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HomeMy WebLinkAbout20-01 Sovereign Village Section One Red Bud - Backfile (2)Subdivision Checklist 1. Comment sheets from the following agencies, along with any m copies of the plan: (Comment sheets are not required if an approved is associared with this subdivision unless directed by the Subdivision Ad ' strator.) I p CO9//-7/0/ VDOT - — ity of Winchester C77/ �0�d t V Sanitation Authori Health -Department Hepartrrr� Inspec ' s Department Parks & Recreation a�/ Z9` 01 Fire Marshal County Engineer C�BI� �/��� One copy of the subdivision application Date I TRACKING SHEET Application received. t+'Z� Fee paid (amount: $ L Information entered in d-BASE and Reference Manual 30.01 ( JAL- `File given to Renee' to add to Application Action Summary /z // U/ Plat(s) signed by Subdivision Administrator 1 Approval letter to applicant/agent c, 2„ Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual o� Y,SCv File given to Renee' to update Application Action Summary Final plat(s) submitte with rev' age cy signatures along with: Recorded dee � of d dication oa V Bond estimate (if required) $ 00 Q Pti�se .� of Secfcbh.I"W Cs aIJ/f(�J/, � u ec� �z�ll-�� O:\Operations Manual\subdivision.trk 1 �/ Revised. 04/ 1 1 /01 i K Received From J yyr�� Address_ _ Vfl 1-;� a For--L. 0. Date .k Cr ' wd Lk y ACCOUNT AMT. Of. ACCOUNT 3 .M,.,,.r^' r �,� HOW CASH AMT PAID CHECK BALANCE MONEY DUE ORDER � i I a.�r1�� I • .... �� - GQ.- III, ��.,. � j �... ►.,.��, jam• w'�\°��� .y` • �► �t V �'''.�,'/� �� �•r11�1����III APPROVALS: AREA TABULA TION: TOTAL LOT AREAS 9.5506 AC ROAD RIW AREA , Frederick Authority Date /TOTAL OPEN SPACE SUBDIVIDED AREA 14.5786 AC � r Frederick ♦ . ORIGINAL AREA Ir REMAINING AREA J6.4288 AC Va. Dept. of Transportation/11 Date OWNER'S CERTIFICATE THE SUBDIVISION OF THE LAND SHOWN HEREON r IN ACCORDANCE OF THE UNDERSIGNED OWNERS, ••�•• •t1611,11 TP6,11Y r INSET MAP M/ 65-((A))-39 WANDA G. HIGH, ET AS nR RRQ Pr 741 StIVJr lV r 1 % .- ROUTE #657 200 0 100 200 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1 " = 200' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9526 Founded in 1971 www.greenwayeng.com T ARREN S. FOLTZ No.002257 �4 2185 SHEET CURVE TABLE FROM SHEET 8 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 55.00' 44.85' 4J.62' N 21 *OJ'J5" W 46'4J'12" C2 55.00' 44.85 4J.62' N 25'39J7" E 46W'12" LEGEND: BRL = BUILDING RESTRICTION LINE- . = POINT 0 = IRON REBAR SET NOTES, 1. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG ALL STREET RIGHT—OF—WAY LINES AND A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. 2. PRIOR TO THE ACCEPTANCE OF THE ROADS CONTAINED IN SOVEREIGN VILLAGE INTO THE STATE SYSTEM, A- PERMANENT CONNECTION TO THE EXISTING STATE ROAD SYSTEM MUST BE CONSTRUCTED CONSISTENT WITH, THE APPROVED MASTER DEVELOPMENT PLAN. 3. SETBACKS UNLESS OTHERWISE NOTED ARE FRONT = 35' SIDE = 10' REAR = 25' 4. ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT R/W = 40' MINIMUM LOT SIZE 12, 000 SO FT 5. LOTS WITH FRONTAGE ON ROSSMANN BOULEVARD WILL NOT BE ALLOWED DIRECT VEHICULAR ACCESS TO ROSSMANN BOULEVARD FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT FREDERICK COUNTY VIRGINIA SCALE: N/A I DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151. WINDY HILL LANE Engineers TEIWpxoNER(540) 6B284185 Surveyors FAX: (540) 722-9528 'ounded in 1971 E-MAIL- www.greenwayeng.com t%/ DARREN S. FOLTZ No.002257 3 CURVE I RADIUS I ARC CHORD CHORD BEARING DELTA ANGLE C 1 I 43.00' 70.99' 1 63.20' N 17'27'20" W 94'35' 18" ROSSMANN BOULEV/ARD 80' R/W SEE SHEET 12 W-1 75 N 29'50'19" E- w 68.22 v � O V L I � O 74 • 2 >- r W 73 h� 50 0 50 GRAPHIC SCALE (IN FEET) 1 1rtl N 29'50'19 91 " E- G 108. \ \ 15' WWERUNE ESMT. \\ ►\ ' BR \ .\ N ' J 15322 SO. Fr m o 201�`W`\\ \\\ \ \ 10' BRL T\ � � \ 20' SAN. SEWER ESMT. mN 2 12710 SQ. FT N \ 10' BRL \ \ S 25' 15'0" W \ \ 155.00' \\ ; F 10' BRL N� m N m O 12710 SQ. FT. \ \ 10 BRL S 25' 15'011' W . L \ \ 155.00' 10 10' BRL J JN 4 m o m 12710 SQ. FT. 20' STORM DRAINAGE \ \ E4SEMENT \ \ 10 10' BRL :. 'S 25' 15 0 W FINAL SUBDIVISION PLAT 5 SOVEREIGN VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1 " = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERIN( 151 WINDY HILL LANE Engineers WINCHESTER., VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 4 on, www.¢reenwayeng.com O v 14 J{ � w 13 TH OFTr�i DARREN S. FOLTZ No.002257 21 sUxxVI�� 13 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 750.00' 68.35' 68.32' N 56'24'37" W 05' 13'17" C2 750.00' 8.47' 8.47' N 53'28 34" W 00'38'50" C3 1200.00' 242.89' 242.48' N 58'57 04" W 1 f 3551 " C4 1225.00' 47.21 ' 47.21 ' N 63'3847" W 02' 12'30" C5 1 1225.00' 79.79' 79.78' N 60'40'30" W 03'4355" C6 1225.00' 61.68' 61.67' N 57'22'01 " W 02'53 06" C7 43.00' 66.61 ' 60.15' S 79'41 '49" W 8845 26" C8 43.00' 71. 11' 63 28' S 12'03 21 " E 94 '44 53" C9 43.00' 64.57' 56.68' S 7820 22" W 86'02'34" 3 SEE SHEET 11 •� rn 72 71 70 SEE SHEET 10 r7ZZ. 10/ ?D 50' x F-20' STORM SEWER ESMT. i'1501" E 55.00' BRL 14� 10' m � o N � 12939 SQ. FT. L f0' BRL N S 2705104 " W 155.99' 10' B,_ mN 6 13447 SO. FT. N 1O' BR ��30 43 22 W ---- - 160.13' 10' BRL m • $N -7 v _ EVE 4 S 35•19 , 69 28 • w o �G N (7 NY s 10 LQ C Fly 16820 SO. FT �O h A' zol S`3'S�9'6 �-Jm 50 0 50 --s 5 55 p 4E- " - * .5' 04 GRAPH/C SCALE S 42 39 45 �-- PHASE TWO (IN FEET) 51.06' FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE THE SECTION ONE —PHASE ONE 4 RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA DARREN S. FOLTZ SCALE: 1 " = 50' 7 DATE: OCTOBER 12, 2001 No. 002257 GREENWAYYENG NEERING a ot Engineers 11INCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 i,.,.— f—f ter_ 1071 www.greenwayang.com 2185 SHEET 5 OF CURVE RADIUS ARC CHORD CHORD BEARING DELTA C1 7639.44' 458.33' M.26# S 64'47'03" E 03'2615" C2 7674.44 60.26' 60.26' S 66'16'41 " E 0 L727 00 C3 7679.44 60.30' 60.30' N 66'16 41 W 06727 00 C4 400.00 82.76' 82.61' N 6452 15" W 11'51 15" C5 400.00' 33.38' 33.37 N 56'33 12" W 04'46 50" C6 . 790.00 145.97' 145.76' S 59'27'23" E 10'J5 12" C7 425.00' 78.05' 77.94' S 6439'22 E 10'31 18 C8 425.00' 38.81' 38.80' S 56'46 45" E 05'13 56" C9 765.00' 44.16' 44.15' S 55'49'00" E 03'1827 CIO 765.00' 97.19' 97.12 S 61'06 36" E 07-16 45" C11 43.00' 80.39' 69.18 N 18'14 28" W 107'O7'08 N " V� W00 olI•. cL V to 2 �IIo o 2 � 2 L OS W �o z� 1 S 23'5649" 5.00' SEE SHE N '25' 15'01 IN E 177.18' 10' BRL 10' GASUNE ESMT. 58 mi 15020 SO. FT. --�0, BRI N 32 31 46" E_j 1 170 f0' B L 57. 13871 SO. FT. % , _ 10" BRL N 30'36'18"'E 15441— 10 BRL1. 10' GASUNE . ESMT. 56, xW �m o 13950 SQ. FT. co `� N aa N b, co �° _lot �WJ a 59 v� 2....... . 20-04 S 153.08' 20' O V 79 .; 69 i 44 N JX52450 E y 55 51.69' 50 0 1 50 PHASE ,THREE GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WMDY HU L LANE Engineers WINCHESTER. VA. 22002 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 ltwmAAff 4YL tsryf E-MAIL: www.areenwaveng.com TH OF / wK-+--c,J - -7- ARREN S. FOLTZ No.002257 185 SHEET 6 OF 13 �L SEE SHEET 8 C� 3 iol 62 N o A�-�" / 13 94 (y� to. 4z14414 SO. FT. ce °° " 20 01 O \ � IS" W Q LIO'BRL N QIJs3 3 N 25'15'O1" E I o= I io 16Z lJ' Cl 10' BRL 10'� UNE � o Z I Q N 14862 SQ. FT 80.00' 10' BRL J 20' 40.00' ROAD EFF. N 25' 15'01 " E w W BUFFER 179.75" Of 3 � 1 D-` BRL �I o Z I V I o o 59 m� 4 rn "� 14991 SQ. FT. Itow r^ 2 Z 10' BRL v S 25' 15'01 " W 177.18' y Q ' I 58 50 0 50 SEE SHEET 6 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN, VILLAGE SECTION ONE —PHASE ONE 10, RED BUD DISTRICT FREDERICK COUNTY VIRGINIA �'DARREN S. FOLTZ SCALE: 1 " = 50' DATE: OCTOBER 12, 2001 No.002257 WIND/j!7N. GREENWAY YENGINEERING HILL LANE Engineers WINCHESTER. VA. 22602 q Surveyors TELEPHONE: (540) 662-4185 Ste' FAX: (540) 722-9526IL: Founded in, 1971 E-MAwww. reenwayeng.com 2185 SHEET 7 OF 13 JW CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 55.00' 68.76' 64.3T S 80'14'08" E 71'3T54" C2 25.01 22.38' 21.64' N 89'32'51 " E •51' 16 39" F HEET 12 WATERLINE SEMENT o'jo' w 0.55% W W o � I �o tn O ;7 cv Q I SEE NOTE 5 J SHEET 3 O� 55.0' 55.0' 50 0 50 GRAPHIC SCALE (IN FEET) SEE SHEET 9 WATERLINE ESMT. ""(10.8) 64 n S¢ 0 S8. �0' m eR� 0 om 1242.3 SO- FT ti CURIE TABLE SEE SHEET 3 15' X 20' SAN. SEWER EASEMENT tll", (F. - B\ 62 \2057 SO. FT- m U S 66'30' 11 " E y •'o ,6'4 58.19' 1(24.9 _. �. � R%W N 66'30 11 " W 400.00 0 N 64'0222" W 116.34' () ).73') N 29'50'19" E 36.29 SENSENY ROADNRTE• 657 FINAL SUBDIVISION PLAT S 61'5726" E 6, 09' SOVEREIGN VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT — FREDERICKCOUNTT; VIRGINIA SCALE: in = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HELL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIU www.greenwayang.com OPEN SPACE "A" IN ti\ w RREN S. FOLTZ No. 002257 2185 suvl� CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 55.00' 44.85' 43.62' S 72'2249" W 46'43'12" C2 55.00' 67.99' 63.74 N 48'50'47 W 70'4937" C3 25.00' 7.79' 7.76' N 22'21 ' 19 W 17 51 '08" C4 25.00' 14.60' 14.40' N 48'00'52" W 33'2756" ROSSMANN BOULEVARD VARIABLE WIDTH R/W SEE NOTE 5 1•37'S3" E N 29'50'19" E SHEET 3 N — 33.3 9 15' WATERLINE-1 ESMT. 64 63 �+� 21251 SQ. FT. 15' X 20' SAN. 10' GASLINE ESMT. SEWER ESMT. '"r ems, 'o� 62 r L - 1 V 61 w O 60 V { Q N 59 { 50 0 50 co GRAPHIC SCALE z (IN FEET) 0 2, N /10 � J J 65 m o 15967 SQ. FT. h � o 10'-BRL o S 29' 14 03 W 177.35' 10' BRL 66 m p t 14461 SO. FT. N a 10' BRL S 29' 14 3 W 180.50, 10' BRL mo 67 14399 SQ. FT. N 10' BRL S 29' 14' 0 W FINAL SUBDIVISION PLAT 179.48' SOVEREIGN VILLAGE SECTION ONE —PHASE ONE RED BUD DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHES=, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9526 bunded in 1971 E-MAIL: www.greenwayeng.com 76 75 Lw- P. FA 74 73 72 DARREN S. FOLTZ No.002257 suRt�o CURVE RADIUS ARC LENGTH CHORD, LENGTH CHORD BEARING DELTA ANGLE Cl 1200.00 242.89' 242.46' S 58'57'04" E l l'35'S 1" C2 790.00' 145.97' 145.76 N 59'27'23" W 10'35'12" C3 1175.00' 64.40' 64.40' S 57'3839" E 03'0826" C4 43.00' 68.59' 61.55 S 10'2240" E 91'2331 " C5 4.3.00' 66.17' 59.83' S 79'24 00" W 88'09 48" C6 815.00' 60.42' 60.40' N 58'38320 W 04'14'50" C7 815.00' 56.67' 56.66' N 62'45'28" W 03'59'02" YFARING DRI V Cl E 50� R�,,j, N 19c3 &E • 41i'40 / 4J22 15' Esmr 35 AWL I 1201 � .� W 10' GASUNE ��/ 6 kg _ E'SMT. I 71 o I^ 70 n 16830 SO. n 50 0 50 Io h h; -C ,, ^ GRAPHIC SCALE !� (IN FEET) 25' BRE j S 64'01 '39" E 92.64 : w'* 10' ORA/NAGE ESMT. r 2 BRL 25' BRL J / co 67 .o 0 14342 SO. FT. o 20483 SQ. F7: .00m m Af 109 35' BRL J c - BRL /J / �18'39" 1673/�i� iT%i%15.0023.36 ' Gy C7 C6 ' VAN GOUGH TERRACE so' R w N 64'44'59" W C2 / FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE —PHASE ONE RED BUD ' DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: i " = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERIN 151 WINDY HR L LANE Engineers WINCHESM. V& 22602 Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9528 971 E—MAIL: www.areeIIwavwm.com TH ARREN S. FOLTZ No.002257 to CURIE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C 1 1200.00 242.89' 242.48' 'S 5857 04" E 11'35'51 " C2 1175.00 33.50' 33.50' S 63'55 58 E 01'38'01 C3 1175.00' 80.01 ' 8O.00' S 61'0954" E 03'54 06 C•, M. 74 N 29'50'19" E 179.89' 10' BRL �m 73 N IN 14385 SO. FT. 10' BRL �) N 29750' 1 ' E 81 0.90' 10' f0' BRL I 72 0 14466 SO. F IT. N 10' a4SUNE ESMT. 10' BRL N 29'S0'19" E 181.43' a °p 71 N m o IN 14388 SO. FT. I 0 r j 10' BRL S 29'50'19" W 177.43' l0] 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN -VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT — FREDERICK COUNTY, V/IRGINIA SCALE: 1 " =SCALE: 1 " = 50'IDATE: OCTOBER 12, 2001OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 FAIL (540) 722-9528 ounded in. 1971 E-MA17 www.greenwayeng.com I 3 . I 4. 5 6 I 1 DARREN S. FOLTZ No.002257 �Lft SuRvji!�O 2185 SHEET 11 OF 13 O N CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 43.00' 64.10 58.33' N 72'32 40 E 8524 42" C2 43.00' 70.99' 63.20' N 17'27 20 W ' 94'35 18 C3 43. 64.10' S8.33' N 72'32 40 E 85'2442" C4 43.00' 70.99' 6320' S 17'2720 E 94'3518" TM 65—((A))-39A W REMAINDER c W N 644459" W 13. 75 PPP' N 60'09'41 " W 44.4'-� N 60'09'41 " W 30.0 1--- y 10' GASUNE ESMT.- N 29'50'19" E 174.84' (15.97 (g 7) ROSSMANN BOULEVARD o� W 64 N 29'50' 19 " E 683.15' VARIABLE WIDTH R/W (1o2.$) zo' (8 136.85' 5' WATERUNE ESMT. i R J � � N v I 65 Z 35' BRL f0. 76 18278 SO. FT. 10' BRL _ N 29750'19" E 177.87' _ f0' BRL 75 14224 SO. FT. lo' rwoi" E\ SEE SHEET 13 50.00' \ \ 3 rn lug W�. ja Ito 9.3') n 7 Or . M 10' BRL N 29'50'-f E WON - inu f 10' BRL vi LLJ 74 o mI IJ m N 14305 SO. FT. M 10'' N N I 66 10' BRL S . 29'50'19" W - 50 0 50 179.89' GRAPHIC SCALE .. ---• 73 FINAL SUBDIVISION PLAT ,SOVEREIGN VILLAGE SECTION ONE -PHASE ONE RED BUD DISTRICT — FREDERICK COUNTY. VIRGINIA SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HELL LANE k4wEngineers WINCHESTER. VA. 22602 Surveyors 'TELEPHONE: (540) 662- 4185 FAX: (540) 722-9526 Founded in 1971 E-MAIL www.greenwayong.com n ` �S 64'4459" E 24.66' cam, W R N 29ko 50'19" E 9 66.22' � o— co l cn W 1 W I� o m� �. 4j 2Q0' p' W N� �l 3 I h I J DARREN S. FOLTZ No. 002257 12 OF 1 U EX. SAN SEWER EASEMENT DB 483 PG 380 TM 65—((A))-39A REMAINDER TRACT 20' DRAINAGE EASEMENT N 20'06' 17" W 71.95 20' WATERLINE ESMT. 10' GASLINE oq ESMT. tri N SEE SHEET 12 L. _ ROSSMANN BOULEVARD FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE TM 65—((A))-39 WANDA G. HIGH, ETALS ZONED: RP USE.- AGRI 20' SAN SEWER EASEMENT SEE SHEET 12 I 60 0 60 GRAPHIC SCALE (IN FEET) SECTION ONE -PHASE ONE RED BUD DISTRICT - FREDERICK COUNTY, VIRGINIA VIRGINIA: FREDERICK COUNTY, SCT. OCTOBER 12, 2001 This instrument of writing was produced to me on ENGINEERING at ��rri20 N-s4l DY HILL IANL :ind with certificate of acknowledgement thereto annexed = VA. 22602 was admitted to record. Tax imposed by Sea 58.1-802 of : (540) 682-4185 40) 722-9528 $ , and 58.1-801 have been paid, if assessable enwayeng.com THOFj,'v0%q DARREN S. FOL1Z No.002257 13 OF 1 Clerk ritrfLuly » VVI/M rnt rr<tc uurv->crvr AND IN ACCORDANCE WITH THE DESIRE Acknowledged before me OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. this ` ^ day of V/ ry►° 2001. FnR - MANNINr. A, Rn_SS. 1 / C 11 — . . — . s—_ e _ __ i INSET MAP TM.j 65-((A))-39 WANDA G. HIGH ETALS ++' DB 889 PG 741 I SENStIVT t�vn� ROUTE #657 i z 200 0 100 200 ANN— GRAPHIC SCALE (IN FEET) INSET MAP SOVEREIGN VILLAGE SECTION ONE -PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 200' 1 DATE: OCTOBER 12, 2001 /tN GREENWAY ENGINEERING 151 WINDY HILL LANE 144WEngineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in, 1971 E—MAIL: www..greenwayeng.com DARREN S. FOL No. 002257 2185 SFIEET 2 OF 16 LEGEND. BRL = BUILDING RESTRICTION LINE = POINT U = IRON REBAR SET NOTES, 1. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG ALL STREET RIGHT-OF-WAY LINES AND A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. 2. PRIOR TO THE ACCEPTANCE OF THE ROADS CONTAINED IN SOVEREIGN VILLAGE INTO THE STATE SYSTEM, A PERMANENT CONNECTION TO THE EXISTING STATE ROAD SYSTEM MUST BE CONSTRUCTED CONSISTENT WITH THE APPROVED MASTER DEVELOPMENT PLAN. J. SETBACKS UNLESS OTHERWISE NOTED ARE FRONT = 35' SIDE = 10' REAR = 25' 4. ALL LOTS ARE SINGLE FAMILY DETACHED - URBAN MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT R/W = 40' MINIMUM LOT SIZE = 12, 000 SO FT 5. LOTS WITH FRONTAGE ON ROSSMANN BOULEVARD WILL NOT BE ALLOWED DIRECT VEHICULAR ACCESS TO ROSSMANN BOULEVARD FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE T SECTION ONE -PHASE TWO f RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA vDARREN S. FOLTZ SCALE: NIA DATE: OCTOBER 12, 2001 No.002257 lo GREENAYYENGINEERING Engineers WINCHE�STER. VA. HELL 22602 �O Surveyors TELEPHONE: (540) 862-4185 FAX: (540) 722-9526 Founded in 1971 E—MAIL: www.greenwayeng.com 2185 SHEET 3 OF 16 , CURIE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 300.00' 125.15' 124.25' S 54'01 '07" E 23'54'09" C2 400.00' 76.52' 76.40' S 47'32'51 " E 10'5736" C3 275.00' 62.90' 62.76' S 59'25'03" E 13'06'17" C4 275.00' 51.83' 51.75' S 47'2759" E 10'4752" C5 425.00' 20.98' 20.98' S 43'28'53" E 02'49'41 " C6 43.00' 60.20' 55.40' S 04'47'19" E 80012'50" CNE7" TERRACE 50' R W " Cl CZ 28 0 C3� � � C4 CS S4N. SEWER ESMT. �6+ 35' BRL 35 R�-►. 110 �� { 1 112 1 W 9 8 A M 12592 S0. FT. ^ oI N 10 o , I � 15789 .50. FT. N ,m � m� O 0 14.4 Z 25= RLJ L 25' BRL J O SHEET 6 40.34 5.96 101. 84' 64.44,59" w N 53'35'59 ". W 127.80' (� 3 I N � � I 6 7 �) WINAlly-WObT1-1 S 56'54'30" E 50.04'� 50 0 5o wA�,FAR/NG DRI GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECT/ON ONE -PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY V/IRGINIA SCALE: 1 " = 50' I DATE: OCTOBER 12, 2001 25.02' 25.02' NI GREENWAY ENGINEERING 151. WINDY HELL LANE Engineers WINCHES=, VA. 22602 Surveyors TELEPHONE: (540) 862-4185 FANG (540) 722-9528 Founded in 1971 E-MAIL: www.greenwayeng.com 2 34 50' RIA DARREN S. FOL No.002257 r�L4b 1 CURVE RADIUS CHORD I CHORD BEARING DELTA ANGLE Cl 55.00' -ARC 39.96' 39.09' 1 N 83*32'34" E I 413743" C2 25.01' 22.38- 21.64' 1 N 881 938 - E 51'16'39" KA 4 5 4 14 li 20.00' N 24*01'48" E 55- 124.29' 10' BRL 6.72' 10' x 10, GASLINE � ESAM 12 12015 SO. FT J 10' BRL 24 N '01'48 E--.' ..... ............... 20' DRAINAGE(2.3) 10' BRL ESMT Im 1 pm . + 12490 SO. Fr (� \� � 10BRL N _24'6_1_;4_87'E 156.98' 0 16'�� L 40 10 Q'0 C4 Q) co 12627 SO. FT Q; L 10' BRL S 24tF1'48v W 158.69' 50 0 50 (19.57 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT 16 30 17 SOVEREIGN VILLAGE SECTION ONE -PHASE -TWO RED BUD DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers TLEWPHOHNEST: 540V62-042185Surveyors $ FAX: (540) 722-9528 'ounded in 1971 E—MAIL: www.grcenwayeAg-com 18 TH Ok DARREN S. FOLTZ No. 002257 1� Ve 185 SHEET 5 OF 1 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C1 55.00' 44.85' 43.62' S 43'57'00" W 46'43'12" C2 55.00, 45. 11' 43.86' S 02*54'26" E 465942" C3 55.00' 47.27' 45.82' S 51 '01 '26" E 49' 14' 17" �JK D. 80' CRESS/EGRESS ESMT. 40.00' 40.55' to W ") Z 40.55' 16 s �3r , t� Z 15' X 20' WATERLIN �, ^ r C EASEMENT g I J 3 16239 SO. FT. 10' GASUNE LS 0,fl __ES T . 6.� E 142.57 "' 10' BRL 0 °Cm O 0 i ra 14 (AJ ' 20770 SO FT. MONET TERRACE o� 50' R/W 17.99' / �0 46417" W 3 BRA 33 to N r� , 0� DcK jr 10'a ' lb��`�N 13007 SO. F7: �� N L25' By - 25' BRL 20' SAN. SEWER - 20' DRAINAGE f 0 EASEMENT ' EASEMENT N 64'44'S9" W :N 6444 9" 1 16.79' ~'-- S 60'09'41 " E 80.00, to S 69'3657" E 81.10' FINAL SUBDIVISION PLAT 2 PHASE ONE 3 50 0 50 GRAPHIC SCALE (IN FEET) SOVEREIGN VILLAGE SECTION ONE —PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (640) 682-4185 FAX: (540) 722-9528 in 1971 E-MAIL: www.greenwayeng.com DARREN S. FOL No.002257 12 21 N, CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 55. DO' 44.85' 43.62' N 89' 19'48" W 46'43 12" C2 55. 00' 49.26' 47. 63' N 40' 18'41 " W 51,19 01 " C3 25.00' 22.39' 21.65' N 40' 18'31 " W 51' 19'06 11 14 I I I 15 I 15' X 20' WATERLINE ESMT: A d 1 16 "I 15203 SO. FT. N I � w1^ 20 10' GASUNE UESUT�W 10' BRL Q S 24'0148"W 123.00' j' C' 10' SRL �. C,ry � Q O A2 17 Dv' vJ N 12083 SO. 10' SR l '' :• :..:.:.:: :153.00 10' ,BRL o w _o 18 p a m O 0 m 12240 SO. FT. °0 N 10' BRL S 24'01 '48 W 153.00' 50 0 50 19 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE TH SECTION ONE -PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA ARREN S. FOLTZ SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 No.002257 GREENWAYYENG Hal ENGINEERING � Engineers WINCHESTEB, VA. • 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: www.greenwayeiM.com 2185 SHEET 7 OF 16 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 300.00' 125.15' 124.25' N 54'01 '07 W 23'54'09" C2 375.00' 2.31 ' 2.31 ' N 42' 14'38" W 00'21 '11 " C3 325.00' 84.57' 84.34' N 49'31 21 " W 14'5436" C4 325.00' 51.01 ' 50.96' N 612826" W 08'5933" V 8 2, Vry 18 N 24'01 '48" E 153.00' 10 e�� m� 19 12699 SQ. FT. N L10' BRL S 24'01 '48" W 153.00' 10 Br RL 20 o o 12766 SO. FT. L10' BRL S 24.01 4,6UW 156.99' 10' BRL 21 m �; P 13693 SO. FT. N ao 10' GASUNE Esur 10' BRL S 24'01 4 " W 181.80' FINAL SUBDIVISION PLAT 22 0 N ri Q LQ 00 pp �Zoz � 3 N 50 0 50 GRAPHIC SCALE (IN FEET) SOVEREIGN VILLAGE SECTION ONE —PHASE TWO RED BUD DISTRICT — FREDERICK COUNTY VIRGIM SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERIN, 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 862-4185 FAX: (540) 722-9528 fwj-"AQ/f iwL !Q71 E—MAIL www.QTBenwayenx.com 21 ,TH OF ARREN S. FOLTZ No. 002257 s` CURVE RADIUS ARC CHORD CHORD 8MRING DELTA ANGLE Cl 400.00 255.08' 250.78' N 71' 17 47" W 36'32'15" C2 3 75. 00 83.15' 82.98' N 74'47'38 W 12*42717" C3 375.00 83.36' 83.19 N 62'0423" W 12'44'13" C4 375.00' 86.94' 86.75 N 49'03'45" W 13' 17 03" C5 400.00 76.52' 76.40 N 47'32 51 W 10'57 36 50 � - R//y FINAL SUBDIVISION PLAT 50 0 50 GRAPHIC SCALE (IN FEET) SOVEREIGN VILLAGE SECTION ONE -PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1 " = 50' 1 DATE: OCTOBER 1 Z 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WI NCHESTER. VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9526 971 E-MAIL: www.greenwayong.com TH 0i ARREN S. FOL No.002257 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C 1 400.00' 255.08' 250.78' N 71' 17'47" W 36'32'15" C2 375.00' 55.10' 55.05' N 85.21 '21 " W 08'25'08" C3 25.00' 22.39' 21.65' S 6446'33" W 51 ' 19'04" C4 55.00' 33.23' 32.73' S 56'25'32" W 34'37'01 " C5 55.00' 56 19' 5177' j N 77*00'02" W 58'31 '50" C6 55.00' 44.85' 43.62' 1 N 24.22'31 " W 46'43'12" i 24 20k4§DEM NT £ — - 1 yy.y�M-7 (106-6,49 25 m Ef, \ J 15068 SO. FT. " C9 0 5 ti �5 �g ; A0 QO c� 10' GASLINE Z O � wESMT. m ,6�� �o IO r7 N 550 �"26 " I12029 SO. FT. LU 10' a •I 10 R 'Coo 29 15' x 20' WATERLINE 2 7 EASEMENT 7i c i 4�o`w c 17606 SO. FT. If 28 cp`` \-25'BRL 50 0 50 GRAPHIC SCALE TM# 65-((A))--40 (IN FEET) DB 789 PG 1022 FINAL SUBDIVISION PLAT 84.81' S 28'32 3-0 W FU-SHEP FARM PARTNERSHIP ZONED: RP USE.• VACANT SOVEREIGN VILLAGE SECTION ONE -PHASE TWO RED BUD DISTRICT — FREDERICK COUNTY. l/lRGINIA SCALE: 1 " = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER. VA. 22602 Surveyors TELEPHONE: (540) 682-4185 FAX: (540) 722-9528 Dunded in 1971 E-YAIL: www.greenwaveng.com ,m OF ARREN S. FOLTZ No.002257 FuOJAWIM CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C 1 55.00, 44.85' 43.62' N 22'20'41 " E 46'43' 12" C2 55.00' 44.85' 43.62' N 69'0353" E 46'43'12" C3 55.00' 47.35' 45.90' S 6254 41 " E 49' 194 f C4 25.00' 22.39' 21.65' S 63'54'23" E 51'19'04" 39 rn 7 IAM 31 SW SEWER EASEMENT N -- _9_ " E 148.94' —�� FO BRL ( 30 I m 120,64 - SO. v 10' BRL N 02'25 29 FT. Ay 10' 1 E r ESMT. N � 1" 29 I12930 SO. FT. \ 0'<0 , �\ 9.6' 119.29' 10' BRL 10'a4SUNE TOe 6S` S ?83 `'`�O a ro 102? 50 0 50 GRAPHIC SCALE (IN FEET) �N 15' x 20' SW. SEWER EASEMENT N 28 12314 SO. FT. °p \ I� ?ems.A& �1 S �9 �A ZpN' 9R SNP FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE —PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 10 = 50'1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HIM LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 47P'AM (540) 722-9528 mnded in 1971 E-MAIL: www.areenwavenR.com 21 15' x 20' WATERUNE EASEMENT 27 25 w e V, DARREN S. FOL No.002257 26 Suo�o 1 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C 1 400.00' 255.08' 250.78' S 71' 1747" E 36'32'15 C2 43.00' 62.34' 57.03' N 76'51'15" E 83'04 18" C3 425.00' 56.38' 56.34' S 65'2438" E 07'36'03" C4 425.00' 74.01 ' 73.91 ' S 74' 11 '58" E 09'58'38 C5 425.00' 76.97' 76.87' S 84'22'36 E 10'22 38 7 8 ? ZZ N 35•�9 O, 15 22 10' GASLINE ESMT. � N 34 � 1� .�' 202 _ 33 .h • , 23 — �ry 15899 SO. FT. 3 I o L� 0' � 35 .o N 20'4721 " E h 145.06' I � cV 10 BRL � r - 32 w 24 `` �-- N 12418 SO. FT. N cOo 100 19R L� 144.82 SRL Noc 25 o 12719 SO. FT. � o 37 Z S O44 9.4� _ 50 0 50 " W 30 '�9001 89GRAPHIC SCALE N 13.48 (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECT/ON ONE -PHASE TWO . RED BUD DISTRICT — FREDERICK COUNTY VIRGINIA DARREN S. FOL SCALE: 1 " = 50, DATE: OCTOBER 12, 2001 No. 002257 /J!7\ GREENWAYYENGINEERING HELL LANE \47Engineers WINS=, VA. 22602 �� SU�O� Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9526 Fouacded Tac 1971 E—MAII.: www.greenwayeng.com 21$5 SHEET 12 OF 16 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 750.00' 447.75' 441.13' N 76'07'25" W 34' 12' 19 it C2 725.00' 91.80' 91.74' N 76'0233" W 07'15'19 C3 725.00' 91.14' 91.08' N 68W O12'10 T'48'48" C4 725.000 73.16' 73.13' N 62119'15" W. 05'46'55" C5 43.00' 71.11 ' 63.28' N 12'03'21 " W 94'44 53 C6 750.00' 68.35' 68.32' N 56'2437" W 05013'17" `l1 r N 42'3945" E 51.06' -- 43 PHASE ONE 7 S 5Sp p¢ ONE .N — — � 8 6928• 589 h ,5• IV Y50-9 Os £ _E SD v Gy N Egs�TNE 280,80. 106 73' \ ;- ----_ \\0 358R4 w \ � � 00 .4200 ` 34 m::5 16101 SQ. FT. \; h 10, BRL \ \ 2 S 25'22 19 W 42 157.19' h \\\-- ` 35 v ; ; \; N 12710 SQ. FT. N IO L © W 41 \ 1 50.6 6 \ \ \ 10 gRL m cam 36 6 N 12574 SO. FT. Q \ SCR I0� RL 40 i 15 00• 1 FINAL SUBDIVISION PLAT 33 -6 32 31 50 0 50 37 MMMMLGRAPHIC SCALE (IN FEET) S01/EREIGN VILLAGE SECTION ONE —PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: I" = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 *INDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9526 aunded in 1971 E—MAIL: www.greenwayong.com TH OF DARREN S. FOL No.002257 2185 SHEET 13 OF 16 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C 1 750.00' 447.75' 441.13' N 76'0725" W 34' 12' 19" C2 725.00' 80.66' 80.61 ' S 895739" W 06'2227" C3 725.00' 90.88' 90.82' N 83' 1540" W OT 10'56" 40 I OUT PARCEL 1 l I ' 1 t � 50 0 50 GRAPHIC SCALE (IN FEET) 36 155 0 "`-'- a 1O B �W m 37 m N 12531 SQ. FT. N 04011,03 151.08 _. o 10 BRL � a 38 m apa 12494 SO. FT. a L�1-0_ BRsr____ 1 1000 26 ___ 05 W 149.06' 10' BRL J9m i 14610 SQ. FT. N i S 2 ,Ql O \?pNZ� 11 All ! t A FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1 " = 50' DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHES=, VA. 22602 Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9528 ounded in 1971 E-MAIL: www.streenwayanx.com 31 30 VA DARREN S. FOL No.002257 CURVE RADIUS ARC CHORD CHORD BF-MING DELTA ANGLE C 1 750.00' 44Z 75' 441.13' S 73 30'47" E 34' 12'19" C2 775.00' 169.34' 169.01 ' S 86'58'00" E 12'31 ' 10" C3 775.00' 85.04' 85.00' S 77'33'48" E 06' 17' 14" 47 to, STORM DR,g/M SASGE- 41 EMENT N 14-45,080 E- et. cV o � 10 BRL 40 48 moo.. 12607 SQ. FT. m� \-10 BRL S 09' 17'35" 1 AREA RESERVED FOR .. •. STORMMATER MANAGEMENT" POIdO.: `•`' `: ': :OUT PARCEL : 44009 SQ. F1: *.' ,': ``.:'' '::' -..-..-". 3S ? 0 /O �83' •: 50 0 50 GRAPHIC SCALE (IN FEET) 2pNFr R,o p'gRl USF: Vq'Qsh�io ANT FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECT/ON ONE -PHASE TWO RED BUD DISTRICT - FREDERICK COUNTY VIRGIN/, SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERIN 151 WINDY HUI LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 862-4185 FAX: (540) 722-9528 e»mARd in fQ7f E—MAIL: www.areenwaveng.com ksl r r ARREN S. FOLT� No. 002257 F•�����:lXa'iF��l�h lk , , k CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C1 750.00 516.10' 505.97' S 73'30'47" E 39'2536" C2 43.00' 64.57' 58.68' N 78'20'22" E 86'02'34" C3 775.00' 60.30' 60.29' S 60'52'06" E 04'27'30" C4 775.00' 76.57' 76.54' S 65'5540" E 05039,401, C5 775.00' 76.57' 1 j 76.54' S 71 J521 " E 05'39'40" C6 697.43' 68.30' 68.27' S 56'32'51 " E 05'36'40" PHASE ONE 69 70 N 35,19,/Q/+/E' SO, 6 34 _15 WAr , 408 LTNE 13'•z2'� --� 44 N N 45 46 N 47 Z r'J5B 2m1 G4SL/NE FSMT. 1. 43 j I 18120 SO. FT. N 2654' 10 " E 158.99' 10' 81i 1 42 i12922 SO. FT. M 10' BRL ,� N 21'14r'29 ...." 149.64' ---r �0' BRL W41W m 12646 SO. FT. I o �01 10' o W S 14*45�''" 149.51 v r v 34 20' � I a IV`J I eh QW Uj 35 1 36 50 0 50 40 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE TWO RED BUD DISTRICT — FREDERICK COUNTY. VIRGINIA SCALE: 1 " = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 mnded in 1971 E-MAIL www.areenwayeng.com REN S. FOLTZ No.002257 OTC vromA V, r, / / �I ,-�� ,, � tea'►. � � � ��' •'�''' �m «� ry /lr.• c I •♦-♦ V .�'� :.-..fit �� ..� �.; �:;� -� !�//� "� �c %.:': �� ''•'• �\ j+\ � �1' �� � . !�, ♦ �: Vw`+"� ♦ ,. ice.. ��r �� I�\ APPROVALS.- AREA TABULA TION: TOTAL LOT AREAS J. 9982 AC 0 ry INSET MAP WANDA G. HIGH ETALS DB 889 PG 741 SENStIV r mLlmu ROUTE #657 200 0 100 200 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE THREE RED BUD DISTRICT - FREDERICK COUNTY. VIRGINIA SCALE: 1 " = 200' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HELL LANE Engineers WINCHESTER, VA. 22602 Surveyors 'TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Fouacded tin 1971 E—MAIL: www.greenwayeng.com TH Of > I t ARREN S. FOLTZ No.002257 suo�o LEGEND: BRL = BUILDING RESTRICTION LINE = POINT 0 = IRON REBAR SET NOTES. 1. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG ALL STREET RIGHT—OF—WAY LINES AND A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. 2. PRIOR TO THE ACCEPTANCE OF THE ROADS CONTAINED IN SOVEREIGN VILLAGE INTO THE STATE SYSTEM, A PERMANENT CONNECTION TO THE EXISTING STATE ROAD SYSTEM MUST BE CONSTRUCTED CONSISTENT WITH THE APPROVED MASTER DEVELOPMENT PLAN. 3. SETBACKS UNLESS OTHERWISE NOTED ARE - FRONT = 35' SIDE = 10' REAR = 25' 4. ALL LOTS ARE SINGLE FAMILY DETACHED — URBAN MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT R/W = 40' MINIMUM LOT SIZE = 12, 000 SO FT FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE -PHASE THREE RED BUD DISTRICT — FREDERICK COUNTY VIRGING SCALE: N/A I DATE: OCTOBER 12, 2001 GREENWAY ENGINEERINI 151 WINDY BILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 862-4185 FAX: (540) 722-9528 aunded in 1971 E-MAM www.greenwayeng.com T F ARREN S. FOLTZ No.002257 c CD tV Z 0 CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 400.00' 26.4 1' 26.4 1' N 72'41 '22" W 03'4659 " C2 375.00' 18.20' 18.20' N 73' 11 '27" W 02'4649 " C3 43.00' 80.39' 69.18' N 18' 1428" W 107'07 08" C4 400.00' 82.76' 82. 61 ' N 64.52 15" W 11 '51 15" 56 S 20'04 153.08 55 69 — 70 F44.08,5• _ OR/�E' 35.19.06" E 501.9 3 WATERLINE 25.90' ` ^ S' 10 2O• 1 '. 15.27' C 1 BRC N �- vv ., E4SE,y NNE '1 5 ••• � v . h ef- • 00 i� 100 tp N 44 17399 SQ. FT. N A Uj ?� �t ` 10' BRL 10_'B 20' DRAINAGE ESMT. 45 ado V� N 12997 SO. FT. N 1 rQ 54 10 BRL ___ 1 A I ti --- 15'37' S 18 158.29_ y tU 1 p BRL 4, a ca 12676 SO. FT.Ln N o 10BRL 03 W--zr-� 154.26' Z Q47 1 FINAL SUBDIVISION PLAT 43 42 50 0 50 GRAPHIC SCALE (IN FEET) SOVEREIGN VILLAGE SECTION ONE —PHASE THREE RED BUD DISTRICT — FREDERICK COUNTY. VIRGINIA SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING ' 151 WINDY HILL LME Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: •www.greenwavene.com ,TH OF -1 DARREN S. FOLTZ No.002257 sc1R,� CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE Cl 55.00' 40.19' 39.30' N 53'38'46" W 4152'12" C2 55.00' 44.85' 43.62' N 09'20 53 W 46'43'34" 52 LU or 53 LLI Iw -- Cz^ o ^, V vJ � o� ss ►� 0O• � z S 15'25'08" W 30.01, 15' x 20' SAN. SEWER EASEMENT \ 0 50 O N l.� co 46 (15.00) N 18' 15'37" E 154.26' 10' BRL � � 41 Q: W O N. 00 47 ^ o N W 12486 SO. FT. N °° N Q! W °p L 10' BRL oLAJ 10< S 18' 15'37�' WW w 2 150.19' ^ Q. 10 �,/BRL )C-4 4 Q m ;° 1 40 N U 12760 SO. FT. 10' GASLINE 0 �Q� EASEMENT ti �� 35 gR moo, s� R 49 N m 13156 30. FT. Q� / 5 7408 789 (4))40 PG 1p22 OUT PARCEL 1 30' /''Sq'y. USE. VACANT 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE —PHASE ' THREE RED BUD DISTRICT - FREDERICK COUNTY. VIRGINIA SCALE: 1 " = 50' 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors 'TELEPHONE: (540) 662-4185 FAX. (540) 722-9528 ounded tin 1971 E-MAIL: www.greenwayeng.com DARREN S. FOLTZ No.002257 ._ SIJRvi� 5 OF 7 A CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C 1 7679.44' 400.44' 400.39' S 64'3333" E 02'59' 15" C2 7674.44' 400.17' 400.13' N 6403333" W 02'59' 15 . C3 55.00' 44.84' 43.61 ' S 37*22' 16" W 46'4245" C4 55.00' 44.84' 43.60' S 84'04'53" W 46'4227 C5 55.00' 70.56' 65.82' N 35'48'42" W 73'30 23" C6 25.00' 32.95' 30.62' S 36'49' 11 " E 75'31 '21 " g CE GH TERR VAN G0 ' " E 306� _5 ,4.34 52 14- � o °r� 52 Z r 15373 SO. �r CO N t.D N 152 • 5+p8" E 30.00 �, S20 f? EASd �E SEW S �5, 6, 125 SRL 10, x LINE WWEMENT f 'o B ml v N /m * 50 j 12385 SQ. FT. \moo. I \'X0. 10' GASUNE ESMT. \ 51 1 0 20230 SQ. FT. N� 1_ o a N 64'31 '20" W 220.81 m OUT PARCEL 2 22634 SQ. FT. S Cl C2 0 AREA HEREBY DEDICATED DEDICATED SENSENY ROAD COMMONWEALTH OFF Vl'RGRGINIA 50 0 -50— Mild--�- RTE. 657 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE SECTION ONE —PHASE THREE RED BUD DISTRICT - FREDERICK COUNTY VIRGINIA SCALE: 1 " = 50' F DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9528 'ouseded in 1971 E-MALL: www.greenwayong.com 0 0 63'03'56" E 82.17' 82.04 S 28'32'30" 5.00' N cp (n �0 TH of Y w ARREN S. FOLTZ No.002257 2185 SHEET 6 OF CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C1 7679.44' 400.44' 400.39' S 64'33'33" E 02'59'15" C2 7674.44' 400.17' 400.13' N 64'3333" W 02'59'15" C3 400.00' 82.76' 82.61 ' S 64'52' 15" E 11 '51 ' 15" C4 400.00' 1 26.41 ' 26.4 1' S 72'41 '22" E 03'4659" C5 425.00' 1 34.60' 34.59' N 72' 14'56" W 04'39'51 h �o � WII � • N J I � II Qh U VON I�80' Ro" II I PHASE ONE ► 56 I N 20'0459" E 153.08' f0' BRL 25' DRAINAGE ESMT. 55 14011 SQ. FT. 20' DRAINAGE ESMT. 10' 10' BRL N 15.25 6 .77: Io': BRL EX. DRAINAGE O f~ESMT. Dig365 PG 11 cV � HEREBY _VACATEDm A j tcj 54 m 14719 SO. FT. 2 — 1� R-L f ' N 15'25 08 E _ 82.67' _ -- 10' BRL 10' GASLINE ESMT. 53 " ml 15970 SO. FT. 10' BRL J S 15'25'08" E _.._. 197.57' 52 FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE O w CO CD 50 .0 50. GRAPHIC SCALE (IN FEET) SECTION ONE —PHASE THREE RED BUD DISTRICT - FREDERICK COUNTY. VIRGINIA SCALE: in = 50, 1 DATE: OCTOBER 12, 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 aunded in 1971 E-FAIL: www.areenwaven2.com TH OF OF/ t— I ARREN S. FOLTZ No.002257 C f ' 00 THIS DEED OF DEDICATION, made and dated this 106 day of 2003, 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 Darren S. Foltz, L.S., dated October 12, 2001 known as Sovereign Village, Section One, Phase Three, of record in the Clerk's Office of the Circuit Court of Frederick County as Instrument No. 03-0021201, 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 rt i 'Ot� aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will zccrue 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 One, Phase Three, lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, and being; more particularly described by the aforesaid plat of Darren S. Foltz, L.S., dated October 12, 2001, of record in the aforesaid Clerk's Office as Instrument No. 03-0021201, 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 Cleric's Office as heretofore recited. For and in consideration as aforesaid, the Declarant does further dedicate all of the streets in Sovereign Village, Section One, Phase Three 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 One, Phase Three. 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 a-ddiitions thereto as may hereafter be brought within the jurisdiction of the Corporation. r 2 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 `tillage 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 I1. 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 CD ;V ci,, Board of Directors shall be appointed by the DECLARANT and serve until the firFi annual meeting following conveyance of all of the Lots in Sovereign Village Subdivision without the assignment of Declarants Rights; 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 officeir 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. 2 r� 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 hereinabove. Section 2. Purpose of Assessments: The assessments levied by t h e 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 5 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: f 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. N. 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 7 80 C. 0 i.: CJ 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. 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. CD P11-1 CA) k.D 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 •otl [er 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 houses 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. 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. CD rN13 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 improve- ments, 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 10 1 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. 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 assigned or transferred to any one or more corporations or associations which will agree to assume said rights, powers, dirties, 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 12 C) CID 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. 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, Phase Two, 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. rt 13 Section 3. Surface Drainage Easement: The property dedicated hereby is subject to that certain easement or right of way designated Storm Water Detention Easement on the aforesaid Final Master Development Plan of the County of Frederick for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easement designated on the aforesaid plat. Said Storm Water Detention Easement may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated Storm Water Detention Easement for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said Storm Water Detention Easement, provided, however, that in the event the Association fails to maintain said easement, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provision of Article V, Section 11, 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. 14 1 - C51 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. Sianage 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 V111 GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now; or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in frill 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 b;y the Association, or the Owner of any Lot subject to this Declaration, their respective legal 15 CD t1 X' 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 Van Gough Terrace on the aforesaid recorded plat of Sovereign Village Subdivision Section One, Phase Three. 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. 46 t�7 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 tiling 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. WITNESS the following signatures and seals: DECLARANT: Manning Ross Developers, LLC avid k. Madison, Manager Grp'ory M. croft, Manager 17 CD CN STATE OF VIRGINIA CITY/COUNTY OF WINCHESTER TO WIT: I, ► �. a J i ` eki a notary Public in and for the State and jurisdiction aforesaid do hereby certify that David R. Madison, and Gregory M. Bancroft, Managers of Manning & Ross Developers, LLC, whose names are signed to the foregoing Deed of Dedication dated the 1 q+41 day of f err, b(" , 2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this lqI o' day of ,> ,>t 12003. My commission expires: ! (-:% , --3 6 - ')0c, 1 1268/kDEED of Dedication Sovereign Village Section One, Phase Three k '/ i�r'✓ -Notary Public .o ero;1 18 LAWSON AND SILEK, P.L.C. 160 ExETER DRtVE, SmTE 103 POST OFFICE Box 2740 WwcHT STEx, VA 22604 TELEPHONE: (540) 665-0050 FAcsnmz: (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(a),LSPLC.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 20th 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 206, 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 FMMY ROM&L Annssss: Post OMM SM 602. FRONT ROTM. VntCRVIw 22630,T=X u Ms: (S40) 63"415, FACSOMM (540) 635-9421. R-mAn- srtiu@XYnl[cOmmcc.'r mm FADmXAVDR : 10805 MAIN SrREST. Sores 200.FAMWAx, VnKwuA 220 %TUXF80r4& (703) 352-2615. FACWm t (M) 352-41", Z-h : TnOMM0J-4W Or J4ZT 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 Mrn, S(nTE 103 PosT OFF(cE Box 2740 WWammR, VA 22604 TELErsom (540) 665-0050 FAcsiMQ E: (540) 7224051 June 22, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Dear Kris: THoMAs MOORE LAWSON • TLAWSON((fLSPLC.cOM Re: Manning and Ross Builders Our File No. 860.001 I am in receipt of a letter dated June 14'h sent from Eric Lawrence on behalf of the Planning and Development Department of Frederick County, which was a follow up to our meeting of May 3 1 " and my letter of June 2, 2006. To keep everyone in the loop, I am copying all of those copied on the June 14d' 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 may be 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 of building permits. Those permits would be before the property owned by QR Development/Denver Quinnelly, and also by Manning & Ross. To that end, in addition to my letter, I forwarded to you an Easement Agreement, which had been drafted to be executed by all parties in interest to assure a clear path toward the completion of Charming Drive in areas where it is not yet constructed. FROM RrnuLADmm: Poi[ OFF= Hmc "%FRONT ROYAL. Vm0@OA 22630,T="uom (S40)635-%IS,FAcsvAux:(U"63S-9421,E-mAn.samrj@P&NxcoN?4mcr.com FAmFAXADDw IONS MART STRUT. Bvrrz 200. FAHU%J6 Vn=GA 22030.itzj"WME: (T03) 352-261S. FACOa CM) M41". F.-NuW: Txma JAWsoNO�.tmT 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 Channing 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 FRMERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 une 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 Winchester, Virginia 22601 RE: Channing Drive: I;ynnhaven and Sovereign Village developments Dear Ty and Ben: '�'�•NFf c,wNt7p.�,y�4 �ttTi �' N Thank you for meeting with Kris Tierney, Mark Cheran, and me on May 31, 2006, to discuss the progression of the Channing Drive developments (Lynnhaven and Sovereign Village). I believe we had a fruitful meeting, and now better understand the various issues from each of our vantage points. The most significant issues appear to relate to the completion of the Channing Drive road improvements and the recreation center. Staff is also prepared to work with. each of your development teams to facilitate revisions to your respective master development plans when each is sought. At the conclusion of our meeting, county staff indicated our intent to meet with various County officials to apprise their on the development. In preparation for this meeting, your development teams offered to provide county staff with: * (1) a letter summarizing our May 31, 2006 meeting, and offering a commitment to bond the unimproved portions of the Charming Drive road impyovement and the proffeied recreatiun center in conjunction with approval of a. revised MDP; (2) a preliminary Master Development Plan revision for Sovereign Village which .would; #rod a 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 • Winchester, Virginia 22601-5000 Ty Lawson, Esquire Benjamin Butler, Esquire Re: Channing Drive June 14, 2006 Page 2 of an open space reduction effort, it's important not to overlook that the recreation center was proffered with the rezoning. - Mr. Lawson's letter seeks an amendment to an open space ordinance to correct a `flaw' in the ordinance text. As discussed on May 31, 2006, it is expected that Manning and Ross provide county staff with their revised master development plan. Staff continues to offer to work with the development team, review the revised MDP, and determine the quantity of additional recreation units that would be required, and how such additional recreation units might be incorporated into the proffered reereation centers As of June 12, 2006, the revised MDP has not been provided to County staff. Until the MDP review and subsequent discussion occurs, it is inappropriate to consider an ordinance text amendment as suggested in Mr. Lawson's letter. As discussed, the three -party agreement suggested by the development teams would delineate the process by which the Channing Drive road improvements would be completed. And more importantly, the agreement would acknowledge a working relationship between the developers and their- willingness to execute the necessary documents when the road dedication was necessary. As of June 13, 2006, I have not received the three -parry agreement. We look forward to receiving the three items as discussed on May 31, 2006. Once in receipt of these materials, we will proceed with the appropriate MDP review and apprise the County officials with the development's efforts to address the road and proffered recreation center construction commitments. We look forward to working with your development teams on this project. Sin rely, r E c R. Lawrence Planning Director cc: QR Development - Lynnhaven Manning and Ross Developers — Sovereign Village Kris Tierney, Assistant County Administrator Mark Cheran, Zoning and Subdivision Administrator ERUbad LAWSON AND SILEK, F.L.C. s 160 EXim Darn, SUM 103 i Posy OMCE Box 2740 WUXHWTaa, VA 22604 Fmmmnx: (540) 722-4051 June 2, 2006 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Re: Manning and Ross Builders Our File No. 860.001 Dear Kris: This is a follow up to our meeting of May 31, 2006 involving you, Eric Lawrence and Mark Cheran on behalf of Frederick County, David Madison, Greg Bancroft and me on behalf of Manning and Ross, and Ben Butler on behalf of QR, LLC/Denver Quinnelly. During the meeting we discussed the proffers for the Sovereign Village subdivision and what appears to be the last two outstanding issues: the completion of Charming Drive and agreement on the Community Center. As we discussed in the last meeting, it 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 Charming Drive has been completed and is ready to be dedicated. This is the portion that runs from the Arcadia development to the south, into the Sovereign Village development and in the direction of Senseny Road. With the completion of this section of road, there is now a public street connection between Senseny and Valley Mill. We all recognize that road network completion is significant and it provides the connection that was a desire of the developer and the County when the original proffers and rezoning were accepted. During our meeting we also discussed what remains for the completion appears to be the last two segments of Charming, mainly the piece that runs through the Bean property and immediately y undeveloped !an and W se—g-m—e-ni of roNd MR runs u the middle of the commercial properties owned by Manning and Ross and Lynnhaven (John Scully). We talked about those segments of roads and the fact that there remains a significant amount of residential and commercial development value that lies on either side of those segments of Charming Drive and all agreed that under the existing proffers, those two segments of Channing Drive will in fact be completed. As always, the question has been timing for the completion, but we believe with I%M.IURXLAMu IPoe!OMM3=4WF=WFXWU.VA="2W^7=Zr"=0"i'3S+MWPACm =(SW)US.421.&itAQ.t Yra000[f6L7'.00M FAMMiAMMM IGM NAM $IfiQ.A FAateAx,Va®AA2W. 27ZsesorasCAM 95 l3O�, FAcd�mzt C/131312-t1f.,F.euQa7�oarNO 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 Charming that has been built be accepted by the County and with that the lots that adjoin be allowed to be developed and built upon. There appears to be quite a bit of history relating to the Community Center. As I understand it, Manning and Ross had proposed a multiplex project on their property and had agreed to construct Charming Drive as part of the orderly development of this new multiplex development. The multiplex proposed would not exceed the total density allowed for the Manning and Ross section of Sovereign Village. It was created to address a perceived demand for a different type of unit. In response to a draft Master Plan that had been submitted to the County in furtherance of this multiplex project, the County amended the ordinance dealing with open space and rec unit requirements. Unfortunately, the text that was submitted had a flaw in it in that triggered a recalculation of the open space requirements for the existing plans (including lots that had been sold to third parties), placing an excessive and disproportionate rec unit requirement on this new multiplex project. At the meeting, Manning and Ross agreed it would be interested in reviving that multiplex master plan and included specifics about the construction of the Community Center, as well as the remainder of Charming Drive. There must be work done, however, on the rec unit requirement to make this possible. I believe work can and should be done, but it will take a considerable amount of time and, in the interim, the dedication for the portion of 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. Very TML:cmh cc: Manning and Ross Builders Benjamin M. Butler, Esquire KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L. C. 112 SOUTH CAMERON STREET jyy P. O. DRAWER 2097 U 1k! '1 21 M WINCHESTER, VIRGINIA 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E-Mail: bmblaw@adelphia.net PETER K. McKEE (1934-1967) J. SLOAN KUYKENDALL (1906-1995) BENJAMIN M. BUTLER J. SLOAN KUYKENDALL, III STEPHEN G. BUTLER EDWIN B. YOST June 20, 2006 Eric R. Lawrence Planning Director County of Frederick Department of Planning and Development 107 N. Kent Street, #202 Winchester, VA 22601-5000 RE: CHANNING DRIVE My File 11306-G Dear Eric: I am enclosing herewith a copy of the proposed agreement between QR Development, L.L.C., Lynnehaven, L.C., and Manning & Ross Developers, LLC; QR Development, L.L.C. and Lynnehaven L.C. have indicated their intent to execute this agreement, however, I have been unable to obtain the agreement of Manning & Ross. QR Development has actually built the northern section of Charming Drive, which connects with Woodrow Drive, which connects with Lynnehaven Drive and Farmington Boulevard, and ultimately the southern section of Charming Drive. You should also note that Canyon Drive has been completed which connects with Rossman Boulevard which intersects with Senseny Road. In summary, the road is completed between Senseny Road and Valley Mill Road and could be utilized once the barriers are taken away from the Arcadia and Lynnehaven projects. QR Development would very much like to dedicate the northern portion of Charming Drive which it has already built to the intersection of Canyon Drive and Woodrow Drive, however, Manning & Ross would need to join in the dedication of that road to make it happen. I understand from the Manning & Ross attorney that Manning & Ross does not wish to dedicate the road at this time pending Frederick County's approval of its subdivision which fronts on Charming Drive and Canyon Drive. Eric R. Lawrence June 20, 2006 Planning Director Page 2 The problem in this matter is that QR Development is being tied to the proffers made by Manning & Ross for Sovereign Village. None of these proffers is the recreation center in Sovereign Village. QR Development feels that it has abided by the Proffer Statement which provides that if a development touches Channing Drive then Charming Drive is built to that section. QR Developments feels that it is unfair for Frederick County to refuse to accept the Section 3 (Phase 3) subdivision of Lynnehaven because the alleged failures of the developers of Sovereign Village. The site plans for each of these developments should be treated separately, as each relates to the Proffer Statement and the rezoning. QR Development has gone as far as it can go without the cooperation of Manning & Ross for the northern section of Charming Drive. Very truly yours, MC & BUTLE enjamin M. Sutler : Enclosures cc: Denver Quinnelly Ty Lawson, Esq. Richard Shickle, Chairman Frederick County Board of Supervisors THIS AGREEMENT made and dated this I" day of June, 2006, by and between QR DEVELOPMENT, L.L.C., a Virginia limited liability company, party of the first part, hereinafter called "QR Development'; and LYNNEHAVEN, L.C., a Virginia limited liability company, party of the second part, hereinafter called "Lynnehaven"; and MANNING & ROSS DEVELOPERS, L.L.C., a Virginia limited liability company, party of the third part, hereinafter called "Manning & Ross." RECITALS WHEREAS, QR Development, Lynnehaven and Manning & Ross are adjacent landowners through which that certain intended public road known as Channing Drive located in Red Bud Magisterial District, Frederick County, Virginia, is to or has been constructed; and, WHEREAS, Channing Drive has been constructed northward from Senseny Road to its intersection with Farmington Boulevard, and has been constructed southward from the Arcadia property line to the intersection of Canyon Drive ("Existing Charming Drive"); and, WHEREAS, there remains to be dedicated and built that portion of Charming Drive between the aforesaid already constructed portions of Channing Drive ("Future Channing Drive"), all of which is shown on the plat of survey drawn by Mark D. Smith, L.S., dated the 5th day of June, 2006, attached hereto and by this reference made a part hereof as if set out in full; and, WHEREAS, each of the parties hereto desire to mutually agree to the location of "Existing and Future Charming Drive" over the remaining land of QR Development and Manning & Ross as the same appears on the plat drawn by Mark D. Smith, L.S., as aforesaid; and, WHEREAS, Lynnehaven has agreed to grant the necessary temporary construction easement on its tract of land, containing 10 acres contiguous and adjacent to the Future Channing Drive in order to allow for the construction of Future Charming Drive; and, WHEREAS, this Agreement is made between the parties hereto in order that each of the parties may rely upon the agreements herein contained and further said agreements are made for the benefit of Frederick County, Virginia, to assure Frederick County, Virginia, that each of the Page 1 of 5 parties has agreed to dedicate, in the future, the portion of Future Channing Drive which remains to be built over each of the respective parties' properties. WITNESSETH NOW, THEREFORE, in consideration of the benefits to be derived therefrom, the parties agree as follows: 1. That the Recitals hereinabove are a substantive part of this Agreement. 2. QR Development agrees that it will dedicate that portion of its lands to the County of Frederick, or its designee, as :shown on the plat drawn by Mark D. Smith, L.S., dated. the Sth day of June, 2006, and which dedication shall be made at the request of Frederick County, Virginia, and/or any other party to this Agreement. 3. Manning & Ross agrees that it will dedicate that portion of its lands necessary to the building of Existing Channing Drive which is shown on the plat of survey drawn by Mark D. Smith, L.S., dated January 4, 2006, for that land extending from Arcadia property line to the intersection of Charming Drive with Canyon Drive, and further agrees to dedicate to public usage Future Channing Drive which extends between the intersection of the aforesaid Canyon Drive southward to the intersection of Farmington Boulevard. Such dedication to be completed at such time as the request is made by Frederick County and/or any other parry to this Agreement. 4. Lynnehaven agrees that it will grant such temporary construction easement to the County of Frederick, Virginia, and/or any third party undertaking the building of Channing Drive in order to facilitate the building of Future Channing Drive. The temporary construction easement to be granted herein shall not exceed 50 feet in width and shall be contiguous and parallel to the proposed Channing Drive along the eastern boundary of Lynnehaven's 10-acre tract and designated Tax Map No. 55-((A))-206A on a plat of survey drawn by Mark D. Smith dated March 3, 2006. 5. QR Development, Manning & Ross, and Lynnehaven agree that the dedications of the land and/or construction easement as set forth hereinabove will be made at such time as requested by any of the other parties to this Agreement and/or the County of Frederick, Virginia, but it is distinctly understood and agreed that the proffers set forth in the Amendment to Zoning Page 2 of 5 District Map approved by the Frederick County Board of Supervisors, dated December 8, 1999, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 954, at Page 1544, and by this reference made a part hereof as if set out in full, shall remain in full force and effect and specifically in reference to "Item C) Entire Parcel," which is as follows: 661. Channing Drive Channing Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Channing Drive shall consist of an 80' dedicated right- of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Charming Drive from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Charming Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475`h residential building permit is issued for any of the parcels listed in Article 1 of this proffer." 6. It is specifically understood and agreed that this Agreement shall not modify or alter the aforesaid Amendment to Zoning District Map of record in the aforesaid Clerk's Office in Deed Book 954, at Page 1544, as the same was approved by the Frederick County Board of Supervisors on December 8, 1999, but is meant to clarify any continuing questions and issues which the County of Frederick, Virginia, and any party to this Agreement may have with the aforesaid developers. 7. This Agreement shall be binding on the successors and assigns of each of the respective parties hereto and the same shall inure to the benefit of Frederick County, Virginia, which shall have the power to enforce this Agreement between the parties. Page 3 of 5 WITNESS the following signatures and seals: QR DEVELOPMENT, L.L.C. By: (SEAL) Denver E. Quinnelly, Manager LYNNEHAVEN, L.C. (SEAL) John S. Scully, IV, Manager MANNING & ROSS DEVELOPERS, L.L.C. By: (SEAL) David R. Madison, Member/Manager al STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT Gregory M. Bancroft, Member/Manager (SEAL) I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Denver E. Quinnelly, Manager of QR Development, L.L.C., whose name is signed to the foregoing AGREEMENT dated the day of June, 2006 has personally appeared before me on behalf of QR Development, L.L.C., and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 2006. My Commission expires NOTARY PUBLIC Page 4 of 5 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that John S. Scully, IV, Manager of Lynnehaven, L.C., whose name is signed to the foregoing AGREEMENT dated the day of June, 2006 has personally appeared before me on behalf of Lynnehaven, L.C., and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this My Commission expires _ STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT day of , 2006. NOTARY PUBLIC I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that David R. Madison and Gregory M. Bancroft, Managers of Manning & Ross Developers, L.L.C., whose names are signed to the foregoing AGREEMENT dated the day of June, 2006 have personally appeared before me on behalf of Manning & Ross Developers, L.L.C., and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 2006. My Commission expires 11306-G QR Development \A:Agreement • Charming Road NOTARY PUBLIC Page 5 of 5 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540)722-4051 April 28, 2006 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Mark Cheran Zoning and Subdivision Administrator Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 VIA HAND DELIVERY Dear Gentlemen: THOMAS MOORE LAWSON • TLAWSON(g),LSPLC.COM SA Re: Manning and Ross Builders Our File No. 860.001 Thank you for meeting with Greg Bancroft, David Madison and me to discuss Mark Cheran's letter of April 3, 2006. As we discussed, it is everyone's understanding that Mark's letter was not written to commence any appeal deadlines. Rather, the letter was sent to start a discussion process between the property owners of the Sovereign Village development. With our recent meeting, that dialogue has commenced. It is further my understanding that if we reach a point where a position or opinion has been taken by the County that would trigger any appellate time period, you will notify the property owners and counsel in writing to allow time for the filing of said appeal. Further, as a follow up to our meeting, we have been in discussions with the representatives of Lynnhaven to discuss the letter that was sent to them by Frederick County and the similar issues pertaining to the Sovereign Village development. We are planning to meet early next week with them to discuss these issues and once that has been accomplished, all of us look forward to getting back together with you as representatives of Frederick County to try to reach a workable solution. F7toN ROv Annxess: Pos OFFICE BOX 602, FRONT ROYAL, VmGO 22630, T KL uoN : (540) 635-9415, FACSIMR,E: (540) 635-9421, E-M : smEKJ@LY coNN .0 m FAni ADDRESS: 10805 M— STREET, SU 200, FA AX, VmGIN 22030, Tr,'[ noN : (703) 352-2615, FACSD E: (703) 3524190, E-M : THOM SO.L—NGaiVER N.NET Eric Lawrence, Director, et al. April 28, 2006 Page 2 Thank you again for all of your assistance and cooperation. If you have any questions, or if I have misstated any of the terms of my understanding, please advise me immediately. We look forward to meeting with you again in the near future. TML: atd d® oPoe 0 a �✓ to rr, N � COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION SE EDINBURG RESIDENCY 2�z EL 2 IL 1, a Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER August 26, 2003 FAX (540) 984-56077 Mr. Robert Bowen 212 Wayfaring Drive Winchester, VA 22602 Dear Mr. Bowen: I am in receipt of your letter dated August 19, 2003, which I received on August 22, 2003, concerning the speeding in Sovereign Village. This section of road has not come into the Virginia Department of Transportation State System; therefore, I do not have any jurisdiction. Whenever the developer and County ask the Department to bring it into the system, we will review it at that time for appropriate speed limit signs, etc. I regret that I am unable to provide you with assistance at this time. Sincerely, /9 J o�Let es ent ineer JAC/ch Cc: Mr. John Riley , L Ms. Gina Forrester (- ` 4- y U C � C} her k�� "uncc- VirginiaDOT.org WE KEEP VIRGINIA MOVING ft0s-c'Jv-- vi 7-2, %Suenc3f 2003 m /� - �7 /,z j z v eegfl TRAIL RC EXI Engineer Surveyor 9, 1999 =1000' Founded in 1971 October 13, 2005 Jerry A. Copp Resident Engineer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 Dear Jerry: COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley @ co.frederick.va.us The Frederick County Board of Supervisors, meeting in regular session on October 12, 2005, approved the enclosed resolution authorizing "Watch for Children" signs in Sovereign Village as requested in your correspondence dated September 27, 2005. Should you have any questions, please do not hesitate to contact me. With kindest regards, I am Sincerely, m John R. Riley, Jr. County Administrator JRR/tjp Enclosure OCT 1 3 2005 cc: Eric R. Lawrence, Planning and Development Director C:\TJP\vdot\LetCoppJerryWatchForChildrenSign(SovereignV illage)(101205).wpd 107 North Kent Street • Winchester, Virginia 22601-5000 BOARD OF SUPERVISORS RESOLUTION REQUESTING THE INSTALLATION OF "WATCH FOR CHILDREN" SIGNS SOVEREIGN VILLAGE WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby;" and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Wayfaring Drive (Route 1406), Rossman Boulevard (Route 1560), Godwin Court (Route 1561), Dover Drive (Route 1562), Wickham Terrace (Route 1563), Tilford Drive (Route 1564), Monet Terrace (Route 1565), and Van Gough Terrace (Route 1566), are located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at 1406 (Wayfaring Drive) from Rt. 1560 (Rossman Boulevard) to 0.13 miles east of Rt. 1560 (Rossman Boulevard); Route 1406 (Wayfaring Drive) from Rt. 1564 (Tilford Drive) to 0.14 miles east of Rt. 1400 (Morning Glory Drive); Route 1560 (Rossman Boulevard) from Rt. 657 (Senseny Road) to 0.14 miles north of Rt. 657 (Senseny Road); Route 1560 (Rossman Boulevard) from Rt. 1406 (Wayfaring Drive) to 0.27 miles north of Rt. 1562 (Dover Drive); Route 1560 (Rossman Boulevard) from Rt. 1562 (Dover Drive) to 0.07 miles north of Rt. 1561 (Godwin Court); Route 1561 (Godwin Court) from Rt. 1560 (Rossman Boulevard) to 0.142 miles east of Rt. 1560 (Rossman Boulevard); Route 1562 (Dover Drive) from Rt. 1560 (Rossman Boulevard) to 0.083 miles east of Rt. 1560 (Rossman Boulevard); Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.07 miles north of Rt. 1562 (Dover Drive); Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.13 miles south of Rt. 1562 (Dover Drive); Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles north of Rt. 1406 (Wayfaring Drive); Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles south of Rt. 1406 (Wayfaring Drive); Route 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive); Route Resolution - `Watch for Children" Signs - Sovereign Village Board of Supervisors Meeting of October 12, 2005 Page 2 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west of Rt. 1564 (Tilford Drive); Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive); Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west of Rt. 1564 (Tilford Drive). The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 12' day of October, 2005. Upon motion made by Gina A. Forrester and seconded by Bill M. Ewing the above resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Gary W. Dove Aye Gene E. Fisher Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Lynda J. Tyler RESOLUTION NO.: 023-05 Aye A COPY TESTE: p' Joh4. Riley, Jr. Clerk, Board of Supervisors cc: Eric R. Lawrence, Planning and Development Director [Pwd: Sovereign Village -Watch for Children Sis- Subject: [Fwd: Sovereign Village -Watch for Children Signs] Date: Tue, 27 Sep 2005 09:31:47 -0400 From: "John R. Riley" <jriley@co.frederick.va.us> To: "tprice >> Teresa Price" <tprice@co.frederick.va.us> -------- Original Message -------- Subject: Sovereign Village -Watch for Children Signs Date: Tue, 27 Sep.2005 09:18:57 -0400 From: Copp, Jerry <Jerry.Copp(a),VDOT.Vir inia.gov> To: 'iriley@co.frederick.va.us' <jriley@co.frederick.va.us> CC: Copp, Jerry<Jerry.Copp@VDOT.Virginia.g_ov>, Baker, Douglas <Douglas.Baker2VDOT.Vir ig nia.g_ov>, Pugh, Erin <Erin.Pugh@VDOT. Virginia. gov> John: I received a request for the above signs to be placed in Sovereign Village in Frederick County. I have reviewed and am in agreement with the request. Listed below are the routes and descriptions for the Board of Supervisors approval: Route 1406 (Wayfaring Drive) from Rt. east of Rt. 1560 (Rossman Boulevard) Route 1406 (Wayfaring Drive) from Rt. Rt. 1400 (Morning Glory Drive) 1560 (Rossman Boulevard) to 0.13 miles 1564 (Tilford Drive) to 0.14 miles east of Route 1560 (Rossman Boulevard) from Rt. 657 (Senseny Road) to 0.14 miles north of Rt. 657 (Senseny Road) Route 1560 (Rossman Boulevard) from Rt. 1406 (Wayfaring Drive) to 0.27 miles north of Rt. 1562 (Dover Drive) Route 1560 (Rossman Boulevard) from Rt. 1562 (Dover Drive) to 0.07 miles north of Rt. 1561 (Godwin Court) Route 1561 (Godwin Court) from Rt. 1560 (Rossman Boulevard) to 0.142 miles east of Rt. 1560 (Rossman Boulevard) Route 1562 (Dover Drive) from Rt. 1560 (Rossman Boulevard) to 0.083 miles east of Rt. 1560 (Rossman Boulevard) 1 of 2 9/27/2005 9:52 AM [i{wd: Sovereign Village -Watch for Children Sil- ' Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.07 miles north of Rt. 1562 (Dover Drive) Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.13 miles south of Rt. 1562 (Dover Drive) Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles north of Rt. 1406 (Wayfaring Drive) Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles south of Rt. 1406 (Wayfaring Drive) Route 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive)Route 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west of Rt. 1564 (Tilford Drive) Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive) Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west of Rt. 1564 (Tilford Drive) ~Jerry~ Jerry A. Copp Residency Administrator VDOT-Edinburg Residency (540) 984-5604 Fax-(540) 984-5607 Jerry. Copp@VDOT.Virciinia.Gov 2 of 2 9/27/2005 9:52 AM 5 September 19, 2006 Manning & Ross Developers, LLC PO Box 27 Winchester, VA 22604 RE: Sovereign Village Subdivision To Whom It May Concern: FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 I had the opportunity to conduct a site inspection for Sovereign Village in Frederick County on September 8, 2006. It is Frederick County's policy that bonds will not be released until all improvements have been completed. As you proceed with this project, please address the following comments prior to seeking a release of bond. • The SDP calls for a reduced road efficiency buffer, consisting of a 6 foot high berm with a single row of evergreen trees, along Senseny Road. The evergreens must be a minimum of 4 feet in height at the time of planting. • The SDP also calls for a full road efficiency buffer, consisting of a 6 foot high berm with a double row of evergreen trees, along Channing Drive at Farmington Boulevard. The evergreens must be a minimum of 4 feet in height at the time of planting. • The SDP requires street trees, 10 trees on each side, along Rossmann Boulevard in Section One • The fallen tree is still located at the intersection of Canyon Drive and Channing Drive. If you have any questions, please feel free to contact me at (540) 665-5651. Since ely, Lauren E. Krempa Zoning Inspector LEK/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 3, 2005 Greg Bankcroft 141 Featherbed Lane Winchester, VA 22601 Dear Mr. Bankcroft: RE: Sovereign Village; Zoning District: RP (Residential Performance) In reviewing documents associated with the above referenced project, it has been determined that a violation of the Sovereign Village project has occurred. More specifically, the provisions set forth on the subdivision plan have not been fully achieved. As of this date, the Sovereign Village property is in violation of Frederick County. Subdivision Ordinance. In accordance with Section 144-32C of the Subdivision Ordinance, the developer shall transfer all easements and improvements to the property owners' association. At the time of transfer, all private common areas, easements and improvements shall be in good operating order and condition in compliance with all applicable laws, codes and regulations. Prior to the sale of the lot constituting fifty percent (50%) of all approved buildable lots, all common areas, easements and improvements shall be transferred from the developer to the property owners' association. Frederick County has yet to record a transfer meeting these requirements The above referenced issues must be corrected to bring this approved subdivision into compliance with the Frederick County Subdivision Ordinance. As a zoning violation does exist on the property, the County will withhold zoning and subdivision approvals for this development until the violations are remedied. 107 North Bent Street, Suite 202 a Winchester, Virginia 22601-5000 Greg Bankcroft Re: Sovereign Village October 3, 2005 Page 2 Please contact this office should you have questions regarding this violation notice or a potential resolution, 540-665-5651. Sincerely, ar R. herai Zoning Administrator uWHITI7f Iwo 20091ITSl cc: VGina A. Forrester, Red Bud District Supervisor Mr. Lawrence Ambrogi, Commonwealth Attorney Greg Bankcroft, PO Box 27, Winchester, VA 22604 09/02/2005 11:00 FAX 540 723 9869 MANNING ROSS Z001 Sovereign Village Homeowners Association, Inc. P.O. Box 652 Winchester, Va. 22604 Phone #: (540) 723-9868 Fax #: (540) 723-9869 To: Eric Lawrence From Lois Madison/Secretary-Treasurer iFam 540-665-6395 Pages: 2 (includes fax coversheet) Phene; Dnte: 9/2/2005 Re: Sovereign Village HOA Information CC: Gina Forrester S>r Cr �di1,J 11 v\ ❑ Urgent D For Review C3 Please Continent ❑ Please Reply D Please Recycle e Conwnenta; Attached is a copy of the letter that was mailed to all homeowners in Sovereign Village on 9/1/05. Please call if you have any questions. 09/02/2005 11:00 FAX 540 723 9869 MANNING ROSS 0 002 SOVEREIGN VILLAGE HOMEOWNERS ASSOCIATION, INC. P. 0. Box 652 Winchester, VA 22604 (540) 723-9868 (540) 723-9869 September 1, 2005 Dear Sovereign Village Homeowners, It has come to my attention that some of the homeowners would like to become more involved with the administration of the Sovereign Village Homeowners Association. To this end, I have appointed Tom Denny (a Sovereign Village Homeowner) to be a Vice President of the Sovereign Ville ge Homeowners Association. His prior experience with Associations and Property Management will be a great benefit to us. We welcome his input and advice. Having a homeowner on our board may help ease the rumors and misinformation that is often spread in our little community. Tom will be serving us until the first annual meeting is held in early 2006. At that time, we will hold elections for a new board that will be made up entirely of Sovereign Village Homeowners. We will be in touch with you in the next few months with further information regarding the upcoming general membership meeting and board elections. As in the past, if you have any questions or concerns, please contact us in writing at the above address. Sincerely, Gregory M. ncroft President GMB.lem 08/16/2005 12:17 5407229509 GINA FORRESTE SAGE 01 . # FILE IN SOVEREIGN VILLAGE, PHASE 1 C CY Y- .yll� u'P- o 1 s vo o� AUG 16 2005 ax U r o-10 7�` ��"`-� �-,�L � .aA.,�Lt. �{�� Jam•) 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 02 Alieust 10,2005 Gina Forrester Frederick County Supervisor 105 Kapok Circle Winchester, Va. 22602 Dear Gina: Thank you for responding to my phone call and the time and attention you gave to my problem. It is refreshing to find someone willing to listen and help if they can. As I mentioned, l first thought of seeking an opinion from the County Attorney but was advised by an assistant in his office that the Attorney cannot respond to requests of individual taxpayers, but only other agencies of the County government. That being the case, I come to you to ask if you would submit the question in my behalf and that of the other 152 residents of the Subdivision. The question is simple and straightforward. It is this: In June 2003, the Board of Supervisors adopted an amendment to the Code which provides that all Lot owners, including the developer, shall be subject to the property owner assessment. Prior to that change, the County (in December 2001) entered into a Deed of Dedication with the developers of this Subdivision that explicitly exempts the developers from assessments on any and all Lots they own in the Subdivision. Here is my question: Does the 2003 change in the Code override the exemption provision of the pre-existing Deed? Or is it a case involving sanctity of contract prohibiting any one party from unilaterally altering a provision of a prior contract. A possible clue to the answer may lie in the language of the Virginia Property Owners Act which certainly takes the side of grandfathering pre-existing contracts. It states in Section A that "This chapter shall not be construed to affect the validity of any provision of any prior declaration" unless that declaration is silent on the issue. For your reference, I attach a copy of the Code change made in 2003 and the conflicting provision of the 2001 Deed of Dedication. I hope that you will be able to give us homeowners some help in getting an authoritative answer to a simple and basic question —What does this Code change mean? Again, my thanks for your willingness to assist us. r, 1 ack W. Lewis 203 Wayfaring Dr. Winchester 22602 Phone (540) 722-8691 08/16/2005 12:17 5407229509 GINA FORME STE PAGE 03 THIS D_ ) OF DEDICATION, made and A this day of December, 2001, by and between MANNING & ROSS DEVELOPERS, LLC, a 0 Virginia Limited Liability Company, party of the first part., hereinafter called the o DEC1_.A33MT (Grantor for indexing purposes), and FREDERICK COUNTY, w VIRGINIA► party of the second part (Grantee for indexing purposes), and -THE FRE��I�tICK COUN'X'l' 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 Darren S. Foltz, L.S., dated October 12, 2001 ktlown as Sovereign Village, Section One, Phase One, 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 arnended 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 flat, has been subdivided into lets for the cons t.ructJon of single family hordes thereon, and the ,itt Ached plat shows accurately the. metes and bounds of the .subdivided land, together with the dimensions of each lot t.hcreof and alw 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 ut ility 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 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 04 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: &me. ies gf the O Asfiogill on: Any assessments which are not paid when due shall be delinquent.. 1fa 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 att.orney's fees on any such action shall be added to the amount of such assessment.. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment. of his Lot. Section 9. Subordination of the Lien to Mor►g&gCs: 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 topayments 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. ExemptPEc�t)crty: 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 exen►pt, from these assessments. 0 08/16/2005 12:17 5407229509 x § 165-33 GINA FORRESTE PAGE 05 FREDERICK COUNTY CODE § 165-34 E. Agricultural and forestry operations shall be exempted from the above requirements. F. Such requirements shall not apply to motor vehicle parking and loading areas. § 165-34. Property owners' associations. A. Intent. (1) The intent of this section is to provide for the joint ownership, maintenance and use of common elements not dedicated for public use, required under the provisions of this Chapter. Required open space, recreational facilities and other common elements shall be dedicated to a property owners' association or to Frederick County. Open space, recreational facilities and common elements shall only be dedicated to Frederick County with the approval of the Board of Supervisors. The property owners' association shall be solely financially responsible for its own operations, including maintenance of all required common elements noted on the final approved master development plan I' or final subdivision plat. (2) It is intended that all required common areas and facilities or improvements shall be a size and nature that constitute economically sound increments of development and that such areas and facilities be perpetuated and maintained by a property owners' organization or corporation. The intent is for the developer to provide for an organization or corporation consisting of all subdivision lot owners holding subdivision interests in the development. B. Establishing the property owners' organization. (1) All private areas, easements, improvements or facilities shall be the sole responsibility of the developer or owner. If units are to be sold or are ever sold on an individual basis, all private areas. easements, improvements or facilities shall be conveyed for joint ownership and common use by subsequent property owners if not dedicated for public use approved by the Board of Supervisors. (2) Where required. 16554 a -10 - soon 08/16/2005 12:17 5407229509 GINA FORRESTE �i § 165-34 ZONING § 165-34 (a) The developer shall provide for the establishment of an organization or corporation for the ownership, perpetuation and maintenance of all private elements in developments or subdivisions in the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MW Mobile Home Community District. (b) In addition, such an organization or corporation shall be required for all required common areas or facilities in any shopping center, industrial park or office park, according to the requirements of this section. (3) All final contracts between the developer or owner or his agents and all lot purchasers and the final subdivision plat shall include a consumer disclosure statement listing the property owners' association's annual assessments and a copy of the final approved property owners' association bylaws. A deed of dedication shall be provided by the subdivider or developer, with an article of bylaws providing for equal voting rights by all property owners and for election of officers or directors of the required property owners' association. (4) All lot owners, including the developer, shall be assessed on an equal basis for the perpetuation and maintenance of required common elements as long as such perpetuation and maintenance is necessary. Such assessments shall be sufficient for the perpetuation and maintenance of all common areas and facilities. (5) Such organization or corporation shall be created by covenants and restrictions approved the Director of Planning and Development and Commonwealth's Attorney and shall be composed of ell persons having ownership within the boundaries of the development. ' (6) The developer or the required property owners' organization shall maintain all common elements in a manner so as to ensure the continued usefulness of those elements for their intended use 16555 a - 10 - 2003 PAGE 06 08/16/2005 12:17 5407229509 GINA FORRESTE PAGE 07 § 165-34 FREDERICK COUNTY CODE § 165-� and to ensure the full protection of the health and safety of the users of those elements. (7) The Subdivision Administrator shall review each final subdivisior plat and deed of dedication to ensure that the requirements a this section are met. § 165-35, Nuisances. Any use of land or structures which creates the following nuisances shall be prohibited. In addition, the following standards shall be met: A. Glare. Outdoor lighting shall be arranged to deflect glare away from adjoining properties and public streets. Sources of light on a lot shall be hooded or controlled to prevent glare beyond the lot line. Sources which produce ,harmful glare or ultraviolet rays, including arc welding or acetylene torches, shall be completely screened from view sufficiently to be imperceptible beyond the lot lines. B. Radiation hazards. No use shall be allowed which creates radiation emissions which are hazardous to the health and safety of the general public. No uses shall be allowed which discharge radioactive materials into the atmosphere, soils or bodies of water. All uses handling radioactive materials shall conform with applicable local, state and federal regulations. C. Electromagnetic interference. No use shall be allowed which creates electric disturbances which would adversely affect the operation of equipment beyond the lot line of the use. D. Vibrations. No use shall be allowed which creates any vibration discernible for three minutes or more in any one hour. In no case shall vibrations exceed a maximum peak particle velocity of 0.05 inch per second. E. Fire hazards. No use shall be allowed which does not conform with all applicable fire codes and the Frederick County Code concerning fire hazards and the storage of explosives. F. Air pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Air Pollution Control Board concerning the emissions of smoke, particulate matter, odors and other gaseous pollutants. 16556 6 - 10 - 2003 L7COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 12, 2003 Mr. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village - Section 1, Phase 3, Final Plats Dear Mark: This letter is to confirm that the Final Plats for Sovereign Village, Section 1, Phase Three, have been approved and signed. Today, a representative from Manning and Ross, LLC, was contacted to collect the plats for recordation. This phase allows for the development of 12 single-family detached dwellings. Frederick County currently holds a letter of credit in the amount of $50,260.00 to guarantee the construction in this subdivision. Please provide this office with a copy of the recorded plats and deed of dedication. If you have any questions, please feel free to call. Sincerely, , �'46' Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/bad cc: /ane Anderson, Real Estate /451"na Forester, Red Bud District Supervisor /Vat Gochenour, Red Bud District Commissioner ,,Mariie Straub, Red Bud District Commissioner i eg Bancroft, Manning & Ross Developers, LLC UAPauick\Corn mon\S_D Reviews\Sov Vill e\SV Sec I Phase 3 final plat apprv.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 TO: FROM: SUBJECT: DATE: COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 MEMORANDUM Patrick Davenport, Zoning and Subdivision Administrator, Department of Planning and Development Joe C. Wilder, Civil Engineer, Department of Public Works Gw Request for Final Plat Approval for Sovereign Village Sections 1, Phase 3 and 2A September 12, 2003 In response to your memorandum dated September 12, 2003,1 performed a site inspection for the subject projects. Based on my inspection, it is my recommendation that the existing Performance Bonds in the amount of $50,260 and $140,131 for Section 1, Phase 3 and Section 2B, are adequate to cover the costs associated with completing the infrastructure as well as the erosion and sediment control measures for the subject projects. If you have any questions, do not hesitate to contact me. JCW/rls cc: file A:\bnd-Itrofcred\holdpar-tlamtbndloc\sowflseelph3and2bmenLwpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 23, 2002 Mr. Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village - Section 1, Phase 2, Final Plats; Subdivision #20-01 Dear Darren: This letter is to confirm that the Final Plats for Sovereign Village, Section 1, Phase Two, have been approved and signed. Today, a representative from Manning and Ross, LLC collected the plats for recordation. This phase allows for the development of 36 single-family detached dwellings. The final plats for Phase 3 of Section 1 will not be approved by this office until an appropriate guarantee is provided to cover that portion of the development. Please provide this office with a copy of the recorded plats and deed of dedication. If you have any questions, please feel free to call. Sincerely, Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/rsa cc: Jane Anderson, Real Estate Gina Forester, Red Bud District Supervisor Pat Gochenour, Red Bud District Commissioner Marie Straub, Red Bud District Commissioner UAPatrick\Common\S_D Reviews\Sov Village\SV Sec I Phase 2 final plat_apprv.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 e PCLARKE BANf.', (177j_ SINCE iC�UNTY �, 1881 _� IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT 2 East Main St Berryville VA 22611 (540) 955-2510 Fax (540) 955-2521 Toll Free (800) 650-8723 BENEFICIARY: PERMITTEE: Manning and Ross Developers AMOUNT: $200,000.00 Treasurer, County of Frederick ISSUING BANK: BANK OF CLARKE COUNTY 107 N. Kent Street ADDRESS: P.O. Box 391 Winchester, VA 22601 Berryville, VA 22611 DATE OF ISSUE: December 7, 2001 EXPIRATION DATE: December 7, 2003 ISSSUING BANK ABA NO.: 051402518 We hereby issue our Irrevocable Letter of Credit No. 31-01 in favor of the Treasurer, County of Frederick, Virginia, for the account of Manning and Ross Developers, its agents, successors or assigns for a sum not exceeding Two -Hundred Thousand U.S. Dollars ($200,000.00) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative stating that Manning and Ross Developers has not satisfactorily completed the construction of and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, erosion and sediment control, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on Phase 1 Section 1 of Sovreign Village Subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the wwwbankofclarke.com W December 11, 2001 Mr. Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COUNTY of FREDERICK mom Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Sovereign Village - Section 1, Phase 1 Final Plats; Subdivision #20-01 Dear Darren: This letter is to confirm that the Final Plats for Sovereign Village, Section 1, Phase One have been approved and signed. The required guarantee for the appropriate amount has been received. Today, a representative from Manning and Ross, LLC collected the plats for recordation. The final plats for Phases Two and Three of Section 1 will not be approved by this office until an appropriate guarantee is provided to cover that portion of the development. If you have any questions, please feel free to call. Sincerely, i j/ r /Jjf( /fjt j Patrick T. Davenport Zoning and Subdivision Administrator PTD/kac cc: Jane Anderson, Real Estate U1Pabui\Ccmmm\-,_U Reviews\Sov ViliagelSV Sec I Phase I final plat aplw.wpd FILE Corr COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 6, 2001 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village - Section 1; Subdivision Design Plan Subdivision #20-01 Dear Kurt: This letter is to confirm that the Subdivision Design Plan (SDP) for Sovereign Village, Section 1 has been approved. Enclosed are six signed SDP cover sheets for your records and distribution. The final plats for Section 1, Phases 1-3, are preliminarily approved and have been received with signatures obtained from VDOT and the Sanitation Authority. Once an appropriate guarantee is provided, final approval will be granted by this office. As per our telephone conversation today, it is my understanding that the guarantee will cover only Phase 1 of Section 1. If this is correct, only the final plats for Phase 1 of Section 1 will be approved by this office. If you have any questions, please feel free to call. Sincerely, PO�, -f cu Patrick T. Davenport Zoning and Subdivision Administrator PTDrsa Enclosure UAPahick\Common\S_D Reviews\Sov Village\Sov V 1 SDP_apprv.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 REQUEST FOR SUBDIVISION 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: CU9 5 MOM /5/ Wl"QY HILL [a" Wl r�HEsrCr, , UR 7"0. Name of development and/or description of the request: SOUC*QC#J U1 Lt.Arf SuBDIU150,J — SKT 0',JX , -AUS0 KNOWK) AS TWE Gt��/N�- D�rvE DEuEu+�r�c-�-• Location: IVOM SIDE !SF SEt--�� RDA PrT I r,Tk OF SENSe^-Y RD RtJD NIXIE BeL1• DRUB. Parks & Recreation Dept. Comments: Plan dated 2/22/01 includes less than 50% of the required open space. Because_ there is no guarantee that future phases will be developed, I would recommend that 1007. of the required open space be included with this phase of development. Parks Signature and Date: /29/01 (NOTICE TO PARKS - P ASE RETURN THIS FORM TO TBE.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, cation form Reque. or Street Name Comments Subdivision Comments Frederick County Department of Planning & Development r7 JV" D Attn: Marcus Lemasters, Mapping & Graphics Manager (LIAR 9 i 107 North Kent Street Winchester, Virginia 22601 (540) 665.5651 DEPT, OF PL i'uNlNQiDEVELOPMENT; The Mapping & Graphics 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 Supervior 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: GMf7-JU*Y E � ER�N� "Cl gu s & OG Address: 151 WIluok HI U. LANE Phone number: 544 - 62,- 4-/85 Name of development and/or description of the request: 500'-R& POJ (IIU,4; ' ��lBL7/lJ/S!� 5C-��� li , f�'1.5a Xi+vGwN fi�S Tt� Cf �I�NI �•G- DRIuE d E-uet-orr40'f Location of property: NORT-M S )DE- of Sfr-Ser-r R,p, f j�T 7?1-E / AT-C, o-F SEY\-JSE-iIJy R.D +- t>14E SEc, I)R. Mapping and Graphics Manager Comments: k,49y e5 ,a&,# T��?,Or�ee, �� c1 �J�.-/�1G ,a.2.�c� r�ru ST /i'I� �'xr�,�.�,D ���� ,�xtS i'7✓% ��� S Communication Center Supervisor's Comments: A/ccumiE,el �w /IS COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 July 19, 2001 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Subdivision Plan Comments - Sovereign Village, Section 1 Frederick County, Virginia Dear Mark: Upon review of the revised subdivision plan dated May 22, 2001, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any questions, do not hesitate to contact me Sincerely, Joe C. Wilder Civil Engineer jcw cc: Patrick Davenport, Frederick County Zoning Administrator file 107 North Kent Street • Winchester, Virginia 22601-5000 REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire Marsha' ATTN: Fire Marshal �1- Marsha' fir, 107 North Kent Street 298t 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 form. Applicant's name, address and phone number: GREe?4� -- C tR uS BAVC - S I LJJI A-0Y HILL L.OAJE , tV1#JgK-5- 'F2 � U/9 'oZd�Qa1 Name of development and/or description of the request: SoUERC-rr-/v U/tz" SUa0/u/s/a✓ — secrx,.�- . OLSa kiiow^i f�s JrLE C#n-�/r--f- ZRtuF DEVe 0rf46&- . . Location: NORTtt S I bE 04F Sere S t-�Y XZ>11 FrT I ►�-M O F Se-NSC-t, ' Je,D DIxlE SEGL DR, Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RET THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It isyourresponsibility 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 any other pertinent information. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. SDO1-0006 Date Received 03/27/01 Date Reviewed 03/28/01 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, Va. 22602 Project Name Sovereign Village Section 2 Phone No. 540-662-4185 Type of Application Subdivision Current Zoning RP + 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee Tax I.D. No. 65-A-039, 39A,40 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments : Markings and signage required at all Fire Hydrants. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Hent:Street Winchester, Virginia 22601 (540) 665-5650 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: CrR �Y - SAVE Z. 151 Gw NaY H1W Ctom, t/A aa6O a. Name of development and/or description of the request: S UCIZElG-,j Vtu,ftC"* SuBoulsloo Sccne,.� 2. f}�SO KNo�-��N fl5 THE Clm"tv/1ur- r,>PjL< UEue-toe/wc-^-r Location: NaRTtt S It* (OF SENSE'' Rorry, &-r 7riE I M'k. OF Sc-�►SC- Y R. + Dixie BED(,, DR. Inspection Department Comments: Comments are on the back of this form Code Administrator Signature & Date: VkA 11 (NOTICE TO INSPECTIONS DEPT. *PLEASE PSTURN 'PHIS FORM TO C ) 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. CEIVED MAR 2 7 2001 FREDERICK CO WORK ; & INSPECTIONS . Buildings shall comply with The Virginia Uniform Statewide Building Code and Section 310, Use group R (Residential) of The BOCA National Building Code/1996. Please note that the grade shall slope away from the homes a min. 6 inches the first 10 feet on finish grading. This is not indicated on lots # 2, 3, 4, 5, 6,13,14,15, and 16. GREENWAY ENGINEERIf' 151 Windy Hill Lane Winchester, Virginia 22602 i hd in 1971 TRANSMITTAL, Project Name: File No.: Z ( aS - Date: �y l y ZG/ Zoo 1 To: �y�jerc�Ic �o. �u.e� From: L �,•, n �.� ate-, Ate'' GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 • Copied: Remarks: 0 Urgent C For Your Review O As You Requested C Please Comment Message: 74-f+cto( c v cL s G Z S<e7f-s acr e fv 5 cd%,,, ?rO 1,4 6 3 Ao vUGv/ Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 _ greenway@visuallink.com CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 September 19, 2001 Mr. Mark D. Smith, L.S., P.E. C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Fu-Shep Farm Partnership Plat Route 657, Senseny Road Frederick County Dear Mark: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 A VDOT review has been completed on the final plat dated August 30, 2001 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. We are returning three (3) signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully 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. Sincere , Barry J. Sweitzer, Trans. Roadway gineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Evan Wyatt rf 11--C EIVED. SEP 2 12001 —oT nF -,, J— s,,r,!-�.rnFVELOPMW' WE KEEP VIRGINIA MOVING MATCH LINE SEE THIS SHEET BELOW � I C/L 20' DRAINAGE EASEMENT HEREBY Q I GRANTED I obi w� � I� Z L3 ^ O �w A �u 14j c� Z N o W z N '--'--- j to a J G to W LU � a I � I 0.1013 ACRES HEREBY OR. DEDICATED FOR PUBLIC STREET PURPOSES CIL 20' DRAINAGE EASEMENT HEREBY NN \Q GRANTED �) v LAJ �� � N ,►O) p �ONW p\cLJ Q 00I4 �o O N 63'03'53" W N 61 'S '54" W 25.91 ' 49 10' SENSENY ROAD — VA ROUTE 657 VARIABLE WIDTH R/W — DB 365 Pg 11 SEE HWY PLAT BOOK 6 Pages 53-55 cNt 3 p "-- \ 1 o o Z W � o O 1 ......: Io �m W MATCH LINE SEE THIS SHEET ABOVE CIL 20' DRAINAGE EASEMENT HEREBY GRANTED CIL DRAINAGE EASEMENTS LINE BEARING DISTANCE L 1 N 77'59'08" E 98.71 ' L2 S 68'5536 E 70.30 L3 N 67' 12'06" E 8.47' L4-1 S 6127'30" E 75.00' STREET DEDICATION LINE BEARING DISTANCE L5 N 2832'30" E 58.81' L6 N 86*4625m E 88.22 L7 S 2832'30" W 58.81 ' L8 S 86'4625" W 1 88.22' AREA TABULATION RESIDUE A — 1.2630 ACRES RESIDUE B — 2.5761 ACRES DEDICATION AREA — 0.1013 ACRES TOTAL AREA — 3.9404 ACRES RIGHT—OF—WAY DEDICATION AND DRAINAGE EASEMENT PLAT OF A PORTION OF THE LAND OF FU—SHEP FARM PARTNERSHIP RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 "=200' 1 DATE: AUGUST 30, 2001 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 MARK D. SMITH No.002009 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 i Founded in 1971 October 10, 2001 County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Patrick T. Davenport, Zoning and Subdivision Administrator Re: Sovereign Village, Section 1 Dear Mr. Davenport: We have revised the Subdivision Design Plan based on the comments received and dated September 10, 2001 from the Frederick County Department of Planning and Development and offer the following responses to those comments: Comments from Frederick County Department of Planning and Development Comment 1: Add the text "Subdivision Design Plan for... " to the title of the plans. �/Response: Title to cover sheet has been revised. Comment 2: County tax records indicate the owner of parce165 A-40 is Fu-Shep Farm Partnership. Indicate this fact in the owner's data block. Response: Parcel 65-A-40 is not a part of this subdivision plan. Road dedication for Wayfaring Drive has been provide by a separate plat (plat has been previously approved.) Comment 3: The correct Magisterial District is Red Bud. ✓Response: District name has been revised on all plan sheets. Comment 4: Provide a graphic scale on every Sheet. ✓Response: Graphic scales have been provided. Comment 5: Correct the spelling of the word "zoning" on sheet 1 of 25. ✓Response: Spelling has been corrected. Comment 6: Provide a Deed Book/Page reference for each adjoining parcel. Response: Deed book and page references have been added for adjoining parcels. Comment 7. Complete the labeling of Rossman Boulevard on Sheet lA of 25. Response: Rossmann Boulevard has been added. File #2185/KP/dls Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 Comment 8: Provide the statement which lists all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning. Response: A conditional zoning tabulation table has been included on new sheet 1B. Comment 9: Provide a complete table illustrating the relationship between the Section 1 units provided by the Master Development Plan and the Subdivision Design Plan. The intent of this table is to provide an incremental update which will tabulate the expended acreage, lot counts, open space and special environmental areas disturbed compared to what will remain. I am attaching an example tabulation from another SDP for you to use as a guide. Response: A phase development summary has been included on new sheet 1B. Comment 10: Provide signature blocks for both owners certifying ownership and consent. Response: Owners consent signature block has been added to cover sheet. Comment 11: Provide a signature approval block for the Subdivision Administrator. Response: Subdivision Administrator approval block has been added to cover sheet. Please contact us at your convenience if you have any questions or wish to schedule a meeting if any of the comments need further discussion. Sincerely, Greenway Enginee Kurt Pennington File #2185/KP/dls t COMMONWEALTH ®f VIRGINIA CHARLES D. NOTTINGHAM COMMISSIONER Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 JERRY A. COPP RESIDENT ENGINEER September 17/ 2001 FAX(540)984-5607 Ref: Sovereign Village, Section One Giles Farm, Channing Drive Route 657, Senseny Road Frederick County Dear Kurt: This is to acknowledge receipt of your revised plans dated August 6, 2001 (received August 21, 2001) for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide eight (8) 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 Fines or gutters along the street to a pipe or drainage easement. WE KEEP VIRGINIA MOVING Mr. Kurt Pennington Ref: Sovereign Village, Section One September 17, 2001 Page #2 • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attachments, including Standard RFD 1. • Private entrances will be installed in accordance with VDOT Standard CG-9B. 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 for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia in locations adjacent to existing Commonwealth rights -of -way, especially Route 657, adequate to include the new turn lane area. • 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 on interior streets for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call. i nc y, 08"& O"+ Barry J. Sweitzer, Trans. Roadway Engineer CILC;EIVED For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus, Mr. Evan Wyatt SEP 19 2001 -°T OF PLANNING/DEVELOPMENT 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 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: l i-A-r-AE Name of development and/or description of the request: `>®U t%.r C%lU.//�ltr T GSu r-"Owtj rmtue Location: Va. Dept. of Transportation Comments: The application for subdivision of this prnnPrty appears rn have cign ifirant measurable impact on Route 657, the VDOT facility which would provide access to the subdivision. However, the construction plan approved by VDOT in the attached letter will mitigate impacts for this phase of development. VDOT Signature and DatTransportation Engineer 09/17/01 (NOTICE TO RESIDENT ENGINEER*PLEASE RAYRN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 July 19, 2001 W. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Subdivision Plan Comments - Sovereign Village, Section 1 Frederick County, Virginia Dear Mark: Upon review of the revised subdivision plan dated May 22, 2001, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any questions, do not hesitate to contact me Sincerely, Joe C. Wilder Civil Engineer Jcw cc: Patrick Davenport, Frederick County Zoning Administrator file 107 North Kent Street - Winchester, Virginia 22601-5000 6 ./ COMMONWEALTH ®f VIRGINIA CHARLES D. NOTTINGHAM COMMISSIONER Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 July 11, 2001 Ref: Sovereign Village, Section One Route 657, Senseny Road Frederick County Dear Kurt: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 A VDOT review has been completed on the preliminary site plan dated February 22, 2001 (received June 21, 2001) for the referenced project. Our comments are as follows and are shown in red on the enclosed plan sheets. A. Please provide revisions to illustrate adequate dimensions on turning lanes and tapers along State Secondary Route 657, Senseny Road, at its intersection of Rossmann Boulevard along with a striping plan for painting the lanes. B. The entrance to commercial development along the west side of Rossmann Boulevard at approximate Station 13+75 should be relocated as far as practical northward or moved to a point to the west along Wayfaring Drive (preferred action). C. The proposed structure situated in the median at the entrance on Rossmann Boulevard should be removed from the plan. D. The proposed right-of-way dedication at the intersecting roads and streets should generally be along the chord line established by radii ends rather than the arc of radii. E. The anticipated AADT (TPD) should be shown on each typical section to facilitate and confirm pavement structure calculations. Limits of bituminous surface should be shown by dimension (numerical). F. The height of all D.I.'s should be shown on the plan sheets. WE KEEP VIRGINIA MOVING Mr. Kurt Pennington Ref: Sovereign Village, Section One • July 11, 2001 Page #2 G. Confirm designation for Structure #3, appears to be H=8.4'? Should be 3CC. Structure #41, Sheet 15 should be 3CC. Structure #92, H=7.87' should consider 3BB. H. Standard VDOT ""stop" and "yield" signs should be placed at all intersecting roads/streets appropriate for traffic control condition. Plan Sheet 8 of 25 1. The individual dimensions should equal the overall dimension for pavement and gutter pan on typical section. Plan Sheet 9 of 25 2. The low point or high point station and elevation should be displayed with VC data. 3. Please provide enough vertical alignment data to allow confirmation of proposed future grades. 4. The point of finished center line grade should be identified on raised median typical sections. Please provide a detailed sketch demonstrating an acceptable method of attachment where the ADS culvert joins concrete wall in D.I. structures and a coupling device where ADS attaches RCP or CMP culverts. The attached original Subdivision Checklist with red line comments and all miscellaneous notes in red on the plan sheets should be considered. When all the above comments have been addressed, please provide this office with two copies of revised plans for VDOT review. We appreciate the level of effort used in the development of this subdivision to meet and exceed VDOT standards. We look forward to continuing the review to the final stage for VDOT. Do not hesitate to call me at (540) 984-5631 if there are any questions. Sinc , *Eineer RECEIVED JUL 16 2001 Barry ]. Sweitzer, Trans. Roadw For: Steven A. Melnikoff, Transportation Engine'#EPT,OFPLANNING/DEVELOPMENT Enclosures xc: Mr. Dave Heironimus, Mr. Evan Wyatt, Mr. Mark D. Smith, P.E., L.S. FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 10, 2001 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Sovereign Village, Section 1; Subdivision Design Plan Cursory Review ( SUBD #20-01) Dear Kurt: As you know, as of today's date, the Master Development Plan (MDP) for Sovereign Village has not yet been approved. Comments made regarding this Subdivision Design Plan may not be accurate if changes are made to the MDP which affect the SDP. I have had the opportunity to review the Sovereign Village Section 1, Subdivision Design Plan received by our office on August 24th, 2001 and offer the following comments: 1. Add the text "Subdivision Design Plan for..." to the title of the plans. 2. County tax records indicate the owner of parcel 65-A-40 is Fu-Shep Farm Partnership. Indicate this fact in the owner's data block. 3. The correct Magisterial District is Red Bud. 4. Provide a graphic scale on every Sheet. 5. Correct the spelling of the word `zoning' on Sheet 1 of 25. 6. Provide a Deed Book/Page reference for each adjoining parcel. 7. Complete the labeling of Rossman Boulevard on Sheet IA of 25. 8. Provide the statement which lists all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning. 9. Provide a complete table illustrating the relationship between the Section 1 units provided by the Master Development Plan and the Subdivision Design Plan. The intent of this table is to provide an incremental update which will tabulate the expended acreage, lot counts, open space and special environmental areas disturbed compared to what will remain. I am attaching an example tabulation from another SDP for you to use as a guide. 10. Provide signature blocks for both owners certifying ownership and consent. 11. Provide a signature approval block for the Subdivision Administrator. Please address the above comments and re -submit. I am enclosing a marked copy of the plans for your reference to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Pa � Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch Enclosure UAPatrick\Common\Subdivision Reviews\Sov Village Sec 1 review-pd 107 North Kent Street • Winchester, Virginia 22601-5000 r c SUBDIVISION DESIGN PLAN CHECKLIST C11 The subdivision design plan shall be drawn at.a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: title "Subdivision Design Plan for " / with a notation of all previous names of the subdivision. V original property identification number. 6�--1-4 -39A fL7 V page number and total pages on each page. U 6-os LAC, SI �Rc� X name of the owner and/or sdbdivider /�i ✓trlr A fU-JPoe Al^ /�i�RTNe,es,a� V vicinity map (scale of one to two thousand (1:2000)] s_�y showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. wriiten and grZhic scale. v day, month and year plan prepared and revised. 7- North arrow. _- name of the Magisterial District where located.Rd &44 .-" zoning of all land to be subdivided. ZrW,, ✓6 5A:t«-e WA&'A,6 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 owner zoning and use of all adjoining properties and eed book an pa number references for / each adjoining parce . V proposed use of each lot, with the number of lots in each / use category. V/ area of each lot and parcel, the total area of the subdivision and the total area in lots. s 10 location and area of each parcel of common open space and _T 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. existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary / sewers and water mains. Ol 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. r`I/ names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. / y location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 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. i 12 KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L. C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540)722-3787 E-Mail: kjmb®dstnet.com J. SLOAN KUYKENDALL(1906-1995) PETER K. McKEE (1934-1967) BENJAMIN M. BUTLER STEPHEN G. BUTLER GEORGE W. JOHNSTON, III Mr. Evan Wyatt Frederick County Planning 107 North Kent Street Winchester, Virginia 22601 Re: Giles Farm My File No. 10521-B Dear Evan: December 22, 1999 J. SLOAN KUYKENDALL, III EDWIN B. YOST OF COUNSEL: JOHN F. ANDERSON I am enclosing herewith a copy of the Amendment to Frederick County Zoning Ordinance which has been placed of record in the Clerk's Office of the Circuit Court of Frederick County, as indicated thereon. BMB/cah cc: Mark Smith, Greenway truly yours, unin M. Butler I DEPT QFPLhiti�ii i ; 'trELOFivic��T 7-11 i F�'r, -, 1 U11 v�rI fi AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on November 3, 1999 BOARD OF SUPERVISORS: Approved December 8, 1999 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #15-99 OF CHANNING DRIVE WHEREAS, Rezoning #15-99 of Channing Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights subdivisions, and is identified with Property Identification Numbers 55-A-206, 209, 211, 213 & 65-A-30, 31, 39, 40 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 8, 1999; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General), as described by the application and plat submitted, and subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #31-99 ����j� -rIb 15 14 5 This ordinance shall be in effect on the date of adoption. Passed this 8th day of December, 1999 by the following recorded vote: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Aye Richard C. Shickle Aye Margaret B. Douglas Aye Robert M. Sager A COPY ATTEST Joh6j. Riley, Jr. Frederick County Administrator O:\Agendas\COMMENTS\REZONING\RESOLUCN\ChanningDrive. RES.wpd PDRes #31-99 Aye Aye Aye Greenway Engineering .� Channing Drive Rezoning W'J-iI U 1 546 CIIANNING D R I VE REZONING PROPERTY ID NUMBERS 55-((A))-206, 209, 211, 213 & 65-((A))-30, 31, 39, 39A, 40 Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #15-99 for the rezoning of approximately 354.3 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE I: PHASED CONSTRUCTION PLAN This article shall apply to the following parcels: Lynnehaven, L.C.: 55-((A))-206, and 65-((A))-30, 31 Giles Farm: 65-((A))-39, 39A Sheppard/Futral: 55-((A))-209, 211, 213 and 65-((A))-40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above -referenced parcels shall not exceed the following phasing schedule: Greenway En Engineering U A Q � .1 i :� � � � } � Charming Drive Rezoning Year Permits Issued to Date 2000 79 2001 158 2002 237 2003 316 2004 395 2005 474 2006 553 2007 632 2008 711 2009 790 2010 846 AR TICLE II: L YNNEIL4 YEN, L. C. This article shall apply only to those properties currently owned by Lynnehaven, L.C., property identification numbers 55-((A))-206, and 65-((A))-30, 31. The subject properties are more particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843 at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres. The conditions proffered are as follows: A) AREA ZONED RP - 81.4 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 2 Greenway Engineering Channing Drive Rezoning U � 9151P 148 4. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. B) AREA ZONED B2 -10.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Commercial batting cages operated outdoors --- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 100,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Channing Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: 3 Greenway Engineering .�� Channing Drive Rezoning ���54�J1�49 a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Charming Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 3. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 4. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Channing Drive at the intersection with the main entrance road into the Lynnehaven subdivision. 4 Greenway Engineering Channing Drive Rezoning c) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. d) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 5. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 6. MONETARY CONTRIBUTION a) Residential: In the event rezoning application 415-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application5_99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,245.60 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire -and rescue services. 5 Greenway Engineering Channing Drive Rezoning Aft TICLE III: ROBE dAES, et als This article shall apply only to those properties currently owned by Robert A. Giles, et als, and Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A. Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page 741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990 and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and contains 51.0 acres. The conditions proffered are as follows: A) AREA ZONED RP -140.2 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subj ect area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. RECREATION CENTER A community recreation center shall be included in the master development of the subject site. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood product, masonry, or drivet. Said facility shall be open for membership by residents of all subdivisions resulting from this Channing Drive Rezoning and shall also be open for membership to all other area residents. 4. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 5. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. Greenway Engineering Channing Drive Rezoning {52 B) AREA ZONED B2 -12.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Commercial batting cages operated outdoors --- 2. MA)(IMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 120,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, driver, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Channing Drive is a new major collector which will be constructed along the western boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. Creenway Engineering ^ i � n c L� r Channing, Drive Rezoning ��� c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. STREETSCAPE The main entrance road into the residential subdivision established on the Giles Farm property shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and shrubbery as allowed by the Virginia Department of Transportation. 3. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 4. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 5. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the main entrance road into the Giles Farm subdivision. Greenway Engineering -15 4 J I Channing Drive Rezoning c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline. d) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. e) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 6. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT a) Residential: In the event rezoning application #15-9!1s approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per residential lot prior to the initial building permit being issued for said lot This per lot monetary contribution provides for: $2,958.80 for Frederick County Public Schools $554.80 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application A5-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. Greenway Engineering Channing Drive Rezoning 81 �95��'ari I 555 ARTICLE IV: DRS. GEOR GE SHEPPARD & ALLEN FUTRAL This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen Futral, property identification numbers 55-((A))-209, 211, 213, and 65-((A))-40. The subject property is more particularly described as all of the land owned by Fu-Shep Farm Partnership as recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister dated February 13, 1990. The conditions proffered are as follows: 1. MAXIMUM DENSITY The total number of parcels shall be limited so as not to exceed a 2.2 unit per acre density for the entire collective area for parcels 55-((A))-209, 211, and 213, and a 2.5 unit per acre density for parcel 65-((A))-40. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. F'M'T �i : Ylli�] The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 5. CHANNING DRIVE All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. Le Greenway Engineering Channing Drive Rezoning 6. TRAFFIC SIGNAL CiN 1 556 The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 7. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 8. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT In the event rezoning application #15-99 is approved, and the property is subsequently developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County, Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary contribution provides for: $3,568.94 for Frederick County Public Schools $591.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. Green way Engineering July 2, 1999 1cunning Drive Rezoning ARTICLE V: SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: i Robert A. Giles,'Ex"ecutor, Giles Farm Commonwealth of Virginia, Cit /County f 1,- 1, -, cU � oTo Wit: The foregoing instrument was acknowledged before me this r� da � � Y of 1999 by l: Notary Public My Commission Expires A'�), ohn Scully, ynnehave L.0 IIJ Commonwealth of Virginia, ,{ n o City , unt 1-t of ' �c�10 - To Wit: �h The foregoing instrument was acknowledged before me this day of 1999 by G U Notary Public My Commission Expires 04i , � 12 Green way Engineering July 2, 1999 canning Drive Rezoning LA {!,u�558 t Jr o Dr. George Shepp Mzr ie Sheppard Commonwealth of Virginia, City%Coun�of-1".�l_� QAAC ! v To Wit: The foregoing instrument was acknowledged before me this �-� hh day of Q , 1999 by Notary Public My Commission Expires i�)""� '-a'1 , QCC Dr. Allen Futral Commonwealth of Virginia, etty Futral rr�� City/ ounty f 4 c� o nU e To Wit: The foregoing instrument was acknowledged before me this 4+h day of , 1999 by �AN� L-Vuz- Notary Publi My Commission Expires , CQQ� 13 Greenway Engineering 5 5 Channing Drive Rezoning i:it J J - avid Madison, Manager, Manning and Ross, LLC Commonwealth of Virginia, v City ounty f Lg iC, �� L To Wit: The foregoing instrument was acknowledged before me this+h day of 1999 by Notary Public My Commission Expires /Greg Bancroft, Manager, Manning and Ross, LLC Commonwealth of Virginia, Ciql&of A: VC �e_ , To Wit: The foregoing instrument was acknowledged before me this L� day of 1999 by / Notary Public My Commission Expires L'�L 14 Dates �2 4 O Applicant/Agent: APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Application # A V ^(J Gr'eer woow Address: 51 (.A_.Di N,o,. Hill 1-.4.NL �i wc�es-�er' VA z2GO z- Phone : C. 6 Z - 41 5 S' owners name: Mc,, V% r► I vti r Address: Jam. 0. Imo x Z -7 ZZC.04 Phone: (540� 7Z 3 -• :)8 (�.5zR Fee Paid Please list names of all owners, principals and /or majority stockholders: G roc. ?_44NC2o r- Tr N Contact Person: DAVc: MA- �isoiv Phone: 55!!0) 7 Q- 9 5G in Name of Subdivision: Soyc 2(:,� G.-N I/ V 1 11 G. G �: 1 - �c n'o ry QAIG Number of Lots 7 C, Total Acreage '3S . 43 4 C Property Location: /yo,--fk 5tde aP Gey?seu P-oaJ `f'�,e Iy�'��ey'Scc{�vsv o� S�ytser�► �oaJ i' �/x� � ✓�e`le ��vt ( 7Z-r L s �) (, R T 7,9 (Give State Rt.#, name, distance and direction from intersection) S+Wrc- r] &J Magisterial District �-6-� /Cf Property Identification Number (PIN)) -'M 8 -RECEIVED AUG 2 4 2001 PPT, OF PLANNIWSM"VWMENT Property zoning and present use: Z-C*7e4: RP Z (SSE: 41can'{ Adjoining property zoning and use: Zonc pZ i!5 c: I f' � f2es . Has a Master Development Plan been submitted for this project? Yes ✓ No If yes, has the final MDP been approved by the Board of Supervisors? Yes ✓ No What was the MDP title? C 1.4Ah► N t N Cr -7:4-t V e Does the plat contain any changes from the approved MDP? Yes No v---- If yes,, specify what changes: Minimum Lot Size (smallest lot) ZO/5 -Sq. (27% Number and types of housing units in this development: Number 7 C. Types �.�-►_v►A�c--��•, I�a%r�.c(�.�� C>J" k�w�, 9 REQUEST FOR SUBDIVISION CONXENTS Frederick County Inspections Department ( Attn: Building Official 107 North Kent ,Street. Winchester, Virginia 22601 ; (540) 665--5650 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: 151 wt&JoY hiKti ON<. W#xJrES-MK VA 9a60;L Name of development and/or description of the request: SOUeR iC-�✓ Ut�c,Rvc SuBCxtjlsW l SC-cTtar.� � . ALSO KIuow"' fl5 THE Cfti9NN/ivr, DgjuE DCuC-W0*/W ?-r Location: Nor�Ttt S tDE OF sees y",y Ronv) &-r 77-if l -Tk. OF seliser-y R. >. + Dixt e Seu., DR Inspection Department Comments: Comments are on the back of this form. I Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEFT.*PLEASE 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. RECEIVED AUG 2 4 2001 rECEIVED MAR 2 � 2001 FREDERICK CO WORKw a INSPECTIONS Buildings shall comply with The Vr'9inia Uniform Statewide Building Code and Section 310, Use group R (Residential) of The BOCA National Building Code/1996 s. Please note that.the grade shall slope away from the homes_a_;, min. 6 inches the first 10 feet on finish grading. This is not indicated on lots # 2, 3, 4, 5 6,13,14,15, and 16. REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire MarshaltR�,ECEivEQ Mr ATTN: Fire Marshal 107 North Hent Street 284 Winchester, Virginia 22601 , (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Rent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: GRE&4AMY Er,�WegLPP4- — CLA(XS Bf WOL I S i W I &0Y Hl tk &A"E , GUI AJQ*5 r'NL. , un 9ZAsOe), Name of development and/or description of the request: S VE�eEr�N U/G+ Su13DlufJt� - SEGTbh�� . 6L- Ktupwtj T tE C&*iTA fj/r-� 1. IUF DeLJe(0r1n&-; Location: P MTIt s Igg of SerjSC-P-Y rm> frr , ! tirx of Se-Nsev, - Fp l�nZ OIX IE Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RET THIS FO K 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 any other pertinent information. RECEIVED VED AUG 2 4 2001 )FPT, OF PLANNINGOPMENT t COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. SDO1-0006 Date Received 03/27/01 Date Reviewed 03/28/01 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, Va. 22602 Project Name Sovereign Village Section 2 Phone No. 540-662-4185 Type of Application Subdivision Current Zoning RP 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee Tax I.D. No. 65-A-039, 39A,40 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments : Markings and signage required at all Fire Hydrants. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature Title COUNTY of FREDERICK I Department of Public Works 540/665-5643 FAX: 540/678-0682 July 19, 2001 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Dill Lane Winchester, Virginia 22602 Re: Subdivision Plan Comments - Sovereign Village, Section 1 Frederick County, Virginia .t Dear Mark: Upon review of the revised subdivision plan dated May 22, 2001, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any questions, do not hesitate to contact me Sincerely, Joe C. Wilder Civil Engineer jew cc: Patrick Davenport, Frederick County Zoning Administrator file DECEIVED -AUG 2 4 2001 Im, OF PLANNINGt)m 107 North Kent Street • Winchester, Virginia 22601-5000 Requet, jr Street Name Comments Subdivision Comments Frederick County Department of Planning & Development f C IV!,zD Attn: Marcus Lemasters, Mapping & Graphics Manager MAR 2 'r 21001 107 North Kent Street , Winchester, Virginia 22601 (540) 665-5659 DEPT, OF PLA;�;y„�;;1pEVELOPMEN11 The Mapping & Graphics 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 Supervior 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; G1uY En�ctEfZtN� jGlgus iflEFt� Address: I51 LUTADY HI U, QItJE �,Uln�ff�7�C-rl. � tJR aL�60 � Phone number: 540 - 4-185 Name of development and/or description of the request: 5-OlEkE/P%,� UIUA;f 5-61BD14)1Slc-x) S;EC77G�-J r hL50 9IjGWrJ I=1-S TIEr..�- DR.iuE Deuei-ort'Yl&-:, Location of property: NOXT-tt S 1DF aF R,D� AT 77rC- /1-7-�e. a4-- Mapping and Graphics Manager Comments: "FX046, 4Z,,2F StuST Me Fxt-F4e,D //etZSe S Communication Center Supervisor's Comments: AUG 2 4 2001 IFPT, OF PLAN NIN&DEVELOPMENT GREENWAY ENGINEERIN%. 151 Windy Hill Lane Winchester, Virginia 22602 {' led in 1971 TRANSMITTAL, Project Name: cjpVey'4L_Ia n V �-'11c�a cc�o� an c File No.: Z i SS Date: SJ ( y ZG1 200 ,/ 1 To: r%4�etr���c �o.�..' a..1.�.. From: �c)k #n (;facl GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Copied: e Remarks: 0 Urgent C For Your Review 0 As You Requested C Please Comment E Message: 74 t+ctc:�IA cJ arc Z S�f's o=C-" 2 ev, S edjzv- p TS ��, S, G, 5- /; /, /y, 4:2 3 'RY �o wGv/ Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540)665-5679 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: Q" MOM 1 / GlJ/NDY HILL, LAr.E , UA 7:a 60.1- Name of development and/or description of the request: SOUERclf-tJ UI LLAV( Su8D/U151a-j —_SC<MV#as,-ALSO_KNOW&) AS TWE Gf174'��/NG- DQ/UE Location: WRTH SIDE GG SENSey�� J;D, PrT I wTTk OF SENSeYQY RJ> j4ND DIXIE BELL. DRIUE. Parks & Recreation Dept. Comments: Plan dated 2/22/01 includes less than 50% of the required open space. Because there is no guarantee that future phases will be developed, I would recommend that 1 0 of the required open space be included with this phase of development. Parks Signature and Date: /29/Ol (NOTICE TO PARKS - P ASE RETURN THIS FORM TO THE. 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, cation form. RECEIVED AUG 2 4 2001 IFPT, OF PLANNINC!DIEV80PMENT Request For Subdivision Comments Department of Planning and Development 11 Mail to: Hand deliver to: Department of Planning and Development 107 N. Kent Street ,Attn: County Planner Fourth Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach application, fee, location map, and two (2) copies of the site plan with this sheet. Applicant's Name: Gve kIwa4 E"9Mee%w r Add '! f G,cen Phone Number: 66 Z. - 4 (6s— Name of development and/or description of the request: GoV'eye► , /(,jV. 5cc. ONe. Location of Planning and Development's Comments: Date received _ Incomplete _ Date reviewed _ Signature and Date Signature and Date Date revision received Incomplete Date reviewed 16 Date approved ED AUG 2 4 2001 LEFF, QF PLANNNGODEOMENT X /t\ GREENWAY ENGINEERING %%�P7 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: O tfov-n)Jac, - File No.: Date: �lzs/o To: r"— �,d ,Crc C0 Attn: .&- From: / ` tJr2�"c s e r >v GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Copied: Remarks: C Urgent r--- For Your Review C As You Requested C Please Comment Message: Axc4d [S Ae- %V,,- �e,-�Qv 'Ic - S /000 900 Z ` 70 ( /��ox iv 1-.fs) 45 X 66 Lars) `7c3,--,4L Fie C. efCC'lc RECEl QED AUG 2 g 2001 VT- OFPIAN11 ODEy&LOpMEST Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com SUBDIVISION #20-01 SOVEREIGN VILLAGE — Stonew&1-1:'Re4'&L SECTION ONE