Loading...
HomeMy WebLinkAbout03-04 Sovereigh Village No. 3 20 Lots Red Bud - BackfileA t Sljt d°,iision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: ---'VDOT P� l City of Winchester t-'GIS (Road Name JA Review) Sanitation Authority Health Department Inspections Department arks & Recreation !% Fire Marshal f County Engineer 2. ---"--'--One copy of the subdivision application 3 , lo Application received. �m Fee paid (amount: $ < Information entered in d-BASE and Reference Manual 2• ` 0 File given to Renee' to add to Application Action Summary r Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent 1 D XQ -7 Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment O Updated d-BASE and Reference Manual File given to Renee'- to update Application Action Summary Final plat(s) submitted with review agency signatures along with: ----- - Recorded deed of dedication Bond estimate (if required) $ O \Operations ManuaRsubdi vision.A Rmsed6/24102 40 CASH L� 003749 r RECEI pT Date i,,,eod ' Received rom Address ., > 1 Dofiars ACCOUNT• . - Ci AMT OF ! ACCOUNT ) CASH U _ AMT. PAID CHEO ByDUE BALANCE MONEY ORDER❑ C.� CREDIT CARD❑ 44 ft 040023123 THIS DEED OF DEDICATION, made and dated this 22" d day of July, 2004, by and between MANNING & ROSS DEVELOPERS, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Richard A. Edens, L.S., dated March 4, 2004 known as Sovereign Village, Section 3-A, attached hereto and by this reference made a part hereof as if set out in full, 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 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 a c c� 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 3A, lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Richard A. Edens, L.S., dated March 4, 2004 known as Sovereign Village, Section 3-A, attached hereto and by this reference made a part hereof as if set out in full, 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 3-A, 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 3A. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Section 1. "Association" shall mean and refer to Sovereign Village Homeowners Association, Inc., a nonstock Virginia Corporation, it successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space, 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. 2 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 11 Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in 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 all 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. 3 a 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 aright and easement of enjoyment in and to the "Common Areas", specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the `Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two -third (2/3 ) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance witWit ,e Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The DECLARANT hereby covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will convey fee simple title to the common open space (referred to herein above as the "Common Areas") to the Association, prior to the conveyance of the first of the Lots in said Subdivision to a grantee other than one which is wholly owned by the DECLARANT. 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 5 promoting the recreation, health, safety and welfare of the resident in the "Common Areas" of Sovereign Village Subdivision, including payment of all liability insurance premiums for said "Common Areas" and facilities within. Section 3. Basis and Maximum of Annual Assessments: Commencing January 1, 2003, the maximum annual assessment shall be $50.00 per year per Lot; (a) Thereafter, the maximum annual assessment per Lot may be increased above that 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 to 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 any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. u Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Ouorum for any Action Authority Under Sections 3 and 4: At the 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 ('/z) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. 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 of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape 7 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 ofthe assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. I lowever, 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. Faiiure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. 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: 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. 8 v C: No such dwelling shall exceed two stories above foundation line in height No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, in ground swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper or trailer shall be parked on any of said lots until such time as a home is build on such lot and thereafter, such recreation camper, trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 4. All homes shall have 1,900 square feet of living space except ranch homes, which shall have 1,500 square feet of living space. No split foyer, or modular or prefabricated homes shall be allowed. 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. 5. No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction other than brick, wood, stone, dryvit, or combination thereof, 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 last 12' x 50' which will be paved with concrete. 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. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, truck or other motor vehicles (other than automobiles, motorcycles, pickup trucks and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 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. 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 ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any home, except on the date of garbage pickup. 10 c:I 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. 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 exteriorpainting 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 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 IF such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, power, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. In the event of such assignment or transfer, the DECLARANT, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligation in this instrument reserved or given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the DECLARANT, its successors or assigns, and the said Architectural Committee, is so reserved to the end that the rights, powers, duties and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for the purpose of accepting said assignment; and such assignment may be made at such time as the DECLARANT, its successors or assigns, and the said Architectural Committee shall jointly determine. In the event that the DECLARANT fails to appoint an Architectural Committee, or if such Architectural Committee has formed but is later disbanded, theft 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 structure on said lot. 21. The DECLARANT herein reserves and shall have the right alone to waive any one or more ofthe restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right along to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 22. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 12 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 for the private use of the Lot owners of Sovereign Village, their successors, assigns and invitees. All lot owners shall be entitled to free passage over any sidewalks that are constructed and which run parallel with the streets in Sovereign Village, 2-13, 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 Drainnee Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said Storm Water Detention Easement, provided, however, that in the event the Association fails to maintain said easement, then, and in that event, 13 l:J 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, reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its reasonable predisturbance condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. Section 4. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and 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 V11I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, 14 r� conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of 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 those certain roadways designated as Bentpath Court, Rossman Boulevard and Farmington Boulevard on the aforesaid recorded plat of Sovereign Village Subdivision, Section 3-A. 15 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 sections, 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 Z. The additions authorized under this Article shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and the restrictions of the Declaration (amended as herein permitted) to such property. Section 3. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any of the added properties, and as are not inconsistent with the scheme of this Declaration. Except as hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add to the covenants established by this Declaration within the existing property. Section 4. The DECLARANT shall not be and is not bound to make or proceed with the addition of any of the proposed additional sections of Sovereign Village Subdivision. 16 c WITNESS the following signatures and seals: DECLARANT: Manning & Ross Developer LLC By: (SEAL) Davi8 R. Mai n, Member/Manager STATE OF VIRGINIA, CITY/COUNTY OF WINCBESTER, TO WIT: 1, Lo I b E• HU d15 tr1 a notary Public in and for the State and jurisdiction aforesaid do hereby certify that David R. Madison, Member/Manager of Manning & Ross Developers, LLC, whose names are signed to the foregoing Deed of Dedication dated the 22' day of July, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this Z 7eDday of July, 2004. My commission expires: IU .31- aces i �p Notary Public t= ,(1 1194 1a'DEED of Ded—So—gn Vdlage Sect 3A wpd 11M VICINITY MAP 1' = 2000' IN omac, SI TE �. GLEN qt 0 ss 0 1 c OD- HREENW EIGH S n•Y qpa d� APPROVALS: AREA TABULATION.• TOTAL LOT AREAS = 5.0470 AC TOTAL R/W AREA = 2.0774 AC TOTAL OPENSPACE 4.7620 AC Frederick Co. SanitationZrity Dote flue A SUBDIVIDED AREA = 12.8864 AC ORIGINAL AREA = 77.6756 AC Frederick Co. Subdivision Administrator Dote RESIDUE PARCEL 39 = 61.3699 AC RESIDUE PARCEL 39A - 3.4204 AC Va. Dept. of Tron portotion to REMAINING AREA = 64.7902 AC OWNER'S CERTIMAM THE SUBDIVISION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT Acknowledged before me AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, this 2S4h doy ofL� 2004. PROPRIETORS, AND TRUSTE IF ANY. , FOR MAN K 0 OPERS My Commission Expires: Ft- v'UG.T�ZC-Gi�BY ILL � DA td Notory SURVEYOR'S CERTIFICATE. I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS (r) A PORTION OF THE LAND CONVEYED TO MANNING & ROSS DEVELOPERS, LLC BY DEED DATED NOVEMBER 28, 2001 OF RECORD IN THE FREDERICK COUNTY CIRCUT COURT CLERKS OFFICE AS INSTRUMENT J010076381 AND (ii) A PORTION OF THE LAND CONVEYED TO MANNING & ROSS, LLC BY DEED DATED OCTOBER 1, 1999 OF RECORD IN SAID CLERK'S OFFICE IN DEED BOOK 948 AT PAGE 1760. MANNING & ROSS, LLC SUSEOUENTLY AMENDED ITS NAME TO MANNING & ROSS DEVELOPERS, LLC BY CERTIFICATE DULY ISSUED FROM THE STATE CORPORATION COMMISSION DATED JANUARY 71, 2007. 2QU 32 - RICHARD A. EDENS, L.S. PARENT TAX PARCEL IDENTIFICATION �) T.M. 65-(A) -39 61.9598 ACRES ZONE- RP USE: VACANT �) T.M. 65 - (A) -39A 75.7168 ACRES ZONE. • RP USE. VACANT FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION 3 - ARED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIASCALE: el N/A DATE: MARCH 4, 2004GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 2185 SHEET 1 OF 11 i Founded are 1971 www.greenwayeng.com PROFFER STATEMENT A MONETARY CONTRIBUTION IN THE AMOUNT OF SJ, 658.73 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMIT FOR EACH LOT PER THE APPROVED PROFFER STATEMENT. / I I r / KEY MAR 1" = 200' lob f I a� / X. / 1 RESIDUE OF TM 65-((A))-39 o OTHER LAND OF MANNING & ROSS DEVELOPERS, LLC o ZONE: RP, USE: VACANT WQ f _ INST NO. 010016381 O� � f QC o 26 25 i Lw 02� o SHEET 8 2 1 r J W^ , 2 r 4 �$ / 24 i {SHEET 3 SHEET 9 =a ` 3 f 0 RESIDUE OF \ 5 , SHEET 4 / 2 OTHER 165 (AND OF 17 / M/1NNGVG & ROSS OPAIOPERS, LL / 7 � I FUTURE SECTION 3-8 SFIE16 7 ZONE RP, USE. VACANT �t DB 948 PG 1760 15 t 014 r 13 SHEET 6fnT-7111r --- Jf ----- r OUTLOT B 6t SHEET 10 —r� / Rr �� SG-swy 200 0 200 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE PLmH oFGj�� SECRON CH RED BUD MAGISTERIAL DISTRICT - FREDERIC COUNTY, VIRGINIA RICHA� D A..EED^E_NS SCALE: 1" = 200' DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING 3I4-I04 151 WINDY HILL LANE 9� v��0 Engineers WINCHESTER, VA. 22602 d SUR Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www,greenwayeng.com 2185 SHEET 2 OF 11 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 725.00' 297.94' 295.65' 5 52'58'36" £ 23'32'48" C9 750.00' 308.22' 306.05' S 52'5836" £ 23'3246" CIO 750.00' 107.80' 10771' S 45'19'17' E 08'14'08" C11 750.00' 200.42' 199.82' S 57.05'40" E 15,18138" C12 280.00' 44747' 401.35' S 05'13'18" E 91'33'55" C14 775.00' 140.86' 140.66' S 593234" E 10'2449" C15 45.00' 66.84' 60.86, N 8YO6'45" E 85*06'11' C16 255.00' 40752' 365.52' N 05'13'18" W 91'33'55" C28 77500' 78.56' 7853' S 61'50'44" E 05'4B'30" C29 775.00' 62.29' 62.28' S 5638'19" E 04'36'19" C30 255.00' 21.56' 21.56' N 38'08'16" E 04'50'43" C31 255.00' 115.05' 114.08' N 22'4725" E 25*51'OJ" C32 255.00' 117.27' 116.24' 1 N 03'18'34" W 26'20'54" RESIDUE OF TM 75-((A))-39 OTHER LAND OF MANNING & ROSS DEVELOPERS, LLC ZONE. RP, USE. VACANT � • E 467.g4 C1 i- S 64'44'59 .�, cio 25' C9 FA_RM/NGTON_ BOULEVARD �=54- `E 4 C11 50' R/W 25' (15.62) 365.IRF \ `0 5' C14 53.80 311.67 0 b C29 C28 (6.74) 763"")�- s ( 1.N 14' WATERLINE ESM'T (6.44) 12 35' BRL J5' BRL o lzl"L U) e m LOT 2 0- LOT 1w 72381 SO FT W r 13736 Sq. FT. � 25' BRL OUTLOT A 25BRL SEE SHEET 9 121.48' y S 93.36' 14541703E 214.84' 141D f o c� ,, (TOTAL) 6' a L vn o KS (9.67) > �L 1C w d' {- . N LOT 3 A O1 o STY. DRAINAGE �n w m 12067 SO. FT. T- EASEMENT b � to �` s o r 8L a / 1 10 '0 E 49 5 438 10 < 20' LOT 4 m 12236 SO. FT / 25 �� ti 0 SEE SHEET 7 c� LOT 17 ' 14' WATERLINE \EASEMENT ,AO FINAL SUBDIVISION PLAT SO VEREI GN VI L LA GE SECTION 3 A LOT 5 SEE SHEET 4 50 0 50 GRAPHIC SCALE (IN FEET) FASFMFNT l /NF TAR/ F LINE BEARING DISTANCE L 1 N 84'5545" E 65.26' L2 S 01 *59 *59 " W 46.89' L3 S 53'J6 28" W 88.32' RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 DATE: MARCH 4 2004 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4165 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com LTH OIL �� R CN D A. EDENS a No.002550 3j4{o4- ��� SURv��O 2185 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C12 280.00' 44447' 401.35' S 05'13'18" E 4173355" C13 500.00' 114.61' 114.36' S 4426'16" E 13'07'59" C16 255.00' 407.52' T65.52' N 05'13'18" W 91'33'55" C 17 525.00' 5776' 57 75' N 4751 '05" W 06' 18 21 " C18 25.00' 20.94' 20.33' N 68*4128" W 47'59'08" C33 255.00' 11727' 1 16.24' N 29'39 28" W 26'20'54" C34 1 255.00' 1 36,37" 1 36.34' N 46'S5'OS" W 08'1020" 05 1 525.00" 1 15.10' 1 15.10" N 50-10.50" W 1 01-3852" C36 1 525.00' 1 42-68' 1 42.67' N 47-01 -39" W 1 04-3929" EASEMENT LINE TABLE LINE BEARING DISTANCE L4) S 86-25'07" E 43.55' L5 S 32-21.45" W 12-72" G1 LOT 4 SEE SHEET 3 / ,v �3a- SEE SHEET 7 4 '01, � LOT 5 12363 SO. FT.cj 4 J %O^ W ' 6RL ry/ h h 3 0 149�a � � C g f0' BRL ^•i w o ��2 LOT 6 m V204'9 SO FTC LQ 10' BRL �n S 38'5945" W 149 53' o OUTLOT A" SEE SHEET 6 SEE SHEET 11 25' 25' STM. DRAINAGE v N 40'3836" E 165-92' (56.28) EASEMENT w 1O' BRL LOT (L5) 12160 50. FT. \ �10 10' BRL N 28'4615 W <y - (8.26' 457) -� / 5=� 20' SAN. SEW. "-�`� 151 >4, ' � � � �• EASEMENT �--- 50 0 50 l LOT 8 GRAPHIC SCALE / SEE SHEET 5 / (IN FEET) l FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE �L�H °�°j� SECTION 3 - A RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS a SCALE: 1" = 50' 1 DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING 314l04- 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE. (540) 662-4185 FAX: (640) 722-9528 Founded in 1971 www-greenwayeng com 2185 SHEET 4 OF 11 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C9 5500' 271.14' 68.88' N 48'32'38" E 282'2720" C13 500.00' 11T.61' 114.36' S 4426'16" E 1X07'59" C37 55.00' 83.39' 75.63' N 49'14'59" W 86'52'07" C38 55.00' 43.94' 42.78' N 17'04'12" E 45'46'15" C39 55.00' 43.94' 42.78' N 62'50'27" E 45'46'15" C40 55.00' 62.91' 59.54' S 61'30'16" E 65732 21 " S7 LO; SEE 51 EASEMENT LINE TABLE I BEARING DISTANCE L6 S 3221 '45" W 10.91 ' L7 N 57'38"15" W 20 00' OUTLOT A SEE SHEET 9 IRF 0 mi v ' " • LOT 8 20' SAN. SEW. h 73931 50. FT. EASEMENT ��' ti/Q2074' —At'--RZ F b'Pl- "k �955 5.69' E S?yam STORM wi gR o JvL 8. 16 J ,O DRAINAGE A,s,4 EASEMENT ry sa•�Q 'I LOT m 3 R/� �i✓� 55' m 14931 SO. FT. h 20' SAN. SEW. SOO BRC 25' 55 EASEMENT `o?'q� Q N 61'l555" E (8.35) f GS9 60, Q f 35.00, L6) C40 �w �O &RL (2S, q9J (L7) h � J LOT 10 N J �� FT LOT 12 35' BRL 0 16531 SO. 1 e SEE SHEET 6 h CU ro h O LOT 11 12003 SO FT. ,� �� �� `J\ r o Z Z 25' BRL 25' BRL r� ____ _—_ —_--+ 0� 8193'—= r 15983'' 9883' i0 0 50 N 64'5852" W 340.59' OUTLOT 8 50' ROAD EFF. BUFFER GRAPHIC SCALE SEE SHEET 10 //AI CC'CTl FINAL SUBDIVISION PLAT SO VEREI GN VI L LA GE o ' pj LTH OF P SECTION 3 - A RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS a SCALE: i" = 50' 1 DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING 314�0� 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 q�d SUO Surveyors TELEPHONE: (540) 662-4185 FAX! (540) 722-9528 Founded in 1971 www.greenwayeng com 2185 SHEET 5 0F 11 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C72 280.00' 447.47' 407.35' S 05'13'18" E 91'33'55" C 13 500.00' 114.61 ' 1 14.36' S 4426' 16" E 13'0759" C19 55.00, 271.14' 68.88' N 48J2'JB- E 2822720" C20 25.00' 24. 08' 23. 16' S 17-49'27" E 55' 1 1 '30" C21 475.00' 46.30' 46.28' S 48'12'44" E 05'35'03" C22 305.00' 283.26' 273.18' S 24'23'56" E 53'12'39" C41 55.00' 36.96' 36.27' S 09'28 54 " E 38'30 23" 042 305.00' 48.6 1, 48.56' S 4626'17" E 09'07'57" C43 305.00' 1 62.72' 62.61' S 35'5850" £ 11'4656" LOT 15 SEE SHEET 7 EASEMENT LINE TABLE 8EAR/NG DISTANCE LE 7 N 57'38'15" W 20.00' L8 N 3271 45" E 23 74' zo `\595 M \49 7 \ 63'00 (21. 17' o� QD m h LOT 14 12357 SO. FT. f0 BRL ^ � V OUTLOT B Nam+ 42" E \ � SEE SHEET 10 157-85 1 I BRL m LOT 1J -4 \\� ° LT. 61 SO. F' BRL (9g37 1.37'`��, W �� r ,S 38-5945" W 158.35'.�' 27.27'12. _ j (6.69 i- SEWER R ESM 20 SA 40' STORM WATER EX. 20' DRAINAGE ESM7 DRAINAGE ' (D6 365, PG T O)- �- JESM'T • ; _ - t N 3d'59'45" E' y �r 175.00' i \ 10' BRL Z 1 m m 1201. LOT 12 v)o �\ m 12894 SO. fT. = SEE SHEET 4 i EX. 10' SAMSEW. ESM-T (D8 483, PG 360) HEREBY �+ VACATED I a on �-14zh I U Elk 25' � G SEE SHEET 5 Mtn o 10' BR� h� A S 38'59'45" W (L7) 83.85' L8 G Jam• 0 0 50 v� "W i i 15.61) S 61'155 SEE SHEET 5 LOT 11 35.00� V 20' SAN. SEW GRAPHIC SCALE IRFn n EASEMENT /N FEET ( ) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE o��p,LTH OF°f� SECTION 3 - A RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA Lo RICHARD A. EDENS y SCALE: 1" = 50' 1 DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING l 314-104- 151 WINDY HILL LANE IF Engineers WINCHESTER, VA. 22602 9�d SURv�' Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded an 1971 www.greenwayeng.com 2185 SHEET 6 OF 11 CURVE RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING DELTA ANGLE C5 225.00' 39,52' 39.47" 1 S 71'1329" E 10'03'48" C6 175.00' 30.74' 30.70' N 71'1329" W 10'0348" C12 280.00' 447.47' 401.35' S 05'13'18" E 91'3355" C22 305.00, 283.26' 273.18' S 24'2356" E 53'1239" C23 45.00' 61.62 • 55.92' S 37'0I '3O' E 78'2747" C44 305.00' 62.72' 62 61 ' S 24' 1 1 '53" E 11 '46 56" C45 305.00' 62. 72' 62.6 1' S 12"2457" E 11 *46 56' C46 305.00' 46.48' 46.43' S 02'09'32" E 08'43'53" LINE BEARING DISTANCE L9 N 14'10'40" W 203.06' L 10 N 66.1 135" W 78, 13' L11 S 4l'34'OS" W 42.18' if) ti �s 66, S6. �i. SEE SHEET 8 Qs fig• s, so O Qc� 9p. YpQ� 0' 1/13 ' (15.0' o p p � � 0h QG i G� � / .�'S �'• ' Fs J� o��\Q� 4Q J�QG 1�y�� 3S !moo p �r� j / �7 2.75 3" E / 0�i kti� 4p! a0 1G`Ly leSEE SHEET 3 LOT 17 /// (1827) 12778 S0. FT OIRF G / / CIL 20" STORM `/^ ` DRAINAGE £SM7. y j6iss 9' 20 N 3'28'j l L • . 10' ski 2.4- s gyp` 10' Q9 (30.08 i I LOT 16 0! rn 2s' T.M. 65 - ®A - 38 <so, 12020 SO. FT. � U c I WZON G. HIGH, £T VIR IRF / C ZONE R.4, USE DB 378 PG 577 ry96 ,y Y0' gRL G9 7 74.42' / D G �5bh h5 / 10' 8RL / � Zk' u , , SEE SHEET 4 / pry. N� LOT 15 14517 SO. FT 0 tom„ W 165.0 (2t.17) O 5 59.54 3S OUTLOT B N LOT 14 SEE SHEET 10 SEE SHEET 6 a+_ R• 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN V/ L LA GE SECTIONS - A RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: MARCH 4, 2004 GREENWAY ENGINEERING 151 WINDY HILL, LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE- (540) 662-4185 FAX: (540) 722-9528 Founded to 1971 www.greenwayeng.com o � p,LTH OF P f RICHARD A. EDENS a No.002550 •� 314-�04- � U l"j 85 SHEET 7 OF M CURVE RADIUS ARC LENGTH 1, CHORD LENGTH CHORD BEARING DELTA ANGLE 11 725.00' 297.94' 295.85' S 52'58'36" E 2373246" C5 175.00' 30.74' 3070' N 71'1329" W 10'01'48" C7 43.00' 66.54' 60. 10' S 8652'12" E 88'40'03" C8 43.00' 1.00' 1.00' S 4032'14" E 01'1957" C9 750.00' 308.22' 306.05' S 52'58'36" E 23'32'46" C10 750.00' f0780' 10771' S 45'19'17' E 08'14'08" C12 280.00' 447.47' 401.35' S 05'13'18" E 91'33'55" C24 45.00' 61.62' 56.92' S 64'30'43" W 782747" C25 305.00' 81.34' 81. 10' S 3255' 15 " W 15' 1649" C26 45.00' 66.84' 60.86' S 01'59 26' £ 85'06'1 1 " C27 775.00' 45.16' 45.15' S 42'5222' E 03'20'18" C47 305.00' 79.39' 79. 16' S 32'44'14' W 14'5448" C48 305.00' 1.95' 1.95' S 40'2239" W 00'22'07" C49 43.00' 1 1 00' 1 7.00' 1 S 41'52'12" E 1 01'1957" LINE I BEARING DISTANCE IRF L 12 S 28'3659" W 1 11.70' RESIDUE OF TM 65-((A))-39 7$OTHER LAND OF �'82 00 • C8 y5 63' MANN/NG do ROSS DEVELOPERS, LLC Q TO /iVTX. INST.J 0100 16381 S ��ONED. RP, USE: VACANT 2 N 48'4 4T E C49 - a1'7?'13" f ti ~ �- C7 50.02'lRF .00' 156.63, ------ 41-0 9S. p0. 63' S , N 50Rlw �1�A C9 < j (52.42) S)� 4.24' S .63, N 89'02'l3" W EgSEMC£ BgTE (3.80' 1$' 80 35 `T5 BRL 4i 6'C/ArE EgS£A�E'HT ��� ( ) ✓t o ra 3784" 35' 81?4 LOT 26 12763 S0. FT e I ^ m LOT 25 �+ h 15073 SO. FT. U ` ` (6.39) E o p L25 8R on loci 25' w 70' BRL 6 v=i a 0 1 S 49'48 22' £ 16C 7 1 ' C48 1 2 10q.81 4727' 172.84' 2 W 154.46 W. SAN. SEEASEMENT 15Ic'49.65'j1'35" � � N 6' o�o BRL 2 can S 65'23'48" E - D LOT r 6 40) h p W N 13 SO24. FT Q N RESIDUE OF TM 65-((A))-39A (31.71) OTHER LAND OF 35' 10 MANNING & ROSS DEVELOPERS LLC h 4rya FUTURE SECTION 3-B 76' 15 23" W 08 948, PG 1760 2.75 ZONED: RP, USE. VACANT 25 6 Z WATERLINE 56. C EASEMENT 50 0 50 j4 N 66 11 35 W 13, o >_ F11TUPSON Cl- _'. GRAPHIC SCALE THOM COURj r^�� \ (IN FEET) 50, R/w SEE SHEET 7 FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE O� �tN, H O�Lr� SECTION 3 - A �os�l RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA U RICHARD A. EDENS a SCALE: 1" = 50' DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 q�13 SURv�'�O Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Fn„raoa - 1Q71 www.areenwavenL,.com 21AR RHFFT A 11F 71 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C2 43.00' 70.99' 63.20' S 17'27'20" E 94'35'18" C13 50000' 114.61' 114.36' S 44'26'16" E 13'0759" C77 525.00' 57.78' 57.75' N 47*57'05" W 06'182 t" C35 525.00' 15.10, 15.10' N 50'10'50" W 01.38,52" LINE BEARING DISTANCE L 1 S 42'04'26" W 70.76' L2 N 51'00'15" W 40.65' L3 N 50' 13 20" W 69.23' L4 N 35'5637" W 49.58' L5 N 03'46'02" W 50.42' L6 N 22 2"'0" E 10.31' L7 S 54'17'OT E 70.58' LINE BEARING DISTANCE L 17 S 51'22 29" W 10.00' L18 S 73'46'15" E 28.28' L 19 S 15'0941 " E 2.3.94' '41 " E 8.09' L21 N 29'S0'19" E 20.00' L22 N 15'09'41 " W 18.31 ' L20 S 60'09 RESIDUE OF TM 65-((A))-39 OTHER LAND OF MANNING & ROSS DEVELOPERS, LLC INST.J 010016381 ZONE. RP, USE: VACANT EX. 20' DRAINAGE ESM'T INSTj 070017362 36547 HEREBY VACATED ,, 365.47. E 593 5 64.44 9 2/ S 25'15'01 " W 50 00' - FA I NG �4.65 15, w44 59 E -- 5 ' 53 5 64. C/L 20' SAN. SEWS ��- ^ EASEMENT LOT 1 �^ LOT 2 _ ,• ' L7 STORMWATER & WETLAND . SFE SHEET 3 a MANAGEMENT EASEMENT LOT 3 / !s N 41'29'36" W L4. , L3 ; ; 908 LOT 4 EE SHEE 4 3 LOT 5 I ILOT6Iyc \ EX. 10' SAN SEW ESM'T to h LOT DB 483, PG 380 0 �o \ HEREBY VACATED \14' WA T INC ' •. "' ESM T C3 ' - S � L2 j LOT 16 so, A, S 51'00'15" E C17 C73 95.79' 25 SEE SHEET 7--- 1 OUTLOT B \ LOT 10 I E£ SHEET 10 \ LOT f5 / 1 1�'� LOT 14 Sff SHEETS 100 0 100 LOT 13 LOT 72 ' LOT 11 / GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE ALTH OFGj� SECTION 3 - A RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS y SCALE: 1" = 100' 1 DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING 3�� 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 9�D SURv��O —$ Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded %n 1971 www.greenwaveng.com 2185 SHEET 9 OF 11 TO iry . n EX. 4YATERLIN ESM'T 13.75' /AfAT,/ O10 77362 (L22) th f1SEMENT (LIs (L21 Ul - (n 3 00') (L20 30 GAS PIPELINE o om Z ESM'T R INSTJ 01001736 '- c� 03 rn OUlLOT A J N 131894 SO. FT m OR 3.0279 ACRES _ EX. 10' STORMWATER & WETLAND -+ ATER((LINEINST//ESM'T \\MANAGEMENT EASEMENT r 010017362) \ t EX. 20' (L 17) RAINAGE ESM7 1' (L 1 B - (INST �g {, 010017362) 7 J' . 9g' Zo rJr LOT 8 o LOT 9 SEE SHEET 5 N W NO U N ' CURVE R4DIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C3 5774.58' 42.87' 42 87' N 66'42 56" W 00'25'31 " C4 5694.58' 26.93' 26.93' N 70'05'40" W 00'16,15" C50 5769.58' 91.33' 91.33' N 6744 50" W 00.54 25" 051 5769.58' 86.36' 86.36' N 69'48'04" W 00'51 27" C52 5689.58' 25.58' 25.58' N 70'06'04" W 00' 15 27" ROSS BL DWR 7 BOULEVARD INSTI ~� /L z 1 y a SEE SHEET 5 LOT 101 _ 01 N w / N i m' w LOT 11 w LOT 12 S 38'S9'45" W 175.00 40' STM. ORANNAG£- - - EASEMENT.' L, _ L (56 7) ---� S 27-27' iW (174- ). LINE BEARING DISTANCE L8 S 51'00'15" E 7099, L9 S 71'40'04" W 46.68' L 10 N 66'30' 1 1" W 5. 12' L 1 1 N 74-5045" W T715' L 12 N 74 50'45" W 39.03' L 13 N 62'30 29" W 52.81 ' L 14 N 62'3029" W 48,38' L15 N 73'0658" W 70.09' L 16 N 73'06'58" W 86.46' L 17 N 34'50'09" E 231 SO. FT HEREBY DEDICATED TO THE COMMONWEALTH OF VA 0. EX 20' DRAINAGE £SM'T '— (DB 365, PG 10) 14.05 01 38'59 45" E 156..35 EX. 10' SAN.SEW ESM'T (D8 483, PG 380) h I LOT 13 HEREBY VACATED 25 `o h I I (v N W v rn \ �� N � q0 V \LOT 14 0 z z LOT a 1.5 Sq. FT. N u N w\ OR 1.5707 ACRES , A LOT 15 `"-$' �''-°i- i 1117 SO. FT. HEREBY 50' ROAD EFF. DEDICATED TO THE BUFFER COMMONWEALTH OF VA 7 \ 83.47' 212.72' v C4 17 \\ IRF N 3450'09" E 296, 19' 1 T.M. 65 - �A - 38 � WANDA G. HIGH, ET VIR cmii ZONE.- RA, USE. RES. 08 378 PG 577 100 0 too GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE o� �p,LTH OF p SECTION 3 — A 0 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA 8r U RICHARD A. EDENS a SCALE: 1" = 100' DATE: MARCH 4, 2004 No.002550 GREENWAYYENGINEERING ,,,9 3t+jo4 o- LAN Engineers WINCHESTER, VA. 22602 SURvq, Surveyors 'TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2185 SHEET 10 OF 11 r 1. NO 77TLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2- THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER FEM4 F L R. M. COMMUNITY —PANEL 1510063 120 B, DATED JULY 17, 1—m. J. 20 LOTS SINGLE FAMILY DETACHED URBAN, RP ZONING, MINIMUM LOT SIZE 12,000 SO. FT. 4. SETBACKS ARE PER FREDERICK COUNTY ZONING ORDINANCE 165-65—C FRONT = 35' FROM STREET RIW REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 10' SLOPE, DRAINAGE AND UTILITY EASEMENT ALONG ALL - STREET RIGHT—OF—WAY LINES AND A 10' DRAINAGE AND U77LITY EASEMENT ALONG ALL 07HER PROPERTY LINES, (CENTERED ON SIDE LINES.) 6. THIS BOUNDARY IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. Z FIGURES IN PARENTHESES ( ) DENOTE EASEMENT DIMENSIONS. LEGEND BRL = BUILDING RESTRICTION LINE • = POINT (UNMONUMENTED) O = Y2" IRON REBAR & CAP SET OIRF = %2" IRON REBAR FOUND STORM SEWER/ DRAINAGE EASEMENT HEREBY DEDICATED SANITARY SEWER EASEMENT HEREBY DEDICATED ®WATERLINE EASEMENT HEREBY DEDICATED Fi2L'i)icRIC-K COUNW. SC i- I of wltuR ; wy, na,dua:d to me on .,.� ;.,;i,!, •., ,;t.:'„ •tt a..ianwlet!�etrcnt Ihcrew ann,xc� t;rtttc.! t., r: �.,cJ i ;n,pa•: 1 bg �«. `, ]-':U_ of SS.I-:itrt lt,t+c been p,tid. it asscstwd*t Qerk FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION 3 - A 'ED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: NIA I DATE: MARCH 4, 2004 GREENWAY ENGINEERING 151 IIINDY HILL LANE Engineers WINCHESTER, VA. 22802 Surveyors TELEPHONE: (540) 662-4186 FAX: (540) 722-9528 o�ALTH OF -M$� RI H A. EDENS a No.002550 l 3144W 'fi*D 11 OF 11 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 3-B Property Identification Number (PIN) #65-A- 39A RP (Residential Performance) Zoning District Dear Mr. Wyatt: This letter is to confirm that the plats for Sovereign Village Section 3-B have been approved. This phase calls for six (6) 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, OarR. Clfe Kan Zoning & Subdivision Administrator MRC/bad cc: Jane Anderson Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 I a n N U Z } J Q U W a U) 2 x 0 I, (Pi .I w z COMMONWEALTH OF VIRGINIA m n DC-18 (1/90) co �< o 0700-11099 THIS DEED OF DEDICATION, made and dated this 11 to day of March, 2005, by and between MANNING & ROSS DEVELOPERS, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Richard A. Edens, L.S., dated February 1, 2005 known as Sovereign Village, Section 3-B, attached hereto and by this reference made a part hereof as if set out in full, 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 Sovereign Village. The subdivision of said real estate, as it now appears on the aforesaid 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 1 I 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 3-B lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Richard A. Edens, L. S., dated February 1, 2005 known as Sovereign Village, Section 3-B, attached hereto and by this reference made a part hereof as if set out in full, 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 and Outlot D in Sovereign Village, Section 3-B, to Frederick County, Virginia (hereinafter sometimes referred to as "the County") for public use, which streets and Outlot D are dedicated hereby and are more particularly described by herein above referenced final subdivision plat of Sovereign Village, Section 3-B. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Section 1. "Association" shall mean and refer to Sovereign Village Homeowners Association, Inc., a nonstock Virginia Corporation, it successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space, driveway and access areas, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. 2 0 CD W 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 H Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in 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 Directors shall be appointed by the DECLARANT and serve until the first annual meeting following conveyance of all of the Lots in Sovereign Village Subdivision without the assignment 3 Co 0 Co .P- 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: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. (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 signedby Members entitled -to -cast _#wo 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 4 ar CY O` CA less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The DECLARANT hereby covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will convey fee simple title to the common open space (referred to herein above as the "Common Areas") to the Association, prior to the conveyance of the first of the Lots in said Subdivision to a grantee other than one which is wholly owned by the DECLARANT. 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 -"Comm -on Areas", specifically including-, but not limited -to anent 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 �1 CD Co Co rn to the use of and enjoyment of the Common Areas" for the maintenance of shrubbery and lawns, including the mowing of all lawns in the "Common Areas"; and further for the purpose of promoting the recreation, health, safety and welfare of the resident in the "Common Areas" of Sovereign Village Subdivision, including payment of all liability insurance premiums for said "Common Areas" and facilities within. Section 3. Basis and Maximum of Annual Assessments: Commencing January 1, 2003, the maximum annual assessment shall be $50.00 per year per Lot; (a) Thereafter, the maximum annual assessment per Lot may be increased above that 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 to 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 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, 0 O a CO v written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the 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 of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date -of delinquency at the rate of twelve percent (121/6) per-annum; and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action VJ Co 0 Co w shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to the Declaration shall be exempt from the assessments created herein; (a) the "Common Areas"; (b) all properties dedicated to and accepted by a local public authority; 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 t h e Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. 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. 8 CD 0 co 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 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 build on such lot and thereafter, such recreation camper, trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 4. All homes shall have 1,900 square feet of living space except ranch homes, which shall have 1,500 square feet of living space. No split foyer, or modular or prefabricated homes shall be allowed. 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. 5. No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction other than brick, wood, stone, dryvit, or combination thereof, 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 last 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 of any type, tractors, truck or other motor vehicles (other than automobiles, motorcycles, pickup trucks and 3/4 ton (or less) vans) shall be permitted on any Lot except 0 C__7 CD 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 for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 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. 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 ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. -No refuse or any container forsameshall be placed or siorea in wont or any nome, except on 10 co co 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. 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 director 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 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 11 l N such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, power, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. In the event of such assignment or transfer, the DECLARANT, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligation in this instrument reserved or given to and assumed by the DECLARANT, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the DECLARANT, its successors or assigns, and the said Architectural Committee, is so reserved to the end that the rights, powers, duties and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for the purpose of accepting said assignment; and such assignment may be made at such time as the DECLARANT, its successors or assigns, and the said Architectural Committee shall jointly determine. In the event that the DECLARANT fails to appoint an Architectural Committee, or if such Architectural Committee has formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect in the 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 structure on said lot. 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 affect 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 affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 12 ARTICLE VII EASEMENTS Section 1. Sewer and Water Easement: 0 co c. 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 for the private use of the Lot owners of Sovereign Village, their successors, assigns and invitees. All lot owners shall be entitled to free passage over any sidewalks that are constructed and which run parallel with the streets in Sovereign Village, 3-B, and over any sidewalks so constructed with regard to additional properties added as a part of Sovereign Village. All sidewalks shall be kept free of obstruction and provided further that all owners shall remove snow from the sidewalk that transverses their lot. Section 3. Surface Drainage Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick --shall-be-under-no- obligation tomaintain=said--Storm-W-aster-Detention Easement -provided; - - -� - however, that in the event the Association fails to maintain said easement, then, and in that event, 13 0 Co 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, reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its reasonable predisturbance condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. Section 4. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and 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 any proceeding at law or in equity, all restrictions, 14 co 0 cn conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of 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 those certain roadways designated as Murphy Court and Outlot Dori the -aforesaid recorded plat of Sovereign Village Subdivision, Section 3-B. 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 15 C} 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 sections, 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 a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and the restrictions of the Declaration (amended as herein permitted) to such property. Section 3. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any of the added properties, and as are not inconsistent with the scheme of this Declaration. Except as hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add to the covenants established by this Declaration within the existing property. Section 4. The DECLARANT shall not be and is not bound to make or proceed with - the addition of any of the proposed -additional -sections of Sovereign Village Subdivision. 16 rsegr.. CD WITNESS the following signatures and seals: o Manning & Ross Deve pers, LLC By: (SEAL) avid ad's . , ber/Manager r STATE OF VIRGINIA, CITY/COUNTY OF WINCHESTER, TO WIT: I Lq f 5 L %ICI d r 511(- a notary Public in and for the State and jurisdiction aforesaid do hereby certify that David R. Madison, Member/Manager of Manning & Ross. Developers, LLC, whose names are signed to the foregoing Deed of Dedication dated the: i Imo#, day of .Mar 05 have personally appeared before me and acknowledged the same in my State and jurisdic ion aforesaid. s l;li; AID ` "1; / "Given under my hand this I q lday of March, 2005. N 1, ;f My commission expires: /( - �31-a 0 0 S' Y 12195 \ AADEED of Dedication Sovereign Village Sect 3B.wpd Notary Public 17 VICINITY MAP 1' = 2" o SITE Lr , Gr sarr � c o ss� m HEIGHTS ODns@ cq APPROVALS: AREA TABULATIONTOTAL LOT AREAS = 1.9880 AC. TOTAL R/W AREA = 0.4790 AC. Frederick C . Sanitotio Authority Date - TOTAL OPENSPACE - 0.4019 AC. JuL SUBDIVIDED AREA = 2.8688 AC. '�ez� EXISTING AREA = 3.4204 AC. Fr Brick Co. Subdivi ion Administrator Date LESS SUBDIVIDED AREA =-2.8688 AC. RESIDUE PARCEL 39A = 0.5515 AC. (q�Dejh. of Transp rt tion Date OWNER'S CERTIFICATE.• THE SUBDIVISION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT Acknowledged before me AND IN ACCORDANCE WITH THE DESIRES /� OF THE UNDERSIGNED OWNERS, this)�day of CA 2005. .,PR6PPIET0RS, AND TRUSTEES, IF ANY. f'1"fNi & RD EVELOP S, LLC My Commission Expires: r• Y ,oBJ-Is v5_ c� DATE Notary!OR'S CERTIFICATE.• 5 y r°.�_ I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO MANNING & ROSS, LLC BY DEED DATED OCTOBER 1, 1999 OF RECORD IN THE FREDERICK COUNTY CLERK'S OFFICE IN DEED BOOK 948 AT PAGE 1760. MANNING & ROSS, LLC SUSEQUENTLY AMENDED ITS NAME TO MANNING & ROSS DEVELOPERS, LLC BY CERTIFICATE DULY ISSUED FROM THE STATE CORPORATION COMMISSION DATED JANUARY 11, 2001. Dg.gi RICHARD A. EDENS, L.S. PARENT TAX PARCEL IDENTIFICATION T.M. 65- ((A)) -39A 3.4204 ACRES ZONE.- RP USE. VACANT FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE OF �r ��p,LTH �S SECTION 3-B° - RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS a No.002550 SCALE: N/A DATE: FEBRUARY 1, 2005 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 1%4� Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 2185 SHEET 1 OF 6 I Founded in. 1971 www.greenwayeng.com KEY MAP SCALE.- 1 "= 200' r I / / / / I r / I / I / FUTURE ( )) 39 DEVELOPMENT TM 65 OTHER LAND OF /J�e Q2 i MANNING & ROSS DEVELOPERS, LLC ZONE.- RP, USE.- VACANT INST. NO. 0100 16381 ! � , 2s B9OUL-EV5rV ( o 25 SECTION 3-A ' / 2 p�r k, r OUTLOT A N a ciO � 23 24 SOVEREIGN VILLAGE - SEC. 3-A I ► Z^ o / 22 4 SHEET �� 3, INST. N0. 040023123 I I o SHEET ` 02 t� C 4 _ I &' o COURT �`\ o MURPNY 5 LLI 17 l 8 7 /l 8 \\ / O 20 19 18 16 'C 9 I I� J,/ 2 SHEET 4 SHEET SECTION/ 3-A 14 13 / 10 i IV 12 11 � OUTLOT B - _�/ zco 651 00 PROFFER STATEMENT.• A MONETARY CONTRIBUTION IN THE PAID TO THE TREASURER OF FREDERICK INITIAL BUILDING PERMIT FOR EACH LOT 200 0 200 GRAPHIC SCALE (IN FEET) AMOUNT OF .$'3, 658.73 PER LOT SHALL BE COUNTY PRIOR TO THE ISSUANCE OF THE PER THE APPROVED PROFFER STATEMENT. FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECPON 3-B RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1"= 200' 1 DATE: FEBRUARY 1, 2005 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com �71 NI TH of Cl RI HARD A. EDENS No.002550 SHEET 2 0 0 IRF o °N' LOT 21 SEE SHEET 4 N T.M. 65 - OA - 36 JOHN A. FIBER, ET UX 3 :::6..•.•,•,•, 3¢.49'14 " E ZONE. RA USE RES 719.95, DB 938 PG 163710, o m LOT 20 s ::': 25' •:•: 12088 SQ. FT.73 ��• IRF .::..... •�:.:.•.•.•� 10 BRL c� :• W N 23'48 25 E T.M. 65 - OA - 37 .::..•.•Q -- 174.82' -- RICHARD F. GILES, ET UX f 0' BRL ZONE. RA USE. RES DB 301 PG 217 `.'.'.'• LOT 19 12311 SQ. FT. O ::•.. 10' BRL N 23'4825" E 175.71 ' -- -"� `.•:•:•:•'• •'•'•'•:: 10' BRL T.M. 65 - 38 : o'{::C(:'• N LOT 18 WANDA ✓. HIGH, ET VIR 2 12286 SO. FT. ZONE. RA USE. RES DB 378 PG 577 ;; 20'' :. 10' BRL (36.09') S 23'48'25" W (20.90) 175.30' LOT 17 SOVEREIGN VILLAGE - SEC. 3-A --- INST N0. 640023123 LOT 16 \ 50 0 GRAPHIC SCALE (IN FEET) MEP gt PP 0 R101N G 946, 08 S 23'4825" W ' 30.00 I ARC= (3.97) CV, 25' i i VE 123 PR O o• 040023 5� NOTE.• SEE SHEET 5 FOR LINE DATA. SEE SHEET 6 FOR CURVE DATA, LEGEND, AND NOTES. FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION 3-8 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 DATE: FEBRUARY 1, 2005 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 :,,7 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 ,Founded in 1971 www.greenwayeng.com 0F� r RICHARD A. EDENS y No.002550 ilzD SURv 2185 0 O 0 i'V CD KEY TO ADJOINING PROPERTY OWNERS l O1 T.M. 65 - OA - 34 STEPHEN. D. PARSONS ZONE. RA, USE. RES DB 930 PG 1000 O2 T.M. 65 - AO - 36 SOVEREIGN VILLAGE - SEC. 3-A INST. NO. 040023123 OUTLOT C / S 66' 11 '35" E 154. 46I JOHN A. FIBER, ET UX 49.65 7 p 17 �u ZONE.- RA, USE.- RES / •� � ' ' ' ' ' 34.65' DB 938 PG 1637 . h .........w': �b (b1.:'�^; 25' BRL 6lb �z PEDESTRIAN IRF o TRAIL EASEMENT : f ' 0 `O h AREA /'•l�,� .: N W LOT 22 W 'S O 18930 SQ. FT oQ '41. / (b`� �. y� oo O: • ... . WA III ��p• : •Y..' �oi� : 15' 1 V � • f: LOT 26 35' BRL ' I ARC = MURPW COURT . . ;:; r :20' SAN. SEW (10.06)- �' : E,4SEME9 ' 50' R/W ' �� � ' ' ' • � •E 1 • 25 ARC= S 23'4825" W (20.89) 30.00' "' .''."W pG� ��..;, E3 5ss. / � 00�°� IRF s• �s P ° Gc' LOT 21 m 17709 SQ. FT. o 25' BRL 121.49' N 65'18'42" W 129.07' IRF 105.56' 48 25' N 66' 11 '35" W 229.48' of = LOT 20 SEE SHEET 3 NOTE.- SEE SHEET 5 FOR LINE DATA. SEE SHEET 6 FOR CURVE DATA, LEGEND, AND NOTES. 43.92' 81.08' N 66'31 '39 " W 125.00' 0 FINAL SUBDIVISION PLAT ll SOVEREIGN VILLAGE IRF 50 0 50 GRAPHIC SCALE (IN FEET) SECTION 3-B RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 1, 2005 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com OIF r RICHARD A. EDENS No.002550 218 C) O N A SOVEREIGN VILLAGE - SEC. 3-A INST. No. 040023123 LOT 25 1 LOT 25 S 66.11 35 E 1j961, LOT 22 SEE SHEET 4 S 49'48 22" E 4 46' '34 65' 47.27' -_ 0 25' BRL m 23 mc� Z LOT 0 z 13273 SQ. FT zo -i N o w •0� � � N� m wn � w D o ; 35 sRL L2 SEMENT C� WATERLINE 2556 15, .00 G 123.92 229.48 48, 229. O N In 66' 11'35„ W 50' N R�W � YH COURT MUR N -" FASFAAFNT l INF DATA LINE BEARING DISTANCE E1 N 66' 11 '35'_ W 15.92' E2 S 23'4825" W 20.00' E3 S 66' 11 '35 " E 15.92' NOTE. - SEE SHEET 6 FOR CURVE DATA, LEGEND, AND NOTES. 0 50 0 50 GRAPHIC SCALE (IN FEET) l INF DATA LINE BEARING DISTANCE L 1 N 76' 15'23" W 2.75' L2 S 76' 15'23" E 2.75' L3 N 76' 15 23" W 2.75' FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION 3-8 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 1, 2005 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 :...7. lSurveyors TELEPHONE: (540) 662-4185 sl�FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com � �NLTH of " r O � RICHARD A. EDENS No.002550 0 85 SHEET 5 OF 6 LEGEND: BRL = BUILDING RESTRICTION LINE POINT (UNMONUMENTED) O = X " IRON REBAR & CAP SET (UNLESS OTHERWISE NOTED) IRF X" IRON REBAR FOUND STORM SEWER/ PEDESTRIAN El DRAINAGE EASEMENT TRAIL EASEMENT HEREBY DEDICATED HEREBY DEDICATED SANITARY SEWER EASEMENT HEREBY DEDICATED ElWATERLINE EASEMENT HEREBY DEDICATED CURVE DATA CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 225.00' 39.52' 39.47' N 71 ' 13'29" W 10'03'48" C2 25.00' 8.12' 8.08' S 7529'42" E 18'36'13" C3 25.00' 24.84' 23.83' N 66'4438" E 5655'08" C4 55.00, 83.07' 75.40' N 81'33'09" E 86'32'10" C5 55.00' 106.77' 90.78' S 00'26'03" W 111113'38" C6 55. 00 , 55. 44' 53.13' S 845539 " W 57'4533" C7 175.00' 30.74' 30.70' S 7V 13'29" E 10*03'48" C8 875.00' 85.83' 85.80' N 62' 18' 12" E 05'37' 14 " C9 1045.00' 165.35' 165.18, N 60'34'50" E 09'03'57" C10 1045.00' 132.26' 132.17' N 5225'20" E 07'15'05" C11 1000.00' 219.33' 218.900 N 55'04'48" E 12'34'01" C 12 200.00' 35.13' 35.08' N 71 ' 13'29 " W 10'03'48" NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. TIYE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER FEMA F.I. R. M. COMMUNITY -PANEL 1151006J 120 B, DATED JULY 17, 1978. J. 6 LOTS SINGLE FAMILY DETACHED URBAN, RP ZONING, MINIMUM LOT SIZE 12,000 SQ. FT. 4. SETBACKS ARE PER FREDERICK COUNTY ZONING ORDINANCE 165-65-C FRONT = 35' FROM STATE R/W REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 10' SLOPE, DRAINAGE AND UTILITY EASEMENT ALONG ALL STREET RIGHT-OF-WAY LINES AND A 10' DRAINAGE AND UTILITY EASEMENT ALONG ALL OTHER PROPERTY LINES, (CENTERED ON SIDE LINES.) 6. THIS BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 7. FIGURES IN PARENTHESES O DENOTE EASEMENT DIMENSIONS. FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE 'NLTH 0 SECTION 3-B o "� RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA t, RICHARD A. EDENS SCALE: N/A DATE: FEBRUARY 1, 2005 No.002550 GREENWAY ENGINEERING z -05 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 ���'j� Surveyors TELEPHONE: (540) 662-4185 SURD FAX: (540) 722-9528 ,Founded in 1971 www.greenwayeng.com 2185. SHEET 6 OF 6 0 0 tv VIRGINIA: FREDERICK COUNTY.5CT. This instrument of writing was produced to me on 7//20107 at 9:a3AM and with certificate acknowled<ucment thereto annexed was admitted to record. Tax imposed by S;c. 58.1.802 of S ��Q , and 58.1-801 have been paid, if assessable. 4e,e4 , Clerk I THIS DEED OF DEDICATION, made and dated this 22"d day of July, 2004, by and between MANNING & ROSS DEVELOPERS, LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FREDERICK COUNTY VIRGINIA, party of the second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Richard A. Edens, L.S., dated March 4, 2004 known as Sovereign Village, Section 3-A, attached hereto and by this reference made a part hereof as if set out in full, 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 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 R 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 3A, lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Richard A. Edens, L.S., dated March 4, 2004 known as Sovereign Village, Section 3-A, attached hereto and by this reference made a part hereof as if set out in full, 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 3-A, 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 3A. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Section 1. "Association" shall mean and refer to Sovereign Village Homeowners Association, Inc., a nonstock Virginia Corporation, it successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space, 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. 2 W fi 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 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 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 all 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. 3 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: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two -third (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. 4 Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The DECLARANT hereby covenants for its heirs and assigns, that Manning & Ross Developers, LLC, will convey fee simple title to the common open space (referred to herein above as the "Common Areas") to the Association, prior to the conveyance of the first of the Lots in said Subdivision to a grantee other than one which is wholly owned by the DECLARANT. 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 5 promoting the recreation, health, safety and welfare of the resident in the "Common Areas" of Sovereign Village Subdivision, including payment of all liability insurance premiums for said "Common Areas" and facilities within. Section 3. Basis and Maximum of Annual Assessments: Commencing January 1, 2003, the maximum annual assessment shall be $50.00 per year per Lot; (a) Thereafter, the maximum annual assessment per Lot may be increased above that 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 to 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 any such assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the 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 of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape 7 01" 04 1 La liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to the Declaration shall be exempt from the assessments created herein; (a) the "Common Areas"; (b) all properties dedicated to and accepted by a local public authority; 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 t h e Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The County of Frederick Zoning Ordinance is by this reference made a part hereof as if set out in full. 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. 8 it it 9, 6 2004 COUN-15' No such dwelling shall exceed two stories above foundation line in height. No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, in ground swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper or trailer shall be parked on any of said lots until such time as a home is build on such lot and thereafter, such recreation camper, trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 4. All homes shall have 1,900 square feet of living space except ranch homes, which shall have 1,500 square feet of living space. No split foyer, or modular or prefabricated homes shall be allowed. 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. 5. No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction other than brick, wood, stone, dryvit, or combination thereof, 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 last 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 of any type, tractors, truck or other motor vehicles (other than automobiles, motorcycles, pickup trucks and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. 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 for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 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. 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 ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any home, except on the date of garbage pickup. 10 y�\��^d���� � � � � �` � \ . n R } § \\2& ' . : � &p� y \ .: .Am* \ � .y.>. . . \�g�¥��� ��/�.�� \ 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. 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 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 assigded 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 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 structure on said lot. 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 affect 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 affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 12 \ � ��� .. �.j \ :�� /� \\� ~ ~> � � ��§ �� . \ <���+ \ �y���/�,� \ 2�� �� . 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 for the private use of the Lot owners of Sovereign Village, their successors, assigns and invitees. All lot owners shall be entitled to free passage over any sidewalks that are constructed and which run parallel with the streets in Sovereign Village, 2-B, and over any sidewalks so constructed with regard to additional properties added as a part of Sovereign Village. All sidewalks shall be kept free of obstruction and provided further that all owners shall remove snow from the sidewalk that transverses their lot. Section 3. Surface Drainage Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said Storm Water Detention Easement, provided, however, that in the event the Association fails to maintain said easement, then, and in that event, 13 0 P; ne�,��;�`^ ���,`� s � �, t, �� � "Y1. rs` �\ 1� 9, 6 2��� FH r�,�l� 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, reserves a blanket easement and right on, over and under the ground within said Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its reasonable predisturbance condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. Section 4. Reservations: The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and 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 any proceeding at law or in equity, all restrictions, 14 d � � `\� A`�r T l^ conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of 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 those certain roadways designated as Bentpath Court, Rossman Boulevard and Farmington Boulevard on the aforesaid recorded plat of Sovereign Village Subdivision, Section 3-A. 15 �: t m, � .�� � ,., uk„y� c�'� � � f!".� 4 1 � �S �y 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 sections, 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 a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and the restrictions of the Declaration (amended as herein permitted) to such property. Section 3. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any of the added properties, and as are not inconsistent with the scheme of this Declaration. Except as hereinafter permitted, such Supplementary Declaration shall not revoke, modify or add to the covenants established by this Declaration within the existing property. Section 4. The DECLARANT shall not be and is not bound to make or proceed with the addition of any of the proposed additional sections of Sovereign Village Subdivision. 16 WITNESS the following signatures and seals: DECLARANT: Manning & Ross Developers, LLC ,(SEAL) David R. Madison, Member/Manager STATE OF VIRGINIA, CITY/COUNTY OF WINCHESTER, TO WIT: I, a notary Public in and for the State and jurisdiction aforesaid do hereby certify that David R. Madison, Member/Manager of Manning & Ross Developers, LLC, whose names are signed to the foregoing Deed of Dedication dated the 22nd day of July, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this My commission expires:_ 1194MADEED of Dedication Sovereign Village Sect 3A.wpd day of July, 2004. Notary Public 17 I ell /t\ GREENWAY ENGINEERING JUN ' 9 t J7 1047 151 Windy Hill Lane Founded in 19;1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Sovereign Village Section 3 Subdivision Design Plan File No: 2185 Date June 19, 2007 To: FC Planning From: Evan Wyatt/ 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: Hi Mark, Please find attached a copy of the Section 3 Subdivison Design Plan set and all review agency comments associated with this plan as requested. As we discussed, all agencies had approved the design for this entire section and Patrick Davenport's main concern was the approval of the cul-de-sac prior to the approval of a revised MDP. Therefore, it seems that this can all be accomplished during the meeting in which the MDP, Channing Drive R/W Plat, and Section 313 and Section 4 Plats are signed by the County and property owners. Please review information and advise me if you have any questions or if you need anything else at this time. I will see you on Friday at 11:00 AM to go through everything. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 19, 2004 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Sovereign Village Section III A: Subdivision Design Plan Dear Kurt: This letter is to confirm that the Subdivision Design Plan for Sovereign Village Section III A has been approved. Today, Mr. Greg Bancroft was contacted to collect one copy of the plans for your records and distribution. It is now appropriate to submit the final plats for this subdivision. In addition to the information provided on the approved design plan, the plats must include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. An appropriate guarantee must also be provided covering any remaining work in this subdivision. If you have any questions, please feel free to call. Sincerely, PW" Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad cc: Manning and Ross Developers, Greg Bancroft 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 12, 2004 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Sovereign Village Section III: Subdivision Design Plan- Review Dear Kurt: I have had the opportunity to review the subdivision design plan (SDP) for Sovereign Village Section III received on March 3, 2004, I offer the following comments: 1. The vicinity map needs to show other existing lots (Lynnehaven) within the Channing Drive Master Plan. 2. The development summary needs to tabulate all development summary to date, including Lynnehaven Subdivision. This tabulation requirement will apply to all future developments within the Channing Drive Master Plan. 3. Sheet 3 of 18 illustrates an "Outlot C" containing 5.16 acres. Provide a note as to the future intent of this open space. The area tabulation needs to reflect the future status. I have provided a sample clarification to assist you. 4. Merge the building restriction lines with the easement lines along Lots 7, 8, and 9 as indicated. 5. Include legal references for existing easements as indicated. 6. Revise the note referring to future recreation center. The note must include language that this SDP does not provide any approval of any features currently illustrated for said recreation center. I recommend using a "bubble" type illustration for the features. For your information, the site details for the proposed recreation center are allowed to be included on this SDP. 7. The landscape and screening details for the road efficiency buffers must be included. 8. Add a note per § 165-36 referencing the landscaping requirements for the proposed lots. 9. Provide street lights at each intersection. 10. Revise the proffer statement section by moving the payment for "Bridge Improvements" to the "Monetary Contributions" sections and revising the amount due respectively. 11. Ensure the property owner's signature is present on the final SDP. 12. Ensure the responsible engineer's signature is present on the seal. 13. Provide the right-of-way width for Rossaman Boulevard. = "" 14. Label the wetlands areas on Sheet 3 of 18. 107 North Kent Street E Winchester, Virginia 22601-5000 . Page 2 Mr. Kurt Pennington, Greenway Engineering Re: Sovereign Village SDP review March 12, 2004 In order to assist with expediting the development approval process, I encourage you to send all proposed SDP's to this office for review when the same plans are being distributed for other agencies and departments for review. The application seeking approval is denied at this time. Please revise the SDP and resubmit. I am enclosing a markedcopy of the SDP for your assistance in revising. If you have any questions, please feel free to call. Sincerely, 06WW Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah cc: Manning and Ross Developers, Greg Bancroft COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 19, 2004 Mr. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village Section III: Subdivision Design Plan Dear Mark: The subdivision design plan (SDP) application, and fee for Sovereign Village Section III received on February 18, 2004, are being returned to you for the following reasons: ■ The phasing is out of sequence with the approved Master Development Plan (MDP). The submitted SDP depicts an area to be developed known as Phase 4 on the approved MDP. Phase 3 on the MDP has not been submitted. ■ The submitted SDP illustrates an additional road segment named "Thompson Court" which is not on the approved MDP If you have any questions, please feel free to call. Sincerely, v jjjJJJ ✓ Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad 107 North Kent Street • Winchester, Virginia 22601-5000 /JN \47 Founded in 197; GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Sovereign Village -Section II] File No: 2185 Date February 20, 2004 To: Kuykendall Johnston McKee and Butler Attn: Ben Butler Copied Dave Madison -Manning & Ross Greg Bancroft -Manning & Ross From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ❑ As You Requested ❑ Please Comment Message: Ben, Attached is a copy of the letter we received from Frederick County Planning regarding the above project. Planning has rejected the Subdivision Plan submittal packet and returned the application, site plan copies and fee check. Please contact us with any questions or need for additional information. Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANS---M-- Project Name: Soveriegn Village Sec. III File No.: 2185 Date: 12/22/03 To: John Whitacre Attn: Copied: 'If T A L From: Kurt Pennington GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: 1- Urgent R For Your Review C` As You Requested r Please Coma-rnt Message: Mr. Whitacre, Please find attached 2 sets of revised Sec. III plans. Note: revisions are clouded on plans. s � j -41 Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@vlsuallink.com COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 September 18, 2003 Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Sovereign Village, Section III off Route 657, Senseny Road Frederick County Dear Kurt: This is to acknowledge receipt of your revised plans dated August 27, 2003 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide seven (7) 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. C • 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. ^ C�-- VirginiaDOT.org WE KEEP VIRGINIA MOVING r---- t N ft Mr. Kurt Pennington Ref: Sovereign Village, Section III September 18, 2003 Page Two • Appropriate care should be exercised at point of access to VDOT facility. 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 Standard RFD-1. • Private entrances will be installed in accordance with 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. • Please note, this approval is contingent upon the following corrections being applied to final seven (7) sets of plans: 1. End treatment for 60" RCP should be ES-1 and detail to match. 2. The 1.5' minimum clearance for FH is for all streets. Should you need additional information, do not hesitate to call. Sincerely AA AY � Barry J. Sweitzer, TranRoadway Engin r For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Jeremy Camp Mr. Greg Bancroft (faxed) COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 September 3, 2003 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Sovereign Village - Section B Frederick County, Virginia Dear Kurt: Upon review of the revised subdivision plan dated July 15, 2003, and received on August 5, 2003, it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Sincerely, f t-"� ��Jtldl Joe C. Wilder Civil Engineer JCW/rls cc: Patrick Davenport, Zoning and Subdivision Administrator file A:Asovv4lage,sec3reveonma pd 107 North Kent Street - Winchester, Virginia 22601-5000 REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 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 Windv Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Sovereign Village - Section Three Location: North side of Senseny Road (Route 657), east of Charming Drive, and west of Rossmann Boulevard Fire Marshal Comments: ©1) Fire Marshal Signature and Date: (NOTICE TO FIRE MARSHAL. *PLEASE RET . 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 r Department Office of the Fire Marshal Plan Review and Comments i�t�2tfA Control number SD03-0007 Project Name Sovereign Village Section 3 Address 151 Windy Hill Lane Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Date received Date reviewed Date Revised 5/30/2003 6/3/2003 Applicant Greenway Engineering City State Zip Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District 65-A-39 & 39A 18 18 Election District Recommendations Red Bud Automatic Fire Alarm System Residential Sprinkler System No Yes Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Fire Lane Required No Special Hazards Yes Additional Comments ire, nvarant Or FaFmington tul1`C `sh.leet 5) shown s; iGBt f:' v Gi cur Puns approved contingent upon relocation to 3 feet from cur.. Plan Approval Recommended Reviewed By Signature_ Yes Timothy L. Welsh Title .kr��� 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 Name of development and/or description of the request: Sovereigri Village - Section Three Location: North of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard Inspection Department Comments: kii 01 -e, v1 71 S Code Administrator Signature and Date: (NOTICE TO INSPECTIONS DEPT EASE RETUkN THIS F TO AP L T.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 7 s� e,7 iJ e . Dwellings shall comply with The Virginia Uniform statewide Building Code and section 310, use group R (Residential) of the BOCA National Building Code/1996 and The CABO One and Two Family Dwelling Code/1995. Lot # 5 and #6 shall not have drive way slopes to the Dwelling. Please correct slope direction. Question about the rec. building and pool site plan?Will need to show accessible parking and building access and will have to comply with assembly use group with in the BOCA code. IOJ7\ GREENWAY ENGINEERING 149 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: Sovereign Village- Section Three File No.: 2185 Date: 5/30/2003 To: Frederick Co. Inspections Dept. Attn: BuildingOffical Copied: From: Kurt Pennington GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 For YarBemv r7 Urgent R For Your Review 17 As You Requested 1- Please Comment Message: Please find attached for your review: q: t 1 Set of the Subdivision Deesign Plans FREDERICK COUNTY PUBLIC WORK & INSPECTIONS Thank you for your assistance with this project. If you have any questions please call. Kurt Pennington Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@vi sual l i rk. com 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: Greenwav Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-6624185 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Roar, east of Channing Drive, and west of Rossmann Boulevard Winchester Regional Airport Comments: Airport Signature and Date: �D V )p rl\�--�' to I D'1 �C-�13 (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. WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / June 27, 2003 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 Three 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, S 41, Serena R. Manuel Executive Director Frede k County Publi chools Administrative Assistant to the Superintendent June 3, 2003 Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Pennington: Al Orndorff orndorfa@frederick.k12.va.us This letter is in response to your request for comments to the subdivision plans of Sovereign Village — Section Three. The public schools have no additional comments at this time. Respectfully Yours, Al Orndorff Administrative Assistant to the Superintendent a :1, JU N 0 5 2003 Copy: William C. Dean, Ph. D., Superintendent of Schools Robert W. Cleaver, Assistant Superintendent of Administration----------------_.�-___- Charles Puglisi, Director of Transportation 1415 Amherst Street www.frederick.02.va.us 540-662-3889 ext. 112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax N SUBDIVISION INFORMATION Frederick County Public Schools Attn: School Superintendent 1415 Amherst Street Winchester, Va. 22601 (540) 662-3888 NOTICE TO THE APPLICANT It is your responsibility to complete this for as accurately as possible in order to assist this agency with their long range planning. Attach one copy of your plans to this form. 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: Soveriegn Village - Section Three Location: South of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard Number of residences to be builtin this development: 26 Approximate date first house/residence will be occupied: 2004 Estimated completion date of development: (build -out) December 2004 NOTE: If the school superintendent wishes to provide comments, they should be directed to the applicant who will provide them to the Planning Department. If no comment, please advise applicant. REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building,107, North Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineering 151 Windv Hill Lane. Winchester. VA 22602 662-4185 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Road, east of Charming Drive, and west of Rossmann Boulevard Parks and Recreation Department Comments: Plan, dated May 28, 2003, appears to meet open space requirements. No recreational units required. Parks Signature and Date: (NOTICE TO PARKS * 06/02/03 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 otherpertment information. i . a `is �, r # , g P :�- ,a.. M M REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Frederick County Department of GIS Attn: Marcus Lemasters, GIS Manager 107 North Kent Street Winchester, Va. 22601 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's name, address and phone number: Greenway Engineering 151 Windv Hill Lane. Winchester. VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard GIS Department Comments: .1rcL KFf:;., cs�� �iiG �i7�i1✓, aT�+� vim/ iy��B�; Lr�i� �:`r�S i1�2� .L�r�✓F—��-�'``.`- Fc9fc lVuvrJG��r'��4 F, JUN 0 3 LOB Ida s �s [ U >' L1VJWA6r_r1 (--,trhu6 LAWSON AND SILEK, P.L.C. 160 ExETER DRIVE, SOITE 103 POST OFFICE Box 2740 WiNcHESTER, VA 22604 TELEPHONE: (540) 665-0050 FAcsnK m (540) 722-4051 June 28, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: JUN 2 9 2006 THOMAS MOORE LAWSON • TLAWSON(aLSPLC.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 200' 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 20'', 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 FRONT "VAL"MRes: P"r O"KZ BOX 692, FRONT R0TA4 VRM" 22M9,1bEraONs: (569) 6354615, FACE: (54% 635A621, WMML- DREIO®[YMCCOPDVHCT.00M FARFAXADVIRM: 10805 MAER STREET. Sum 200, FARFAR.vMcunA 22939.YYLzrnomu (703) 352-2615, FAcswRE: (70M 352 419% �Mna.:'ItiOlHw90.Lww'90w�v®uzoN.Nrr 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 Channing 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, Sum 103 POST OFFICE Box 2740 wINCHEsTER, VA 22604 TELEPHONE: (540) 6654050 FACsnmH.E: (540) 722-4051 June 22, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: THOMAS MOORE LAWSON • TLAWSONQLSPLC.COM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of a letter dated June 14d' 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 315( and my letter of June 2, 2006. To keep everyone in the loop, I am copying all of those copied on the June 10 letter. Also, I have had the opportunity to share the June 1461 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 Channing 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 ofbuilding 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 Channing Drive in areas where it is not yet constructed. F.M' ROYAL ADUMM! POsr OFFKE B= 602. FaMa ROYAL.- 72630.1tifFeolR: (SO) 635-MIS. FAMMKEt (SRO) 631"nl. E-r M �XDK F.A.A.M.: IOM MAM STM=, SMZ "%FAUWAX V=VG^ 22030. TAil- C183) M4615, FAC=a - (703) 7S2-4190,E-�-lH�.LAwswv�vcxuoNi4 r 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 ", 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 Channing 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 Channing 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 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 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 Winchesterf, Virginia 22601 RE: Channing Drive: Lynnhaven and Sovereign Village developments Dear Ty and Ben: emu, X,7 ��•. : VON 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 them 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 conjunction with approval of a. revised MDP; (2) a preliminary Master Development Plan revision for Sovereign Village which .would intrtzd ce 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 Channing 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 • Wmchester, 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 recreation 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 EFL/bad A LAWSON AND SILEK, P.L.C. S 160 ZXUM DwrM Sons 103 ., Posy O CE BM 2740 NftCHZ T R VA" 04 FAMM,s: (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 Channing Drive and agreement on the Community Center. As we discussed in the last meeting, it may be 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 Channing 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 curr y un eve o an End did segmen of roid W-af 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 Channing Drive and all agreed that under the existing proffers, those two segments of Charming Drive will in fact be completed. As always, the question has been timing for the completion, but we believe with FarrRGnLA.adz1?oerOnesD=02.FsmerPATU.V*M"ZWk (64%W9-" 6.FA=a (".1.3"01.Lawns w ooM F.► WXAMro INN M&wRn r.Bum3KFemrAY.VUW&"2201e.?U=a 9(703)90-M%FMB:M3l2d1f.X4"I[sTAOK"O ,1 Mr. Kris Tierney June 2, 2006 Page 2 the connection that now exists between Senseny and Valley Mill, the pressure to immediately deliver Channing is off. QR and Manning and Ross are asking that the Deed of Dedication of the segment of Channing 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 proj ect 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 Channing 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 Channing 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 Charming 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. TML:cmh cc: Manning and Ross Builders Benjamin M. Butler, Esquire Very COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for. the Installation.of Traffic Signal WHEREAS, Manning and Ross Developers, LCC is constructing a subdivision in Frederick County, Virginia at the.interseetion of Rossman Boulevard and. SensenyRoad (Route 657) and, WHEREAS, during the traffic and engineering review of plans for Sovereign Village Subdivision at the intersection of Rossman-Boulevard and Senseny Road (Route 657), it was determined based on traffic generation values provided by the Sixth Edition of the Traffic Projection Manual that several . of the warrants` contained in the .2000 (Millennium) Edition of the Manual . on Uniform. Traffic Control Devices (MUTCD) for consideration of a traffic signal were met at this intersection, and. WHEREAS, it'.s recognized traffic projections ' are to be used in determining whether or, .if signalization may be required and actual traffic conditions may vary which may influence the need fora'traffic `signal for a business development of this -size, IT IS THEREFORE AGREED: i. The Department of Transportation willnot require the developer to have a traffic 'signal installed as a condition of the.initial entrance permit. 2. The Department of .Transportation will secure actual traffic counts after the bwmi ess is,open. If at that time or at any for a period of five (5) years after the business is 'opened the .Department. Aetermines a signal, is warranted based on the traffic volumes; generated `from Sovereign Village; or : other condition(s) as outlined in Section 4C-2 "Warrants for ; Traffic Signal Installation" of the Federal Highway Administration's ig88 Manual"on Uniform Traffic Control` Devices, during that five (5) year period,. a signal shallbe.installed. In this event, 3. Manning' and Ross Developers; LCC shall pay. for i00% of design, materials' and installation costs to provide a.traffic signal of the intersection` of Rossman Boulevard and Senseny Road (Route.657) as described above, the actual process of. design and '-installation to be on anaccounts receivable basis or under permit as maybe agreed ; upon by Manning and Ross Developers, LCG and the Department of Transportation at the time the need for a signal is verified. 4. If the ` ,needfor a traffic signal is verified, it: shall be designed and installed in accordance with the Department of Transportation specifications and will become the property of the Department of Transportation upon completion. Agreement for the Instalz�n of Traffic Signal Page #2 5. Manning and Ross Developers, LLC shall furnish a surety bond or letter of credit acceptable to the Department of . Transportation in the amount not to exceed $125,000.00, which is i00% of the total estimated cost of the traffic signal, the bond or letter of .credit to be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. 6. The Virginia Department of Transportation agrees if additional development by others occurs at this intersection within the prescribed five (5) year period,,which would hasten or otherwise affect the need for a traffic signal at the location, the Virginia Department of Transportation will. re-evaluate the aforementioned i00% cost sharing agreement with Manning and Ross Developers, LLC and the terms of this agreement may be reduced at the discretion of the Department of Transportation. 7. Future Need for Signal: VDOT shall have the option to renew the foregoing five (5) year period, for an additional five (5) years, should impacts from this development at the intersection of Rossman Boulevard and Senseny Road. (Route 657) demonstrate said need. Developer Manning and Ross Developers, LLC Address: P. 0. Box 27 Win er, VA 22 By: ane,tite C3-�eo'ocv) YAj�oincco Virginia Department of Transportation 14031 Old Valley Pike Edinb , VA 22824 ; B q- Z3- o3 y� � 1 Je . Copp, Resi t Engineer Old Town Center 202 N Loudoun St Winchester VA 22601 (540).662-2280 Fax (540) 662-5549 Commonwealth o`f Virginia Department of Transportation Irrevocable Letter of Credit Bank Agreement DATE: May 11, 2004 APPLICANT: Manning and Ross Developers, LLC ISSUING BANK: Bank of Clarke County ADDRESS: P.O. Box 27 ADDRESS: P.O. Box 60 Winchester, VA 22604 Winchester, VA 22604 AMOUNT: $125,000.00 EXPIRATION DATE: September 23, 2008 VIRGINIA DEPARTMENT OF TRANSPORTATION ADDRESS: P.O. Box 308 CITY: Edinburg STATE: VA Zip Code: 22824 We hereby issue our Irrevocable of Credit No. 12-04 in your Department's favor for• he account, of Manning and Ross Developers, LLC for a sum not exceeding One Hundred and Twenty Five Thousand and 00/100 U.S. dollars ($125,000.00) available by sight draft on the above stated issuing bank accompanied by documents specified below: A certified statement signed by the Permit Manager or his/her representative stating that Manning and Ross Developers, LLC'has not satisfactorily completed work pursuant -to the permit issued to the Permittee or agent to perform the work as described on the face of the permit in the county of Frederick. A statement signed by the Permit Manager. or his/her representative to the effect that: "This drawing is for the explicit purpose of.providing for completion or restoration of the right of way to the terms of the Land Use Permit Manual and pursuant to the agreement of the Permittee or his Agent to perform the work covered by permit to the satisfaction of the Department." All drafts -must bear the clause "Drawn under Bank of Clarke County Letter of Credit No. 12-04 dated May 11, 2004." We hereby engage with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of this document. This Irrevocable Letter of Credit shall remain in full force and effective for a period of two (2) years from the date hereof and shall automatically renew itself from year to year for three (3) years one (1) year periods thereafter unless and until the above issuing bank shall give (90) days prior written notice to the department, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED.of its intent to terminate same at the expiration of said ninety -day period. During said ninety- (90) days notice period, this Irrevocable Letter of Credit shall remain in full force and effect. During the last thirty- (30) days while this letter is in force and effect after notice of termination has been given. wwwbankofclarke.com The Department may draw up to the full amount of the when accompanied by a document stating that Manning and Ross Developers, LLC has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow account, and a document stating that "That the Drawing will be held by the Department for the sole purpose of providing for the completion or restoration of the right of way for work covered by permit issued to Manning and Ross Developers, LLC until such work is completed or restored to the Department satisfaction. "This credit shall be terminated upon the Permit Manager or his appointedrepresentative giving written release stating that the terms of the permit have been completed and accepted by the Department." Note: Continuous Letter of Credit for utilities "telephone, electric power lines, water, sewer, gas" cannot be cancelled unless facilities covered by the permit have been removed from the Right of Way or the principal has arranged or replacement surety protection or when responsibility and maintenance has been taken over by another company and the body assuming responsibility for maintenance of that facility advise the Department in writing of its intentions to do so, and posted a replacement of surety. Except as otherwise expressly stated herein, this credit is subject to the Uniforms Customs and Practices for Documentary Credits (1993 Revision), Internation r of,�jommerce Publication No. 500. Attest L iINA�%I • :-fwMT Agreement for the Installation of a Tra... ss D—elopers, LLC - Sovereign Village Subject: Agreement for the Installation of a Traffic Signal - Manning & Ro ss Developers, LLC - Sovereign Village Date: Wed, 19 May 2004 14:52:29 -0400 From: "Lineberry, Ben, PE" <Ben.Lineberry@VirginiaDOT.org> To: "'loismad@msn.com"' <loismad@msn.com> CC: "Lineberry, Ben, PE"<Ben.Lineberry@VirginiaDOT.org>, "Ingram, Lloyd" <Lloyd. Ingram@VirginiaDOT. org>, "Heironimus, David (Dave)" <David.Heironimus@VirginiaDOT.org>, "Shiley, Matthew, PE"<Matthew.Shiley@VirginiaDOT.org>, "Harris, Clarence (C.B.)" <CB.Harris@VirginiaDOT.org>, "'elawrenc@co.frederick.va.us"' <elawrenc@co.frederick.va.us> Enclosed for your records please find a copy of the subject traffic signal agreement executed by VDOT along with a copy of Letter of Credit No. 12-04. <<0001.tif>> (4 pages) Please note the VDOT address on the letter of credit should be 14031 Old Valley Pike rather than P. 0. Box 308. We would appreciate you notifying the Bank of Clarke County. Should you have any questions, do not hesitate to call. Ben H. Lineberry, Jr., P.E. Assistant Resident Engineer VDOT — Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5605 (540) 984-5607 (fax) Name: 0001.tif 0001.tif Type: TIFF Image (image/tiff)' Encoding: base64 1 of 1 5/20/2004 10:41 AM REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Frederick County Department of GIS Attn: Marcus Lemasters, GIS Manager 107 North Kent Street Winchester, Va. 22601 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard GIS Department Comments: .�ditJ X%iE.S - /`.Yomason 0- j,o .o' rP� rH 6'. .¢&E &k V "5z� eN 4n -" /-L�fr/ 1u/yroFy Two Cop 'F B C i°.�s� rzuo o��y .1-�G KFF� w,E i4�ra ,�noki o� w/ .v�B6�S o�-M��d r'.tC�ES �t�2� ,css.yF�ssAr'iy F�92 ya.+9t3Ei2iv/� . GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANSMITTAL Project Name: File No.: Date: Sovereign Village -Section 3 2185 November 3, 2003 To: FC Planning Attn: Patrick Davenport Copied: From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: C. Urgent 9 For Your Review E As You Requested Please Comment Message: Patrick Please find attached on set of "Final Subdivision Plats" for Sovereign Village, Section 3. Please review and let me know if everything is alright. If so, I will forward final copies for your signature. Thank you for your assistance. Call with any concerns. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com r� AUG t ; FREDERICK &NING & DI DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 CERTIFIED MAIL — RECEIPT REQUEST REQUESTED August 9, 2004 Mr. Greg Bancroft CIO Manning & Ross Developers, LLC P. O. Box 27 Winchester, VA 22604 Ref: Sovereign Village Dear Mr. Bancroft: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 I apologize, I advised you incorrectly that the check needs to be made out to VDOT. In fact, it should be to Frederick County so the money can be utilized as part of a revenue sharing project to install the signal at the intersection of Route 656, Greenwood Road, and Route 659, Valley Avenue. Please find attached the check being returned to your attention. Please resubmit the check to Frederick County. Again, I apologize for this mistake. Should you have any questions, do not hesitate to call. S. erely, Ben H. Lineberry, Jr., P.E. Trans. Assistant Resident Engineer BHL/rf Enclosure — Check #5239 Copy: Mr. Eric Lawrence VirginiaDOT.orq WE KEEP VIRGINIA MOVING COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 March 14, 2005 FAX (540) 984-5607 Mr. Richard A. Edens, L.S. C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Sovereign Village, Section 3-B Off Route 657, Senseny Road Frederick County Dear Rich: A VDOT review has been completed on the final plat dated February 1, 2005 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. The application 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 plans will be required for review. We are returning four (4) signed copies of the plat to your office, one copy is being retained for our work file. please provide one cot.-; oft e plat of dedication tully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. Sincerey Barry J. Sweitzer, Trans. Roadway Engfneer For: Lloyd A. Ingram, Transportation Engineer BJ S/ rf Enclosures xc: Mr. Dwight Hawkins Mr. Mark Cheran VirginiaDOT.org WE KEEP VIRGINIA MOVING M FILE Copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 7, 2004 Mr. Rich Edens Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village - Section 3A: Final Plats review Dear Rich: I have had the opportunity to review the Final Plats for Sovereign Village Section 3A, and offer the following comments: Proffers. The proffer amount due per dwelling is $3,658.73. This amount includes $100 allocated to the construction of the bridge. Add this associated text from the proffer statement to the plats. 2. Revise the vicinity map to show all previously recorded sections of Lynnehaven and Sovereign Village. Label other surrounding subdivisions as well. 3. Add the text "BRL" to the edge of the road efficiency buffer on Lot 26 Please revise and resubmit. For your information, an appropriate guarantee is required prior to final plat approval. If the developer desires, you may now submit the estimates for the remaining work in this Section in order to establish the appropriate guarantee amount. I am available should you have questions. Sincerely, P 1/Jwe�j Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator PTD/bad Ccf reg Bancroft, Manning and Ross Developers 107 North Kent Street - Winchester, Virginia 22601-5000 eo pSEE E copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 19, 2004 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Sovereign Village Section III A: Subdivision Design Plan Dear Kurt: This letter is to confirm that the Subdivision Design Plan for Sovereign Village Section III A has been approved. Today, Mr. Greg Bancroft was contacted to collect one copy of the plans for your records and distribution. It is now appropriate to submit the final plats for this subdivision. In addition to the information provided on the approved design plan, the plats must include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. An appropriate guarantee must also be provided covering any remaining work in this subdivision. If you have any :questions, please feel free to call. Sincerely, PW " Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad cc: Manning and Ross Developers, Greg Bancroft 107 North Kent Street • Winchester, Virginia 22601-5000 %�P7 Founded in 1971 /J!N GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 March 15, 2004 Frederick County Department of Planning and Zoning 107 North Kent Street Winchester, VA 22601 Attn: Patrick Davenport, Zoning and Subdivision Administrator Re: Sovereign Village Section III — Subdivision Design Plan Comments Dear Mr. Davenport: We are in receipt of the comments dated March 12, 2004 and offer the following responses: Comments from Frederick County Department of Planning Comment 1: The vicinity map needs to show other existing lots (Lynnehaven) within the Channing Drive Master Plan. Response: Vicinity map on Sheet 1 has been revised to include the existing lots within Lynnehaven, Section One. Comment 2: The development summary needs to tabulate all development summary to date, including Lynnehaven Subdivision. This tabulation requirement will apply to all future developments within the Channing Drive Master Plan. Response: The Phase Development Summary tabulations on Sheet 1A have been revised to include the current Lynnehaven development (a portion of Phase 7). Comment 3: Sheet 3 of 18 illustrates an "Outlot C" containing 5.16 acres. Provide a note as to the future intent of this open space. The area tabulation needs to reflect the future status. I have provided a sample clarification to assist you. Response: The area for "Outlot C" has been revised to reflect only that portion that is included with this plan. The residue area of Parcel 39A has been noted for the future development of Section 3B upon the approval of a revised MDP for this area. Comment 4: Merge the building restriction lines with the easement lines along Lots 7, 8, and 9 as indicated. Response: We have merged the BRL and easement lines along Lots 7, 8, and 9 as noted. Please note that we are complying with this request only under protest. Please see attached letter. Comment 5: Include legal references for existing easements as indicated. Response: Legal references for existing easements have been added. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #2185/KP/dlm www.greenwayeng.com Comment 6: Revise the note referring to future recreation center. The note mus,: include language that this SDP does not provide any approval of any features currently illustrated for said recreation center. I recommend using a "bubble" type illustration for the features. For your information, the site details for the proposed recreation center are allowed to be included on this SDP. Response: The recreation center note has been revised to indicate that approval of this plan does not include the recreation center. Its approval shall be under a separate site plan. Comment 7.• The landscape and screening details for the road efficiency buffers must be included. Response: The landscape and screening details have been added to Sheets 5 and 6 along with notes pertaining to each buffer. Comment 8: Add a note per §165-36 referencing the landscaping requirements for the proposed lots. Response: We had mistakenly included street tree landscaping for this development. The development complies with the approved "Woodlands Disturbance" on the current approved MDP. A landscaping requirement note has been added to Sheet 1. Comment 9: Provide street lights at each intersection. Response: Street lights have been added to intersections. Comment 10: Revise the proffer statement section by moving the payment for "Bridge Improvements" to the "Monetary Contributions" sections and revising the amount due respectively. Response: A "Monetary Contribution" summary has been added to the proffer statement. Comment 11: Ensure the property owner's signature is present on the final SDP. Response: Property owner's signatures will be included on the final SDP. Comment 12: Ensure the responsible engineer's signature is present on the seal. Response: Engineer's seal has been signed. Comment 13: Provide the right-of-way width for Rossmann Boulevard. Response: Rossmann Boulevard right-of-way width has been noted as being variable. Comment 14: Label the wetlands areas on Sheet 3 of 18. Response: Wetlands have been labeled on Sheet 3 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 En ' ring Kurt Pennington Cc: Greg Bancroft — Manning and Ross Dave Madison — Manning and Ross File ##2185/KP/dlm Founded in 1971 /JN GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 March 15, 2004 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Patrick Davenport, Zoning and Subdivision Administrator Re: Sovereign Village Section III: Subdivision Design Plan - Review Building Restriction Line Comments Dear Mr. Davenport: We are in receipt of your comments dated March 12, 2004 requesting the merging of BRL's and easement lines on the above -referenced SDP. As you are aware, Greenway Engineering has previously expressed concerns during the Solid Woods Plat recordation process referencing issues Frederick County will encounter in its enforcement. As we have discussed, I know of no other County in the State of Virginia that interchanges BRL's and easements. Again, I recommend you check with other zoning offices in the State to ensure Frederick County is making an informed decision. Per your request, we have changed these plans in order that our client will not suffer delays in obtaining approval of this subdivision. Respectfully again, this letter is in protest of changing the BRL's locations. Thank you for your patience and understanding in this matter. Sincerely, Greenwa � Engineerir�� Mark D. Smith, PE, LS President Enclosure Cc: Eric Lawrence, Director - Frederick County Planning John Riley, Administrator - Frederick County Larry Ambrogi, Frederick County Commonwealth Attorney Nancy Tilson Sinback, Vice President - Top of Virginia Building Association Richard Bell, President - Industrial Parks Association Doug Toan - Industrial Parks Association Mike Artz, LS, President - VAS Mike Bryan - Bryan and Coleman Ben Butler - Kuykendall, Johnston, McKee, and Butler Scott Marsh, LS - Marsh and Legge Richard Edens, LS - Greenway Engineering Kurt Pennington - Greenway Engineering Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #218S/MDS!YNf/dlm www.greenwayeng.com FIE COPY COUNTY of FREDERICK w � Department of Planning and Development 540/665-5651 17tR 1 FAX: 540/665-6395 March 12, 2004 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Sovereign Village Section III: Subdivision Design Plan- Review Dear Kurt: I have had the opportunity to review the subdivision design plan (SDP) for Sovereign Village Section III received on March 3, 2004, I offer the following comments: 1. The vicinity map needs to show other existing lots (Lynnehaven) within the Channing Drive Master Plan. 2. The development summary needs to tabulate all development summary to date, including Lynnehaven Subdivision. This tabulation requirement will apply to all future developments within the Channing Drive Master Plan. 3. Sheet 3 of 18 illustrates an "Outlot C" containing 5.16 acres. Provide a note as to the future intent of this open space. The area tabulation needs to reflect the future status. I have provided a sample clarification to assist you. 4. Merge the building restriction lines with the easement lines along Lots 7, 8, and 9 as indicated. 5. Include legal references for existing easements as indicated. 6. Revise the note referring to future recreation center. The note must include language that this SDP does not provide any approval of any features currently illustrated for said recreation center. I recommend using a "bubble" type illustration for the features. For your information, the site details for the proposed recreation center are allowed to be included on this SDP. 7. The landscape and screening details for the road efficiency buffers must be included. 8. Add a note per § 165-36 referencing the landscaping requirements for the proposed lots. 9. Provide street lights at each intersection. 10. Revise the proffer statement section by moving the payment for "Bridge Improvements" to the "Monetary Contributions" sections and revising the amount due respectively. 11. Ensure the property owner's signature is present on the final SDP. 12. Ensure the responsible engineer's signature is present on the seal. 13. Provide the right-of-way width for Rossaman Boulevard. 14. Label the wetlands areas on Sheet 3 of 18. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. Kurt Pennington, Greenway Engineering Re: Sovereign Village SDP review March 12, 2004 In order to assist with expediting the development approval process, I encourage you to send all proposed SDP's to this office for review when the same plans are being distributed for other agencies and departments for review. The application seeking approval is denied at this time. Please revise the SDP and resubmit. I am enclosing a markedcopy of the SDP for your assistance in revising. If you have any questions, please feel free to call. Sincerely, /?k4 �1)6WI04 Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah cc: Manning and Ross Developers, Greg Bancroft S �p Ve��yrr �iIli A os// 1/04 SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at.a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: V title "Subdivision Design Plan for " with a notation of all previous names of the subdivision. V original property identification number. page number and total pages on each page. V name of the owner and/or subdivider vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. 5�614 la�S G11061 /y .S,Q written and graphic scale. ow y day, month and year plan prepared and revised. V North arrow. name of the Magisterial District where located. zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to / the nearest one-hundreth (1/100) of a foot. V topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. �'('4� )4 1r rl /S i � w//n Z or- o 5 6,e 10 I � T 5, M (U)V� I location and area of each parcel of common open space and J the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. V" existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. —�G existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. V stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed Dfacilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary / sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. _ location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. location of all land to be dedicated or reserved for Dpublic use. /�o� 13R6 W/ P.��Z/IfeYGY �1'Lsf location of required setback lines on each lot. V/_ location of proposed recreational areas and facilities. Dlocation of proposed buffers and screening with dt§i details, locaAt�' o s and types of plants andr ening. fV 0 �4h cGfl�ny �� 01-�rrr► h'I /b�, e �u proposed landsca ping th loc � tion and types of plants. ho,�C �./�.5 -3 certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. C,„✓My 5-1 y1" signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. a 12 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 02/13/04 Application # Applicant/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 Contact Person: Dave Madison Phone: 540-723-9868 Greg Bancroft Fee Paid p0 ce Name of Subdivision: Sovereign Village - Section Three Number of Lots: ,2tf ZO 6 Total Acreage 15.72 Ac Property Location: North o 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 & 39A Property zoning and present use: RPNacant Adjoining property zoning and use: RP/Res. & B2Nacant Has a Master Development Plan been submitted for this project? Yes E, No Q 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: Minor road con figuration to accommodate proposed location for Recreation Center. Minimum Lot Size (smallest lot) 12002 Number and types of housing units in this development: Number,W Z0 4� 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 will be / �/�fc�om lete prior to the submission of my site plan. Signature: / `� `� Date: 2 3 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 Section Three Location: North of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard Va. Dept. of Transportation Comments: The application. for subdivision of this property appears to have significant 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 plans will be reauired for review. See attachedJetter--fKom VDOT dated September 18, 2003 to ;IIYY4. L:11 II IfrGl:ll1 VI)OT'Signature and Date: acgigjm (NOTICE TO RESIDENT ENGINEER *PLEASE RETURN TEAS 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 (2) copies of your application form, location map and all other pertinent in formation . COMMONWEALTH of VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 18, 2003 Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Sovereign Village, Section III off Route 657, Senseny Road Frederick County Dear Kurt: JERRYA COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 This is to acknowledge receipt of your revised plans dated August 27, 2003 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide seven (7) 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. c • The contractor shall notify VDOT when work is to begin or cease for length of time. VDOT will also require 48 hours notice for inspections. VlrglnlaDOT.org WE KEEP VIRGINIA MOVING N any undetermined' c�a cL W Im Mr. Kurt Pennington Ref: Sovereign Village, Section III September 18, 2003 Page Two • Appropriate care should be exercised at point of access to VDOT facility. 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 Standard RFD-1. • Private entrances will be installed in accordance with 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. • Please note, this approval is contingent upon the following corrections being applied to final seven (7) sets of plans: 1. End treatment for 60" RCP should be ES-1 and detail to match. 2. The 1.5' minimum clearance for FH is for all streets. Should you need additional information, do not hesitate to call. Sincerely, Barry J. Sweitzer, TranRoadway Engin r For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Jeremy Camp Mr. Greg Bancroft (faxed) 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 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard Inspection Department Comments: M Code Administrator Signature and Date: D (NOTICE TO INSPECTIONS DEPT EASE R'E'TeIiN THIS F TO AP L T.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. �r Dwellings shall comply with The Virginia Uniform statewide Building Code and section 310, use group R (Residential) of the BOCA National Building Code/1996 and The CABO One and Two Family Dwelling Code/1995. Lot # 5 and #6 shall not have drive way slopes to the Dwelling. Please correct slope direction. Question about the rec. building and pool site plan? Will need to show accessible parking and building access and will have to comply with assembly use group with in the BOCA code. REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, lst 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: Sovereign Village - Section Three Location: North side of Senseny Road (Route 657), east of Charming Drive, and west of Rossmann Boulevard Fire Marshal Comments: oy Fire Marshal Signature and Date: (NOTICE TO FIRE MARSHAL. *PLEASE RETW 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. Control number SD03-0007 Project Name Sovereign Village Section 3 Address 151 Windy Hill Lane Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 5/30/2003 Date reviewed Date Revised 6/3/2003 Applicant Greenway Engineering City State Zip Winchester VA 22602 Tax ID Number Fire District 65-A-39 & 39A 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Applicant Phone 540-662-4185 Rescue District 18 Election District Red Bud Residential Sprinkler System Yes Fire Lane Required No Special Hazards Yes Fire hydrant on Far mlinatcrs Blvd 3; s'0-1v^ of curb. Plans approved contingent uPon relocation to 3 feet c;-n Curb. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title t : k, ,E. 7.31AFISHAL, FREDERICK COUNTY REQUEST FOR CONDITIONAL SUBIDVISION COMNMNTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building,107, North Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Greenway Engineering 151 Windv Hill Lane. Winchester. VA 22602 662-4185 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Road, east of Channing Drive, and west of Rossmann Boulevard Parks and Recreation Department Comments Plan, dated May 28, 2003, appears to meet open space requirements. No recreational units required. Parks Signature and Date: (NOTICE TO PARKS * 06/02/03 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 otherpertinent information. Jf JU :I i ti. •J r COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 September 3, 2003 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Sovereign Village - Section B Frederick County, Virginia Dear Kurt: Upon review of the revised subdivision plan dated July 15, 2003, and received on August 5, 2003, it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Sincerely, Joe C. Wilder Civil Engineer JCW/rls cc: Patrick Davenport, Zoning and Subdivision Administrator . file A As ovvWage,sec3 revcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Frederick County Department of GIS Attn: Marcus Lemasters, GIS Manager 107 North Kent Street Winchester, Va. 22601 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Sovereign Village - Section Three Location: North of Senseny Road, east of Charming Drive, and west of Rossmann Boulevard GIS Department Comments: R0,4Ci 0- ✓� 7-PF) W e`, 1472E .1zYvua,E ee,&y /'f/or6;o eN LB l=5 9V- /-Y-^ 1�2 SCE —!]LEASE S�NA %w� GspiEs 6,- / 00-, 7zvo O-J�:Y .L`4 C P/00+0 kal Nse�sydF ?5 csrfhF�Z r�ift�ES it/l� ti� �y t/ { Fare yu��Ei2in� . gLg x_.. ._x,_ ...r_..._ r ........_..:,,: ...... 5 ...rm:......=kr z:l......__._..5..._.._. _.........._r._......_ ...R... _.._.. x..... s ... .... N .r r.....z.'... _..._...... E. .,_ __..., ..._.. ......,....._.,. _.:H .r__ . ...6c:::-.-. r.._r.... ! ..........:' : ,:.c.._.....,c.. .i.._.. e.... .._.. _.... .._.. ....... .._.. .. i-::rir.. _ n!s: - .._...�..'........... r.._........_...................,.h...._.-r.:n..._. , . _._...,. r... ........r l......,in...e. ._. _..rfi:_._...,. _..r #!......._.. _......r,__..�..r... _.._._....._- ...�c._......._..0 _.. ...............1_..,, ._....., .. :.:. .. .__..... _._ .r:!!!!!ii!na, fifir]i:r::-it "�.,d,!., ....... ....r.: - .........._.__...... �knefi ?c::• I.- ....... �'L _.3. i......r.. ..._. 5 ........,._e. ....� .. .__E!. i.._.....?i!;1'!e:i .._.. r .r..v..0 ......... .r_..... ..._... s... nni....... 6 .__..__.. ,� Ti..... .-_x� n ... .:... .. .... r ... .. ......a.r....... r......... .._...1I _......... .....'E. _. ::=i._..._, .. ..._h. i....... - .. i... .......:r....... ! I......_.]r ...... 'I ....... �.. ......_ . ....._.u.r.. _..<: rr.. a ,.... , r._... r,..r,.,:.,.5 ,.. .. ........ ..x..r_a.r._.__..._.....i _,_..... ....._... _r ,:a:::. _.x .: --. .._.� . _. r:=.fir' e!N3 ..._ ....rr.. r ................nr] Ji...... ...r. .r...e.nr ..x._..:.. ,..x..l .._6 ...,'.6 �_. . 3. ..... !.. _.._.:]! .._ . ....._ ........, ]_._.... ...._.....{.:fiE... x...a,.:::.x_. _ _i :,!.ii-= _._� ......, L�._.., 1!...............r . �,6...... ...._..., r.x..._. ! _. . !._. ,.. x�.ar :r. ,x... ! ..... h_.._.. i.ri....e. r iL........r._.:x, . :x:,.�. r n...-_ _.,_.....! t ..__.. .....r. ;x.— - — _ _ .._..,ki _....x.._....x....... r....s. ,. ,_...... .__., r_ !W.._.._ . _. S r.. _._. !r .......!x,.._. 16:_-. IF i :..x,::l =. .i�ei:-3i=- xxiil 3s _ ''—;�3 :. _�.55!._.:�!�1!='"� I.�,�YM:......�.-�:. k_..._.. i. _-_� '4r, x p,� � "' .__,�IhN"�i;:��:3a_� ��LL-i�...x ' a._. ..ti. .�....._...___. x:v...._ _._. ... .. ez_ .:.:.:_vi:r_exF'.;..=.F' _..._:.f,,..._... n...:-:..x�.ji...... r.._..�b . c:::,....x.....:.i .__..5 ... .....ram$. i. i'.:_::: r. _ ... ._ ... ... ...r_, .12 vv.... r ._.., b..... .........__. _.:ag:::: .� _ .'1 �..': .. ._::_ ..._._ x.. ...:h.. c::-:: . _._. — .. _.....: : I! ....... .r. k ... . � �.r...... .. __...err N.m_ .. !ix_._, L:...__....._. �.:...-,,. r v.... i. ....i .... l i .... t. ...6.._. xr...._ r,fi:s: t �::::-.: n: _'I: � - ,_.x.d ... ;i . .. _� r r. _...-, i.+..,. � r..........ir......_.r., r... ..v_ i E!6:it:x :;;_ s i . r� ar. !: dx... z.... ....c£.:�! :.i:.6. ..— :...i, i i ............i !!I :I�.:.. :, .::-]d, ex:x:::!,.e_x,;;;,,;....,x-!. af ... - .::-_- 7.:......� .. i , .eed! .:::. ,.r..__......__. r.r...r, ..., r _a7... fl.!__.. .!.. ai x...L 5:' ' i!:;!i r.. riss,,_g :s;; ., .... .i ..... ..:.....:::: 66 .. .. .._..�r:t'!ixui•!,:::::!�.:le7,d! . _. .;.dl rr: 1"Ca.::.:.x :r.i. :,.x!.� _,.i.,i,.. .3�x,!i., _. ; ....... r ..._.. .... .. .. i 1 x.. i.._.. ......r.ar a,._..._.e . x_... x...........i ....u..a ...._......._... 51 R:,_.3. ........_x _......:....... _.. r ..... .__.x,. _......i..l:.._...if d�r...�, r.,:.N. al..r. r ._. .. h .!........_... r:i;rcm;i!!e!" ..__.. ..!........ ....i I....x.i. irar, ii,!..'t5 .. .._:5. .3.... d� r._i.L .r�=! .xiN::dri_�...Lh...!!�._r.. ":=.. �__. 4.. i... :�..i .i._._. .6::r=: :-_ .:..;� _ - _:.::'.i: _d ,�_::SE:S•_.S.rx::x iu. ..� a ��._._.::r_-_ ,x:x:::::.:::::�.:::...�.._.....i....._..�fi..._r.i.......... r...x ,. i,.....:.r...,. .rig........ ITr._. e..... �� r :Ei...:.. w.._..,., i-:::. xx............_.=_x............_..__.r....._ .. ,:> :r _.r _ _ ...._....._. _.....,:..._.. _.!......_................ _ ..!.r., ., n ..... I..... _. ....... ....... i. ...........:r_!i F.:e.... .r'! .,:._.... e.=:x::,r'..._....'E............._..........__..!......._._. _ i .�;h'Si' - - _�::.:i =: ' :5�-'r . _._..su____.._...:_...:.e.:._...:...._—....,...:_........:.......c_.........�:....:...c__:fi.a..i.i.:,.!i....�5!.e.�.3._...c::..i.6..,._.._:.....x�:...._:.....e. ......�r....x..:..,,x....r..�r..c.t:r-.—u.x-..-_-r....'.L...r:.....r...::,!....x,.-_..__..__:..:...r....t,.:....N.:!:..k..!::......k:'a.;_:,.,i._:...i...i:. ,.:!l-_.. :..._.:..6._.�....i_.e:.....e_.:.__x_.��.•..:,..c..r..r...,....m:��!.,.V.[:..,.r..qq:..r..:......:3,..,......�--�- ._....e.x...........n.:......:,:......r-_a,?.,..r...iri.idi!::rir�._�,,.i.�:.:._..._.,....r<:r:...=:......_-;....1d............::�:...Ix.:. aN...::.r�..irir..rl.._::iko.�..........,._�_._..;.:..s..._.— ....,........._' S...._r... IS.]..vk�x.,.i:.._L:.F.....:.:...._:.�...__......_..._.r...r....r:Fr....i. �..:...,.!rr,r_;,-3_;.:.,'.c:.i.:......_:................:r.e.L,..ci::,.f._..:..x.._x...7o......'r....!..ei....i.nx.. '_..rr....:..._:.........::....:,c....._...:.::......:_...r..::c...i.u;.r..:... .,..riN,_..__.4..:.x.Lx...x.r._._.�rC..._......_.._.....__......_._......_...__._.,.. I:.!!L:...r...k:....___..n....:.e.F...=..:.,...�.__.....__:._.n..__..._......... !............!:.xr_:._=o..,...,,i...6...__..._:,....:n....�......:x._.L-.>.=..._._.___...........a....:._..........Y....._...x.rId..!.Iii.!.x33....._..!:,--_,._.._>-_................,=..._...._.__.s_._.x....1_x......._:_......!;.........r...d.........._.......F__.........................l..-_..C. ..r._.].::...�__.._....._.-........�....-x...!.5P.... r._...�._..;e._.r.:..cnr_.a.... I t... ..:.'..:...!__......-r.r-........,.._...:.___.__....!....e._......._..__r.....=:..i.i....r.....i.r..Lx,..._...._..............;.....-........_r........=.i.._..........., .....:i....ri.....:r...,...Ml.rr.l..i,:.._._.:::._.:..._..:.........:.....�., .....,..,.:.....,.....'�n�...fi.i....i.1..._..!a........_.,....s......._.a.c......_._.....�_vS.-.....n....�r......,r,;.......:!....:......,..';c.....r�,....'E.r_....._..._._.--..�._....._.._._...�._._....�.._-...'___.._.___.....,..:�.3i.__._.._.rU .:....:.-...i...` c_:"�= _ ..'F.:,_..: .'.r.,..,�.z.r..L�;..F h_ .—.�.'N6��n:',�`.-...-:.pW._.,.!_.'i_=�'i.;- �_!_x'rP.'ER�,k.'r!•.r{r;r ii.��-'°.:�;1.='rn.—.i'r - :ea: `e. icai .'ii. !�i, ...a._..,NRIM, _Y_J.._ n ...___.!-_i._.__.,3a L_m ._ x_..-.__..,:....... r.. .e..._..�,_r..:......! .......,_ .._...ilr.i........a. r,_..._rr rrr. .i.....:.....:n,...........,.r..........r..._!rr:!r::: ?003 Frederick County Public schools Administrative Assistant to the Superintendent June 3, 2003 Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Pennington: Al Orndorff omdorfa @frededck. k 12.va. us This letter is in response to your request for comments to the subdivision plans of Sovereign Village — Section Three. The public schools have no additional comments at this time. Respectfully Yours, Al Orndorff Administrative Assistant to the Superintendent -JUN 0 5 2003 Copy: William C. Dean, Ph. D., Superintendent of Schools I J` U Robert W. Cleaver, Assistant Superintendent of Administration----------------. ..... Charles Puglisi, Director of Transportation 1415 Amherst Street www.frederick.02ma.us 540-662-3889 ext. 112 P.O. Box 3508 540545-2439 Winchester, Virginia 22604-2546 540-662-890 fax WINCHESTER REGIONAL AIRPORT RVWG THE 491 AIRPORT ROAD SE TOP OF VINM WINCHESTER, VIRGINIA 22602 qoR (540) 662-2422 June 27, 2003 Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Subdivision Comment Sovereign Village — Section Three 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, Serena R. Manuel Executive Director GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T RAN SMITTAL Project Name: Soveriegn Village -Section 3 File No: 2185 Date February 13, 2004 To: FC Planning Attn: Candice Mills Copied From: Kurt Pennington/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ❑ As You Requested ❑ Please Comment Message: Candice, Attached is the following for the above project: -3 copies of the revised site plan -Subdivision Application -Application fee check for $4100 -All Agencies comment response letters Call with any concerns. ,J Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com 4 2 Zoo GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 "-,.'T AL T R.A1\T Project Name: 'SoYerkgnVMige gee. fff File No.: 2185 Date: 12/22/03 To: John Whitacre Attn: Copied: From: Knft Pennington GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: r. Urgent [,-,�-FQr.YouxRr-viev* F-? Yk-ase- Cbnvwm Message: Mr. Whitacre, Please find attached 2 sets of revised Sec. M plans. Note: revisions are clouded on plans. 3���t,��Fw— 'ei�l Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenwaygvisuallink.com r Ati 0 5 2CC'. L Please note: I he subdivision plans associated with this file are located in the library. SIIIIO I V I S I ON #03-04 SOVERP 1 CII VILLAGE #3 It0.(I hill 70 I.OTS