HomeMy WebLinkAbout15-01 Star Fort III Stonewall - Backfile (2)Subdivision Check. -at
1. Comment sheets from the following agencies, along with any marked copies of the plan:
(Comment sheets are not required if an approved MDP is associated with this
subdivision unless directed by the Subdivision Adrrfinistrator.)
V VDOT 08177/671eCity of Winchester
_—/ Sanitation Authority Y %'✓. Health Department -
Inspeetions Depa=n# Parks & Recreation
Fire Marsha County Engineer
11 1&16 l
2. One copy of the subdivision application
TRACKING SHEET
Date >
` Application received.
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Fee paid (amount: $ 02�
Information entered in d-BASE and Reference Manual
File given to Renee' to add to Application Action Summary
Plat(s) signed by Subdivision Administrator
Q--� Approval letter to applicant/agent
Copy of final subdivision plat(s) [with signatures] made and given to Mapping
and Graphics Manager for structure numbering assignment
Updated d-BASE and Reference Manual
C)a 6eIF-i e given to Renee' to update Application Action Summary
a� Final plat(s) submitted with review agency signatures along with:
✓ Recorded deed of dedication
Bond estimate (if required) $ 10A ®0
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0A0pera6ons Manual\subdivision.trk
Revised: 04/11/01
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BY
1 9 2005
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE MTIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMIIMENTSAS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED.
INITIALS DATE & T M E
Candice
Bernie
Mark
Susan
Eric
Mike
Kevin
John
COMMENTS:
Received by Clerical Staff (Date & Time):
Patton Harris Rust & Associates, pc
Engineers. Surveyors. Planners. Landscape Architects.
October 5, 2005
Mark Cheran
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Star Fort
Section 4A, 5, 6, 7
Revised Subdivision Plan
Dear Mark,
PWe've revised the preliminary plat to delete the references to street lights. As you
H know, Section 144-19 of the Subdivision Ordinance requires that street lights be
furnished for developments with lot areas less that 15,000 SF. As you know, Star
Fort is a traditional single family development and all lots exceed 15,000 SF. I've
CORPORATE: enclosed here two copies of revised sheets 2 and 3 along with the revised subdivision
Chantilly application and fee.
VIRGINIA OFFICES:
Chantilly
Bridgewater
Fredericksburg
Leesburg
Richmond
Virginia Beach
Winchester
Woodbridge
LABORATORIES:
Chantilly
Fredericksburg
MAMAND OFFICES:
Baltimore
Columbia
Frederick
Germantown
Hollywood
Hunt Valley
WEST VIRGINIA
OFFICE:
Martinsburg
T 540.667.2139
F 540.665.0493
1 17 East Piccadilly Street
Winchester, VA
22601
Please call if you have questions.
Regards,
P t ON HARRIS RUST & ASSOCIATES, pc
r
d A. Mislowsky, P.E., VP
OCT 6 2005
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date: Application #
Application / Agent: Seldon, Inc.
Address: c/o Ronald A. Mislowsky
Phone:
Owners name:
Address:
Phone:
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
(540) 667-2139
Seldon, Inc.
P.O. Box 2834
Winchester, VA 22604
540-869-5600
Fee Paid
Please list names of all owners, principals and / or majority stockholders:
Carlin Smith
Byron Brill
Contact Person: Ronald A. Mis
Phone: (540) 667-2139
Richard Hardison
Name of Subdivision: Star Fort Subdivision Sections 4A, 5, 6 and 7
Number of Lots: 70 Total Acreage: 31.34
Property Location: Fortress Drive, '/4 miles east of US Route 522
Magisterial District: Stonewall
Property Identification Number (PIN): 54-A-1
Property zoning and present use: RP - Vacant
Adjoining property zoning and use: RP — Residential, Vacant, "Star Fort"
Has a Master Development Plan been submitted for this project?
Yes X
If yes, has the final MDP been approved by the Board of Supervisors?
Yes X No
What was the MDP title? Star Fort
Does the plat contain any changes from the approved MDP?
Yes No X
If yes, specify what changes:
Minimum Lot Size (smallest lot) 1
Number and types of housing units in this development:
Number: 70
Types: Traditional
o f
THIS DEED OF DEDICATION made and dated this 14th day of June, 2002
by and between SELDON, INC., a Virginia corporation; RICHARD G. HARDISON, INC.,
A Virginia corporation, and RICHARD and Br - ON, INC., A Virginia Corporation, Parties of
the first part, hereinafter called the Declarants, and THE COUNTY of FREDERICK
VIRGINIA, party of the second part.
WHEREAS, the Declarants are the owners in fee simple of the real estate shown on
the attached plat drawn by P. Duane Brown, Land Surveyor, dated October 4, 2001, known as
Star Fort, Section III, described on the Final Master Development Plan of, Star Fort, Section 11I,
as filed in the Office of the Frederick County Department of Planning and Development, and,
WHEREAS, the real estate shown on the aforesaid plat has been divided into lots and
further shows a portion of the public streets known as Fortress Drive, and Salvo Circle, which are
hereby dedicated to the public and the temporary turnaround easement at the terminus of Fortress
Drive, and,
WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half ('/z) interest
in the subject property, the same having been acquired by Deed dated February 14, 1996, of
record in the Office of the Circuit court of Frederick County, Virginia, in Deed Book 853 at Page
0001; and,
WHEREAS, Richard G. Hardison, Inc., a Virginia Corporation, is the owner of a one -
forth ('/4) interest in the subject property, the same having been acquired by Deed dated September
14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 895; and,
WHEREAS, Richard and Bryon, Inc., a Virginia Corporation, is the owner of one-
forth ('/4) interest in subject property, the same having been acquired by Deed dated September
14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 904; and,
WHEREAS, the Declarants now deserve to subdivide the same into lots known as
Star Fort, Section III. The subdivision of the said real estate as shown on the attached plat is with
the free consent and in accordance with the desires of the Declarants, and the Restrictive
covenants herein set forth shall apply only to Star Fort, Section III, and the Declarants may apply
different restrictive covenants to other sections of the subdivision.
C0
NOW, THEREFORE, THIS DEED OF DEDICATION
WITNESSETH, That for and in consideration of the premises and benefits which shall
accrue by reason of this Dedication, the Declarants do hereby subdivide all of that certain tract
of land designated as Star Fort, Section III, lying and being situate in Stonewall Magisterial
district, Frederick County, Virginia, known as Fortress Drive, Salvo Circle and the easement at
the terminus of Fortress Drive together with all drainage easements, and more particularly
described by a aforesaid plat of P. Duane Brown, Land Surveyor, dated October 4, 2001, attached
hereto and by this reference made a part hereof as if set out in full, and which plat is drawn in
conformity with the Final Master Development Plan for Star Fort, Section III, on file in the Office
of the Frederick county Department of Planning and Development. This is a portion of the same
real estate, a one-half (1/z) interest of which was conveyed to Seldon, Inc., a Virginia Corporation,
by Deed dated February 14, 1996, of record in Office of the Clerk of the Circuit Court of
Frederick County, Virginia in Deed Book 853 at Page 0001; and a one-fourth (1/4) interest of
which was conveyed to Richard G. Hardison, Inc., a Virginia Corporation, by Deed dated
September 14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 895; and
a one-fourth (1/4) interest of which was conveyed to Richard & Bryon, Inc., a Virginia
Corporation, by Deed dated September 14, 1995, in the aforesaid Clerk's Office in Deed Book
845 at Page 904.
All of the lots shown on the plat attached hereto shall be subject to the following
restrictions, covenants set forth on exhibit A attached and Articles which are covenants real and
running with the land, and shall be binding upon all parties having any right, title and interest 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
DEFINITIONS
Section 1. "Association" shall mean and refer to Star Fort Property Owners
Association, Inc. ("SFPOA"), a nonstock Virginia Corporation, its successors and assigns. The
principal purpose of the SFPOA shall be the imposition of a mandatory assessment upon owners
Page 2
of developed lots to assist in funding the operation and maintenance of Star Fort, located adjacent
thereto, as a park and educational site opened to the public. Such SFPOA may have such other
purposes, functions and duties with regard to the property as the Declarants shall determine.
Section 2. "Properties" shall mean and refer to that certain property hereinabove
described as Star Fort, containing 0.9 Acres, more or less, and a jogging trail ("the Common
Areas") and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of
Star Fort, Section II, with the exception of the Common 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 Properties, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation.
Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison,
Inc., and Richard & Byron, Inc.
ARTICLE II
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided 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. One
Membership 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
Page 3
Member shall hold the interest required for membership in Article II. When more than one
person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot
shall be exercised as they among themselves determine, but in no event shall more than one vote
be cast with respect to any Lot.
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of not less than three (3), but
not more than nine (9) directors, who need not be Members of the Association. The initial Board
of Directors shall be appointed by the Declarants to serve until the first annual meeting following
this Deed of Dedication; thereafter the Board of Directors shall be elected by the Membership as
determined in the Bylaws of the Association.
ARTICLE IV
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1. Members' Easements 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 to and from the aforesaid Common Areas as shown on the attached plat
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 to suspend the voting rights and the right to the use
of the Common Areas by a Member for any period during which an 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.
b. 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
seventy-five percent (75%) of the votes has been recorded agreeing to such
dedication or transfer, and unless written notice of the proposed action is sent to
every Member not less than twenty-five (25) days nor more than fifty (50) days
in advance.
Section 2. Delegation of Use: Any Member may delegate in accordance with the
bylaws, his right of enjoyment to the Common Area to members of his family, his tenants, or
contract purchasers who reside on the property.
Page 4
ARTICLE V
COVENANTS FOR MAINTENANCE
ASSESSMENTS FOR THE ASSOCIATION
Section 1. Assessments: The Declarants, for each Lot owned within Star Fort,
Section II, hereby covenant, and each Owner of any Lot by acceptance of a deed therefor, whether
or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant to
agree and to pay to the Association an annual assessment, such assessment to be fixed,
established, and collected from time to time as hereinafter provided in Section 7. The annual
assessment, together with such interest, shall be a charge on the land and shall be a continuing
lien upon the property against which each assessment is made. Each such assessment, together
with such interest, costs and reasonable attorney's fees, 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.
Section 2. Purpose of Assessments: The assessments levied by the Association shall
be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the
Properties and, in particular, for the improvement and maintenance of the Properties, payment of
real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose and
related to the use and enjoyment of the Common Areas.
Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year
immediately following the conveyance of a Lot to an Owner, the maximum annual assessment
shall be in the amount of the current per year Lot assessment, provided, however, in no case shall
the same be less than $60.00 per year per Lot and may not be increased for five (5) years after the
formation of the Association and may thereafter be increased not more than ten percent (10%) per
year and in no event shall the same exceed $250.00 per Lot per year. The proceeds of the annual
assessments shall be dedicated to the operation and maintenance of Star Fort by any person,
corporation, partnership, or other private entity, or any governmental agency, or their successors
and assigns (hereinafter the "operating entity").
a. Subject to the above provisions, from and after January 1 of the year immediately
following the formation of the Association, the maximum allowable increases of
Page 5
not more than ten percent (10%) per year may be increased by a vote of the
Members for the next succeeding and at the end of each year's period, for each
succeeding period of one (1) year, provided that any change shall have the assent
of two-thirds (2/3) of the vote 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) nor more than sixty (60) days in advance of
the meeting, setting forth the purpose of the meeting. The limitations hereof shall
not 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.
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. Operation and Maintenance of Star Fort: (a) The SFPOA Board of
Directors shall be authorized to make direct grants of sums raised hereunder to the operating
entity, or to enter into contracts with the operating entity or any other business or entity, for the
purposes of operating and maintaining Star Fort, provided that such contracts have been first
submitted to and approved by the operating entity.
(b) No funds hereunder may be provided to the operating entity, unless and until budget
for the operation and maintenance of Star Fort shall have first been submitted to and approved
by the Frederick County Board of Supervisors. Funding shall be denied to any operating entity
in the event that the Board certifies that the operating entity cannot perform, or is not performing,
its obligations to operate and maintain Star Fort as provided herein.
(c) Unless waived by the Board of Supervisors, it shall be a condition of the continued
receipt by the operating entity of any funds provided for hereunder, that it submit an annual report
of its finances and financial operations to the Board prepared by a duly licensed certified public
accountant, and prepared in accordance with standard accounting practices, to assure the faithful
and proper application of the unds provided.
(d) The SFPOA shall be authorized to convey any common open space or other
property otherwise subject to its ownership and control to the operating entity for the purposes
hereof.
(e) The operating entity may expend any funds provided hereunder for any purpose
Page 6
reasonably related to the operation and maintenance of Star Fort and the acquisition of additional
property which may advance the purposes hereof.
Section 5. Uniform Rate of Assessment: Annual dues must be fixed at a uniform rate
for all Lots, and may be collected on a semiannual basis.
Section 6. Ouorum for any Action Authority Under Sections 3 and 4: At the first
meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members
or of proxies entitled to cast thirty-three percent (33%) 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 sixteen percent (16%). No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 7. Data of Commencement of Annual Assessments: Due Date: The annual
assessments provided for herein shall commence as to any particular Lot on the first day of the
month following the issuance of a building permit for that Lot. The first annual assessment shall
be adjusted according to the number of months remaining in the calendar year. 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 of Directors for the issuance of the
certificates. Such certificates shall be conclusive evidence of payment of any assessment therein
stated to have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association:
Any assessment which is not paid when due shall be delinquent. If the assessment 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
Page 7
to the amount of such assessment. No Owner may waive or otherwise escape liability for the
assessment provided for herein by nonuse 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 or deed of trust,
pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the
lien of such assessment 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 assessment thereafter becoming
due from the lien thereof.
Section 10. Exempt Property: The following property subject to this Declaration
shall be exempt from the assessments created herein; (a) the Common Areas; and (b) all
properties dedicated to and accepted by a charitable or nonprofit organization exempt from
taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall
be exempt from these assessments.
Section 11. Failure to Maintain Common Areas: In the event that the Association,
or its successors, shall fail to maintain the Open Space in reasonable order and condition, the
County of Frederick may take such action as authorized by the Frederick County Zoning
Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as
if set out in full.
ARTICLE VI
USE, RESTRICTIONS AND COVENANTS
Star Fort, Section III, shall be subj ect to the restrictions set forth on EXHIBIT A, attached
hereto and by this reference made a part hereof as if set out in full, which are constituted
covenants real to run with the land. Notwithstanding anything to the contrary herein, these
covenants shall apply only to Star Fort, Section III, and not to the other sections of the Star Fort
Subdivision, unless expressly set forth in the dedication of each subsequent section of said
Subdivision.
Page 8
ARTICLE VII
EASEMENTS
Section 1. Sewer and Water Easements: The property dedicated hereby is subject
to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on
the aforesaid attached plat, and further the Declarants reserve an easement over the Common
Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as
shown on the plat drawn by P. Duane Brown, Land Surveyor, dated October 4, 2001, of record
in the Frederick County Department of Planning and Development, as amended from time to
time, and further subject to Section 3 hereinafter recited.
Section 2. Slope and Surface Drainage Easement(s): The property dedicated hereby
is subject to those certain easements or rights of way designated Slope, Drainage Easement (s)
on the aforesaid attached plat, for the purpose of surface water drainage easement (s). No
structure of any kind which substantially impedes or obstructs the flow or ponding of surface
drainage water may be placed within said surface water drainage easements designated on the
aforesaid attached plat. Said surface water drainage easement (s) may not be altered or modified
without the prior consent of the County of Frederick and the Declarants do hereby grant and
convey unto the County of Frederick a perpetual right of way or easement over the aforesaid
designated surface drainage easement (s) for the purpose of so providing surface drainage.
Declarants do further agree that the County of Frederick shall be under no obligation to maintain
said surface drainage easement (s), provided, however, that in the event the Association fails to
maintain said surface drainage easement (s), then, and in that event, the County of Frederick shall
have the right to maintain the same and charge the Association pursuant to the provisions of
ARTICLE V, Section 11, hereinabove.
Section 3. Reservations: The Declarants reserve unto themselves, their successors
or assigns, the right to erect, maintain, operate and replace underground and above ground
telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water,
and television lines and related equipment are not located and along the strip ten (10) feet along
the front and rear of each Lot and a ten (10) foot strip centered on the side line of each adjoining
Lot, and a ten (10) foot strip along the boundary of all non -adjoining Lots, and the Declarants
Page 9
i =3
reserve unto themselves, their successors or assigns, an easement for telephone, electric, gas and
other utility lines, water and sewer lines, and surface drainage over the Common Areas, as
needed, provided that such easement shall not interfere with the use and enjoyment of the
Common Areas.
Section 4. Public Access to Star Fort: Declarants herewith declare a public access
to Star Fort from the spine road servicing the residential development, as generally shown on the
master Development Plan.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement: The Association, its successors or assigns, or any Owner,
shall have the right to enforce, by any proceeding at law or in equity, all restrictions, 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 be deemed a waiver of right to do so
thereafter.
Section 2. Severability: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision which shall remain in full force
and effect.
Section 3. Amendment: The covenants and restrictions of this Declaration shall run
with the land and bind the land, and shall inure to the benefit of and be enforceable by the
Association, or the Owner of any Lot subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this
Declaration is recorded, after which time, said covenants shall be automatically extended for
successive periods of ten (10) years. The covenants and restrictions of this Declaration may be
amended during the first thirty (30) year period by an instrument signed by not less than seventy-
five (75%) of the Lot Owners and their lenders, if any. 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
Page 10
} 0
agency, or the designee of the governing body of the County of Frederick, Virginia, to be used
for purposes similar to those for which the Association was created or for general welfare of the
residents of Star Fort, Section III. In the event that such dedication is refused acceptance, or if
the governing body refuses to designate a successor in interest to collect the annual assessments
provided for herein and the maintenance of the Common Facilities, then, in such event, such
assets shall be deemed vested in the Members of the Association as tenants in common, who shall
decide among themselves the manner in which the annual fees shall be collected and spent.
The Dedication of Subdivision of the land as shown on the aforesaid attached plat is with
the free consent and in accordance with the desire of the undersigned Declarants 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, by its duly authorized agents, evidences its acceptance
of this Deed of Dedication by its signatures on the aforesaid attached plat.
WITNESS the following signatures and seals:
SELDON, INC. JJ�
(SEAL)
CARLIN A. SMIT , Presi ent `
RICHARD G. HARDISON, INC.
B� �> l��l'`;,��'1�c—ram (SEAL)
RICHARD G. HARDISON, President
1U
Page 11
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, TO -WIT:
I, Brenda G. Murphy , allotary Public in and for the State andjurisdiction
,Stel3hen G. Butler as attorney -in -fact and a ent on behalf of
aforesaid, do hereby certify thaVC�ARLIN L. SMITH, President of SELDOM, INC., and whose
name is signed to the foregoing Deed of Dedication, dated June 14, 2002, has personally appeared
before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this 26th day of Juiv
Jum, 2002.
My Commission Expires 08/31/2002 .'��-• . l i �ti
.y k I
Y
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
CITY O CHEST TO -WIT:
I, QS4dee;�,, a Notary Public in and for the State and jurisdiction
aforesai , do ereby certify that RICHARD G. HARDISON, President of RICHARD G.
HARDISON, INC., and BYRON A. BRILL, President of RICHARD & BYRON, INC., whose
names are signed to the foregoing Deed of Dedication, dated June 14, 2002, have personally
appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this day of June, 2002.
My Commission Expires Gvx.L 3U �200 S�
10301-SEG3 A:DEED of Dedication
Page 12
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EXHIBIT A
Use common restrictions and covenants applicable to Star Fort, Section III
LAND USE: No lot shall be used except for single family residential purposes. No
beauty shops or similar home -occupations, nor home occupations of any type shall be
allowed on any of said lots. No yard sales or similar commercial enterprises may be
conducted on said lot.
2. BUILDING TYPES: 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 detached buildings shall be allowed on any lot. All garages shall be attached
to the dwelling. No mobile homes are permitted on any of said lots. No recreational type
camper trailer or recreational vehicle shall be parked on any of said lots unless such
recreational camper trailer or recreational vehicle is stored so as not to be seen from any
road at any angle of sight.
3. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said
lots to contain less than the following total finished living space, exclusive of open
porches, carports, garages, and basements of the following types of dwellings:
(a) One story dwellings shall have 1,575 finished square feet;
(b) Split-level dwellings shall have a total of 1,760 finished square feet above and
below grade;
(c) Split foyer dwellings shall have 1,340 finished square feet on its upper level and a
total of 1,740 combined-,
(d) A one and one-half stories dwelling shall have a total of 1,760 finished square feet;
(e) Two story dwellings shall have 1,760 finished square feet on each floor,
(f) A storage building shall be allowed so long as the same is equal or better in quality
of materials,of the dwelling house erected on the lot and the same shall not exceed
144 square feet, nor shall the same be greater in height than 8 feet with a 5/12 roof
pitch. any storage building shall be compatible with the architecture of the dwelling
house erected on the lot-,
(g) All structures must have a minimum roof pitch of 5/12.
L i
4. BUILDING FOUNDATION: All parging of foundation walls above ground level shall be
painted so as to conceal the color of the parge. The color of the paint shall be compatible
with the color of the dwelling.
5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not
limited to, trailers, mobile homes, campers, basements, tents, shacks, garages, barns, or
other outbuildings shall be used on any lot at any time as a residence, either temporary or
permanent. No manufactured homes as defined in Title 36 of the Code of Virginia, 1950
as amended shall be maintained on any lot.
6. FENCES: No fences shall be located in front or on the sides of the house. Fencing in the
rear of the house may not exceed forty-eight (48) inches in height and the material and
design shall be wooden board or rail, and in no event shall chain link fences or wire fences
be used. All fences constructed shall be kept and maintained in good repair, including
painting and staining, if the same is required. Provided, however, that this restriction shall
not preclude the owner from constructing a fence as required by the BOCA CODE in the
event that an in' ground swimming pool is placed upon the subject property.
7. SWIMMING POOLS: No above ground swimming pool shall be constructed on any lot.
8. SIGNS: No sign of any kind shall be displayed on any lot except a single sign not larger
than five (5) square feet advertising the lot for sale which shall be removed as soon as the
object is achieved.
9. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible
from the street serving the premises.
10. SATELLITE DISHES: One (1) TV antenna or satellite dish, not in excess of one (1)
meter in diameter, may be allowed so long as the same is attached to the chimney of the
house or attached to the rear roof of the house located on the lot.
11. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a
dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in
sanitary containers with tops, said containers to have a capacity of not more than forty
(40) gallons and shall not exceed two (2) in number.
12. ANIMALS: No animal, livestock or poultry of any kind shall be raised, bred or kept on
any lot, except that two (2) cats and two (2) dogs per household are allowed provided the
lot be served by an invisible fence. All dogs and cats shall be restricted to the lot(s) of
their owner and shall not be allowed to roam the Star Fort Subdivision.
13. OFF-STREET PARKING: After a residence is built on any of the said lots, the lot owner
2
i^!
shall provide in connection therewith, off-street parking space of at least twelve feet (12')
by thirty-five feet (35'). The driveway must be paved or hard surfaced by asphalt,
concrete, or other approved material by the Architectural Review Committee set forth
hereinafter. Provided, however that the developer may waive all or portions of the paving
requirements set forth hereinabove.
14. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than
3/4 ton or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any
street in this subdivision. No lot shall be used for manufacturing purposes or for the sale,
parking, or storage of new or second-hand automobiles or other motor vehicles. No
abandoned motor vehicles will be permitted on any lots or parking area. (For this
purpose, an abandoned motor vehicle is defined as one which bears no or an expired
license plate and has not been operated within six (6) months on a public street or
highway).
15. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure,
fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot
which rises more than three (3) feet above ground level within ten (10) feet of the
intersection of any two street lines.
16. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood. Each lot shall be kept mown and free from weeds and debris at all times,
and shall be kept cleared in accordance with State laws and local ordinances.
17. UTILITIES: All utilities, including all telephone, electric, television, gas, TV cable, etc.,
shall be located underground.
18. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits
the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than
twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his
expense. This final determination regarding this requirement will be made by the Virginia
Department of Transportation representative who services the property and NO
ENTRANCE, TEMPORARY OR PERMANENT, SHALL BE MADE WITHOUT
FIRST OBTAINING A PERMIT FOR SUCH ENTRANCE FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION.
19. BUILDINGS: No building of any sort shall be place or constructed on any Lot hereby
dedicated unless or until plans and descriptions of the same shall have been submitted in
duplicate to and approved by the Architectural Review Committee. In addition, the
Architectural Review Committee shall approve all exterior colors for roofing, doors,
windows, shutters and exterior coverings of the house, as part of the review and approval
process. Once approval of colors has been made, no change in color scheme shall take
3
place for a period of five (5) years after completion of construction.
(a) Buildings may be of either traditional or contemporary design but must be situated,
designed, constructed and finished so as not to detract from the natural beauty of
the surroundings and shall be compatible with the existing buildings. The power
to determine compliance with this standard shall rest solely with the discretion of
the Architectural Review Committee who have no liability whatsoever for the
approval or disapproval of any such plans.
(b) The initial Architectural Review Committee shall consist of three (3) members
appointed by the Declarants to serve through December 31, 1999. The Declarants
shall be solely empowered to fill, by further appointment, any term which shall
become vacant prior to December 31, 1999.
(c) Those persons owning Lots hereby dedicated in Star Fort, Section II in the year
2002 and subsequent years, may elect successor members to continue the existence
of the Architectural Review Committee. Successor members shall be elected for
terms of one (1) year. Each Lot shall be entitled to cast one (1) vote for each Lot
owned for each of the three (3) positions to be filled. Any persons owning the lots
hereby dedicated shall be eligible for election as successor members.
(d) Members of the Architectural Review Committee shall serve without
compensation and shall not be liable to any person or entity for any exercise or
nonexercise of the powers accorded them. Likewise, a Lot Owner shall not be
liable to any person for any exercise of nonexercise of powers herein accorded
them.
(e) Specifically, no construction of any buildings shall be commenced until the
Architectural Review Committee has approved, in writing, the (1) drawings, (2)
siting, (3) design or style and construction materials, and (4) the color scheme of
the building.
(f) The Architectural Review Committee shall have the authority to engage third party
architectural advice at the sole cost and expense of the party seeking approval of
building plans.
20. WAIVER OF COVENANTS: The Declarant, herein alone reserves the right to waive any
of these restrictive covenants. The Declarant or its appointed successor in interest, shall
further reserve the right to waive any violation of setback line, side and rear yard setback
line. This right of waiver shall not affect the binding effect of the covenants conditions
upon any Lot.
21. ENFORCEMENT: The Declarant, herein, and any and every person hereafter having the
M
right, title, or interest in any Lot shall have the right to prevent or -'stop violation or
attempted violation of any of these restrictions by injunction or other lawful procedure,
and to recover any damages resulting from such violation. Together with his or her costs
and reasonable attorney's fees expended therein, if there is no other adequate basis for
determining actual damages caused by violation of any restriction. Declarant's right of
enforcement shall survive the closing and delivery of the deed for the benefit of
Declarant's interest in other adjacent land.
22. SEVERABILITY: Invalidation of any of these covenants by judgment or court order or
in any other manner, shall in no way affect any of the other provisions, which shall remain
in full force and effect.
10301 C:\OFFICE\WPWIlV\CLIENT\STARFORT\SLTB.RES - swf
5
r\`• ,.'/,,t :ILVu1 �,• •r � �� J,r ; it `'.. '� � 14a
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=20 00
APPROVED BY
VIRGINIA DEPARTMENT OF TRANSPORTATION DATE a
FREDERICK COUNTY SANITATION AUTHORITY' ... DATE
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR'` f°�'"� DATES 4 2
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING SUBDIVISION OF LAND, AS APPEARS IN THE ACCOMPANYING
PLATS, IS WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE
UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
RICHARD G. HARDISON, INC. & B RON, I C. SELDON, 'INC'
•§bTARY PUBLIC
N TARY PUBLI IN AND F R THE STATE OF�IRGINIA, AT LARGE,
Q,QFRT
p '�•�PHOSE NAMES ARE SIGNED
THE FO 0.0 NG OWNER'S CERTIFICATE, ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE.
\4rI )EN UNDEI fY �ANIY- HIS DAY OF 2007,
ti1Y.COMMTSS110-� EXPIR U v2DOs
_
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF
THE LAND THAT WAS CONVEYED TO RICHARD
G. HARDISON, INC., RICHARD & BYRWN, INC. AND
SELDON, INC. BY DEEDS DATED SEPTEMBER 14, 1995, SEPTEMBER 14, 1995, AND FEBRUARY
14, 1996, SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
FREDERICK COUNTY, VIRGINIA IN DEED BOOK 845 AT PAGE 895, DEED BOOK 845 AT PAGE
904 AND DEED BOOK 853 AT PAGE 1, RESPECTIVELY.
P. DUANE BROWN, L.S.
FINAL PLAT OF SUBDIVISION�PLTH
OF
�r
STAR FORT r-j SECTION III°�
STONEWALL MAGISTERIAL DISTRICT
�'�•�u.�.Y.e,�,�..,-�9
FREDERICK COUNTY, VIRGINIA
P. Duane Brown
No. 001285
10#0Np SUR���o¢
DATE: 10/4/01
COVER SHEET
SHEET 1 OF 6
Marsh & Legge Land Surveyors, P.L.C.+♦����
560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601
DRAWN BY: RTR
PHONE (540) 667-0468 N FAX (540) 667-0469
EMAIL, office®marshandlegge.com
DWG NAME: id3247
LOA
SHOC
DB 748 PG 688
ZONED.• V.
USE' INDU N
` �
_
— - � 54 '
.2,
' 55 I
53 /�' 57
56
I
52
5 ,
►. w �.� 51
" 00W �_� 45
50
44
LO
— CO N 49
Ci
43
4z 8
_
0 J
CL
SENTRY COURT p
50' R/W
47
SHEET INDEX
Q � L/ 42
� 46
-�
�z
3� 41
EX. FORTRESS DRIVE
FINAL PLAT OF SUBDIVISION
STAR FORT N SECTION III
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
0 100 200
DATE: 10/4/01 KEY MAP SHEET 3 OF 6
Marsh & Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 2260'
PHONE (540) 667-0468 — FAX (540) 667-0469
EMAIL office@marshandlegge.com
LOTS
ISHEET
42-44
4
45
5
46-50
4
51-57
5
P. Duane Brown
No. 001285
Oc7�; 4,.200/
CgND SUR���o�
DRAWN BY: RTR
DWG NAME: id3247
CURVE TABLE
CURVE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
DELTA
C1
300.00'
29.95'
14.99'
S 76'59'5T E
29.94'
05'43'15"
C2
250.00'
24.96'
12.49'
N 76'59'53" W
24.95'
05'43'15'
C3
275.00'
228.30'
121.19'
N 37'51'29" E
221.80'
47'33'54"
C4
275.00'
212.25'
1 1 1.73'
N 83'45'05" E
207.02'
44' 13' 19"
C5
35.00'
54.98'
35.00'
N 59'04'32" E
49.50'
90'00'00"
C6
35.00'
54.98'
35.00'
N 30'55'28" W
49.50'
90'00'00"
C7
250.00'
39.55'
19.82'
N 18'36'28" E
39.51'
09'03'51"
C8
250.00'
167.99'
87.31'
N 42'23'24" E
164.85'
38*30'03'
C9
250.00'
167.99'
87.31'
N 80'53'28" E
164.85'
38'30'03"
C10
300.00'
71.81'
36.08'
N 86'42'58" W
71.64'
13'42'55"
C 1 1
300.00'
75.75'
38.08'
S 79' 1 1 '32" W
75.55'
14*28'05"
C 12
35.00'
48.68'
29.20'
N 68' 12'02" W
44.85'
79'40'57"
C 13
25.00'
21.03'
1 1.18'
N 04' 15'52 W
20.41 '
48' 1 1 '23"
C 14
50.00'
53.60'
29.70'
N 10'52'56 W
51.07'
61 *25'31 "
C15
50.00'
55.66'
31.11'
N 73'29'02" W
52.83'
63'46'40"
C16
50.00'
82.69'
54.33'
S 2714'53" W
73.59'
94'45'30"
C17
50.00'
49.23'
26.82'
S 48'20'24" E
47.27'
56'25'05"
C 18
25.00'
21 .03'
1 1 .18'
S 52'27' 15" E
20.41 '
48' 1 1 '23"
C19
35.00'
48.68'
29.20'
S 11'28'54" W
44.85'
79'40'57"
C20
300.00'
75.75'
38.08'
S 44'05'20" W
75.55'
14'28'05"
C21
300.00'
71.81'
36.08' 1
S 29'59'50" W
71.64'
13'42'55"
C22
300.00'
47.46'
23.78'
S 18'36'28" W 1
47.41 '
09.03'51 "
AREA SUMMARY
AREA IN LOTS 6.2644 ACRES
AREA IN R/W 1.3263 ACRES
TOTAL AREA SUBDIVIDED - 7.5907 ACRES
NUMBER OF LOTS - 16
AVERAGE LOT SIZE - 17,055 SO FT
SMALLEST LOT SIZE - 15,000 SO FT
PIN 54-A-1 RESIDUAL AREA - 50.157 ACRES
MINIMUM SETBACK REQUIREMENTS,
FRONT = 35'
REAR = 25'
SIDE = 10'
IRON RODS ARE TO BE SET AT ALL CORNERS NOT PREVIOUSLY MONUMENTED,
ZONING, RP
PROPOSED USE, SINGLE FAMILY DETACHED TRADITIONAL
ALL LOTS ARE SUBJECT TO A 10' SLOPE & DRAINAGE EASEMENT ALONG ALL
RIGHTS -OF -WAY AND A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL
PROPERTY LINES.
FINAL PLAT OF SUBDIVISION
STAR FORT SECTION III
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
' DATE: 10/4/01 1 GENERAL NOTES I SHEET 2 OF 6 1
Marsh & Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468 - FAX (540) 667-0469
EMAIL office@marshandlegge.com
���PLTH OF Lr
P. Duane Brown
No. 001285
•
0*: S U P, V E� ��♦
DRAWN BY: RTR
DWG NAME: id3247
52 SEE SHEET 5 OF 6
5 10' DRAINAGE
& UTILITY EASEMENT
\1 51 50
20,172 SF
_4 L N38'11'01'E
3537'
SANITARY SEWER ESM'T
49
16, 922 SF m I
L— — — — — — — — — — — — -
t S75*55
81 7 - - - - - - - - - -
I N 14 - 2 9'2
1 225.05'
(z) 1 48
1 15,375 SF
L — — —
187.50�-
47
75,,375 SF
575*5T5 28 F
10, N18*02'46'E
6) 106.54'
Q) 46
75,758 SF I I N
— — — — — — — — — — —
_J
N744'T7"T,71-7
0 51
10,0.00'
EX. FORTRESS I
DRIVE — 50' R/W
tx SEE SHEET 5 OF 6
0)
61,0
45
l
44
\>
„, :;1 1 16, 778
SF
Z6 S
NI
Ic"i 43
75,385 SF
Q
#101
L— — — — — — —
1
-
LO
CN
SENTRY COURT
50R/W
V)
S755528'�E_ 149.T6-7
Ld
cr_
0
LL.
75'55 28
10' DRAINAGE
UTILITY EASEMENT
I (Q
#100
lz�l
co NS
42
15,000 SFrn� I i _
Q)
_j
L — — —
78_1757736W 128.53'
EX, TEMP, TURN -AROUND ESM'T
(DB 921 PG 610)
HEREBY VACATED
41
FINAL PLAT OF SUBDIVISION
STAR FORT r--, SECTION III
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
•m
lim�mmpm
I DATE: 10/4/01 1 SCALE: 1 "=60' 1 SHEET 4 OF 6 1
Marsh & Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468 - FAX (540) 667-0469
EMAIL office@marshandlegge.com
',�'AAJH OF
P. Duane Brown
No. 001285
zoo
DRAWN BY: RTR
DWG NAME: id3247
5 4
N,4-04'J2"E 667-56
1-4-4-28
8.46
51
X18\1 27,432 SF
ONO
� Rxl-�lco x
Y52j�
N �
LLJ 52
16,984 SF
X
LLI LLI 54
17,032 SF Ql)
41-
51
75,647 SF
N38*11'01'E
62.07'
.� � / / �h G � j �� '�� '� i �2, � Ste- ��V �u
Q)
55
00/
OX
76,905 SF
41,78/
O\�'��
S�F//
S87'58'52'W
116.00'
56 ZS
SANITARY SEWER 17,692 5F
EASEMENT
SANITARY SEWER
1,D EASEMENT
44 A
LAJ 5 57
L'
20,888 5F
C)
10' DRAINAGE
�,.,` \ & UTILITY EASEMENT
45 'p\ v�
76,137 SF
196.93
li-0829"W
S
'00000�
515 '51
W 103.45 5 -,005' (5100
5.0 200
c/) SEE SHEET 6 OF 6
FINAL PLAT OF SUBDIVISION
STAR FORT r--, SECTION III
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
I DATE: 10/4/01 1 SCALE: 1 "=60' 1 SHEET 5 OF 6 1
Marsh & Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468 — FAX (540) 667-0469
EMAIL office@marshandlegge.com
l4-P�'YH OF
P. Duane Brown
No. 001285
42V
0 V
04 � D su?"�/
DRAWN BY: RTR
DWG NAME: id3247
SEE SHEET 5 OF 6
WE
U_
0
w
w
w
w
CIO
44
C3 �
s
i
i
45
515 51 '45
$1 p'08'29„w 103.45 N 5.
55
57 i
$10-08'2.9 W
RADIUS = 275'
ARC LENGTH = 26.19'
/ rn 00 \
1 (D
\ r7 /
\ _ TEMPORARY TURN -AROUND
EASEMENT
HARDISON, BYRON & SELDON
(REMAINDER N 50.157 ACRES)
PIN 54—A-1
DB 845 PG 895, DB 845 PG 904,
DB 85J PG 1
ZONED: RP & B-2
USE: VACANT
FINAL PLAT OF SUBDIVISION
STAR FORT N SECTION III
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
0 60 120
DATE: 1 0/4/01 SCALE: 1 "=60' SHEET 6 OF 6
Marsh & Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468 N FAX (540) 667-0469
EMAIL off ice@marshandlegge.com
PLTH OF Lr �
o �
U�i✓Gt.O�r..c� X�-+'v-�c�r�
P. Duane Brown
No. 001285
acf. 4, 2001
DRAWN BY: RTR
DWG NAME: id3247
VIRGINIA: FREDERICK COUNTY, SCT.
This instrjunent Of writing was ,)ro'JuOcd to me on
9-14 -o,,z yy
Z--------- , at.
ate of ckm 1emen, theret
was 11 1 Mvitcl�, o anriexcd, adini, tt�cj Vc, record. —ja ;'nPoscdl
- v Sec:. 58-1-802 of
and 58.1 901 11"I-vc be-cf, paid, ifa,
,sessablc
Clerk
171 C 1 i-0589
File k 10301
13NU3:111
THIS DEED OF DEDICATION made and dated this 1 st day of October,
1998, by and between SELDON, INC., a Virginia Corporation; RICHARD G. HARDISON.
a Virginia Corporation, and RICHARD & BYRON, INC., a Virginia Corporation, parties
the first part, hereinafter called the Declarants, and THE COUNTY OF FREDERICK
party of the second part.
WHEREAS, the Declarants are the owners in fee simple of the real estate shown on
e attached plat drawn by P. Duane Brown, Land Surveyor, dated May 5, 1998, known as Star
ort, Section Il, described on the Final Master Development Plan of, Star Fort, Section II, as filed
the Office of the Frederick County Department of Planning and Development; and,
WHEREAS, the real estate shown on the aforesaid plat has been divided into lots and
shows a portion of the public streets known as Fortress Drive, Sentinel Drive and Caliber
ourt, which are hereby dedicated to the public and the temporary turnaround easement at the
of Fortress Drive; and,
WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half ('/2)
in the subject property, the same having been acquired by deed dated February 14, 1996,
record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed
k 853 at Page 0001; and,
WHEREAS, Richard G. Hardison, Inc., a Virginia Corporation, is the owner of a
ne-fourth (1 /4) interest in the subject property, the same having been acquired by deed dated
I;UYKENDALL.
rOHNSTON. McKEE September 14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 895;
6: Bt.TLER. P.L.C.
P.O. Drawer 2097
Winchester, V 22604 Ian
nit
UK92 1 = 0590
WHEREAS, Richard & Byron, Inc., a Virginia Corporation, is the owner of one-
urth (1/4) interest in the subject property, the same having been acquired by deed dated
ber 14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 904;
WHEREAS; the Declarants now wish to subdivide the same into lots known as Star
ort, Section II. The subdivision of the said real estate as shown on the attached plat is with the
consent and in accordance with the desires of the Declarants, and the Restrictive Covenants
n set forth shall apply only to Star Fort, Section II and Declarants may apply different
covenants to other sections of the Subdivision.
NOW, THEREFORE, THIS DEED OF DEDICATION
ITNESSETH: That for and in consideration of the premises and benefits which will
by reason of this Dedication, the Declarants do hereby subdivide all of that certain tract of
and designated as Star Fort, Section II, lying and being situate in Stonewall Magisterial District,
rederick County, Virginia, and dedicate to the County of Frederick that certain portion of the
s known as Fortress Drive, Sentinel Drive and Caliber Court, together with all drainage
ements, and more particularly described by the aforesaid plat of P. Duane Brown, Land
urveyor, dated May 5, 1998, attached hereto and by this reference made a part hereof as if set
ut in full, and which plat is drawn in conformity with the Final Master Development Plan for Star
ort, Section II, on file in the Office of the Frederick County Department of Planning and
►evelopment. This is a portion of the same real estate, a one-half (1/2) interest of which was
onveyed to Seldon, Inc., a Virginia Corporation, by deed dated February 14, 1996, of record in
2
8K921 ?i_'Q591
ie Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 853 at
age 0001; and a one-fourth (1/4) interest of which was conveyed to Richard G. Hardison, Inc., a
'irvuinia Corporation, by deed dated September 14, 1995, of record in aforesaid Clerk's Office in
►eed Book 845 at Page 895; and a one-fourth (1/4) interest of which was conveyed to Richard &
Inc., a Virginia Corporation, by deed dated September 14, 1995, of record in the aforesaid
k's Office in Deed Book 845 at Page 904.
All of the Lots shown on the plat attached hereto shall be subject to the following
strictions, covenants set forth on Exhibit A attached and Articles which are covenants real
with the land, and shall be binding upon all parties having any right, title and interest in
to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to
benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Star Fort Property Owners
on, Inc. ("SFPOA"), a nonstock Virginia Corporation, its successors and assigns. The
purpose of the SFPOA shall be the imposition of a mandatory assessment upon owners
developed lots to assist in funding the operation and maintenance of Star Fort, located
acent thereto, as a park and educational site opened to the public. Such SFPOA may have
h other purposes, functions and duties with regard to the property as the Declarants shall
ermine.
Section 2. "Properties" shall mean and refer to that certain real property hereinabove
ibed as Star Fort, containing 0.9 Acres, more or less, and a jogging trail (`'the Common
BK921PL60592
") and such additions thereto as may hereafter be brought within the jurisdiction of the
sociation.
Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of
tar Fort, Section II, with the exception of the Common Areas.
Section 4. "Member" shall mean and refer to every person or entity who holds
bership in the Association.
Section 5. "Owner" shall mean and refer to the record owner, whether one or more
ns or entities, of a fee simple title to any Lot which is a part of the Properties, including
ntract sellers, but excluding those having such interest merely as security for the performance of
obligation.
Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison,
, and Richard & Byron, Inc.
ARTICLE II
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided interest in any Lot
ch is subject by covenants of record to assessments by the Association, including contract
llers, shall be a member of the Association. The foregoing is not intended to include persons or
ities who hold an interest merely as security for the performance of an obligation. One
per Lot. Membership shall be appurtenant to and may not be separated from
hip of any Lot which is subject to assessment by the Association. Ownership of such Lot
all be the sole qualification for Membership.
E
BK92ir'G0593
ARTICLE III
VOTING RIGHTS
Each Member of the Association shall have one vote for each lot owned in which said
ember shall hold the interest required for membership in Article II. When more than one person
Ids such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
ercised as they among themselves determine, but in no event shall more than one vote be cast
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
more than nine (9) directors, who need not be Members of the Association. The initial Board
Directors shall be appointed by the Declarants to serve until the first annual meeting following
Deed of Dedication; thereafter the Board of Directors shall be elected by the Membership as
in the Bylaws of the Association.
ARTICLE IV
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1. Members' Easements of Enjovment: Every Member shall have a right
and easement of enjoyment in and to the Common Areas, specifically including but not limited to
rights of ingress and egress to and from the aforesaid Common Areas as shown on the
attached plat 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 to suspend the voting rights and the right to
the use of the Common Areas by a Member for any period during which anV
Bh9211PG0594
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.
b. 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 si(,ned by Members entitled to cast
seventy-five percent (75%) of the votes has been recorded agreeing to such
dedication or transfer, and unless written notice of the proposed action is sent to
every Member not less than twenty-five (25) days nor more than fifty (50) days in
advance.
Section 2. Delegation of Use: Any Member may delegate in accordance with the
aws, his right of enjoyment to the Common Area to members of his family, his tenants, or
act purchasers who reside on the property.
ARTICLE V
COVENANTS FOR MAINTENANCE
ASSESSMENTS FOR THE ASSOCIATION
Section 1. Assessments: The Declarants, for each Lot owned within Star Fort,
section II, hereby covenant, and each Owner of any Lot by acceptance of a deed therefor,
er or not it shall be so expressed in any such deed or other conveyance, is deemed to
to agree and to pay to the Association an annual assessment, such assessment to be
axed, established, and collected from time to time as hereinafter provided in Section 7. The
annual assessment, together with such interest, shall be a charge on the land and shall be a
continuing lien upon the property against which each assessment is made. Each such assessment,
together with such interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such property at the time when the assessment fee
as due. The personal obligation shall not pass to his successors in title unless expressly assumed
rel
8K92 1 FG'O595
them.
Section 2. Purpose of Assessments: The assessments levied by the Association
be used exclusively for the purpose of promoting the recreation, health, safety and welfare of
he Properties and, in particular, for the improvement and maintenance of the Properties, payment
f real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose
related to the use and enjoyment of the Common Areas.
Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year
diately following the conveyance of a Lot to an Owner, the maximum annual assessment
be in the amount of the current per year Lot assessment, provided, however, in no case shall
he same be less than $60.00 per year per Lot and may not be increased for five (5) years after the
n of the Association and may thereafter be increased not more than ten percent (10%) per
and in no event shall the same exceed $250.00 per Lot per year. The proceeds of the annual
essments shall be dedicated to the operation and maintenance of Star Fort by any person,
Icorporation, partnership, or other private entity, or any governmental agency, or their successors
land assigns (hereinafter the "operating entity")
a. Subject to the above provisions, from and after January 1 of the year immediately
following the formation of the Association, the maximum allowable increases of
not more than ten percent (10%) per year may be increased by a vote of the
Members for the next succeeding and at the end of each year's period, for each
succeeding period of one (1) year, provided that any change shall have the assent
of two-thirds (2/3) of the vote 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) nor more than sixty (60) days in advance of the
meeting, setting forth the purpose of the meeting. The limitations hereof shall not
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.
7
8K921FL3
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. Operation and Maintenance of Star Fort: (a) The SFPOA Board of
tors shall be authorized to make direct grants of sums raised hereunder to the operating
or to enter into contracts with the operating entity or any other business or entity, for the
,ses of operating and maintaining Star Fort, provided that such contracts have been first
bmitted to and approved by the operating entity.
(b) No funds hereunder may be provided to the operating entity, unless and until
dget for the operation and maintenance of Star Fort shall have first been submitted to and
by the Frederick County Board of Supervisors. Funding shall be denied to any
erating entity in the event that the Board certifies that the operating entity cannot perform, or is
performing, its obligations to operate and maintain Star Fort as provided herein.
(c) Unless waived by the Board of Supervisors, it shall be a condition of the continued
by the operating entity of any funds provided for hereunder, that it submit an annual report
its finances and financial operations to the Board prepared by a duly licensed certified public
and prepared in accordance with standard accounting practices, to assure the faithful
proper application of the funds provided.
(d) The SFPOA shall be authorized to convey any common open space or other
erty otherwise subject to its ownership and control to the operating entity for the purposes
of.
(e) The operating entity may expend any funds provided hereunder for any purpose
y related to the operation and maintenance of Star Fort and the acquisition of additional
0
G�921"'0597
-operty which may advance the purposes hereof.
Section 5. Uniform Rate of Assessment: Annual dues must be fixed at a uniform
to for all Lots, and may be collected on a semiannual basis.
Section 6. Quorum for anv Action Authority Under Sections 3 and 4• At the first
eeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or
proxies entitled to cast thirty-three percent (33%) of all votes shall constitute a quorum. If the
quired quorum is not forthcoming at any meeting, another meeting may be called, subject to the
Mice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent
Feting shall be sixteen percent (16%). No such subsequent meeting shall be held more than
:ty (60) days following the preceding meeting.
Section 7. Data of Commencement of Annual Assessments: Due Date: The
nual assessments provided for herein shall commence as to any particular Lot on the first day of
he month following the issuance of a building permit for that Lot. The first annual assessment
shall be adjusted according to the number of months remaining in the calendar year. 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
o 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 of Directors for the issuance of the
certificates. Such certificates shall be conclusive evidence of payment of any assessment therein
stated to have been paid-
0
UK 921PUG 05,98
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association:
iy assessment which is not paid when due shall be delinquent. If the assessment is not paid
thin thirty (30) days after the due date, the assessment shall bear interest from the date of
linquency at the rate of twelve percent (12%) per annum, and the Association may bring an
lion at law against the Owner personally obligated to pay the same, or foreclose the lien against
property, and interest, costs and reasonable attorney's fees on any such action shall be added
the amount of such assessment. No Owner may waive or otherwise escape liability for the
;essment provided for herein by nonuse of the Common Areas or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages: The lien of the assessments
)vided for herein shall be subordinated to the lien of any mortgage or mortgages now or
-eafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien.
owever, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust,
pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the
lien of such assessment as to payments thereof which become due prior to such sale or transfer.
o sale or transfers shall relieve such Lot from liability for any assessment thereafter becoming
due from the lien thereof.
Section 10. Exempt Property: The following property subject to this Declaration
shall be exempt from the assessments created herein; (a) the Common Areas; and (b) all properties
dedicated to and accepted by a charitable or nonprofit organization exempt from taxation by the
laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from
these assessments.
Section 11. Failure to Maintain Common Areas: In the event that the Association,
10
BK921 PGO599
r its successors, shall fail to maintain the Open Space in reasonable order and condition, the
ounty of Frederick may take such action as authorized by the Frederick County Zoning
ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if
,tout in full.
ARTICLE VI
USE, RESTRICTIONS AND COVENANTS
Star Fort, Section II, shall be subject to the restrictions set forth on EXHIBIT A, attached
ereto and by this reference made a part hereof as if set out in full, which are constituted
covenants real to run with the land. Notwithstanding anything to the contrary herein, these
ovenants shall apply only to Star Fort, Section II, and not to the other sections of the Star Fort
Subdivision, unless expressly set forth in the dedication of each subsequent section of said
Subdivision.
ARTICLE VII
EASEMENTS
Section 1. Sewer and Water Easements: The property dedicated hereby is subject
to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on
the aforesaid attached plat, and further the Declarants reserve an easement over the Common
Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as
Shown on the plat drawn by P. Duane Brown, Land Surveyor, dated May 5, 1998, of record in the
Frederick County Department of Planning and Development, as amended from time to time, and
urther subject to Section ; hereinafter recited.
6K92 1 PG 0 b- 0 0
Section 2. Slone and Surface Drainage Easement(s)• The property dedicated
hereby is subject to those certain easements or rights of way designated Slope, Drainage
Easement (s) on the aforesaid attached plat, for the purpose of surface water drainage
asement(s). No structure of any kind which substantially impedes or obstructs the flow or
onding of surface drainage water may be placed within said surface water drainage easements
esignated on the aforesaid attached plat. Said surface water drainage easement (s) may not be
Itered or modified without the prior consent of the County of Frederick and the Declarants do
hereby grant and convey unto the County of Frederick a perpetual right of way or easement over
he aforesaid designated surface drainage easement (s) for the purpose of so providing surface
drainage. Declarants do further agree that the County of Frederick shall be under no obligation to
aintain said surface drainage easement (s), provided, however, that in the event the Association
ails to maintain said surface drainage easement (s), then, and in that event, the County of
Frederick shall have the right to maintain the same and charge the Association pursuant to the
rovisions of ARTICLE V, Section 11, hereinabove.
Section 3. Reservations: The Declarants reserve unto themselves, their successors
or assigns, the right to erect, maintain, operate and replace underground and above ground
telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water,
and television lines and related equipment are not located and along the strip ten (10) feet along
he front and rear of each Lot and a ten (10) foot strip centered on the side line of each adjoining
ot, and a ten (10) foot strip along the boundary of all non -adjoining Lots, and the Declarants
reserve unto themselves, their successors or assigns, an easement for telephone, electric, gas and
other utility lines, water and sewer lines, and surface drainage over the Common Areas, as
12
BK9211PO-0601
ded, provided that such easement shall not interfere with the use and enjoyment of the
ommon Areas.
Section 4. Public Access to Star Fort: Declarants herewith declare a public access
o Star Fort from the spine road servicing the residential development, as generally shown on the
Development Plan.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement: The Association, its successors or assigns, or any Owner,
have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions,
reservations, liens and charges, now or hereafter, imposed by the provisions of this
eclaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any
or restriction herein contained shall in no event be deemed a waiver of right to do so
Section 2. Severability: Invalidation of any one of these covenants or restrictions by
or court order shall in no way affect any other provision which shall remain in full force
effect.
Section 3. Amendment: The covenants and restrictions of this Declaration shall run
the land and bind the land, and shall inure to the benefit of and be enforceable by the
sociation, or the Owner of any Lot subject to this Declaration, their respective legal
presentatives, heirs, successors and assigns, for a term of thirty (30) years from the date this
eclaration is recorded, after which time, said covenants shall be automatically extended for
13
EK9&-. 10 0Q2
.iccessive periods of ten (10) years. The covenants and restrictions of this Declaration may be
mended during the first thirty (30) year period by an instrument signed by not less than seventy-
ve percent (75%) of the Lot Owners and their lenders, if any. Any amendment must be properly
;corded.
Section 4. Dissolution: Upon dissolution of the Association, other than incident to a
rger or consolidation, the assets of the Association shall be dedicated to an appropriate public
-ncy, or the designee of the governing body of the County of Frederick, Virginia, to be used for
-poses similar to those for which the Association was created or for general welfare of the
idents of Star Fort, Section II. In the event that such dedication is refused acceptance, or if the
✓erning body refuses to designate a successor in interest to collect the annual assessments
Wided for herein and the maintenance of the Common Facilities, then, in such event, such
ets shall be deemed vested in the Members of the Association as tenants in common, who shall
;ide among themselves the manner in which the annual fees shall be collected and spent.
The Dedication of Subdivision of the land as shown on the aforesaid attached plat is with
to free consent and in accordance with the desire of the undersigned Declarants and is in
mformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together
ith the applicable ordinances and regulations of the governing body of the County of Frederick,
irginia.
The County of Frederick, Virginia, by its duly authorized agents, evidences its acceptance
'this Deed of Dedication by its signatures on the aforesaid attached plat.
14
BK92 ! l b-0603
WITNESS the following signatures and seals:
SELDON, INC.
BY: (SEAL)
CARLIN A. SMITH, President
RICHARD G. HARDISON, INC.
BY: ?_C��- 4 / Sc&j (SEAL)
DL* E M. Ja+Saq, Vice Pre`;idEr t
RICHARD & BYRON, INC
BY: (SEAL)
esl ''
;TATE OF VIRGINIA
CITY OFWINCHESTER, TO -WIT:
1, n t 1)Q n yer , a Notary Public in and for the State and
jurisdiction aforesaid, do hereby certify that CARLIN L. SMITH, President of SELDON, INC.,
and whose name is signed to the foregoing Deed of Dedication, dated October I , 1998, has
personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this _6�day of Q&okje_r 1998.
My Commission Expires
.��Q�o�Moniw F
`.l�.l �l 11 Qi t 1 4 i1 : F•' '9G
NOVARY PUBLIC
OF =
L
'
STATE OF VIRGINIA ;2Oj;G�9 ....... G
PUS
CITY OF WINCHESTER, TO -WIT: �•�,7,�j,,,�,.4�
1, ,AQ.r.9e M l i )i n Ye r , a Notary Public in and for the State and
jurisdiction aforesaid, do hereby certify that DIANE M. jcR,.�M, Vice President of
RICHARD G. HARDISON, INC., and BYRON A. BRILL, President of RICHARD & BYRON,
15
BK921FG0604
10301
C., whose names are signed to the foregoing Deed of Dedication, dated October —L, 1998
personally appeared before me and acknowledged the same in my State and jurisdiction
resaid.
Given under my hand this day of OC Obe-r 19CI
My Commission Expires c)
��,.•••"'•.,,� NOT Y PUBLIC
'V or-
0 `ERG\N . •���.
OR
DH92 1 K0005
EXHIBIT A
Use common restrictions and covenants applicable to Star Fort, Section Il:
LAND USE: No lot shall be used except for single family residential purposes. No
beauty shops or similar home -occupations, nor home occupations of any type shall be
allowed on any of said lots. No yard sales or similar commercial enterprises may be
conducted on said lot.
2. BUILDING TYPES: 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 detached buildings shall be allowed on any lot. All garages shall be attached
to the dwelling. No mobile homes are permitted on any of said lots. No recreational type
camper trailer or recreational vehicle shall be parked on any of said lots unless such
recreational camper trailer or recreational vehicle is stored so as not to be seen from any
road at any angle of sight.
3. TOTAL FIMSHED SPACE: No dwelling is to be erected or maintained on any of said
lots to contain less than the following total finished living space, exclusive of open
porches, carports, garages, and basements of the following types of dwellings:
(a) One story dwellings shall have 1,575 finished square feet;
(b) Split-level dwellings shall have a total of 1,760 finished square feet above and
below grade;
(c) Split foyer dwellings shall have 1,340 finished square feet on its upper level and a
total of 1,740 combined;
(d) A one and one-half stories dwelling shall have a total of 1,760 finished square feet;
(e) Two story dwellings shall have 1,760 finished square feet on each floor;
(f) A storage building shall be allowed so long as the same is equal or better in quality
of materials of the dwelling house erected on the lot and the same shall not exceed
144 square feet, nor shall the same be greater in height than 8 feet with a 5/12 roof
pitch. any storage building shall be compatible with the architecture of the dwelling
house erected on the lot;
(g) All structures must have a minimum roof pitch of 5/12.
OR921PuO6O6
4. BUILDING FOUNDATION: All parging of foundation walls above ground level shall be
painted so as to conceal the color of the parge. The color of the paint shall be compatible
with the color of the dwelling.
5. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not
limited to, trailers, mobile homes, campers, basements, tents, shacks, garages, barns, or
other outbuildings shall be used on any lot at any time as a residence, either temporary or
permanent. No manufactured homes as defined in Title 36 of the Code of Virginia, 1950
as amended shall be maintained on any lot.
FENCES: No fences shall be located in front or on the sides of the house. Fencing in the
rear of the house may not exceed forty-eight (48) inches in height and the material and
design shall be wooden board or rail, and in no event shall chain link fences or wire fences
be used. All fences constructed shall be kept and maintained in good repair, including
painting and staining, if the same is required. Provided, however, that this restriction shall
not preclude the owner from constructing a fence as required by the BOCA CODE in the
event that an in ground swimming pool is placed upon the subject property.
7. SWIMMING POOLS: No above ground swimming pool shall be constructed on any lot.
8. SIGNS: No sign of any kind shall be displayed on any lot except a single sign not larger
than five (5) square feet advertising the lot for sale which shall be removed as soon as the
object is achieved.
9. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible
from the street serving the premises.
10. SATELLITE DISHES: One (1) TV antenna or satellite dish, not in excess of one (1)
meter in diameter, may be allowed so long as the same is attached to the chimney of the
house or attached to the rear roof of the house located on the lot.
11. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a
dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in
sanitary containers with tops, said containers to have a capacity of not more than forty
(40) gallons and shall not exceed two (2) in number.
12. ANIMALS: No animal, livestock or poultry of any kind shall be raised, bred or kept on
any lot, except that two (2) cats and two (2) dogs per household are allowed provided the
lot be served by an invisible fence. All dogs and cats shall be restricted tp the lot(s) of
their owner and shall not be allowed to roam the Star Fort Subdivision.
13. OFF-STREET PARKING: After a residence is built on any of the said lots, the lot owner
2
B'KG21�'u0607
shall provide in connection therewith, off-street parking space of at least twelve feet (12')
by thirty-five feet (35'). The driveway must be paved or hard surfaced by asphalt,
concrete, or other approved material by the Architectural Review Committee set forth
hereinafter. Provided, however that the developer may waive all or.portions of the paving
requirements set forth hereinabove.
14. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than
3/4 ton or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any
street in this subdivision. No lot shall be used for manufacturing purposes or for the sale,
parking, or storage of new or second-hand automobiles or other motor vehicles. No
abandoned motor vehicles will be permitted on any lots or parking area. (For this
purpose, an abandoned motor vehicle is defined as one which bears no or an expired
license plate and has not been operated within six (6) months on a public street or
highway).
15. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure,
fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot
which rises more than three (3) feet above ground level within ten (10) feet of the
intersection of any two street lines.
16. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood. Each lot shall be kept mown and free from weeds and debris at all times,
and shall be kept cleared in accordance with State laws and local ordinances.
17. UTILITIES: All utilities, including all telephone, electric, television, gas, TV cable, etc.,
shall be located underground.
18. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits
the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than
twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his
expense. This final determination regarding this requirement will be made by the Virginia
Department of Transportation representative who services the property and NO
ENTRANCE, TEMPORARY OR PERMANENT, SHALL BE MADE WITHOUT
FIRST OBTAINING A PERMIT FOR SUCH ENTRANCE FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION.
19. BUILDINGS: No building of any sort shall be place or constructed on any Lot hereby
dedicated unless or until plans and descriptions of the same shall have been submitted in
duplicate to and approved by the Architectural Review Committee. In addition, the
Architectural Review Committee shall approve all exterior colors for roofing, doors,
windows, shutters and exterior coverings of the house, as part of the review and approval
process. Once approval of colors has been made, no change in color scheme shall take
%' �0600
1% - 1 1 u
place for a period of five (5) years after completion of construction.
(a) Buildings may be of either traditional or contemporary design but must be situated,
designed, constructed and finished so as not to detract from the natural beauty of
the surroundings and shall be compatible with the existing buildings. The power
to determine compliance with this standard shall rest solely with the discretion of
the Architectural Review Committee who have no liability whatsoever for the
approval or disapproval of any such plans.
(b) The initial Architectural Review Committee shall consist of three (3) members
appointed by the Declarants to serve through December 31, 1999. The Declarants
shall be solely empowered to fill, by further appointment, any term which shall
become vacant prior to December 31, 1999.
(c) Those persons owning Lots hereby dedicated in Star Fort, Section II in the year
2002 and subsequent years, may elect successor members to continue the existence
of the Architectural Review Committee. Successor members shall be elected for
terms of one (1) year. Each Lot shall be entitled to cast one (1) vote for each Lot
owned for each of the three (3) positions to be filled. Any persons owning the lots
hereby dedicated shall be eligible for election as successor members.
(d) Members of the Architectural Review Committee shall serve without
compensation and shall not be liable to any person or entity for any exercise or
nonexercise of the powers accorded them. Likewise, a Lot Owner shall not be
liable to any person for any exercise of nonexercise of powers herein accorded
them.
(e) Specifically, no construction of any buildings shall be commenced until the
Architectural Review Committee has approved, in writing, the (1) drawings, (2)
siting, (3) design or style and construction materials, and (4) the color scheme of
the building.
(f) The Architectural Review Committee shall have the authority to engage third party
architectural advice at the sole cost and expense of the party seeking approval of
building plans.
20. WAIVER OF COVENANTS: The Declarant, herein alone reserves the right to waive any
of these restrictive covenants. The Declarant or its appointed successor in interest, shall
further reserve the right to waive any violation of setback line, side and rear yard setback
line. This right of waiver shall not affect the binding effect of the covenants conditions
upon any Lot.
21. ENFORCEMENT: The Declarant, herein, and any and every person hereafter having the
M
BK921FI0609
right, title, or interest in any Lot shall have the right to prevent or stop violation or
attempted violation of any of these restrictions by injunction or other lawful procedure,
and to recover any damages resulting from such violation. Together with his or her costs
and reasonable attorneys fees expended therein, if there is no other adequate basis for
determining actual damages caused by violation of any restriction. Declarant's right of
enforcement shall survive the closing and delivery of the deed for the benefit of
Declarant's interest in other adjacent land.
22. NOISE NOTICE: Notice is hereby given by Declarant that noise may emanate from land
adjoining the Star Fort Subdivision and noise control is required in open space areas.
23. SEVERABILITY: Invalidation of any of these covenants by judgment or court order or
in any other manner, shall in no way affect any of the other provisions, which shall remain
in full force and effect.
10301 C:\OFFICE\WPWIN\CLIEI MSTARFORT\SUB.RES - swf
5
FINAL PLAT
gam° TOM
Stonewall Magisterial District \
,V
r- Aj - - - sr !r=
v t
Frederick County, Virginia
/ .\. ''t , � �'l� A� « , •'ram. � � - - s % d•r !� �� O ' „S/ y
Vicinity Map
.
Frederick County Sanitation Authority P VEDBY
� Dote 5 - %'
Planning Commission Dote
Subdivision Administrator Date ( b
Va. Dept. of Transportation Dote -
OWNER'S CERTIFICATE
The above and foregoing subdivision of land, as appears in the accompanying plats,
is with the free consent and in accordance with the desires of the undersigned
owners, proprietors, and trustees, if any.
l Richar, G. ' arciison, Vic, R' char& Byx on,
By:
-*
NOTARY PUBLIC
-Janette M. Weaver a Notary Public in and for the State of Virginia, at large, do certify
thQ,t„94,1in L.Smit�l Diane M. -Johnson & Bvoon A.Bril], whose names are signed to the
eA-Inalvner's Certificate, have acknowledged the same before me in my state.
U��,�ti�ONwF�cyG : Given under my hand thisOctober
y 1998.
My commission expires 03/31/01
SURVEYOR'S CERTIFICATE
ertify that the land contained in this subdivision is a portion of the land that was conveyed
&1G� )i O G. HARDISON, INC., RICHARD & BYRON, INC. and SELDON, INC. by deeds dated
September 14, 1995, September 14, 1995 and February 14, 1996, said deeds recorded in the
Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 845 at Page
895, Deed Book 845 at Page 904 and Deed Book 85J at Page 1, respectively.
THQp
Gr EX. ZONING: RP EX USE. VACANT P. Duane Brown, L.S.
`q GZr The property represented herein is a portion of the property
o P. DUANE shown on Frederick County Tax Map 54((A)) as Parcel 1.
BROWN
DATE: MAY 5, 1998 COVER SHEET FILE#: "6042-HCI.DWG"
NO. 1285 yilbert W. cllfford do assoclates. Inc. fay 5, /998 SHEET
4ti �o� �, ENGINEERS — LAND PLANNERS — SURVEYORS 1
0 SURVE 150-C Old* al Drive
FmdwW p M V"Mic 22401 yft200 bw Carwon 52W OF
(U0) age-2115 5,0)W7-�1 11
.nc.
UK921 =3061 1
CURVE
TABLE
CURVE RADIUS
LENGTH TANGENT CHORD
BEARING
DELTA
C1 205.00
98.60 50.2
97.65
S76'13 07 E
27'33'31
C2 300.00
326.94 181.83
311.00
N58'46 53 E
6226 29
C3 525.00'
123.56 62.0
123.28
N20'49 05 E
1329'07
C4 275.00
167.33' 86.35
164.76
S72'3414 W
,
34'51'48
C5 275.00'
95.78 48.38
95.30
S45'09 39 W
19'57 22
C6 275.00
36.58' 18.32
36.56'
S312218 W
07'37119
C7 500.00
21.15' 10.58
21.15'
S26'20 55 W
0225'27
C8 500.00
96.53' 48.41
96.38'
S19'36 22 W
11'03'40"
C9 35.00
54.98 35.00
49.50
N72'33 39 E
90'00 00
C10 230.00
110.63 56.41
109.56'
S76-13 07 E
27'33'31
C11 325.00
29.08 14.55'
29.07
N8726 18 E
05'07'39
Ct 2 325.00
72.22 36.26
72.07
N78'30 31 E
12'43 57
C13 325.00
72.22 36.26'
72.07'
N65'46 34'E
12'43'56
C14 325.00
77.37' 38.8
77.19
N52'35 24 E
13'38'23
C15 325.00
103.29 52.08
102.86'
N36'39 56 E
18'12'34'
C16 35.00
54.98 35.00
49.50
N72'33 39 E
90100'00
C17 35.00'
54.98' 35.00'
49.50'
N1726'21W
90'OD'00
C18 35.00
54.98 35.00
49.50
N72'33 39 E
90'00'00"
C19 35.00'
52.01' 32.15
47.36
N19'51 55 W
85'08 53'
C20 550.00'
82.87' 41.52'
82.30
N18'23 32 E
08'38'00
ZONING _DISiRICT_BUFFERS
RP ZONING AGAINST B2 ZONING REQUIRES A CATEGORY "A"
BUFFER WITH
NO SCREENING AND A TOTAL
OF 50' DISTANCE: 25' ACTIVE AND 25' INACTIVE.
NO STRUCTURES ARE PERMITTED IN THE ZONING DISTRICT BUFFER AREA.
LOTS SUBJECT TO ZONING DISTRICT
BUFFER: LOTS 32 AND
33.
I
MINIMUM SETBACK REQUIREMENTS
Area
FRONT = 35
.Summary
SIDE = 10'
REAR = 25'
Area in Lots
7.2496 Acres
Area in R/W
1.8107 Acres
All lots are single-family detached traditional
TOTAL AREA SUBDIVIDED
9.080,3 Acres
All lots are subiect to a 10' Slope & Drainage Easement
Number of Lots
20
along all rights -of -way and a
10' Utility & Drainage
Average Lot Size
15,790 Sq. Ft.
Easement along all property lines.
Minimum Lot Size
15,000 Sq. Ft.
TH
FINAL PLAT
of
P. DUANE
0 ?
Stonewall Magisteriaf District
Frederick County,
Vir;;ir,ia 1
9PDWN
DATE: MAY 5, 1998
CURVE TABLE
riLE#: "6042-HC-1.GV7G' j
NC. 12,35
91lbert w.
ciifford & aaaociates,
Inc.
July 8, 1998
_
S
ENGINEERS
LAND PLANNERS -
SURVEYORS
I
(540) 898-2113
REV: JULY 8. 1998
(W) S67-2139
i
Eh�2i 0 Di2
EX. 20' SAN. SEWER EASEMENT
EX. 1�4 UCK DRIVE 40' R/� (DB 873 PG 1285)
STATE RTE.
— — — — 83z N2733'39`E
117.75'
HILLCREST NURSING HOME, INC. _ _=----=_
DB 499 PG 79
ZONED: 82
USE: NURSING HOME
EX. 15' GAS EASEMENT
(08 854 PG 1178) �: °p t STAR FORT —SEC I
J,
~' �'�'" ZONED: RP USE: RESIDENTIAL
ti. er
LO
j LOT 21
r ^ ! PAUL A. and
TAMMY S. SIRK
°p /•, DB 876 PG 1418
Wr 32
DISTRICT BLUFFER � •�`• 'y Cl �-
CATEGORY "A'` .` ` 21.696 safe, N
zo
NO
SCREENING .:>/ N j
25' INACTIVEvaDi 1
Jr/
r
10' 3' O _ = o
LJ
Li
O w
Ln
/ DRAINAGE EASEMENT
w �•. y SANITARY SEWER EASEMENT` CZ
�::
U' 1 �� The Frederick County Inspections Department and the
w 1• Deportment of Public Works will require a Detailed
V SEE SHEET 8 OF 14 Site Plan for Lot 32.
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights —of —way and a 10' '
Utility & Drainage Easement along all property lines. SIDE = 10
REAR =
TH OF�FINAL
PLAT
MET Fwl a
a1�l�lS.U.11®Illl IT
DUANEStonewall
Magisterial District
Frederick County,
Virginia
WN ""
(.NO.
DATE: MAY 5, 1998 SCALE:"=50'
FILE "6042-HC-1.DwG"
ggbert w. cilfford do associates, Inc.
1285
ENGINEERS - LAND PLANNERS - SURVEYORS
1>� �'Gveen-ldbrtw.
Frvd@rkW zS Mrpinlc 2240tq�a
200 16=b Cameron strut
SHEET
SURVE-<O
(ma) am-2�ts O 25 50
10G (swee7-�
3
OF
REV: JULY 8, 1998
1 i
9 2 1 10 A' 6 13
ZA
Co
I-
UJ
W
V)
UJ
W
(n
STAR FORT— SECTION i
ZONED: RP USE: RESIDENTIAL
LOT 21
PAUL A. &
TAMMY S. SIRK LOT 20
DB 876 PG 14111J STROTHER ADAMS, INC. LOT 19 LOT 18
DB 865 PG 13 LARRY G. & JENNIFER M. LaFOLLETTE
N27-33.39-E DB 865 PG 3
-
76 ro I .. 84097' 77
0'
71,78
80.00.
.ate L . � t .` .\ � L. '-. '.. ..
UX 22 T DRAINAGE
12' I5EASEMENT
L LOr 25
P/ LAJ
15,095 Sq.& t.6 _L' i
\C4
�co !? Wr 24
C.4
16,105 sq.ft. two
\C2 (1) In
LAJ
(or)
O\
C5
C6
55.47'
539.49'
Lff 56 180.47"
SEE SHEET 9 OF 14
The Frederick County Inspections Department and the Wr 5-7
Department of Public Works will require a Detailed
Site Plan for Lot 22, SEE SHEET 10 OF 14
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights —of —way and a 10' SIDE 10*
Utility & Drainage Easement along all property lines. REAR = 25'
"rH OF;
F T- 111;'S'N'
P. DUANE
BROWN
NO, 1285
May 5 /998
o- 'cod
SURVEY
111-11
FINAL
PLAT
IFODt ---
5ecdolm 1E
Stonewall Magisterial
District
Frederick County,
Virginia
DATE: MAY 5, 1998
SC -ALE:
-E#: "6042-HC-I.DWG' .
glibert
w. clifford & associates, Inc.
ENGINEERS
- LAND PLANNERS - SURVEYORS
150-C Okb Grown0ch Ortm
*Wla 22401
2W ?at' Camemn Sbvk
10111ndmia vbvbla " 1!
SHEET
0
25 50
(540) 667-ZI30
100
4
OF
14
C'1;S2 U0514
LOT 18
LARRY G. & STAR FORT -SECTION 1
JENNIFER M. LOT 17 ZONED: RP USE: RESIDENTIAL
LaFOLLETTE DON ADAMS LOT 16
DB 865 PG 3 DB 873 PG 1302 JOYCE C. ADAMS LOT 15 LOT 14
DB 873 PG 1295 STROTHER ADAMS. INC.
N2733'39-E DB 879 PG 1240
80.00'.' .
DRAINAGE T y
I EASEMENT
I( 25' ; I
I 10'
I
I _
IN`1� I W
` hLor 24� -
1I r
rE�N5 or26 N115i'000 or 27�v._, �
II1
or 28
UJ
I., NwWW
80.0' 080.00' 8_FORTRESSDRIVE 50— IWN-27 33E539.49'
180.47' w
48.50 —
LQr
SEE SHEET 10 OF 14
The Frederick County Inspections w to q 0
Department and the Department of L�
Public Works will require a Detailed N
Site Plan for Lot 27.
SEE SHEET 11 OF 14
All lots are single—family detached traditional.
All lots are subject to a 10' Slope & Drainage
MINIMUM SETBACK REQUIREMENTS
Easement along all rights —of —way and a 10'
FRONT
'
Utility & Drainage Easement along all property lines.
=
SIDE 10
REAR =
F
GrpI�%�L�S.dolm
FINAL
PLAT
HH
E
Stonewall Magisterial District
Frederick County,
Virginia
MAY 5, 1998 SCALE:
1"=50' FILE##: "6042—HC-1.Dwr_,"
>DATE:
0,9
w. Clifford & associates,
Inc.
1---gilbert
ENGINEERS — LAND PLANNERS — SURVEYORS
98
150-C Old* Grrmrich Ortm20o
F' Dt+b 22401
North Cam«�n Startoa
�-<
1S
0 25 50
Wdmtw. VhPla 226MSHEET
100 �� ��-2139
�c
14
O x 9 L- I. J , :D
W
W
(n
STAR FORT —SECTION I
ZONED: RP USE: RESIDENTIAL
LOT 15 LOT 14
STROTHER ADAMS, INC. LOT 13 LOT 12
DB 879 PG 1240 SELDON, INC. et cis
'" -- N27-33'39'E DB 853 PG 650
10'10.
F (—
` ( i
DRAINAGE 0 I` i 10,
25'
EASEMENT---+ I
13 t I h.
�' ^`:I `o\
Wr
,I LO
IiV 1 f�lJ I��� I V i 27 N
L�V 1 �
16,149 .f'
84.54'
FORTREs :
S DRIVE ti L-- —
- � - N27'33'39'E 539.49' O
348.50' -
d
Li
O
W
w
_
(N
W
LJ
V)
0 10.52'
Lof 39 w
SEE SHEET 11 OF 14
�1 N
The Frederick County Inspections Department and the
Department of Public Works will require Detailed N Q
Site Plans for Lots 28 and 29. SEE SHEET 12 OF 14 ko
All lots ore single—family detached traditional. MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage FRONT = 35'
Easement along all rights —of —way and a 10' SIDE = 10'
Utility & Drainage Easement along all property lines. REAR = 25'
P. DUANE
O BROWN
NO. 1285
May 5, /995
'C�S RVE�O: `L1,tiO _ U _
FINAL PLAT
OftT IFwt a secu®lm U
Stonewall Magisterial District Frederick County, Virginia
DATE: MAY 5, 1998 SCALE: 1"=50' FILE "6042-HC-I.DWG'
gflbert w. dlfford & associates, Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150--C alde Gi m Id Ord 200 Morth can.ron '�`t,..t SHEET
Fe aft obisa V►gIft 22401"Ja
(UO) a>�211s D 25 50 / ea7-� 5
l OF
14
n i-
B K 9 2 1 r G 0 65 16
STAR
FORT— SECTION I
ZONED:
RP USE: RESIDENTIAL
LOT 13
LOT 12
LOT 11
SELDON,
D8 853
INC. et cis
PG 650
SELDON, INC.
DB 874 PG 1599
N27-33'397E 840.97'
S1 404 1327E
23.72', �_7
TT
25'
DRAINAGE
10
i
f
EASEMENT
00
N
Li r,:
0 Lor 29 30
�t 1 *2 15 Wo 5ot.
z
16,975 54ft.
(n
UJ
SANITARY SEWER EASEMENT
5 2 25'
L73.3;5' C8
FOR TRESS DRIVE N 501 RIW
N271.3'.39"E 539.49'
348.50' - —
10.52'
F U T U R E
D E V E L 0 P M E N T
TEMPORARY
TURNAROUND
EASEMENTI
S
10,
to - G J.ZI)17
60.
113 t� I
00.'0
rn 0-
!� t- 9114 VIX 141
14 'W r-,. SEE SHEET 13 OF 14
43.30'
N CEO The Frederick County Inspections Department and the
V)
Department of Public Works will require a Detailed
I
SEE SHEET 12 OF 14 Site Plan for Lot JO.
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights —of —way and a 10' SIDE = 10'
Utility & Drainage Easement along all property lines. REAR = 25'
FINAL PLAT
TH OF
1Foutz--- Seefloun HH
0A
Stonewall Magisterial
District Frederick County,
0Virginia
P. DUANE 7z
0 BROWN
DATE; MAY 5, 1998
SCALE: I"=507---T —FILE#.- "6042—HC—I.DWG"
gflbert
w. clifford &associates, Inc.
NO. 1285
ENGINEERS
— LAND PLANNERS — SURVEYORS
Ma 5, /9'7,6
150--C Old* Gi m wkh Chi
200 Noti Canwvw stet
SHEET
y
Fr Vkvhla 22401
vmdmtw vegleft zw
7
C�
(540) B98-2115 0
25 50 700 (540) W7—ZI 39
OF
14
Eh921PUG 0617
EX. 15' GAS EASEMENT SEE SHEET 3 OF 14
32 (15.60') \1SEE SHEET 4 OF 14
-OfHILLCRESTI
NURSING HOME, INC ./; �'`� u
L
; M2
DS 499 PG 79
ZONED: 82 N
USE: NURSING HOME , I /, `8•E. '� ` : ,
00
L .
50' ZONING \ O
DISTRICT BUFFER
CATEGORY "A'
4-0NO SCREENING / C12
25' ACTIVE
10' 25' tNACTIVEN9 /
C2
SAN. SEWER EASEMENT.'`
10, .� 11,002 5qft, f) . `.
�'` tiV
DRAINAGE EASEMENT
al
LU
�\
cwn r;N24'22'10"E)
f S38 33•�9 e , ; 10' L� 3r7
9' SEE SHEET 9 OF 14
FUTURE \\
D E V E L O P M E N T
The Frederick County Inspections Department and the \ \ \\
Department of Public Works will require Detailed
Site Plans for Lots 33 and 34.
All lots are single—family detached traditional- See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights —of —way and a 10' SIDE = 10'
Utility & Drainage Easement along all property lines. REAR = 25'
OF
FINAL
PLAT�'rMW
_UANE_
Stonewall Magisterial
District
Frederick County,
Virginic
OWN •-
(�NO.
DATE: MAY 5, 1998
SCALE: 1"=50' FILE#: "6042—HC—I.DWG"gllbert
w.—dMlbra &
associates, Inc.
1285
ENgNEERS
— LAND PLANNERS — SURVEYORS
,/998
150—C aid@ Gi � ivld Drtm
v►vinIQ 22401
cQ„M s>r.I
SHEETOSURV��Op'
(5Q) eo8-2115 0
25 50
100 (5Q) 667-221VUVMla 39
3
Jc
REV: DULY 8, 1998
G K 9 12- i P G 0 i -) 18
SEE SHEET 8 OF 14
L �// �
(S24*22'10"W)
WX54
SEE SHEET 4 OF 14
CU.`SO ; �tS�
-
C2\
C1
SAN. SEWER EASEMENT
Lor
7
157,489 sqft.
DRAINAGE EASEMENT
(S62.57-21 -E)
10,
WX 56
15,ow5q.ft.
S24*1 2*02"W
130.05'
F U T U R E
D E V E L 0 P M E N T
The Frederick County Inspections Deportment and the
Department of Public Works will require Detailed
Site Plans for Lots 35 and 36.
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights —of —way and a 10' SIDE 10'
Utility & Drainage Easement along all property lines. REAR = 25'
kTHof
P. DUANE
O BROWN
NO. 1285
May 5" /998
5
L-IAVD SUR\J00_v1
o
FINAL PLAT
FoRt -- OeCdM HH
Stonewall Magisterial District Frederick County, Virginia
--r—
DATE: MAY 5. 1998 1 SCALE: 1"=50' FILE#: "6042-HC-I.DWE7
g1lbert w. cifftot & assmlctM Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150-C Okie Grewmkh Drtm 200 Naft Conan SlIvet SHEET
Freft' I aIurp, "ic 22401 %md w , vk-gsnio ' - 9
an-2115 0 25 50 100 (540) 667-2139 OF
14
bh°ni'0�19
n SEE SHEET 4 OF 14
�� 22 SEE SHEET 5 OF 14
I,Of 24 I I.Of 25 1 I,Of 26
\C2
FOR TRESS DRIVE 50 j R
N27'33'39"E I W o
539.49'
Lw \ 180.47,
LOf JCJ
C15 Li
//\� UJ
UJ
11.54' 108 93' (� w
ki
C,5
Wr 5-7
NI W 1 58
154.22'_ JCIO
_ 143.93' S27'25.00'
3
3'39"W 853.20'
F U T U R E D E V E L O P M E N T
DRIVEWAY ACCESS to Lot 38 shall be provided from SENTINEL DRIVE.
The Frederick County Inspections Department and the Department of
Public Works will require Detailed Site Plans for Lots 37 and 38.
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights -of -way and a 10' SIDE = 10'
Utility & Drainage Easement along all property lines. REAR = 25'
TH of FINAL PLAT
HH
�� P. DUANE ;-A Stonewall Magisterial District Frederick County, Virginia
O BROWN DATE: MAY 5, 1998 SCALE: 1"=50' FILE "6042-HC-1.DwG"
U�� - .•�-•� gQbert w. difford do assoclatM Inc.
NO. 1285 ENGINEERS — LAND PLANNERS — SURVEYORS
Mar 5, /996 150-C Oa. Grew"dch ortm 200 Marti Cwwan Sbvat SHEET
+�4 WgOnlo 22401 VMidmtw. VbVhio 228M
<,qA.10 SURvE�(°�L (540) esa-2115 0 25 50 100 (540) e67-2139 10
OF
14
2 1 I'JU t) 2 0
SEE SHEET 5 OF 14
I,Of 25 Wr 26
I.Of 2
SEE SHEET 6 OF 14
28 I.Of 29
FORTRESS � DRIVE, 50, R W
27 33 39 E 539.49' /
180.47' — — ---- _
348.50' — —
0
w �
1� o
115.00' W
I C17 N
A \ W
W
Ln
w W
I.Of 38 N �, I.Of 39
F, I — I r to
25.00'
I 157,644 50t.
N' C
N
Hof 4o
00, J
S27'33'39"W 853.20' — —
F U T U R E D E V E L O P M E N T
DRIVEWAY ACCESS to Lot 39 shall be provided from SENTINEL DRIVE.
The Frederick County Inspections Department and the Department
of Public Works will require a Detailed Site Plan for Lot J9.
All lots are single—family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS
All Lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights —of —way and a 10' SIDE 10'
Utility & Drainage Easement along all property lines. REAR = 25'
P. DUANE
O BROWN
NO. 1285
May 5, 19949
14�00<gA,D SUR 40c�)
FINAL PLAT
Stonewall Magisterial District Frederick County, Virginia
DATE: MAY 5, 1998 1 SCALE: 1 "=50' FILE#: "6042—HC—I.7W7
glibert w. clifford & asaoclates. Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C Old* tiewivih D►1v. 200 North C -- Street SHEET
F"Ic 22401 1Mdweter, "11a ZWO 11
(540) EYa-2115 0 25 50 100 (540) ee7-2139 OF
14
BK°20621
0
W
W
W
W
SEE SHEET 6 OF 14
SEE SHEET 7 OF 14
Wr 50 1 Wr 51
FOR TR.ZSS DRIVE _ {
_ E �_ 50' RIW
539.49,
348.50 C3
F
10.52'
Wr 59
113.50'
0
c18
3
tD
Z � O O � w �
l5,h85 ,f�, o N, �
sct I �
`�} N
N
_J
148500
25.00' 25.00'
S27'33'39"W 853.20' —
F U T U R E D E V E L O P M E N T
DRIVEWAY ACCESS to Lot 40 shall be provided from CALIBER COURT.
All lots are single-family detached traditional. See Sheet 2 of 14 MINIMUM SETBACK REQUIREMENTS All lots are subject to a 10' Slope & Drainage for CURVE TABLE FRONT = 35'
Easement along all rights -of -way and a 10' SIDE 10'
Utility & Drainage Easement along all property lines. REAR = 25'
TH 0p�D
r
P. DUANE
BROWN
NO. 1285
Ma y 5,1996
SURVE'�O
U_
O
M
H
W
W
V)
W
W
N
FINAL PLAT
MW I oul a geefl®Im 11
Stonewall Magisterial District Frederick County, Virginia
DATE: MAY 5, 1998 SCALE: 1 "=50' FILE "6042—HC—I.DWG"
ggbert W. difford J4 aWxx JQtfM Inc.
ENGINEERS - LAND PLANNERS - SURVEYORS
150-C Ol ip 4?wmich Drfw 200 North Co"evn Sbvet
��dufdabi+p. Vtpkdo 22401 ftalwto "So 22Ao1 SHEET
(340) e98-21115 0 25 50 100 (540) ee7-2130 12
OF
14
• GI{021PG0623
SEE SHEET 3 OF 14
HILLCREST NURSING HOME, INC.
DB 499 PG 79
ZONED: B2
USE: NURSING HOME
sv� oo
EX. 15' GAS EASEMENT tiN�
DB 854 PG 1178
wti ,, /� t O
00
DRAINAGE EASEMENT
w
U)
50' ZONING
DISTRICT BUFFER `
F U T U R E CATEGORY "A" 10,
D E V E L O P M E N T NO SCREENING �� Wr� 4
25 ACTIVE
25' INACTIVE
(S24'22'10"W 185')
� r---' �-. �r �'r T TJ % r — %_'—.r ,• j' ,, r ? sTf , r ` : ' �'^� �,.+..'.. �..4 : ,. ,
J•'' , j�r'il ;f % J,f'1 ;lr,r ✓`r '•. �� ,r �r� w,'
f' +' r �i r,.;`.: J .'� ',J,f;'';r ram,' �/ %` �':;' � � f '✓',r ''�,' � `'_—_,i)`�,99
20' SANITARY SEWER EASEMENT
e
FINAL PLAT
Stonewall Magisterial District Frederick County, Virginia
�"' DATE: MAY 5, 1998 SCALE: 1"=50' FILE . "6042-HC-I.DWG"
, .�.,�ggbert w. clifford do assoclates, Inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
1 t10--C ad' Gnmwich DrM 200 North Owiman Sbvet SHEET
FrndRl k*urs Vk*lo 22401 Wdiseter wor,b 22E01
� i�i �-2115 O 25 50 100 iii 8E7-213! 14
OF
REV: JULY 8, 1998 14
VnGINIA: FREDERICK COUNTY, SCT
Thy I strumentl�w,i�lting was,Q[3�duced t�,,me on he
day of 19T.�.,at._.�Lt_
and with certificate of acknowledgment thereto annexed
was a Itted to record. Tax Imposed by Sec. .§8.1-802 of
s end 59.1.801 have been paid, if assessable.
/' � ,Clerk
Star Fort Subdivision - One Year Follow -Up Inspections Page 1 of 2
Mark Cheran
From: Funkhouser, Rhonda [Rhonda.Funkhbuser aCVDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd. l ngram@VDOT.Virginia.gov]
Sent: Thursday, June 22, 2006 12:16 PM
To:'rhardison@allfreightdelivery.com'
Cc: 'Mark Cheran .(mcheran@co.fredbrick.va.us)'; Ingram„ Lloyd; Hawkins, Robert; Baker, Philip
(Staunton)
Subject: Star Fort Subdivision - One Year. Follow -Up Inspections
Importance: High
One Year Follow-up inspections have been conducted on Star Fort Subdivision, Sections III, 4A
and 413. The following is a list of items which need to be corrected. Once these deficiencies
are repaired, please advise our office so a follow-up inspection may be made.
Please note, the subdivision street addition sureties for these additions will need to
remain in force until these items -are corrected to VDOrs satisfaction,
Star Fort Subdivision, Section III
Fortress Drive, Route 1376
. At #143, there is a small hole at the edge of pavement, about Vx2'.
Salvo Circle, Route 1393
. At #101, edge cracking of the pavement for about 12'.
. At #102, the large patch about 2-T by 19' has poor drainage and shows
evidence of ponding of water. This should be resurfaced to improve
drainage.
. There is considerable scarring of the pavement from construction activity
after placing the surface pavement, especially in front of #105 and there are
tractor tread marks at the edge near #103.
. Along the frontage at #102, soil and sod buildup at the edge of pavement
prevents drainage into the ditch.
. There is water standing in the ditch between #102 and #100 because of
insufficient gradient to drain.
. The owner at #101 has placed PVC stanchions around the intersection radius
to prevent off tracking.
Star Fort, Section 4A
. Shoulder and ditch line on eastside of driveway at House #209 needs to be
regraded to provide positive drainage. Drainage is running into roadway and
cul-de-sac.
Star Fort, Section 4B
6/22/2006
Star Fort Subdivision - One Year Follow -Up Inspections
Page 2 of 2
Fortress Drive, Route 1376
. Ditch and shoulder need to be regarded to provide positive drainage on east
side of Route 1376 across from House #514, #512, #510, #508.
. Rocks and shrubbery will need to be removed in front of House #503.
. Inlet and ditch line needs to have stone cleared to create positive drainage on
the south side of driveway to House #503.
. Outlet end intersection of crosspipe between House #506 and #504 needs
replacing; broken intwo places.
. Shrubbery needs to be removed in front of House #512.
Should you have any questions or wish to discuss any of these items, do not hesitate to give
me a call.
Lloyd A. Ingram
Transportation Engineer
VDOT N Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
6/22/2006
S% iliti'vnT-" �d j.�/✓fIw' /iL..�
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
August 7, 2002
.r. RiCha3 u Hardison
P. O. Box 2834
Winchester, VA 22604
Ref: Star Fort Subdivision, Section 3
Route 1376
Frederick County
Dear Mr. Hardison:
JERRYA. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
As requested by your contractor, R & G Construction Company, I have performed an
inspection of the right-of-way work performed for the referenced development.
Based on this inspection, I have found construction to be acceptable with the exception
of the asphalt repair required on Salvo Circle. Please be advised the streets must be
maintained in their present condition until ready for admission into the State's
Secondary System. Furthermore, any lot development damage affecting the
right-of-way will also require immediate action.
If you have any questions, please feel free to call.
Sincerely,
Dave A. Heironimus
Hwy. Permits & Subd. Specialist Sr.
DAH/rf
xc: Mr. Eric Lawrence �jVEFO
Mr. Gary Brown
DNT
_pT. OF PLANNINGIOEVELOPI 't
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
COMMONWEALTH ®f VIRGINIA
Philip A. Shucet
COMMISSIONER
January 23, 2004
Mr. Patrick Davenport
C/O County of Frederick
Department of Planning
107 North Kent Street
Winchester, VA 22601-5000
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
Ref: Star Fort Subdivision, Section III
Route 1376, Fortress Drive
Route 1393, Salvo Circle
Frederick County
Dear Patrick:
JERRY A. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
The addition package for the streets listed in the Board's resolution dated January 14, 2004 for
the referenced development has been forward to our Central Office in Richmond for processing.
The Commissioner's Office will notify the Board when the addition has been approved.
In the meantime, if you have any questions do not hesitate to contact me at (540) 535-1828.
Sincerely,
e
Dave A. Heirommus
Hwy. Permits & Subd. Specialist Sr.
/rf
xc: Mr. Eric Lawrence
Mr. Richard Hardison
JAN 2 8 2004
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
i
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
August 6, 2002
G. W . Clifford and Associates, Inc.
Attention: Ron Mislowsky
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
RE: Star Fort Subdivision, Section III
Dear Ron:
This letter is to confirm that the Final Plats for Star Fort, Section III, were approved on July 26, 2002
and copies of the recorded plats and deed of dedication were returned to this office. A construction
guarantee in the amount of $10,000 has been provided to secure the site development. This
subdivision allows for the development of 16 single-family detached traditional dwellings.
If you have any questions, please feel free to call.
Sincerely,
Patrick T. Davenport, CZA
Zoning and Subdivision Administrator
PTD/ch
cc: Jane Anderson, Real Estate
Lynda J. Tyler, Board Member Stonewall Magisterial District
John Light, Planning Commission - Stonewall Magisterial District
em: Charles S. DeHaven Jr., Planning Commission - Stonewall Magisterial District
UAPatrick\Common\S D Reviews\Star Fort\Star Fort Ill final plat_appv.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/065-5651
FAX: 540/ 665-6395
November 8, 2001
G.W. Clifford and Associates, Inc.
Mr. Ronald A. Mislowsky, P.E., VP
117 E. Piccadilly Street, Suite 200
Winchester,. VA 22601
RE: Star Fort Subdivision, Section III
Dear Ron:
This letter is to confirm that the Subdivision Design Plan for Star Fort, Section III, has been
approved. Enclosed are three copies for your records and distribution.
The draft final plats are preliminarily approved. However, the final plats for recordation must contain
the signatures of the Frederick County Sanitation Authority and the Virginia Department of
Transportation. Additionally, a deed of dedication and an appropriate guarantee will be required
prior to final plat approval. The Deed of Dedication must include language pertaining to the
(Property Owner's Association) mandatory assessments upon owners of developed lots for the
preservation of Star Fort.
If you have any questions, please feel free to call.
Sincerely,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/ch
Enclosure
AAStu Fort [II_appv.%pd
107 North Kent Street • Winchester, Virginia 22601-5000
gilbert w. clifford & associates, iric
INCORPORATED 1972
Engineers — Land Planners — Water Quality
November 6, 2001
Patrick Davenport
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Star Fort Section 3
Dear Patrick,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A. Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
William L. Wright
Michael A. Hammer
Thomas W. Price
I've enclosed the five sets of Subdivision Design plans which have been signed by all of the owners.
We look forward to final approval.
Regards,
gilbert w. clifford & associates, inc.
eW
A. Mislowsky, P.E., VP
RECEIVED
Nov 7 Z001
07 OF PLANNINGIDFVELORAP
gak 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
dim (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com
RPW MemberAmerican Consulting Engineers Council
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824
COMMISSIONER
October 9, 2001
Mr. P. Duane Brown, L.S.
C/O Marsh & Legge Land Surveyors, P.L.C.
'iOV �VVIIh LVlj4iillll .�''LrEei
Winchester, VA 22601
Ref: Star Fort, Section III
Route 832, Lauck Drive
Frederick County
Dear Duane:
COPY
JERRY A. COPP
RESIDENT ENGINEER
TELE(540)9B4-5600
FAX (540) 984-5607
A VDOT review has been completed on the final plat dated 10/04/01 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 five (5) 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
13 "
Barry J. Sweitzer RECEIVE®
Trans. Roadway Engineer
OCT 11 2001
BJS/rf
Enclosures
xc: Mr. Dave Heironimus
Mr. Evan Wyatt
For: Steven A. Melnikoff
Transportation Engineer
WE KEEP VIRGINIA MOVING
,CPT, OF PLANNING/DEVELOPMENT
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
July 10, 2001
Patrick Davenport
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Star Fort III
Dear Patrick,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A. Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
William I.. Wright
Michael A. Hammer
Thomas W. Price
The Star Fort Master Plan requires a financial contribution from the Star Fort Homeowners Association be
made to Middlesex Artillery, the owners of Star Fort. Since development of the first section, and
establishment of the Star Fort HOA, these contributions are being made at the rate of $60.00 per year per lot.
A pro rated share of the annual dues is collected upon sale of the lot, at closing. There after the HOA sends out
bills to all homeowners.
The officers of the Homeowners Association are members of the Middlesex Artillery. Therefore, the Midlesex
Artillery is represented and is responsible for collection of the dues. We understand that bills are being sent
and payments are being made.
Robbie Rhodes is the contact at Middlesex Artillery. If you have any questions you can call him, or me.
Regards,
gilbert w. clifford & associates, inc.
Q21dUX.4MYlo�wsky, P.E., VP
ft 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
dUdft (540) 667-2139 Fax (540) 665-0493 a -mail gwcliff@mnsinc.com
RFW Member American Consulting Engineers Council
COUNTY of FREDERIC K
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
October 2, 2001
Marsh and Legge Land Surveyors, P.L.C.
c/o Mr. P. Duane Brown
560 North Loudoun Street
Winchester, VA 22601
RE. Star Fort Subdivision, Section- M -Final Plats; Review - Subdivision #15-01
Dear Duane,
I have had the opportunity to review the Star Fort Subdivision, Section III, final plats received by our
office on September 26, 2001 and offer the following comment:
Please provide a statement pertaining to the required contribution by landowners to the Star
Fort Middlesex Artillery Battery. It. is my understanding that the contributions will be due at
the time of building permit approval.
Before the final plats are officially approved by this office, the approval signatures of the Frederick
County Sanitation Authority and the Virginia Department of Transportation must be obtained. An
appropriate guarantee will also be required prior to final plat approval.
If you have any questions, please feel free to call.
Sincerely,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/kac
U'Tatn&-TotmnonlSubdmsion R wwsl.Stn FornStar Fort II —&W plat mww.wpd
fic-4 S'(f C�� 174 Itt 101(71101 7
Pre
CHECKLIST
FOR
/ SUBDIVISION FINAL PLATS
A. The title of the subdivision ("Final Plat for........")
v AA. Notarized owner's certification IAW 15.1-477 COV.
B. The page number and total pages on each page.
V C. Vicinity Map (Scale 1:2,000) showing roads, properties
/ and subdivisions within 1,000 feet.
D. A written and graphic scale.
'✓ E. Day, month and year plan prepared and revised.
F. North Arrow.
✓ G. Magisterial District in which the subdivision is located.
v H. Zoning and use of land to be subdivided and adjoining
/ land.
I. Boundary survey of all lots, parcels and rights -of -way.
J. Names of owners of adjoining properties with deed book
and page number references.
K. Area of each lot, total area of subdivision and area in
lots.
/L//A L. Location and area of each parcel of open space and total
/ area of open space.
M. Location, names and ROW widths of existing and planned
roads, streets and shared private driveways adjacent to
and on the property.
N. Existing and proposed utilities, utility easements and
/ other easements with dimensions.
y O. Existing and proposed drainage easements with dimensions
and locations.
i✓ P. Location of flood plain limits.
Q. Location of land to be dedicated or reserved for public
use.
R. Location of required setback lines on each lot.
S. Location of proposed recreational areas.
Page 2
Subdivision Plat Checklist
NfP�
T. Location of proposed buffers.
U. Location and description of monuments and markers.
V. Certified by registered engineer or surveyor.
W. Notarized signature of the owner.
X. Signature lines as required.
Y. Statement listing all requirements and conditions placed
on the land resulting from conditional zoning.
Z. Indication of the portion of the allowable density from
the parent tract which is to be allocated to each parcel
resulting from the subdivision.
AA. Notarized owner's certification required by state Code.
v
REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation RECEIVED
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5600
AUG 2 9 2001
KEPT, OF PLANNINGIDEVELOPMENT
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:
Gilbert. W. Clifford & Associates, Inc. _
c/o Ronald A. Mislowsky
200 N. Cameron Street
Winchester, VA 22601
Name of development and/or description of the request:
Star Fort III Subdivision
Location:
US Route 522 at Lauck Drive (Route 832)
Virginia Department of Transportation Comments:
ThiB. aPp.licati-on foLsuhdi_3ii ci nn of .thi_s__;=)perty annear__tn have a Measurable
impact on Route 832, the VDOT facility which would provide access to the
property Before 02x@1.pRmpn.t2 this office will require a complete set of
construction plans for review_ Entrances will have to he construetod to
VDOT' minimum standardsto allow fQr ^fe eoress_ and imavaAAO,f tt,o
Please see the attached letter a s
VDOT Signature and Date:
(NOTICE TO RESIDENT ENGINEER -PLEASE RETURN THISIFAM TO
y-
the opportunity to comment.
NOITCE 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.
Revised 04/00
Word Document: PLAN APPROVAL FORM LE E
a
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRY A. COPP
COMMISSIONER RESIDENT ENGINEER
TELE
August 27, 2001 FAX(540))98844-5607
Mr. Ronald A. Mislowsky, P.E., V.P. Ref: StarFort Section III
c/o G.W. Clifford & Associates, Inc. Off Rt. 522 Maple St. & Rt. 832 Lauck Dr.
117 East Piccadilly St., Suite 200 Frederick County
Winchester, VA 22601
Dear Ron`.
This is to acknowledge receipt of your revised plans dated August 20, 2001 for the
referenced project. The plans appear satisfactory and are approved. Please advise the
developer accordingly. Please provide 6 sets of approved construction plans with
signed seal for VDOT distribution.
I offer the following comments:
• A preconstruction conference be held by the engineer and/or developer with the
attendance of the contractor, various County agencies and VDOT prior to initiation of
work.
• Materials used and method of construction shall apply to current observed VDOT Road
& Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist
such that additional measures are warranted, such measures shall be completed to the
satisfaction of the Department prior to inclusion into the Secondary Road Systern.
• Attached is a copy of the minimum requirements and information needed prior to
acceptance of subdivision streets into the Secondary System. This is the responsibility
of the developer.
• All drainage is to be carried within the right-of-way in ditch lines or gutters along the
street to a pipe or drainage easement.
• 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
Ins_^ctl.r.
WE KEEP VIRGINIA MOVING
1
• If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be
between the edge of pavement and the front of mailbox as shown on the attached
sketch.
• Private entrances will be installed in accordance with Standard PE-1. 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.
• 1 suggest any utilities and/or storm sewer placed within the proposed right-of-way be
backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility
of any pavement settlement.
• A copy of any/all RECORDED PLATS of dedication to public use (the County of
Frederick) for drainage easements or additional right-of-way required for implementation
of this proposed project should be provided for VDOT review prior to issuance of any
land use permit.
Should you need additional information, do not hesitate to call.
13 Sincerely,
du�l
Barry J. Sweitzer, Trans. Roadway Enginee
For: Steven A. Melnikoff, Transportation Engineer
BJS/bw
Attachments
xc: Mr. Dave Heironimus
Mr. Evan Wyatt
ROADSIDE SIGN
RURAL DISTRICT
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ROADSIDE SIGN
BUSINESS OR
RESIDENCE DISTRICT
ROADSIDE SIGN
RURAL OISIRICT
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SPCED
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WARNING SIGN
WITH ADVISORY
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ROADSIDE ASSEMBLYr��-
RURAL DISTRICT 11
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OVERHEADI 1
MOUNTING
WARNING SIGN
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IN THE LINE OF TRAFFIC
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Figure 2-1. Height and lateral location of signs —typical installations.
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XIFFDII i
INFORMATION NEEDED PRIOR TO ACCEPTANCE OF
SUBDIVISION STREETS INTO STATE SECONDARY SYSTEM
Subdivision streets may be considered eligible for acceptance into the State Secondary System
when:
• Built according to plans approved by the Department of Transportation,
properly maintained since completion and
• Rendering a public service [serving three (3) occupied dwellings or three (3)
businesses per street).
THE FOLLOWING WILL BE REQUIRED TO BE FURNISHED TO THE COUNTY
PLANNING DEPARTMENT AT LEAST THIRTY (30) DAYS PRIOR TO ADOPTION OF
THE RESOLUTION BY THE BOARD OF SUPERVISORS REQUESTING THE ADDITION:
1. Three (3) copies of as -built construction plans showing:
• Roadway Geometrics
• Drainage & Drainage Easements
2. Three (3) copies of the final plat with date & place of recordation, deed
book number and page number.
3. Signed permits covering all utilities, publicly or privately owned, to
occupy or cross the right-of-way and quitclaiming. any prior rights.
4. Bond to guarantee workmanship and performance of material for one year from
date of acceptance. (See reverse side for schedule.)
5. Maintenance Fee - check payable to the "Virginia Department of
Transportation". This fee is based on the length of the streets involved from the
date of acceptance to the end of the fiscal year (June 301). No maintenance fee
is required if the addition is effective July 1". (See reverse side for schedule.)
ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH.
ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE
DEPARTMENT OF TRANSPORTATION BY THE 1ST OF THE PRECEDING MONTH.
(30 DAYS)
2-LANE STREET:
Minimum (up to 0.25 mile)
From 0.25 to 0.50 mile
Over 0.50 mile
4-LANE STREET:
Minimum (up to 0.25 mile)
From 0.25 to 0.50 mile
Over 0.50 mile
EXAMPLES
FEE & SURETY SCH77T)ULE
for
SUBDIVISION STREET ADDITIONS
SURETY
$ 3,750
$ 7,500
$ 1,500/tenth of mile
fraction thereof
$ 7,500
$15, 000
$ 3,000/tenth of mile
& fraction thereof
MAINTENANCE FEE
$375/year
$750/year
$150/tenth of mile &
fraction thereof
$750/year
$1,500/year
$300/tenth of mile &
fraction thereof
A two lane street, 0.35 mile long, is processed for addition effective September 1". Therefore,
surety is ren��-C_ for fo�,:r-tenths n:i1e and maintenance fee is required for ten months.
q,,!; r ..
Surety required: $7,500
Maintenance fee required: $750 x 10/ 12 = $625
A four lane street, 0.78 mile long, is processed for addition effective February I". Therefore,
surety is required for eight -tenths mile and maintenance fee is required for five months.
Surety required: 8 x $3,000 = $24,000
Maintenance fee required: 8 x $300 x 5/12 = $1,000
Frederick County Inspections Department
Attn: Building Official
107 North Kent Street
Winchester, VA 22601
(540)665-5650
The Frederick County Inspections Department is located at 107 North Kent Street, e
Floor of the County Administration Building in Winchester, if you prefer to hand deliver
this review.
Applicant's name, address and phone number.
Gilbert W. Clifford & Associates, Inc.
c/o Ronald A. Mislowsky
200 N. Cameron Street
Winchester, VA 22601
Name of development and/or description of the request:
Star Fort III Subdivision
Location:
US Route 522 at Lauck Drive (Route 832)
Inspection Department Comments:
Buildings-shal1 oily with The Virginia Uniform Statewide Building Code
and section 310, use group R (Residential) of the BOCA National Building
code/1996. _
Code Administrator Signature & Date: i
(NOTICE TO INSPECTIONS DEFT. * L SE RETURN
:
n
Ae v�5 �d�� No ifibKot/cow ��?�z
It is your responsibility to complete this form as accurately as
the agency with their review. Also, please attach a copy your
map and all other pertinent information.
in order to assist
L J
n� ins .i. ....-....... .. ... _._�..
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. SD01-0009 Date Received 5110/01 Date Reviewed 6/5/01
Applicant G.W. Clifford & Associates
Address 200 N. Cameron Street
Winchester, Va. 22601
Project Name Star Fort III Phone No. 540-667-2139
Type of Application Subdivision Current Zoning RP
1st Due Fire Co. 15 1st Due Rescue Co. 15 Election District Stonewall
Tax I.D. No. 54-A-1
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
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 �; s
gilbert A Clifford & associates, i
INCORPORATED 1972
Engineers — Land Planners — Water Quality
0
memorandum
To:
John Whitacre, FCSA
Barry Sweitzer, VD�yO�T
From:
Ron Mislowsky
Re:
Star Fort III
Date:
August 21, 2001
FCSA
These plans have been revised per your comments. Please call if you have any further questions.
117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 a -mail gwcliff@mnsinc-corn
Member American Consulting Engineers Council
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
August 7, 2001
Mr. Ronald A. Mislowsky, Jr., P.E.
Gilbert W. Clifford and Associates, Inc.
200 N. Cameron Street
Winchester, Virginia 22601
Re: Subdivision Comments - Star Fort - Section 3
Frederick County, Virginia
Dear Ron:
Upon review of the subject subdivision plan dated July 9, 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 1 URVE'-D file
AUG 2 9 2001
IEPT, OFPLANNING/DEVELOPMENT
107 North Kent Street - Winchester, Virginia 22601-5000
COMMONWEALTH LTH ®f VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRYA. COPP
COMMISSIONER RESIDENT ENGINEER
June 5, 2001 984-5600
FAX(540)984-56075607
Mr. Ronald A. Mislowsky, P.E., V.P.
G. W. Clifford & Associates, inc.
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Ref: Star Fort Subdivision, Section 3
Route 522, Maple Street
Frederick County
Dear Ron:
A VDOT review has been completed on the preliminary site plan dated 04/13/01 for the
referenced project. Our comments are as follows and as shown in red on the enclosed
plan sheets.
Sheet 1 of 7
• Please provide signed professional seal on approved plans.
Sheet 2 of 7:
i. The location for all typical sections should be identified by the center line stations
where the typical section begins and ends. Notice the illustrations shown for your
guidance.
Please note the minimum allowable radius on a cul-de-sac bulb should be 45'.
2. The plan scale should be provided as appropriate on all sheets.
3. The 2:1 slope shown on the front ditch is not a VDOT typical. Please review the
attached highlighted copy of Page A-7 from the Road Design Manual. Choices are
offered for the respective traffic volumes and selections should be appropriate to the
volume on the proposed road design.
WE KEEP VIRGINIA MOVING
Mr. Ron Mislowsky
Ref: Star Fort Subdivision, Section 3
June 5, 2001
Page #2
4. The preferred and highly recommended minimum pavement structure on low
volume, rural subdivision streets is 8" 21-B Aggregate with prime and 2" SM-12.5A
asphalt surface.
5. Culvert numbering system should be uniform and consistent throughout the plans.
We are unable to confirm the location of culverts on the plans. A V minimum cover
should be provided.
Sheet 4 of 7
6. Short vertical curves (swale) should be provided at street intersections.
• See comment number 5.
Sheet 7 of 7
7. Detail CG-11 modified, no curb & gutter should be provided.
All miscellaneous notes in red on the plan sheets or on the subdivision check list should
be addressed and appropriate VDOT standard applied to the plan design.
When all the above comments have been addressed, please provide this office with one
set of revised plans for VDOT review.
Please call me at (540) 984-5631 if there are any questions.
Sincer
Barry J. Sweitzer
Trans. Roadway Engineer
For: Steven A. Melnikoff
Transportation Engineer
BJS/rf
Enclosures
xc: Mr. Dave Heironimus
Mr. Evan Wyatt
RECEIVED
JUN 0 6 2001
DEPT, OF PLANNINGIDEVELOPMENT
9�-
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/665-6395
July 17, 2001
G.W. Clifford & Associates, Inc.
c/o Ron Mislowsky
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
RE: Star Fort Subdivision, Section III -Subdivision Design Plan Review-Subdivision.#15-01
Dear Ron:
I have had the opportunity to review the Star Fort Subdivision, Section III, Subdivision Design Plan received
by our office on July 9, 2001. The plan has satisfied this Department's design requirements. However, official
approval will occur after all of the relevant review agencies have recommended approval.
If you have any questions, please feel free to call.
Sincerely,
Pa U ,D
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/rsa
UAPatnck\Common\Subdrnmon RmLi n\Star Fort\Star Fort 111preappr.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
July 10, 2001
Patrick Davenport
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Star Fort III
Board of Dlrecton•
Preddent:
Thomas J_ O'Toole, P.E.
vke Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A Mislowsky, P.E.
David I Saunders. P.E.
Dire tore:
William L Wright
Michael A Hammer
Thomas W. Price
Dear Patrick,
The Star Fort Master Plan requires a financial contribution from the Star Fort Homeowners Association be
made to Middlesex Artillery, the owners of Star Fort. Since development of the first section, and
establishment of the Star Fort HOA,ts eoll cued u utions are n sale fthe oteing m tc iosingat e The orate f afterO0 per year per lot.
the HOA sends out
A pro rated share of the annual dues Po
bills to all homeowners_
The officers of the Homeowners Association are members of the Middlesex .Artillery. Therefore, the Midlesex
Artillery is represented and is responsible for collection of the dues. We understand that bills are being sent
and payments are being made.
Robbie Rhodes is the contact at Middlesex Artillery
Regards,
gilbert w. clifford & associates, inc.
Qnald �A.Nfis�jowsky, WE., �V-P�
If you have any questions you can call him, or me.
117 East piecadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 e-mail gwcli8'@,musinc.com
,Vember American Consulting Engineers Council
T'd 66170-S99-017S -oosse I pjojjTlo •m-2 dta:60 TO 01 IBC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
June 18, 2001
G.W. Clifford and Associates, Inc.
Attn: Mr. Ron Mislowsky
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Star Fort Subdivision, Section III - Subdivision Design Plan #15-01
Dear Ron:
I have had the opportunity to review the Star Fort Subdivision, Section III, Subdivision Design Plan
received by our office on May 16th, 2001 and offer the following comments:
✓ 1. Add the text "Design Plan" to the title on Sheet 1 of 7.
1/2. Provide a written and graphic scale on Sheet 2 of 7.
3. The proposed street name of "Star Court" is denied. Approved road names are obtained through
the Mapping and Graphics Manager, Marcus Lemasters. 5r/ /*X% 1bnio ,
V4. Indicate how Lot 46 will receive water and sewer service.
115. The contour intervals are not clearly illustrated on Sheet 3 of 7.
✓6. Provide a setback tabulation on Sheet 2 of 7.
✓7. Provide a rear setback for Lot 56. For a corner lot, the side opposite the shortest front is
considered the rear.
✓ 8. Provide an Owner's Certificate statement and signature block on Sheet 1 of 7.
9 Change the approval block from Zoning to Subdivision Administrator.
V 10. Provide a statement or evidence regarding required or satisfied proffers/contributions supporting
the C.S.A. Middlesex Artillery Battery.
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,
�C4-41C,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/bah
Enclosure
UAPatrick\Common\.Star Fort III s_d review.wpd
107 ?north Kent Street • Winchester, Virginia 22601-5000
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SUBDIVISION DESIGN PLAN
CHECKLIST
The subdivision design plan shall be drawn at a scale that is
acceptable to the Subdivision Administrator. The subdivision
design plan shall include a sheet depicting the full subdivision
submitted. The subdivision design plan shall include the following
information:
4AO Wbesiv%R-56
title "Subdivision Design Plan for "
It
with a notation of all previous names of the subdivision.
original property identification number.
page number and total pages on each page.
name of the owner and/or subdivider
vicinity map [scale of one to two thousand (1:2000)]
showing all roads, properties and subdivisions within one
thousand (1000) feet of the sLLu__T
subdivision.
written written and graphic scale. 5/�-� cP 7
day, month and year plan prepared and revised.
y North arrow.
✓ name of the Magisterial District where located.
✓ zoning of all land to be subdivided.
✓ boundary survey of all lots, parcels and rights -of -way
showing bearings to the nearest minute and distances to
the nearest one-hundreth (1/100) of a foot.
topography shown at a contour interval acceptable to the
Subdivision Administrator but in no case greater than
five (5) feet.
names of owners, zoning and use of all adjoining
properties and deed book and page number references for
/ each adjoining parcel.
y proposed use of each lot, with the number of lots in each
use category.
area of each lot and parcel, the total area of the
subdivision and the total area in lots.
10
r
;/
AIIA location and area of each parcel of common open space and
the total area of common open space.
STAR CauRT- pfJV/60 NA/16
location, rjapes 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 requireme"nts are being met,
including the location and design details of proposed
facilities.
proposed rading plan including spot elevat�igns and flow
arrows. vrti'vuI' /n%`erY°!S /laf Gjtpr/y �4di�ohA $/? 3 of 7
cross sections, profiles and design details of all
proposed streets, roads, culverts, storm sewers, sanitary
sewers and water mains.
AI/AQ 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.
JA names of all streams and bodies of water, including all
one -hundred -year flood limits'as mapped by FEMA.
location of all land to be dedicated or reserved for
public use.
Schack S� 2
location of required setback lines on each lot. OF
AIJA location of proposed recreational areas and facilities.
A1>4 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.
11
JLsignature 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 condition a}} zonin or aRonditiyo� 1 use
permit. /h)Y�d/`G�j1' �r�;Il!/y A.ry /'n�` e5
signature line for the Subdivision Administrator.
12
'0 "1
COUNTY of FREDERICK
I
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
June 11, 2001
Mr. Ronald A. NVlislowsky, Jr., P.E.
Gilbert W. Clifford and Associates, Inc.
200 N. Cameron Street
Winchester, Virginia 22601
Re: Subdivision Comments - Star Fort - Section 3
Frederick County, Virginia
Dear Ron:
Upon review of the subject subdivision plan, we offer the following comments:
1. Provide an individual lot grading plan for section 3. Provide finished grades, all floor
elevations, house locations, and driveway culvert locations and sizes. An as -built drawing of the
subdivision by the engineer of record depicting all ditches, culverts, drainage structures, etc., shall
be submitted to the Public Works Department prior to issuance of building permits to verify all
grades depicted on the subdivision plan.
2. Due to erosion problems within the limestone geology, steepness of slopes along the road and
past problems within the subdivision, provide paved concrete ditches along all roads within
sections 3. Provide typical sections for all the ditches.
3. Provide reinforced silt fence or diversion berms with rock check dams in lieu of the regular silt
fence depicted on the plans. Provide rock check dams in all roadside ditches prior to paving and
as inlet protection. Specify locations on the plan of all rock check dams.
4. Provide a diversion berm along the entire west portion of the subdivision as shown on the
marked set of drawings.
5. Provide a wash rack in conjunction with the proposed construction entrance.
6. All ditches off the road right-of-way shall have permanent erosion matting in lieu of the
biodegradable matting specified in certain areas.
107 North Kent Street • Winchester, Virginia 22601-5000
1 €�
Star Fort - Section 3 - Subdivision Comments
June 11, 2001
Page 2
7. Provide supporting data for all sediment trap designs verifying the numbers depicted on the
subdivision plans. Provide the outfall location for sediment trap `B".
Once these comments are addressed, submit two (2) copies of the subdivision plan for
further review. If you have any questions, do not hesitate to contact me.
Sincerely,
C/VJ/- -
Joe C. Wilder
Engineering Technician
jcw
cc: Patrick Davenport, Frederick County Zoning Administrator
file
r ..
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
60
Date: Q Application # _ Fee Paid o,
Application / Agent: Gilbert W. Clifford & Associates, Inc.
Address: c/o Ronald A. Mislowsky
200 N. Cameron Street, Winchester, VA 22601
Phone:
(540) 667-2139
Owners name:
Carlin Smith
Address:
P.O. Box 2834
Winchester, VA 22604
Phone:
540-869-5600
Please list names of all owners, principals and / or majority stockholders:
Carlin Smith
Byron Brill
Contact Person:
Phone:
Name of Subdivision
Number of Lots:
Property Location:
Richard Hardison
Ronald A. Mislowsky
(540) 667-2139
Star Fort III
16 Total Acreage: -7_ 6 Ac
US Route 522 and VA Route 832
Magisterial District: Stonewall
Property Identification Number (PIN)
54-A-1
RECEIVED
MY 1 0 2001
DEPT. OF PLANNING/DEVLLOPMENT
Property zoning and present use: RP - Vacant
Adjoining property zoning and use
M2 Industrial, Vacant
RP Residential, Vacant
Has a Master Development Plan been submitted for this project?
Yes X No
If yes, has the final MDP been approved by the Board of Supervisors?
Yes X No
What was the MDP title? Star Fort
Does the plat contain any changes from the approved MDP? Pee &A WIRCI,4
Yes No x PO 0/1 S/gI0,
If yes, specify what changes:
Minimum Lot Size (smallest lot) 15,000 S.F.
Number and types of housing units in this development:
Number: 16
Types: S.F. Detached "Traditional "
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Planning Department
Attn: Planning Director
107 N. Kent St.
Winchester, VA 22601
(540) 665-6395
The Frederick County Planning Department is located at 107 North Kent Street, 4' Floor
of the County Administration Building in Winchester, if you prefer to hand deliver this
review.
Applicant's name, address and phone number:
Gilbert W. Clifford & Associates, Inc.
c/o Ronald A. Mislowsky
200 N. Cameron Street
Winchester, VA 22601
Name of development and/or description of the request:
Star Fort III Subdivision
Location:
US Route 522 at Lauck Drive (Route 832)
Planning Comments:
Director Signature and Date:
(NOTICE TO DIRECTOR - PLEASE RETURN THIS FORM TO APPLICANT)
NOITCE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist
the agency with their review. Please also attach a copy of your application form, location
map, proffer statement, impact analysis, and all other pertinent information.
S�Gr�art SUDG�iV -oA
SUBDIVISION DESIGN PLAN
CHECKLIST
The subdivision design plan shall be drawn at a scale that is
acceptable to the Subdivision Administrator. The subdivision
design plan shall include a sheet depicting the full subdivision
submitted. The subdivision design plan shall include the following
information:
title "Subdivision Design Plan for "
with a notation of all previous names of the subdivision.'
original property identification number.
page number and total pages on each page.
name of the owner and/or subdivider
vicinity map [scale of one to two thousand (1:2000)]
showing all roads, properties and subdivisions within one
thousand (1000) feet of the subdivision.
written and graphic scale.
day, month and year plan prepared and revised.
North arrow.
name of the Magisterial District where located.
zoning of all land to be subdivided.
boundary survey 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.
topography shown at a contour interval acceptable to the
Subdivision Administrator but in no case greater than
five (5) feet.
names of owners, zoning and use of all adjoining
properties and deed book and page number references for
each adjoining parcel.
proposed use of each lot, with the number of lots in each
use category.
area of each lot and parcel, the total area of the
subdivision and the total area in lots.
10
location and area of each parcel of common open space and
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.
locations, dimensions and cross sections of existing and
proposed sidewalks and walkways.
location of environmental features including floodplain,
steep slopes, wetlands, sinkholes, woodlands and natural
stormwater detention areas.
names of all streams and bodies of water, including all
one -hundred -year flood limits'as mapped by FEMA.
location of all land to be dedicated or reserved for
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.
11
signature of the owner or principals certifying ownership
of the property.
statement listing all requirements and conditions placed
on,the land included in the subdivision resulting from
approval of conditional zoning or a conditional use
permit.
signature line for the Subdivision Administrator.
12
J
a