governed
by the same property owners association, provided, however, that DECLARANT may
amend the land use restrictions, setback requirements, building sizes and any other
provisions so long as the same scheme established in Sovereign Village, that being a
single family residential lot is maintained.
Section 2. The additions authorized under this Article shall be made by
filing of record as Supplementary Declaration of Covenants and Restrictions with
respect to the additional property which shall extend the scheme of the covenants and
the restrictions of the Declaration (amended as herein permitted) to such property.
Section 3. Such Supplementary Declaration may contain such
GREGORY F.
HUTCHINSON 19
ATTORNEY AT LAW
124 S. BRADOOCK ST.
WINCHESTER, VA 22601
C)
C.f7
complementary additions and modifications of the covenants and restrictions
contained in this Declaration as may be necessary to reflect the different character, if
any of the added properties, and as are not inconsistent with the scheme of this
Declaration. Except as hereinafter permitted, such Supplementary Declaration shall
not revoke, modify or add to the covenants established by this Declaration within the
Existing property.
Section 4. The DECLARANT shall not be and is not bound to make or
proceeds with the addition of any of the proposed additional sections of Sovereign
Village Subdivision inconsistent with the scheme of this Declaration. Except as
hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add
to the covenants established by this Declaration within the existing property.
Section 4. The DECLARANT shall not be and is not bound to make or
proceed with the addition of any of the proposed additional sections of Sovereign
Village Subdivision.
0
c
WITNESS the following signature and seal:
DECLARANT:
MANNING & ROSS DEVELOPERS, LLC
By:
G gory M. Banroft, Manager
STATE OF VIRIGNIA,
CITY OF WINCHESTER, TO -WIT:
I, Lois E. Madison, a Notary Public in and for the State and
jurisdiction aforesaid do hereby certify that GREGORY M. BANCROFT, as
MANAGER OF MANNING & ROSS DEVELOPERS, LLC, whose names are signed
to the foregoing Deed of Dedication dated the day of , 2007
have personally appeared before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this % day ofQLA�, 2007.
,.w•y'� �lf, My commission expires: I -c l - o D .9
-C3 OF
Z �, yRG tt��P .; •
O�...... �G .
'' 'SAY pv6
C-,) GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name:
Sovereign Village, Section 4
File No:
2185
Date:
Fri, Jul 6, 2007
To:
FC Planning
Attn: Mark Cheran
Copied
Delivery: F Fed Ex
r-j Other_
r-j U.S. Mail
From: Evan Wyatt/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
F Courier F Pick Up
r-j Urgent F For Your Review I✓f As You Requested P/1 Please Comment
Message
Mark,
Per our phone conversation, attached is the following for final approval and signature:
-6 copies of the Subdivision Plan
Thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received by:
Please Print Name:
Date:
• SnV(-4ti,-A VI+13 66r MEJ!W'$
bod"'o`a P ftd.
LAWSON AND SILEK, P.L.C.
160 ExETER DRwz, SurrE 103
POST Omm Box 2740
Wuvc wmit, VA 22604
TELEPHONE: (540) 665-0050
FAcsIMQ.E: (540) 722-4051
June 28, 2006
Kris C. Tierney, Assistant County Administrator
County Administration Building
107 North Kent Street
Winchester, VA 22601
Dear Kris:
JON 2 g 2006
THOMAS MOORE LAWSON • TLAWSON(k%SPLC.COM
Re: Manning and Ross Builders
Our File No. 860.001
I am in receipt of Ben Butler's letter dated June 20, 2006, which was sent by mail and
unfortunately not received by this office until a day ago. Attached is another letter from me, which
had been drafted before Ben's letter and circulated for review, comment and approval by my clients
and others, which was to be a response to Eric Lawrence's letter of June 14, 2006. Unfortunately, it
appears that due to the parties' failure to communicate in person, by telephone or by fax that we now
have a series of correspondence which are crossing in the mail and that I believe are creating more
confusion and less remedy to the problem at hand.
Ben Butler's letter of June 20a' touts it encloses a copy of the Easement Agreement, which
had been drafted and agreed to between QR Development, L.L.C., Lynnehaven, L.C., and Manning
& Ross Developers, LLC. As you know from my conversations and communications some time
prior to June 2e, you already had a copy of this Agreement in your file. You have a copy of that
Agreement because I forwarded it to you via e-mail on June 16, 2006. My understanding was that
the County intended to review that draft Agreement and decide whether it was in an acceptable form
to the County and/or if the County wanted to be a party to the Agreement. Manning & Ross was
willing to sign the Agreement back when it was drafted and it continues with that intention. As I
understand it, the only issue remaining is whether the County also wants to be a party and, therefore,
the Agreement needs to be amended. I leave that in your hands.
Ben Butler's letter further states that there is a Deed of Dedication, which needs to be
executed by Manning & Ross to allow a formal dedication of that portion of Channing Drive, which
has been completed adjacent to the Arcadia development. In point of fact, that Deed of Dedication
has been executed by Manning & Ross. I have previously advised Mr. Butler of Manning & Ross'
willingness to dedicate the road for some time and my only comment to the draft Deed of Dedication
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Mr. Kris Tierney
June 28, 2006
Page 2
was my belief that for a Dedication to be complete, it needs to be accepted by the public body and
the form document needed to be amended to reflect the acceptance of the dedication by Frederick
County and also the approval of the form of the document by the County Attorney. I understand that
within the last two days, the Deed of Dedication has been amended to incorporate those two
revisions and accordingly, Manning & Ross has executed the Deed of Dedication.
Finally, I do believe that everyone is in agreement that with the dedication of the portion of
Charming Drive adjacent to the Arcadia development that the QR development Section 3 and the
Manning & Ross development Section 4 need to be approved for building permits by Frederick
County. I believe this is consistent with the proffers and rezoning that was approved back when
Sovereign Village was accepted by the County. I also agree that there will need to be an amended
Master Plan prepared by Manning & Ross to address the sections of its property yet to be developed
and that the Master Plan will need to specifically spell out the incompletion of Channing Drive, those
areas that border Manning & Ross, coordination of the completion of Channing Drive and the
portions of the property that border Lynnehaven and/or QR Development, and also provide for the
size, shape, and completion date of a community/recreation center. As I point out in the attached
letter, there will also need to be some work on the ordinance to address this community/recreation
center in advance of the filing of that Master Plan. All in all, and as we have said on numerous
occasions, this is a process that will require steps, and I believe we are well on our way to completing
those steps. Also, we firmly believe, however, that any finger -pointing is counterproductive and may
well lead to the undoing of the cooperation that is being developed. Accordingly, I am strongly
suggesting to all those in receipt of this letter that we keep this in mind.
Thank you for your continued assistance and cooperation. Should you have any questions,
please do not hesitate to give me a call.
TML:atd
cc: Manning and Ross Builders
Benjamin M. Butler, Esquire
Eric R. Lawrence, Planning Director
Mark Cheran, Zoning and Subdivision Administrator
Richard Shickle, Chairman of the Frederick County Board of Supervisors
LAWSON AND SILEK, P.L.C.
160 ExETER DRIVE, SurrE 103
PosT OFFICE Box 2740
WiNcourER, VA 22604
TELEPHONE: (540) 665-0050
FACsiMME: (540) 7224051
June 22, 2006
Kris C. Tierney, Assistant County Administrator
County Administration Building
107 North Kent Street
Winchester, VA 22601
Dear Kris:
THOMAS MOORE LAWSON • TLAWSON(R.LSPLC.COM
Re: Manning and Ross Builders
Our File No. 860.001
I am in receipt of a letter dated June 10 sent from Eric Lawrence on behalf of the Planning
and Development Department of Frederick County, which was a follow up to our meeting of May
3 1 " and my letter of June 2, 2006. To keep everyone in the loop, I am copying all of those copied on
the June 14`h letter. Also, I have had the opportunity to share the June 14t' letter with my clients.
While we are pleased to continue the dialogue concerning the issue surrounding the
Sovereign Village development, the proffers associated with Channing Drive, the community center
and various requests for Master Plan amendments, I am confused by Eric Lawrence's letter. I
understand the County's desire to give specific delineations of the process by which proffered
components of Sovereign Village are delivered, but I believe it is clear that the proffers provide for
the delivery of those component pieces.
Further, while I do not disagree that an amended Master Plan process maybe the mechanism
for tying up all remaining loose ends to include a specific timetable for the construction of Charming
Drive and a community center, I do not think it is appropriate to hold up existing property where
proffered improvements have been delivered and, in specific cases, where Channing Drive has been
fully constructed.
My letter of June 2nd described a process which acknowledged the completion of segments of
Channing Drive, which should allow for a connection between Senseny and Valley Mill Roads
consistent with the rezoning and proffers to allow for the issuance of building permits. Those permits
would be before the property owned by QR Development/Denver Quinnelly, and also by Manning &
Ross.
To that end, in addition to my letter, I forwarded to you an Easement Agreement, which had
been drafted to be executed by all parties in interest to assure a clear path toward the completion of
Charming Drive in areas where it is not yet constructed.
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Mr. Kris Tierney
June 22, 2006
Page 2
With regard to the Master Plan amendment, this is to confirm that Manning & Ross has
previously submitted an amended Master Plan, which provided as one of its components the bonding
and construction of the remainder of Channing Drive. As you know, that Master Plan never made it
out of Planning because of an ordinance interpretation that required the construction of a multi-
million dollar community center. In our last meeting, all agreed, including representatives of
Frederick County, that assuming it was even possible to deliver a multi -million dollar community
center, that it would not be in the interest of the community and it would not be something that could
be maintained by the Homeowners' Association. Accordingly, at our meeting of May 31 s`, it was
agreed that Manning & Ross would prepare a revised Master Plan to provide for the construction of
Charming Drive, provided some agreement or ordinance revision could be reached to allow for a
reasonable community center in a size suitable for the Sovereign Village community. I had thought
in our meeting of May 3 1 " we had all agreed that the preparation of that Master Plan and the
amendment of any relevant ordinance would take an extended period of time and that it would not be
proper to hold from development the existing lots, which are ready to go forward due to the recent
construction of Charming Drive. From my read of Mr. Lawrence's letter, however, it now appears
we did not have an agreement and the County is suggesting that everything within the Sovereign
Village development will be held up until such time as the Master Plan and text to that have been
submitted, reviewed and approved.
Please review your notes of the meeting, as well as the enclosed and referenced
correspondence and let me know how Frederick County intends to proceed. I continue to submit that
the lots that lay adjacent to the newly completed sections of Charming Drive should be permitted and
allowed for development. My clients have authorized me to state in writing that as a second step to
this process they will re -submit their amended Master Plan and they will provide for the completion
of the remainder of Charming Drive. I had thought we had the commitment of the County to work to
create an ordinance that allows, and calls for, the construction of a reasonable community center.
Thank you for your continued assistance and cooperation. If, after you have reviewed the
enclosed, you would like to meet to discuss these issues further, please give me a call.
TML:atd
cc: Manning & Ross Builders
Benjamin M. Butler, Esquire
Eric R. Lawrence, Planning Director
Mark Cheran, Zoning and Subdivision Administrator
Y-
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
14, 2006
Ty Lawson, Esquire
Lawson and Silek, P.L.C.
160 Exeter Drive, Suite 103
Winchester, Virginia 22603
Benjamin M. Butler, Esquire
Kuykendall Johnston McKee & Butler P.L.C.
112 S. Cameron Street
Winchestef, Virginia 22601
RE: Channing Drive: Lynnhaven and Sovereign Village developments
Dear Ty and Ben:
Thank you for meeting with Kris Tierney, Mark Cheran, and me on May 31, 2006, to
discuss the progression of the Channing Drive developments (Lynnhaven and Sovereign
Village). I believe we had a fruitful meeting, and now better understand the various
issues from each of our vantage points. The most significant issues appear to relate to the
completion of the Channing Drive road improvements and the recreation center. Staff is
also prepared to work with each of your development teams to facilitate revisions to your
respective master development plans when each is sought.
At the conclusion of our meeting, county staff indicated our intent to meet with various
County officials to apprise their on the development. In preparation for this meeting,
your development teams offered to provide county staff with:' (1) a letter summarizing
our May 31, 2006 meeting, and offering a commitment to bond the unimproved portions
of the Channing Drive ruad impiuvernent and die pruff�lrld reureatiun center in
conjunction with approval of a. revised MDP; (2) a preliminary Master Development
Plan revision for Sovereign Village which .would intrad=. a multiplex: housing type; and
(3) a three -party agreement to address the provision of right-of-way by each party and the
construction responsibilities for the remaining portion of the Charming Drive road
improvement. As of June 13, 2006, I have not received all of these materials.
The County is in receipt of a letter from Mr. Lawson, dated June 2, 2006, which
address the commitment to bond outstanding improvements associated with Channing
Drive, an element the County understood would be addressed in response to our May 31,
2006 meeting. Additionally, I would note that the recreation center is a proffered
community amenity and. is not directly associated with a revised MDP as. suggested in
this June 2, 2006 letter. While we. believe the recreation center could be enhanced as part
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Ty Lawson, Esquire
Benjamin Butler, Esquire
Re: Channing Drive
June 14, 2006
Page 2
of an open space reduction effort, it's important not to overlook that the recreation center
was proffered with the rezoning.
Mr. Lawson's letter seeks an amendment to an open space ordinance to correct a `flaw' in
the ordinance text. As discussed on May 31, 2006, it is expected that Manning and Ross
provide county staff with their revised master development plan. Staff continues to offer
to work with the development team, review the revised MDP, and determine the quantity
of additional recreation units that would be required, and how such additional recreation
units -might be incorporated into the proffered reereation centers As of June 12, 2006, the
revised MDP has not been provided to County staff. Until the MDP review and
subsequent discussion occurs, it is inappropriate to consider an ordinance text amendment
as suggested in Mr. Lawson's letter.
As discussed, the three -party agreement suggested by the development teams would
delineate the process by which the Channing Drive road improvements would be
completed. And more importantly, the agreement would acknowledge a working
relationship between the developers and their- willingness to execute the necessary
documents when the road dedication was necessary. As of June 13, 2006, I have not
received the three -party agreement.
We look forward to receiving the three items as discussed on May 31, 2006. Once in
receipt of these materials, we will proceed with the appropriate MDP review and apprise
the County officials with the development's efforts to address the road and proffered
recreation center construction commitments.
We look forward to working with your development teams on this project.
Sin rely,
r
E c R. Lawrence
Planning Director
cc: QR Development - Lynnhaven
Manning and Ross Developers — Sovereign Village
Kris Tierney, Assistant County Administrator
Mark Cheran, Zoning and Subdivision Administrator
ERUbad
LAWSON AND SILEK, P.L.C.
Sal
Posy 017= Baas 2740
WmcnrrzR, VA nO4
Fes: (540) 722-4051
June 2, 2006
Kris C. Tierney, Assistant County Administrator
County Administration Building
107 North Kent Street
Winchester, VA 22601
Re: Manning and Ross Builders
Our File No. 860.001
Dear Kris:
This is a follow up to our meeting of May 31, 2006 involving you, Eric Lawrence and Mark
Cheran on behalf of Frederick County, David Madison, Greg Bancroft and me on behalf of Manning
and Ross, and Ben Butler on behalf of QR, LLC/Denver Quinnelly. During the meeting we
discussed the proffers for the Sovereign Village subdivision and what appears to be the last two
outstanding issues: the completion of Charming Drive and agreement on the Community Center. As
we discussed in the last meeting, it maybe best to consider each of these remaining items separately
because the project is complex with multiple property owners and proffers which do not prescribe a
specific timetable on the completion of the projects.
During the meeting, we confirmed another section of Charming Drive has been completed
and is ready to be dedicated. This is the portion that runs from the Arcadia development to the south,
into the Sovereign Village development and in the direction of Senseny Road. With the completion
of this section of road, there is now a public street connection between Senseny and Valley Mill. We
all recognize that road network completion is significant and it provides the connection that was a
desire of the developer and the County when the original proffers and rezoning were accepted.
During our meeting we also discussed what remains for the completion appears to be the last
two segments of Charming, mainly the piece that runs through the Bean property and immediately
en y un eve op an an e se—g—m-e-ni of rog W runs u
the middle of the commercial properties owned by Manning and Ross and Lynnhaven (John Scully).
We talked about those segments of roads and the fact that there remains a significant amount of
residential and commercial development value that lies on either side of those segments of Charming
Drive and all agreed that under the existing proffers, those two segments of Channing Drive will in
fact be completed. As always, the question has been timing for the completion, but we believe with
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Mr. Kris Tierney
June 2, 2006
Page 2
the connection that now exists between Senseny and Valley Mill, the pressure to immediately deliver
Charming is off.
QR and Manning and Ross are asking that the Deed of Dedication of the segment of
Charming that has been built be accepted by the County and with that the lots that adjoin be allowed
to be developed and built upon.
There appears to be quite a bit of history relating to the Community Center. As I understand
it, Manning and Ross had proposed a multiplex project on their property and had agreed to construct
Charming Drive as part of the orderly development of this new multiplex development. The
multiplex proposed would not exceed the total density allowed for the Manning and Ross section of
Sovereign Village. It was created to address a perceived demand for a different type of unit.
In response to a draft Master Plan that had been submitted to the County in furtherance of
this multiplex project, the County amended the ordinance dealing with open space and rec unit
requirements. Unfortunately, the text that was submitted had a flaw in it in that triggered a
recalculation of the open space requirements for the existing plans (including lots that had been sold
to third parties), placing an excessive and disproportionate rec unit requirement on this new
multiplex project.
At the meeting, Manning and Ross agreed it would be interested in reviving that multiplex
master plan and included specifics about the construction of the Community Center, as well as the
remainder of Charming Drive. There must be work done, however, on the rec unit requirement to
make this possible. I believe work can and should be done, but it will take a considerable amount of
time and, in the interim, the dedication for the portion of Charming that has been completed waits.
Accordingly, the landowners would recommend that we work with the County to revise the
ordinance or come up with some other accommodation with regard to the rec unit calculations, but
in the interim that the Deed of Dedication be accepted and the lots that front on the nearly completed
Channing Drive be allowed to be developed and built upon.
As always, I thank you for your assistance and cooperation. If you have any questions or
comments, please do not hesitate to give me a call.
Very
cc: Manning and Ross Builders
Benjamin M. Butler, Esquire
14JN GREENWAY ENGINEERING
%47 151 Windy Hill Lane
(rounded in 1971
Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Sovereig
File No: 2185
Date 12/13/05
Village Section Four
To: Frederick County From: Kurt Pennington/adf
Department of Planning
Attn: Candice Perkins, Planner II GREENWAY ENGINEERING
Phone: 540-662-4185
Copied File Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Candice,
Please find attached 2 copies of the revised plans, 1 comment response letter and agency
comments from the following: Virginia Department of Transportation, Frederick County
Sanitation Authority, Frederick County Inspections Department, Frederick County Fire Marshall,
Frederick County Public Works Department, Frederick County Parks and Recreation
Department, Winchester Regional Airport, Frederick County Department of GIS, Frederick
County Public Schools.
Feel free to contact me with any questions or concerns and as always we thank you for your time
in this matter.
Hand Delivery and Pick Ups Only:
Received By: Date:
rl**N GREENWAY El
151 Windy Hill Lane
%�P7 Winchester, Virginia 22602
Founded in 1971
December 13, 2005
Frederick County
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: Candice Perkins, Planner II
Re: Sovereign Village, Section Four Subdivision Design Plan
Comments
Dear Ms. Perkins:
We are in receipt of the comments dated December 10, 2004 and offer the following responses:
Comments from Frederick County Planning
Comment 1: Section Four Outline: Please increase font for the outline around section four in the overall
plan and key map in order to more clearly illustrate the boundaries of section four.
Response: Font size and outline boundary has been increased as requested.
Comment 2: Existing Trail: Please give details in regards to the existing trail that runs through outlot #1.
Response: Note has been added that the existing trail location and design are shown on the approved
Channing Drive Road Design Plans.
Comment 3: Section Two-C Lot #158: Please remove the building placement and BRL lines from lot
#158, which is a part of section Two-C of Sovereign Village. You may replace these with just a written
comment that this lot is a part of the aforementioned section.
Response: Building placement and BRL lines have been removed.
Comment 4: Street Lights: Please include details and placement for all streetlight required for the
intersection of Rossmann Boulevard and Canyon Road
Response: Streetlights have been added as required.
Please contact us at your convenience if you have any questions or to schedule a meeting if any of the
comments need further discussion. Thank you for your time in this matter.
Sincerely,
Greenway� Engineering
Kurt Pennington
Enclosures
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
File #2185/KP/dlm www.greenwayeng.com
REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if
you prefer to hand deliver this from.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of Channing Drive.
Va. Dept. of Transportation Comments:
The implication for subdivision of this property appears to have a measurable impact on Route 657,
Senseny Road, the VDOT facility which would provide access to the property. This section of street is
currently not in the State's Secondary Road System. All entrance design and drainage features must
meet State requirements if the street is to be eligible for acceptance. A complete set of construction
plan5 will be required for review. See attached letter from VDOT to Greenway Engineering dated April
21, 2005.
VDOT Signature and Date: c D
(NOTICE TO RESIDENT ENGINEER *PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to couplete this form as accurately as possible in order to assist the agency with
their review. Also, please attach two (2) copies of your application form, location map and all other
pertinent information.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
April 21, 2005
Mr. Kurt Pennington
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ref: Sovereign Village, Section 4
Off Route 657, Senseny Road (Access via Rossman Boulevard)
Frederick County
Dear Kurt:
JERRY A. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
This is to acknowledge receipt of your revised plans dated February 11, 2005 for the referenced
project. The plans appear satisfactory and are approved. Please advise the developer
accordingly. Please provide six (6) sets of approved construction plans with signed seal for
VDOT distribution.
I offer the following comments:
• A preconstruction conference be held by the engineer and/or developer with the attendance of
the contractor, various County agencies and VDOT prior to initiation of work.
• Materials used and method of construction shall apply to current observed VDOT Road &
Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such
that additional measures are warranted, such measures shall be completed to the satisfaction
of the Department prior to inclusion into the Secondary Road System.
• Attached is a copy of the minimum requirements and information needed prior to acceptance
of subdivision streets into the Secondary System. This is the responsibility of the developer.
• All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to
a pipe or drainage easement.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Q �2�UTP
APR 2 5 2005
By 21 g5
ft
Mr. Kurt Pennington
Ref: Sovereign Village, Section 4
April 20, 20025
Page #2
• The contractor shall notify VDOT when work is to begin or cease for any undetermined
length of time. VDOT will also require 48 hours notice for inspections.
• Since this phase does not directly access a VDOT facility, no VDOT land use permit will be
required. However, appropriate caution should be exercised at the point of access to VDOT
facility.
• If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be
between the edge of pavement and the front of mailbox as shown on the attached sketches
and VDOT Standard RFD-1.
• Private entrances will be installed in accordance with VDOT Standard CG--9D. This is the
developer's responsibility,
• Any entrances constructed from the referenced street(s) shall meet VDOT minimum
standards. This is the developer's responsibility.
• Any signs to be installed will be in accordance with attachments.
• I suggest any utilities and/or storm sewer placed within the proposed right-of-way be
backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of
any pavement settlement.
• A copy of any/all RECORDED PLATS of dedication to public use (the County of
Frederick) for drainage easements or additional right-of-way required for implementation of
this proposed project should be provided for VDOT review prior to issuance of any land use
permit.
Should you need additional information, do not hesitate to call.
Sincer
�R�r ,
Barry J. Sweitzer, Trans. Roadway Engineer
For: Lloyd A. Ingram, Transportation Engineer
BJS/rf
Attachments
xc: Mr. Bob Hawkins
Mr. Mark Cheran
A It
r
OR 6 2005
GREENWAY ENGINEERING
151 Windy all Lane
Fuunrted in ] 97I Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Sovereign Villas - Section 4
File No. 2185
Date 3/17/05
To: FCSA
Attn: John Whitacre
Copied File
❑ Urgent ® For Your Review
Message:
John,
From: Kurt Pennington/ad
GREENWAY ENGINEE RING
Phone: 540-662-4185
Fax: 540-722-9528
❑ As You Requested ❑ Please Comment
Please find attached 2 Copies per comments. If you have any questions please give me a call.
Y1,L5"L41— ,96f0R0 VZ70 4 5 /YO -,`1-S:9
/ / T�''r
- / SFT /--) ,Q/. TS
y LUUJ
Greenway Engineeri05
Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Inspections Department
ATTN: Building Official
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the
County Administration Building in Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Channing Drive.
Inspection Department Comments: r
Code Administrator Signature and Date:
of •x
(NOTICE TO INSPECTIONS DEPT P EASE RETURN THIS FO O APPL(CANT.)
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 you application form, location map and all other pertinent
information.
ECEIVE
DEC 2 7 2004
Dwellings shall comply with The Virginia Uniform statewide Building Code and The International
Residential 2000 Codes.
Backwater valves shall be installed on all plumbing fixtures ,(subject to back sewer), located
below the top elevation of the upstream man hole cover.
Lot# 22, 19, 18,13,12,11,10,9, and 8 may require additional engineering of foundations and site
due to fill material and slopes.
QUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick CountyFire Marshal
ATTN: Fire Marshal
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
The Frederick County Fire Marshal is located at I07 North Kent Street, 1st Floor of the County
Administration Building in Winchester, if you prefer to hand deliver this review_
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane _
Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Channing Drive.
Fire Marshal Continents:
Fire Marshal Signature and Date:
(NOTICE TO FIRE MARSHAL. *PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
=
-
Frederick County Fire and Rescue
Department
Office of the Fire Marshal.
Plan Review and Comments
Control number
Date received Date reviewed Date Revised
SD04-0024
12/13/2004 12/14/2004
Project Name
Applicant
Sovereign Village section 4
Greenway Engineering
Address
City State Zip Applicant Phone
151 Windy Hill Lane
Winchester VA 22602 540-662-4185
Type Application
Tax ID Number Fire District Rescue District
subdivision
65-A-39 18 18
Current Zoning
Election District
RP
Recommendations
Automatic Sprinkler System
Automatic Fire Alarm System Residential Sprinkler System
No
No No
Other recommendation
Requirements
Emergency Vehicle Access Hydrant Location Fire Lane Required
Adequate Adequate Yes
Siamese Location Roadway/Aisleway Width Special Hazards
Not Identified Adequate No
Emergency Vehicle Access Comments
Maintain access during all phases of construction
Access Comments
Additional Comments
Plan Approval Recommended Reviewed By Signature
Yes K Steudl
Title S .-
REQUEST FOR CONDITIONAL SUBIDVISION COMAMNTS
Frederick County Public Works Department
Attn: Director of Public Works/Engineering
1.07 North Kent Street, 4`h Floor
Winchester, Virginia 226DI
(540) 665-5643
The Frederick County Engineering Department is located at 107 North Kent Street, 4t' 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
Name of development and/or description of the request:
Sovereigg Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Chanting Drive.
Engineer Comments:
Signature and Date:
(NOTICE TO ENG
DEPT. *PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach two copies of your plans and/or application form., location map and all
other pertinent information.
JCT@ T 0 T M
DEC 2 0 2004
4/F'S
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 fibrm.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Charming Drive.
Parks and Recreation Department Comments:
Plan appears to meet open space requirements. Staff would recommend that
all tr3i is hp _fie--upl o i-d as bard ,,,rfare hi r3rl P jnedeStrian fpcilities
,_nrnviding the oppnrtunity to connect to future development. Also. wherever
the opportunityexists, staff recommends the dedication of 20' easements
for the future development of bicycle/pedestrian trails.
Parks Signature and Date. -
(NOTICE TO PARKS
RETURN THIS FORM TO APPLICANT.)
11/29/04
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
�I DEC 0 1 2004
REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Va. 22602
(540) 662-2422
The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand
deliverthis review form
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Channing Drive.
Winchester Regional Airport Comments:
Airport Signature and Date: R)cna r\k t 1 ) z1 K j0(4
(NOTICE TO AIRPORT *PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
fl DEC 1 0 7004
.,�Ak
SERVING THE
TOP OF VIRGINIA /
WINCHESTER REGIONAL AIRPORT
December 8, 2004
Kurt Pennington
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
Re: Subdivision Comment
Sovereign Village — Section Four
Red Bud Magisterial District
Dear Mr. Pennington:
The above referenced proposal has been reviewed and it appears that the
proposed site plan will not have an impact on operations at the Winchester
Regional Airport as the proposed development lies outside of the Airport's Part
77 surfaces and are not subject to special conditions.
Thank you for your cooperation and consideration in the continuing safe
operations of the Winchester Regional Airport.
Sincerely,
"5c t '-)
Serena R. Manuel
Executive Director
lIV1NL111V1NL Il J VDJJI V 1311J1N l.lJ1V11V1G1V
Frederick County Department of GIS U
�, sits r
Attn: Marcus Lemasters, GIS Manager
107 North Kent Street `l/
Winchester, Va. 22601 BY:
-
(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
151 Windy Hill Lane, Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
ChanninQ Drive.
GIS Department Comments:
G✓�-t-ems Ce �uaf- Grr� iilEv.occsGy �r°i°l�vaw� �5�►sa /�Es,�A-tl.�A .
t�.e�uni.�+�+'wl it/ts�.r,d.¢-r2a►�G eS�� i3��% .SLS�iGiyE�1,
NOV 2 4 2004
d'epts Aa 4
a
',_ S--,R
Frederick County Public Schools
Administrative Assistant to Visit us at www.frederick_k12va.us e-mail:
the Superintendent kapocsis®frederick k12.va.us
January 5, 2005
Mr. Kurt Pennington
Greenway Engineering
151 Windy HiiIl Lane
Winchester, VA 22602
Dear Mr. Pennington:
RE: Sovereign Village Section Four Project
This letter is in response to your request for comments concerning the rezoning application for
the proposed Sovereign Village Section Four Project. Based on the information provided, it is anticipated
that the proposed 23 single-family houses will yield 4 high school students, 3 middle school students, and
9 elementary school students for a total of 16 new students upon build -out.
Significant residential growth in Frederick County has resulted in the schools serving this area
having student enrollments exceeding the practical capacity for a school. The cumulative impact of this
project and others of similar nature (Haggerty Project, Abrams Point Project, Briarwood III Project, and
Fieldstone Heights) coupled with the number of approved, undeveloped residential lots in the area and
other projects in this area will necessitate a future construction site of 15 to 20 acres for the purpose of a
new elementary school facility to accommodate increased student enrollments.
The impact of this rezoning on current and future school needs should be considered during the
approval process.
Respectfully yours,
"hepocsiv-�'_�
Administrative Assistant to the Superintendent
SMK/dlar
cc: William C. Dean, Ph.D., Superintendent of Schools D JAN 1 0
1 0 205
340-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE 2MTAL AND PROVIDE THE DATE AND TNT- OF YOUR
APPROVAL.
rF TMSD0CU24fENTDOESNOTMEET YOURAPPROYAL PEFUSEP.ROYME
COMMENTSAS TO WMT YOU WOULD T- TO HAVE COMPLETED.
Il`WTTIAIS DATE & TIME
Candice
Susan
Eric
COhE4T,NTS:
Received by Clerical Staff (Date & Time):
It\ GREENWAY ENGINEERING
%47 151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Final Subdivision Plat for Sovereign Village Section 4
File No: 2185
Date 1.25.06
To: Frederick County Planning From: Kurt Pennington / GAD /
aks
Attn: Mark Cheran
Copied 1 final plat
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
® Courier ❑ Pick Up
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Mr. Cheran,
Please find enclosed 1Final Subdivision Plat for Sovereign Village Section 4 for advance review.
If you have any questions, please let me know.
Have a great day,
Kurt Pennington / Greg Dyke / aks
Hand Delivery and Pick Ups Only:
Received By: Date:
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street, Suite 202 • Winchester, Virginia. 22601-5000
Telephone: 540/665-5651 FAX:540/665-6395
FAX TRANSMISSION
Remarks:
Z42�c.P�.
Date: VXz-1C6
Number of Pages (including cover sheet)_
'/'� eileA-
From the desk of:
P, 1
Immediate TX Result Report ( Sep.25. z006 7:17AM ) * *
Fax Header)
File
Date Time Destination Mode TXtime Page Result User Name No.
----------------------------------------------------------------------------------------------------
Sep. 25. 7: 17AM 5407229528 G3TES> 0" 12" P. 1 OK 4579
# Batch M Memory L Send later @ . Forwarding
E ECM S Standard D Detail F Fine
Reduction * LAN —Fax + Delivery Q RX Notice Req.
A RX Notice
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
August 21, 2006
Greenway Engineering
Attention: Tung Niki Adhikusuma
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Lynnehaven, Section IV; Subdivision Design Plan, I't Review
Dear Mr. Adhikusuma:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Lynnehaven,
Section IV. Please address the following comments:
1. Increase the width of all sidewalks from four feet to five feet to conform to VDOT
standards.
2. On Sheet 1 of 21, please remove the expiration note under the Subdivision
Administrator's signature line.
3. On Sheet 8 of 21, change the right -side BRL for Lot 69 to read 35'.
4. On Sheet 8 of 21, merge the storm drainage easement with BRL on Lot 79.
5. On Sheet 8 of 21, there appears to be what looks like an additional lot at the rear of Lot
81. Please explain.
6. On Sheet 9 of 21, merge the BRLs with the storm sewer easements on Lots 94, 95, and
96.
7. On Sheets 8 and 9 of 21, please include a street light at the ends of Patterson Court and
Trevor Court.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Mr. Tung Niki Adhikusuma
Re: Lynnehaven, Section IV
August 21, 2006
Page 2
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. I have enclosed a
marked copy of the plans to assist with the revisions. If you have any questions, please feel free
to call.
Sincerely,
{ ' - � S'
S;e
Bernard S. Suchicital
Planner I
BSS/bad
Attachment
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date: 06/14/06 Application # Fee Paid
Applicant/Agent: Greenway En ing eering
Address: 151 Windy Hill Lane
Winchester, VA 22602
Phone: (540) 662-4185
J U N 1 4 2006
Owners Name: QR Development, LLC
Address: 36 Ricketts Drive
Winchester, VA 22601
Phone: (540) 662-4164
Please list names of all owners, principals and/or majority stockholders:
QR Development, LLC
Contact Person: Brett Kelly or Niki Adhikusuma
Phone: (540) 662-4185
Name of Subdivision: Lvnnehaven Section 4
Number of Lots: 31 Total Acreage 13.19
Property Location: 2000' North of Route 657 (Senseny Road), South of Route 1380
(Woodrow Road)
(Give State Rt. #, name, distance and direction from intersection)
Magisterial District Red Bud
Property Identification Number (PIN) 55-((A))-206, 208
Property zoning and present use: RP, Agricultural Undeveloped
Adjoining property zoning and use: RP, Single-Famly Detached
Has a Master Development Plan been submitted for this project?
If yes, has the final MDP been approved by the Board of Supervisors?
Yes ® No ❑
What was the MDP title? Channiniz Drive
Does the plat contain any changes from the approved MDP?
If yes, specify what changes: Road
models that of the revised MDP
Minimum Lot Size (smallest lot) 12000 sq. ft.
Number and types of housing units in this development:
Number 31
Types single family detached
August 21, 2006
Greenway Engineering
Attention: Tung Niki Adhikusuma
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Lynnehaven, Section IV; Subdivision Design Plan, lst Review
Dear Mr. Adhikusuma:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Lynnehaven,
Section IV. Please address the following comments:
1. Increase the width of all sidewalks from four feet to five feet to conform to VDOT
standards.
2. On Sheet 1 of 21, please remove the expiration note under the Subdivision
Administrator's signature line.
3. On Sheet 8 of 21, change the right -side BRL for Lot 69 to read 35'.
4. On Sheet 8 of 21, merge the storm drainage easement with BRL on Lot 79.
5. On Sheet 8 of 21, there appears to be what looks like an additional lot at the rear of Lot
81. Please explain.
6. On Sheet 9 of 21, merge the BRLs with the storm sewer easements on Lots 94, 95, and
96.
7. On Sheets 8 and 9 of 21, please include a street light at the ends of Patterson Court and
Trevor Court.
Mr. Tung Niki Adhikusuma
Re: Lynnehaven, Section IV
August 21, 2006
Page 2
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. I have enclosed a
marked copy of the plans to assist with the revisions. If you have any questions, please feel free
to call.
Sincerely,
Bernard S. Suchicital
Planner I
BSS/dlw
U.-WernardlSDP Reviews lLynnehaven&ction 41ynnehave IV SDP Ist review.doc
J U N 1 4 2006
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
July 16, 2004
Mr. Brett Kelly
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ref: Lynnhaven, Section Four
2000' North Route 657, Senseny Road at Route 1380, Woodrow Road
Frederick County
Dear Brett:
JERRY A. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
This is to acknowledge receipt of your revised plans dated June, 2004 for the referenced project.
The plans appear satisfactory and are approved. Please advise the developer accordingly. Please
provide five (5) sets of approved construction plans with signed seal for VDOT
distribution.
I offer the following comments:
• A preconstruction conference be held by the engineer and/or developer with the attendance of
the contractor, various County agencies and VDOT prior to initiation of work.
• Materials used and method of construction shall apply to current observed VDOT Road &
Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such
that additional measures are warranted, such measures shall be completed to the satisfaction
of the Department prior to inclusion into the Secondary Road System.
• Attached is a copy of the minimum requirements and information needed prior to acceptance
of subdivision streets into the Secondary System. This is the responsibility of the developer.
• All drainage is to be carried within the right-of-way in ditch line or gutters along the street to
a pipe or drainage easement.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Mr. Brett Kelly
Ref: Lynnehaven, Section Four
July 16, 2004
Nee #2
• The contractor shall notify VDOT when work is to begin or cease for any undetermined
length of time. VDOT will also require 48 hours notice for inspections.
• The appropriate land use permits shall be obtained before any work is performed on the
State's right-of-way. The permit is issued by this office and will require a minimum
processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector.
• If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be
between the edge of pavement and the front of mailbox as shown on the attached sketches
and VDOT Standard RFD 1.
• Private entrances will be installed in accordance with VDOT Standard CG-9D. This is the
developer's responsibility.
• Any entrances constructed from the referenced street(s) shall meet VDOT minimum
standards. This is the developer's responsibility.
• Any signs to be installed will be in accordance with attachments.
• I suggest any utilities and/or storm sewer placed within the proposed right-of-way be
backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of
any pavement settlement.
• A copy of any/all RECORDED PLATS of dedication to public use (the County of
Frederick) for drainage easements or additional right-of-way required for implementation of
this proposed project should be provided for VDOT review prior to issuance of any land use
permit.
• This approval is contingent upon traffic barriers on Route 1380 being in place until Channing
Drive is open to Route 659, Valley Mill Road.
Should you need additional information, do not hesitate to call.
Sincerel A`
Barry J. Sweitzer, Trans. Roadway Engineer
For: Lloyd A. Ingram, Transportation Engineer
BJS/rf
Attachments
xc: Mr. Dave Heironimus
Mr. Jeremy Camp
wJIL
�Gl
Control number
SD04-0012
Project Name
Lynnehaven Section 4
Address
151 Windy Hill Lane
Type Application
Subdivision
Current Zoning
RP
Automatic Sprinkler System
No
Other recommendation
Emergency Vehicle Access
Siamese Location
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Frederick County Fire and Rescue
Department
Office of the Fire Marshal JUN 1 4 2W6
Plan Review and Comments
Date received Date reviewed Date Revised
6/22/2004 7/2/2004
Applicant
Greenway Engineering
City State Zip Applicant Phone
Winchester VA 22602 540-662-4185
Tax ID Number Fire District Rescue District
55-A-206 & 208 18 18
Election District
Recommendations Red Bud
Automatic Fire Alarm System Residential Sprinkler System
No Yes
requirements
Hydrant Location
Roadway/Aisleway Width
Fire Lane Required
No
Special Hazards
No
Plan Approval Recommended Reviewed By Signature
Yes Timothy L. Welsh Title PLANS PROVE
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Inspections Department J U N 1 4 2006
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 Windv Hill Lane
Winchester, VA 22602 540-662-4185
Name of development and/or description of the request:
Lynnehaven Section Four
Location:
2000' North of Route 657 (Senseny Road), South off of Woodrow Road
Inspection Department Comments:
Code Administrator Signature and Date:
(NOTICE TO INSPECTIONS DEPT.
TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach 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 2000 Codes.
Backwater valves shall be installed on all plumbing fixtures ,(subject to back sewer), located
below the top elevation of the upstream man hole cover.
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Public Works Department
Attn: Director of Public Works/Engineering
107 North Kent Street, 4t'' Floor
Winchester, Virginia 22601
(540) 665-5643
The Frederick County Engineering Department is located at 107 North Kent Street, 4th Floor of the
County Administration Building in Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane, Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Lynnehaven Section Four
Location:
2000' North of Route 657 (Senseny Road), South off of Woodrow Road
Engineer Comments:
Signature and Date:
(NOTICE TO ENG
4-1�
G DEPT. *PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach two copies of your plans and/or application form, location map and all
other pertinent information.
lt\ GREENWAY ENGINEERING
%47 151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
C
SA
F "- rl�'
In
iiNOV
8 20U
TRANSMITTAL
Project Name: Lynnehaven Section Four
File No.: 2185R
Date: November 17, 2004
To: Frederick County Sanitation
Authority
Attn: Engineer Director
Copied:
From: Brett Kelly
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message: ) L� U LI L�
Please find atached: 1 NOV 2 9 7004
2 sets of revised subdivision design plans as per comments made. By
These plans show the revised scope of the Charming Drive trunk line that was submitted to your
agency earlier in the month.
Please feel free to contact either Niki Adhikusuma or myself if you have any questions.Thank you
for your assistance in this project.
Brett Kelly ,44
a�
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visuallink.com ,..
Brett Kelly
From: Marcus D. Lemasters [mlemaste@co.frederick.va.us]
Sent: Monday, February 07, 2005 2:41 PM
To: Brett Kelly
Subject: Lynnehaven road names - round two...
Brett,
Ok, we're fixed up on the Lynnehaven road names, and just to confirm
with you....
Walker Court replaces Pangborne Court
Patterson Court replaces Heath Court
I'll work up a hard copy Road Name Amendment Comment Sheet and send it
over to you for your records.
Thanks for all your help,
Marcus
Marcus D. Lemasters, Director
Frederick County Dept. of GIS
,�y 1 4 2006
1
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Parks and Recreation Dept.
J UN l 4 20
Attn: Director of Parks and Recreation
107 North Kent Street
Winchester, Va. 22601
(540)665-5678
The Frederick County Parks and Recreation Department is located on the second floor of the Frederick
County Administration Building, 107, North Kent Street, Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602 540-662-4185
Name of development and/or description of the request:
Lynnehaven Section Four
Location:
2000' North of Route 657 (Senseny Road), South off of Woodrow Road
Parks and Recreation Department Comments:
Plan appears to meet open space requirements
Parks Signature and Date:
(NOTICE TO PARKS *.
RETURN THIS FORM TO APPLICANT.)
6/30/04
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
Il .IUL 0 2 9004
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
J U N 1 4 2006
Please fill out the information as accurately as possible in order to assist the agency with their review.
Please attach application, fee, location map, and two (2) copies of the site plan with this sheet.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane, Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Lynnehaven Section Four
Location of property:
2000' North of Route 657 (Senseny Road), South of Route 1380 (Woodrow Road)
Planning and Development's Comments:
1
WINCHESTER REGIONAL AIRPORT
SERVING THE 491 AIRPORT ROAD
TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602
...... (540) 662 2422
July 26, 2004
Brett Kelly
Greenway Engineering JUN 1 4 2006
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Subdivision Comment
Lynnehaven Section Four
Red Bud Magisterial District
Dear Mr. Kelly:
The above proposal was reviewed and it appears that the proposed subdivision
plan will not impede operations at the Winchester Regional Airport.
This proposed site does lie within airspace of the Winchester Regional Airport
and residents in that area may experience noise from over flights of aircraft
departing to and from the northeast.
Thank you for your cooperation and consideration in the continuing safe
operations of the Winchester Regional Airport.
Sincerely,
Serena R. Manuel
Executive Director
I
ilden�s rl�i �,
C �
V �
4.F CP
Frederick County Public Schools
Administrative Assistant to Visit us at www1rederick.kl2va.us e-mail:
the Superintendent kapocsis@frederick.kl2va.us
August 30, 2004
Greenway Engineering
151 Windy Hill Lane
WinchesterVA22602
Attention: Mr. Brett Kelly
Dear Mr.Kelly:
RE: Lynnehaven Section Four
J l i �i 1 4 2006
This letter is in response to your request for comments on the proposed subdivision plan
for Lynnehaven Section Four, Senseny Road area. Frederick County Public Schools has no
additional comments at this time.
SMK/dkr
cc: William C. Dean, Ph.D.
Superintendent of Schools
Respectfully yours,
3-
Stephen M. Kapocsi
Administrative Assistant for the Superintendent
SEP 0 1 2004 Ip
Ly
540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890
/±N GREENWAY ENGINEERING
%47 151 Windy Hill Lane
Founded in 1971
Winchester, Virginia 22602 JUN 14 2006
T R A N S M I T T A L
Project Name: Lynnehaven Section 4
File No: 2185R
Date June 14, 2006
To: FC Planning From: Brett Kelly
Attn: Mark Cheran GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Dear Mark,
Please find attached:
2 copies of the Lynnehaven Section 4 subdivision plans for your review
1 copy of the subdivision application
1 copy of the Request for Subdivision Comments form
1 copy of the Frederick County agency approval letters.
If you should have any questions or concerns, please feel free to contact either Niki
Adhikusuma or myself.
Thanks,
Brett
Hand Delivery and Pick Ups Only:
Received By: Date:
Please Print Name:
Request for Master Development Plan Comments 4UG , 6 ?Qp,5
Frederick County Department of Public Works
Mail to: Hand deliver to:
Frederick County 4t Floor
Department of Public Works 107 N. Kent Street
107 N. Kent Street Winchester, VA
Winchester, VA 22601 (540) 665-5643
Please fill out the information as accurately as possible in order to assist the agency with their
review. Please attach three (3) copies of the MDP with the sheet.
Applicant's Name: Greenway Engineering
Address 151 Windy Hill Lane
Winchester, VA 22602
Phone Number 540-662-4185
Name of development and/or description of the request: Sovereign Village
Location of property: Senseny Road Route 657
Department of Public Works Comments:
COMMONWEALTH ®f VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
April 21, 2005
Mr..Kurt Pennington
C/O Grreenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ref.- Sovereign Village, Section 4
Off Route 657, Senseny Road (Access via Rossman Boulevard)
Frederick County
Dear Kurt:
JERRYA. COPP
RESIDENT ENGINEER
TEL(540)984-5600
FAX (540)9846607
This is to acknowledge receipt of your revised plans dated February 11, 2005 for the referenced
project. The plans appear satisfactory and are approved. Please advise the developer
accordingly. Please provide six (6) sets of approved construction plans with signed seal for
VDOT distribution.
I offer the following comments:
• A preconstnwtion conference be held by the engineer and/or developer with the attendance of
the contractor, various County agencies and VDOT prior to initiation of work.
• Materials used and method of construction shall apply to current observed VDOT Road &
Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such
that additional measures are warranted, such measures shall be completed to the satisfaction
of the Department prior to inclusion into the Secondary Road System.
e 'Attached is a copy of the minimum requirements and information needed prior to acceptance
of subdivision streets into the Secondary System.. This is the responsibility of the developer.
• All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to
a pipe or drainage easement.
VirginiaDOT.org
WE KEEP V.IRGINIA MOVING
Mr. Kurt Pennington
Ref. Sovereign Village, Section 4
April 20, 20025
Page #2
• The contractor shall notify VDOT when work is to begin or cease for any undetermined
length of time. VDOT will also require 48 hours notice for inspections.
• Since this phase does not directly access a VDOT facility, no VDOT land use permit will be
required. However, appropriate caution should be exercised at the point of access to VDOT
facility.
• If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be
between the edge of pavement and the front of mailbox as shown on the attached sketches
and VDOT Standard RFD-1.
• Private entrances will be installed in accordance with VDOT Standard CG-9D. This is the
developer's responsibility.
• Any entrances constructed from the referenced street(s) shall meet VDOT minimum
standards. This is the developer's responsibility.
• Any signs to be installed will be in accordance with attachments.
• I ' suggest any utilities and/or storm sewer placed within the proposed right-of-way be
backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of
any pavement settlement.
• A copy of any/all RECORDED PLATS of dedication to public use (the County of
Frederick) for drainage easements or additional right-of-way required for implementation of
this proposed project should be provided for VDOT review prior to issuance of any land use
permit.
Should you need additional information, do not hesitate to call.
Sincr
Barry J. Sweitzer, Trans. Roadway Engineer
For: Lloyd A. Ingram, Transportation Engineer
BJS/rf
Attachments
xc: Mr. Bob Hawkins
Mr. Mark Cheran
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
March 1, 2005
CERTIFIED MAIL
Ms. Madison
Manning & Ross
P.O. Box 27
Winchester, Virginia 22604
RE: Street Name Signs - Sovereign Village Subdivision
Frederick County, Virginia
Dear Ms. Madison:
I am sending you this letter as a follow-up to the email I sent you dated
Monday, December 6, 2004. That email was to inform you of an issue with a missing street name
sign (Godwin Court) as well as the issue with the other street name signs installed in the
subdivision. A copy of this email has been enclosed. To date, I am still receiving calls that the
street narne sign is missing.
At that time, I indicated that the county would be unable to reinstall Godwin Court as it
was not in compliance with Frederick County's specifications (which are in accordance with the
Virginia Department of Transportation's standards). Once again, I wish to inform you that
Frederick County will not replace this sign. Therefore, it is imperative that the sign be reinstalled
as soon as possible. Until such time, I will continue to direct all calls about this sign to your
office.
Please go to the following website to view the county's street name sign specifications as
well as the street name sign deficiencies in Sovereign Village:
http://commu11i.ty,websh.ot%.com/user/rsargent7677. Once you reach this site, please view the
links to Sovereign Village and Sign specifications.
107 North Kent Street - Winchester, Virginia 22601-5000
Sovereign Village Subdivision Street Name Signs
Page 2
March 1, 2005
In the event that your company decides not to bring these signs into compliance, the
county will not assume their maintenance in the event of theft or vandalism. Therefore it will be
necessary for your company to do the following: a street name sign maintenance plan shall be
submitted for the subdivision in accordance with the Code of Frederick County, Virginia, Chapter
144, Article V Design Standards, § 144-17. Streets. Consequently, you will be responsible for the
maintenance of the subdivision street name signs or the street name signs shall be dedicated to and
maintained by the homeowners' association.
Please contact me within ten (10) calendar days of receipt of this letter so that we may
resolve this issue. I may be reached Monday through Friday at 540-665-5643 (option 3) from
8:30 a.m. until 5:00 p.m.
Sincerely,
t'Y ir� r;
_,
Rhonda L. Sargent
Secretary III
Department of Public Works
rls
Enclosure: as stated
cc: Mark Cheran, Zoning and Subdivision Administratort.-
file
C:\Corel\\Word Perfect\Rhonda\Signdoes\NOTLTRS\SOvvILSIGNDEFICIENCIES.let
I n � MAR �
FPCOERICK COUNTY
PLANNIN C & UEVELOPM
Street sign issues - SGI'dit (Soverei-- ,
Subject: Street sign issues - Sovereign Village
Date: Mon, 06 Dec 2004 09:14:16 -0500
From: Rhonda Sargent <rsargent@co.frederick.va.us>
Organization: Frederick County Public Works
To: loismad@msn.com
Dear Ms. Madison:
I am sending you the link to the two (2) photo albums you need to
view that address the issues with the signs in the subject subdivision.
Also, I had a call from both your office and a citizen that the Godwin
Court sign is missing. I will be unable to reinstall this sign. If the
signs do not meet the county's manufacture and installation
specifications, the county will not be responsible for maintenance in
the event of theft or vandalism.
If you have questions related to the placement of street name signs at
intersections in conjunction with stop signs, please contact Eric
DeHaven of VDOT at 535-1818.
Here's the website, you need to view the Sovereign Village and Sign
Specifications albums.
http://community.webshots.com/user/rsargent7677
Rhonda
Name: rsargent.vef
nrsargent.vcf Type: VCard (text/a-veard)
Encoding: 7bit
Description: Card for Rhonda Sargent
1 of 1 I2/6/04 9.14 AM
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Public Works Department
FR !,
if!"rY
Pt r Attn: Director of Public Works/Engineering
107 North Kent Street, 4`h Floor
Winchester, Virginia 22601
(540) 665-5643
The Frederick County Engineering Department is located at 107 North Kent Street, 4"' Floor of the
County Administration Building is 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
Name of development and/or description of the request:
Sovereign Village Section Four
Location:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Charming Drive.
Engineer Comments:
Signature and Date:
(NOTICE TO ENG
DEPT. *PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach two copies of your plans and/or application form, location map and all
other pertinent information.
O l r
COUN o o Rpp
rK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
March 16, 2005
Mr. Greg Bancroft
Manning and Ross Builders
P.O. Box 27
Winchester, VA 22604
RE: Final Plats Sovereign Village Section 3-13
Dear Greg:
This letter is to confirm that the final plats for Sovereign Village Section 3-13, received by this office
on March 14, 2005, cannot be approved as submitted. As noted on Subdivision Design Plan 03-04
(Section 3, Sovereign Village), which was approved March 19, 2004, lot 39A cannot be subdivided
without revising the Master Development Plan (MDP) for Sovereign Village. This is noted on the
subdivision design plan and correspondence from Greenway Engineering dated March 15, 2004.
Therefore, I am returning the final plats and your check in the amount of $600.00. You will need to An
submit a revised Master Development Plan (MDP) and Subdivision Design Plan (SDP) to account
for these new lots.
Sincerely,
' War
'
4�k R."Chem
Zoning and Subdivision Administrator
cc: Richard Edens, Greenway Engineering, 151 Windy Hill Lane, Winchester, VA 22602
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
O
awy
COUNTYn
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
December 10, 2004
Greenway Engineering
Attention: Kurt Pennington
151 Windy Hill Lane
Winchester, VA 22602
RE: Sovereign Village, Section Four: Subdivision Design Plan Review
Dear Mr. Pennington:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Wakeland Manor, Phase7,
received by our office on November 24, 2004. Please address the following comments:
1) Section Four Outline: Please increase the font for the outline around section four in the overall plan
and key map in order to more clearly illustrate the boundaries of section four.
2) Existing Trail: Please give details in regards to the existing trail that runs through outlot 41.
3) Section Two-C Lot #158: Please remove the building placement, and the BRL lines from lot # 158,
which is part of section Two-C of Sovereign Village. You may replace these with just a written
comment that this lot is a part of the aforementioned section.
4) Streetlights: Please include details and placement for all streetlight required for the intersection of
Rossmann Boulevard and Canyon Road.
The application seeking approval is denied until the issues identified in this letter have been adequately
addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to
assist with the revisions. If you have any questions, please feel free to call.
Sincerely,
David M. Beniamino, Planner I
Attachment
cc: Manning & Ross Developers, PO Box 27, Winchester, VA 22604
DMB/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date: 11/ /04 Application #
Applicart/Agent: Greenway Engineering / Kurt Pennington
Address: 151 Windy Hill Lane
Winchester, VA 22602
Phone: 540-622-4185
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:
Dave Madison Greg Bancroft
Contact Person: Dave Madison
Phone: 540-723-9868
L5 C Q
24 ,�J
FREDERICK
,NNING & D
00
Fee Paid t0 �
Name of Subdivision: Sovereign Village - Section Four
Number of Lots: 23 Total Acreage 19.9426
Property Location: North of Senseny Road Rt 657) at the west intersection of Rossmann
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
Property zoning and present use: Agricultural/Vacant
Adjoining property zoning and use: RP/Res. & Vacant
Has a Master Development Plan been submitted for this project?
Yes ® No ❑
If yes, has the final MDP been approved by the Board of Supervisors?
Yes ® No ❑
What was the MDP title? Channing Drive
Does the plat contain any changes from the approved MDP?
Yes ❑ No
If yes, specify what changes:
MinimumLot Size (smallest lot) 12701
Number and types of housing units in this development:
Number 23
Types S F Detached Urban
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 willbe
co ple ri tote submission of my site plan.
Signature: '
Date:
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 delver to:
107 N. Kent Street
Fourth Floor
Winchester, VA
(540) 665-5651
DIE C E � W E
�M-V 2 4 2004
FREDERICK COUNTY
PLANNING & DEVELOPM
Please fill out the information as accurately as possible in order to assist the agency with their review.
Please attach application, fee, location map, and two (2) copies of the site plan with this sheet.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane, Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Sovereign Village Section 4
Location of property:
North of Senseny Road (Rt 657) at th west intersection of Rossman Boulevard and East of
Channina Drive.
Planningand Development's Comments:
�47
Founded in 1971
/JN
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
2 4 %ry04
FREDERICK COUNTY
PLANNING & DEVELOPM
T R A N S M I T T A L
Project Name: Sovereig
File No: 2185
Date 11/23/04
To: FC Planning
Attn: David Beniamino
Copied
Section Four
From: Kurt
Pennington/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
David,
Please find attached the following. for preliminary review:
-Subdivision Application
-Planning comment sheet
-1 copy of subdivision plan
-Application fee check for $3800
Please contact me with any questions or need for additional copies.
Greenway Engineering
Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
Document Approval Form
NOV 2 4 ' Imo/
FREDERICK COUNTY
PLANNING & DEVELOPMI
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.
Candice
� David
Mark
Susan
Eric
INITIALS
,..-P! tg
DATE & TIME
F:eceived by Clerical Staff (Date & Time): 25D G-
note: The Suhdivisiun/MM' plans associated
1111'. 111C are located in the lilt room.
SUBDIVISION #23-04 SOVEREIGN VILL. #4
RED BUD 23 Lots