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HomeMy WebLinkAbout21-02 Star Fort Sections 4A, 5, 6 and 7 Stonewall - Backfile1 Jub6ivision Checklist 1. Co ent sheets from the following agencies, along with any marked copies of the plan: t ;J? VDOT ��� ity o s e - GIS.(Road Name G I; �2 6l� S Review) Sanitation Authority " Inspections Department i /V ( �1 Fire Marshal V County Engineer 03/2 �1 2. One copy of the subdivision application TRACKING SHEET Date v -/,)-//402 �2- 14 03 Application received. To be filled in if an MDP is associated with this subdivision: MDP# COO ``7 Approved by BOS: CE Admin. Approved: .S-13J, o.p Fee paid (amount: $moo, ) Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment PUpdated d-B SE and Reference Manua cfiy F1aal Plufs -r -/A 4pprovec! - � $, G d 7 Penoliry File given to Renee'. to update Application Action Summary Final plat(s) submitted with review ageW� signatures along gwith:�l �i 0 d>U)Recorded deed of dedication Bond estimate (if required) $ O'\Operations Manuahsubdivision.trk Revised:. 6124/02 o 0 +� `CV O m 4- o ., CD v � O+" cc IL Q 0 > to U >, N �n 4- CIS 71 N cd O wa.-3� DATE o5 No. 4927 RECEIVED FROM A " ADDRESS eQ 9)nx � Crrf``•J`� L� e`�`1btt,:k.Uv� Ci H x(� ^r1�lC ���(( —DOLLARS $ g e� WOO! CASH ACCOUN AMT. PAID CHECK BALANCE MONEY DUE ORDER BY i93 J► C_) C) C.J Use Common Restrictions and Covenants Applicable to Star Fort, Section IV -A 1. 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 story 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 of roof pitch of 5/12. 1 C� 4. Building Foundation: All parging of foundation walls above ground level shall be painteP so as to conceal the color of the parge. The color of the paint shall be compatible with thee. 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 sigh 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 dying 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 animals, 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. Of Street Parking: After a residence is built on any of the said lots, the lot owner shall provide in connection therewith, off-street parking space of at least twelve feet (12) by 7 CJt thirty-five feet (35 5. 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 fo 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 clear in accordance with State laws and Iocal 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 VIRGE41A DEPARTMENT OF TRANSPORTATION. 19. Buildings: No building of any sort shall be placed or constructed on any Lot hereby dedicated unless or until plans and description 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 place for a period of five (5) years after completion of construction. S (a) Buildings may be of either traditional or contemporary design but must be situd , designed, constructed and finished so as not to detract from the natural beauty oRe surrounds and shall be compatible with the existing buildings. The powq!�4o 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, 2005. The Declarants shall be solely empowered to fill, by further appointment, any term which shall become vacant prior to December 31, 2005. (c) Those persons owning Lots hereby dedicated in Star Fort, Section IV -A in the year 2004 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 non -exercise of the powers accorded them. Likewise, a Lot Owner shall not be liable to any person for any exercise of non -exercise 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 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 4 0 0 J 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. 1=1.1 V-AWWXH Wr A.wpd 5 CD C? O the property, and interest, costs and reasonable attorney's fees on any such action shall be moiled to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mor gags: 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. Exemut ProRlIU: 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 IV -A, shall be subject 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 IV -A, 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 I ARTICLE YU 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 December 8, 2003, 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. WservatiQns: 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 Page 9 CQ O Lot, 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 needed, provided that such easement shall not interfere with the use and enjoyment of the Common Areas. Section 4. Publitc Ads to SW Foltz 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. AMCLE_ M 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. Page 10 Cv Co Section 4. Dissolution: Upon dissolution of the Association, other than incid� to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public 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 IV -A. 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. BY: (SEAL) CARLIN L. SMITH, President RICHARD G. HARDISON, INC. BY - At!! (SEAL) CHARD G. HARDISON, President Page 11 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: I, //, L ' , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that CARIJN L. SMITH, President of SELDON, INC., and whose name is signed to the foregoing Deed of Dedication, dated , 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1,'�- day of 2003. My Commission Expires-L-3/-0Z PUBLIC STATE OF VIRGINIA CITY OF WINCHESTER, TO-WI`t ;111c,lOF1��P���`� I, 4 a NotaryPublic in and for the State and jurisdiction aforesaid, do hereby 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 , 2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this L?- day of L_� , 2003. My Commission Expires�2-3/-a 7 a` •�OTAAY�n'; PUBOC 10301-W-M&DEED of Dedimbn � OF Page 12 cwmm in-vE / i Chao Rt �� SITE a Plana S . yv h CNN 0 ° VICINITY MAP 1 ' = 1000' SCALE Af'PR M BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE FREDERICK COUNTY SANITATION AUTHORITY DAIS .& q, c- 03 FREDERICK COUNTY SUBDIVISION ADMINIS OR��..tn DATE {2 /9 fl3 OWNERS CER TIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF RICHARD G. HARDISON, INC., RICHARD BYRON, INC. AND SELDOM, INC., 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 DATE /sZ _ 466 —6FY RICHARD do BYRON IN 1 ATE fT G SELDON, INC. ...o DATEtow .. , STATE OF U� : CITY/fY ,L,_ _ - THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON NOTARY PUBLIC MY COMMISSION EXPIR S 5UR VEYOR'�j CER TjFI_ CA TES. I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE PROPERTY THAT WAS CONVEYED TO RICHARD 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 1N DEED BOOK 845 AT PAGE 895, DEED BOOK 845 AT PAGE 904 AND DEED BOOK 853 AT PAGE 1, RESPECTIVELY. FINAL PLAT OF SUBDIKSION OP STAR FORT SECTION lV A P. Duane Brown STONEWALL Ad4GIVERW DISTRICT No. 1285 FREDERICK COUNTY, KRGIN14 Dec. a2003- izoo i�XD a4TE 12/08/03 COINER SHEET SHEET 1 OF 9 gug�t�°+ Marsh & Legge Land Surveyors,P.L.C. 550 NORTii LOUDWN 51REET N OCiiESM WGINIA 22901 DRAWN UYi G.GRMSRAN MK (540) 66%0466 « FAX (540) 66T-04M9 « W& officatrna*m degge can DWG NAME: ID5804 LOT 40 LOT 39 ' i LOT 8t HARDISON, BYRON & SELOON (REMAINDER 37.977 ACRES) / PIN 54-A-1 i LOT 80 08 845 PC 895,DB 845 PC 904, OB 853 PC 1 J i LOT 38 `.� ¢ ZONED: RP & B-2 USE: VACANT ! LOT 66 i•. LOr 79 LOT 37 LOT 65 l LOT 64 +\ LOT 36 `1i .. �. N 59 � LOT 78 LOT 63 >•'� Ps \ LOT 68 LOT 77 LOT 76 LOT 67 WIT 69 ;i �o 7 LOT 75 SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PC 688 ZONED: M-2 USE: INDUSTRIAL 73 MIDDLESEX ARTILLERY L0T 74 ~� FLEET'S tTTERY INC., C,S.A •� PIN 4-A-19 & 1C �•. DB 531 PC 266, D8 544 PC 418 SHEET INDEX ZONED: RP USE: HISTORIC i SHOCKEY BROTHERS INC. j PIN 54-A-17 i` DB 575 PC 583 67-69 4ZONED: M-2 USE: INDUSTRIAL 273-714-6 HARDISON BYRON & SELDON (REMAINDER - 37,977 ACRESI 77-78 8 PIN 54-A-1 g DB 845 PC 895, DB 845 PC 904, DB 853 PC I PS s KV ST N SHE ZONED: RP & B-2 USE: VACANT 0' 200' 40V SCALE N 1" 200' AREA SUMMARY A/ /N MUM SETBACK FRONT 35' AREA IN LOTS 6.6117 ACRES REAR 25' AREA IN RIGHT-OF-WAY 0.6866 ACRES SIDE 10' AREA IN PUMP STATION SITE 0.0717 ACRES TOTAL AREA SUBDIVIDED 7.3700 ACRES NUMBER OF LOTS 15 EXISTING ZONING: RP AVERAGE LOT SIZE 19.201 SF EXISTING USE; VACANT SMALLEST LOT SIZE 15.046 SF PROPOSED USE: SINGLE FAIRY DETACHED TRADITIONAL PIN 54--A-1 RESIDUAL AREA 37.977 ACRES FINAL PLAT OF SUBDMSION TH OF Yf STAR FORT SEC TION I V-A P• Duane rown STONEWALL MAOIW&W DISTRICT No. 00128685 fREDER/CK COUNTY, 14RGINIA Dac • S goo 3 ta'Yb suR���°� p4TL� 12/08/03 KEY �4P 1 " = 200' SHEET 1 OF 9 Marsh & Legge Land Surveyors, P.L.C. NO NORTH LOUDOUN STREET ou WINCHESTER. 1R UNIA 22601 DRAWN Or G.MMM PHONE (540) 667-0468 - FAX (540) 567-0469 N DIAL oifiadmm� e mde.=n DWO NAME: ID5804 CURVE TABLE CURVE TANGENT RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING Cl 113.914 275.00 215.98' 45'0000 210.48 N 4652'i0 E C2 31.77' 35.00 51.59 84 27 32" 47.05' S 6874 04 E C3 30.06' 35.00 49.67 8118 50' 45.61' N 28'42 45 E C4 35.00' 35.00 54.98 90'00 00" 49.50 N 65*37'50m W C5 124.13' 325,00' 237.15 41'e 31" 231.93 N 41*32'060 W C6 79.85' 225.00' 153.46' 39'04'41" 150.50' S 461D5 29" E C7 89.31 275.00' 172.71' 3559 03 169.89' N 4221'41' E C8 21.68' 275.00 43.27' 09100 57' 43.23' N 64'51'41 E 09 34.29' 250.00 68.15' 1537'04" 67.93' S 33'58'50m E C10 36.04 250.00' 71.59' 1624'30 77.35' S 49'5937' E C11 16.24' 250.00 32.43 0725 58 32.41' S 61'54 51 E C12 2.16' 25.00' 4.31' 09'52'35 4.30' S 60 41'33' E C13 8.68' 25.00' 16.72' 38'18'48 16.41' S 36'35'51" E C14 32.61' 50.00 57.80 6613 56 54.63 S 50'3325 E C15 25.73 50.00 47.53 5427'57" 45.78 N 69 05 38 E C16 24.45' 50.00' 45.48' 52V6 45 43.93 N 15'48'18" E Cl 7 27.26' TO.00 49.92 57'1216' 47.87 N 38'51 13 W C18 21.41' 50.00' 40.46' 4621'52 0 39.37' S 8921'43' W C19 11.18' 25.00' 21.03' 48'11'23" 20.41' N 894331" W C20 63.83, 200.00 123.57 3523'57" 121.61 N 4755'52" W C21 41.42' 35.00 60.84' 99'36 03" 53.47' N 19'34'08 E C22 31.44' .00 62.68' i 1173 Ot " 62.58' N 26'09 20 W C23 42.i5' .00' E3t25.00' 83.84' 14'48'49" 83.61 1 N 3904'15" W C24 45.61' 90.63' i558 42 90.34' 1 N 5427'010 W NOTES: 1.) IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREMOUSLY MONUMEN70. 2.) ALL LOTS ARE SUBJECT TO A 20' SLOPE. DRAINAGE AND UTILITY EASEMENT ALONG ALL RIGHTS -OF -WAY AND A 10' U11LITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. F-INAL PLAT OF SUBDIKS/ON STAR FORT SECTION /V-A STONEW&L MAGIS7FRW DISTRICT fREDERICK COUNTY, 109M a47F.- 12/08/03 1 CURVE TABLE I SHEET 3 OF 9 1 Marsh & Legge Land Surveyors, P.L.C. 56Q NQRTH LQUQQVN STREET n VKHESTER, VNINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EIML ofAoeanarshandsggs.can TH OF P. Duane Brown No. 001285 DRAWN BY: C.GREMSPAN DWG NAME: ID5804 N I LOT 65 LOT 64 z' rj C RZR�`SS OR 6g2%1�� ` • • N 6�5 • ` SAP / g `�� � �•'�•:•::•:: . 25�sF` LOT 63 o ���o o2�z�� `i1 '.... . , ss- 1 O 0' LOT 68 so• 17,512 SQ. FT. i LOT 67 \ \ip 18,800 so. FT. e�LOT 69 20 ,857 SQ. FT. `1 ~ 06�,�: ��•�� ���� /mac Lp MIDDLESEX ARTILLERY FLEET'S BATTERY INC., C.S.A. PIN 54--A--18 & 1C DB 531 PC 266, DB 544 PC 418 ZONED: RP USE: HISTORIC 0' 50' 100' SCALE - 1' = 50' SEE CURVE TABLE SHEET 3 OF 9 FINAL PLAT OF SUBDIVISION STAR FORT ,SE•CT/ON lV—A STONEWALL MAGIVZRIAL DISTR/Cr FRMERICK COUNTY, WMINM a4M: 12/08/0,Y I STALE - 1 ",- 50' 1 SHEET 4 OF 9 Marsh & Legge Land SurveyorsP,L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, WOW ZZ501 PHM (540) 067-040 N FAX (510) 667-0464 M Of& cull A l ardWKhgg&=n OF P. Dunne Brown No. 001285 04h--. 8, j"a3 'K:R svRQZ-t:+ DRAWN BY. C.OMENSPAN DWG NAME. 1D5804 NARDISON, BYRON & SELDON �— 1 (REMAINDER N 37,977 ACRES) \ \ PIN �.: •'.�, \ 8 845 PG 895, 08 845 845 PG 904, c : \ DB 853 PG 1 �. ; : ;•'. ZONED: RP do 8-2 USE: VACANT \ �'� '::': •: •: • � � •. • •. •. • •: •� \ LOT 78 � w ' : LOT 77 '•:� �•. tip- . ':• .� �•'• S RIB- �,�.,• • . • . LOT 69 z� /\ ss. � ao � •-� P)� Airy •• �� � �� LOT 70 �. 16,519 SQ. Ff. '.V'w �7 LOT 71 / 15,094 SQ. FT. �002�,�� /LOT 72 ��/ BR�� / `. 15,046 SO. Fr.4 �" :'�,.•'L•I �' ���� LOT 73 so MIDDLESEX ARTILLERY 4j• B FLEETS BATTERY INC., C.S.A. �2S' PIN 54—A-1B & 1C DB 531 PG 266, 06 544 PG 418 ZONED: RP USE: HISTORIC F4'RI.4' ;•'^•8j~ �`Fryj O�N��� o' 50' 100, r SCALE N 1" = 50' SEE CURVE TABLE SHEET 3 OF 9 FINAL PLAT OF SUBL MSION STAR FORT'r,� DF Pf SEC TION I v-A P. Duane Brown STONEWALL MAG/STERAL DISTRICT No. 001285 FREMICK MINTY, PIRGIN14 O1e•c. a,3 k� 04M 12106103 SCALE - I+ - 50' SHEET 5 OF 9 BusQs"�°� Marsh & Legge Land Surveyors, P.L.C. 560 NOR3H LOUDOUN STREET - MKHOTER, ARONIA 22601 DRAWN BY: C.CREEN$FAN PM E (540) 657-0488 M FAX (540) 667-0469 N ELAL cfAc@0mwd andeggk=n DWG NAME: IDWO4 FNTM s F _ LOT 77 = o .•DETENTION — tir T ~ _ EASOEI�DENT LOT 76 / v ' •4 w \ 50' mow .� �!,:�:•; :;.:.' :�" ?SS 49. EASE Ef B LOT 71 .21. / LOT 75 / LOT 72 0� ,�\2ip LOT 74 : ,' .'�4 LOT 73 f 23.995 SQ. F . 6�,1i��. , >>��a � 1S 84 73 15,851 SQ. FT. �J `�` .• ,. ` "� .� �/ / m r� 44" F 53 20 .� .DETENTfON ': • „ %,' ;`�� �,1:.. ' % R : � •�'�.. fgSC. •4/N,�� '� •^o``�� POND. ., •r• '.f, .� � �• .' 20.:.,..•'EASEMENT MIDDLESEX ARTILLERY 18S•�'� FLEET'S BATTERY INC., C.S.A. / ?. :L •.'�Q 't•.�� `'` PIN 54-A-1B & 1C /S;�j, D3� '` �::•:''�� .� DB 537 PG 266, DB 544 PC 418 Spy y, �` `' ZONED: RP USE: HISTORIC ,' AsS�`' c", 10459, I i / HARDISON, BYRON & SELDON ' REMAINDER — 37.977 ACRES � ( ) , EX. SHENANDOAH GAS CO. EASEMENT / PIN 54—A-1 / (DB 854 PG 1178) DB 845 PC 895, DB 845 PG 904, DB 853 PC 1 , ' ZONED: RP & B-2 USE: VACANT ' SHOCKEY BROTHERS, INC, PIN 54-A-12 0' 5 100' DB 575 PC 583 ZONED. M-2 USE. -INDUSTRIAL SCALE N 1" 50' SEE CURVE TABLE SHEET 3 OF 9 FINAL PLAT OF SUBDIVISION TH OF f STAR FORTr� SECTION lV—A �,�� STONEWALL A44GISTERI& DISTRICT P. Duane Brown MMER/CK COUNTY, KRGIN44 No. 001285 Dec, a,.2aos LWTF 12/08/0J SCALE, 1" = 50' SHEET 6 OF 9 Z{ suslsAo� Marsh & Legge Land Surveyors, P.L.C. NQ NQRTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 DRAWN BY: C,GREENSPAN PHONE (540) 667-0468 N FAX (540) 667-0469 - OML oMceOmarWmdegge.ccm I DWG NAME: ID5604 U 69a9 0` -1 Q�/RV`' f'��� K. aye /•. r•�.} ••r' '`�t�': .�,� �•1�,72p, / so HA Mp11,OFRN 5A pa qS N� ARE /C4�. '- ; , :,,, '.; •: ti r,• ,� P� 9� 1 ACP o/•.• .. 70, 30 ►.: 0.0717 ACRES HERMY aN4EO TO THE z/-hN 69 . '}� 5�-wI' :1 J `:.: _ /'•':• FREM" COMM �S� � Vim R , : `;;•`~. •'.' :.1.' :l ``,j... .:1. -', 61 LOT 77 CO 35` QRL(TYP.) �� �-,�c LOT 76 C : ryIxQ�� 38,126 SQ. Fri /,, .,:•::,• ,- _ `�'� o / :DETENTION '):' " ,•. Xv -POND'�- .., .�..:. ry �.. EASEMENT .,: / Y '':.S cl) SE' 2�.a7 2 TERN 8 .a,��l•� �•v SHOCKEY BROTHERS, INC. PIN 54-A-14 LOT 75 / ; ; : �� DB 748 PG 688 .� �, 15,079 SQ. FT,/ .:,; ZONED: M-2 USE: INDUSTRIAL 20' UTILITY ESM'T. �.� A : A'� SEE CURIE TABLE SHEET 3 OF 9 1 LOT 74 0,<. ` o /, ' :.` �3.. 4j'y 0' 50, 100' DETENTION ' ;< /•'; �� POND �6 j ,?9 EASEMENT SCALE N I = 50' FINAL PLAT OF SUBDIVISION CH 0jp Yr .STAR FORT SEC TION I V--A > STONEWALL MAGISTERIAL DISTRICT P. Duane Brown No. 001285 FREDERICK COUNTY, WRG/M14 AxC. 8,.2003 tekb gpgQ���4 QATE 1210810J SCALE N I' - 50' SHEET 7 OF 9 Marsh & Legge Land Surveyors, P.L.C. 5§9 NORTH LOUDOUN STREET ry WWNCHESTER, VIRGINIA 22601 DRAWN BY; C.6MNSPhV PHONE (540) 667-0468 - FAX (NO) 667—M9 N DAM. oiilca0marahandlegge.com DWG NAME: ID5804 i / y so LOT 79 / Aso °. is o �� �. •;i � �•:':: �• s �. � : • • � / �:.: ems, o, 1 ' j V. F LOT o •� 78 24,614 SO. FT. /\P91 ol we 100, /c:�f ! _/ _ SCALE N 1" 50' i :1 ! SEE CURIE TABLE SHEET 3 OF 9 o N 24 2'10" E u; Z :4 .02' N w HARDISON, BYRON & SELDON w� 1: \ o! � 1 . \ (REMAINDER - 37.977 ACRES) !� PIN 54-A-1 DB 845 PG 895, DB 845 PC 904, DB 853 PG 1 ZONED: RP & 8-2 USE: VACANT LOT 77 j 19,555 SO. FT. > `- 10' BRL TYP.) , DETENTION :1+ POND S 22'j22339" W 179.33' EASEMENT T.~20 SA--+^N. 12�33 s * '� 50.Q0' 0.18'52 E & INGRESS�EGRESS EASEMENT " A.. ^'52.44. ';w `a 7 SEE Sh'� 7 OF 9 /. • z ;'� f 0 LOT 76 10 FINAL PLAT OF SUBDIVISION STAR FORT SECTION Iv A STONEWALL A+G4G/STmw D/STR/CT FREDER/CK COUNT); l4RG/NG4 04 M 1210810J I SCALE — 1 "' = 50' SHEET 8 OF 9 Marsh & Legge Land Surveyors, P.L.C. 550 NORTH LOUOOUN STREET N WINCMESTER, MRGINIA 22601 MiONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL ofksQmor*mdegg&com �THOF l P. Duane Brown No. 001285 Dec, 8.49003 ' Z4kD $UvtIq 4 DRAWN BY; 0.GR0N$PM DWG NAME: ID5804 1N LOT 39 ss, b. LOT 81 HARDISON, BYRON & SELDON (REMAINDER N 37.977 ACRES) PIN 54-A-1 D8 845 PG 895, DO 845 PC 904, DB 853 PC 1 ZONED: RP & 8-2 USE: VACANT 15,144 SQ. FT. IK LOT 80 '0�\ 15,4t9 SQ. fl'. . • \ �',, -fig 0 0 <1 LOT 66 `� f :•� � 1 w��• s �" LOT 79 `�,�C^ 16,397 SQ. FT. N /' ` N STAR FORT"-, 4ECTION IV-8 �' o low LOT 65 5 4 Z362 250D �, •� r 0' 50' ' 100' 4dF9 SCALE N 1" = 50SEE SNEEr �. SEE CURIE TABLE SHEET 3 Of' 9 -� FINAL PLAT OF SUBDMSION STAR FORT SECTION lV—A STONEWALL MAGISMML DISMICT FREDERICK COUNTY, VIRGINA 0 v N rn 0 $ E 19 1 N 69�� � 25•�4 y �. Of 2E• LOT 78 GATE 1210810J I SC4LE - 1' = 50' 1 SHEET 9 OF 9 1 0l+ xVA wum. V. L.-- P. Duane Brolm No, 001285 Dec. 8 puzos Marsh & Legge Land Surveyors, P.L.C. M NQRTH LQVDQVN STREET WINGHESTER, VRGINIA 22601 DRAWN BY: C.GREFNSPAN PFW (540) 667-0468 - FAX (540) 667-0469 N M4L oillcsomad=dM&com DWG NAME ID5804 u b :ii ANIA: FRi~D RICK COUNTY, SCT. i ct;s instrumeut of writing was produced to me on too id Mth :e:r,A;atc of a-knowledgement thereto annexe:, .ti acimitted to record. T i►nposed by Sec. 58.1-302 of . and 58.1-801 have been paid, if assessable 040023027 CD Ul q--- ?o CERTIFICATE OF PARTIAL SATISFACTION Place of Record: CIRCIUT COURT OF THE COUNTY OF FREDERI CK, VIRGINIA Date of Note/Deed of Trust: February 19, 2002 Recording Information: Instrument 4020003562 Modified in: Instrument #020010029, 020016328, 020019166, 030027905 and 040005341 Supplemented in: Instrument #030005342 Name(s) of Grantor(s)/Maker(s): Dan Ryan Builders, Inc., a Maryland corporation Name(s) of Trustee(s): Patricia Dubois and Gregory L. Carter Brief description of Property: Lot 70, Sec.IV-A, Starfort Subdivision (which is a portion of the property referred to in the deed of trust) Maker of Note: Dan Ryan Builders, Inc., a Maryland corporation Holder of Note: Bank of America, N.A. Date of Note: February 19, 2002 Face Amount of Note(s): $15,000,000.00 The lien of the above -mentioned deed of trust securing the above -mentioned note Is released insofar as the same is applicable to the above -referenced parcel. The undered is the legal holder of the obligation, note, bond or other evidence of debt secured by.,WW 10, trust. Given under my hand this day of BANK OF AMERICA, N.A. -" By: STATE OFA� ASST,1�rivi'- PjttS: DENT CITY/COUNTY , to -wit: Subscribed, sworn to and acknowledged before me by Martha Ballard .Ag•:. '�yIrsu T V= PFIOOMT of Bank of America, this 1 day of . '� t.200 • '' commission expires: (NOTARY PUBLIC Orida A. F1089*0i , This document prepared by: Thomas M. Dickinson, Jr., Esq. THOMAS M. DICKINSON, JR., P.C. V11tUINIA' FREDERICK COUN'1"Y, sGT• 102-2 South Kent Street This instrument of writing was produced to /me on Winchester, VA 22601 ��- /0'0 / at � . Z— l A � eeto annexed and with certificate of acknowledgement�cr58.1 $02 of was admitted to record. T imposed by $�,A , and 58.1-801 have been paid, if assessable Clerk 0 0410023029 0 c1A --, I CERTIFICATE OF PARTIAL SATISFACTION Place of Record: CIRCIJT COURT OF THE COUNTY OF FREDERI CK, VIRGINIA Date of Note/Deed of Trust, February 19, 2002 Recording Information: Instrument #020003562 Modified in: Instrument #020010029, 020016328, 020019166, 030027905 and 040005341 Supplemented in: Instrument #030005342 Name(s) of Grantor(s)/Maker(s): Dan Ryan Builders, Inc., a Maryland corporation Name(s) of Trustee(s): Patricia Dubois and Gregory L. Carter Brief description of Property: Lot 71, Sec.IV-A, Starfort Subdivision (which is a portion of the property referred to in the deed of trust) Maker of Note: Dan Ryan Builders, Inc., a Maryland corporation Holder of Note: ' Bank of America, N.A. Date of Note: February 19, 2002 Face Amount of Note(s): $15,000,000.00 The lien of the above -mentioned deed of trust securing the above -mentioned note Is released insofar as the same is applicable to the above -referenced parcel. The undersigned is � iegal holder of the obligation, note, bond or other evidence of debt secured by sa Ojy MIO , nt Given under my hand this day of ��, d4A _ : 11240t'� c� ._ G BANK OF AMERICA, N.A. By M/ARTl < I, P?�!! ,.i.A.R STATE OF �N CITY/CO Y OF , to -wit: ASST. V 1 � ` ° i _� ; i Subscribed, sworn to and acknowledged before me by Martha Ballard as Tat wrx o vane. r of Bank of America, this '/S day of I&j91A__ , 200 l fy. Commission expires: •• N i r: �`-Tbis document prepared by: Thomas M. Dickinson, Jr., Esq. THOMAS M. DICKINSON, JR., P.0 102-2 South Kent Street Winchester, VA 22601 A NOTARYPUffLIC L n! VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on // -/0- at 1 \';�L4Ja.t-L' and with certificate of acknowledgement thereto annexed was admi ted to record. T imposed by Sec. 58.1-802 of $ gnLk2 , and 58.1-801 have been paid, if amessabie CD `f' 040025r"5 Co j a„f 4-J V nJ -1- - YA- --7 2- CERTIFICATE OF PARTIAL SATISFACTION Place of Record: CIRCIUT COURT OF THE COUNTY OF FREDERI CK, VIRGINIA Date of Note/Deed of Trust: February 19, 2002 Recording Information: Instrument #020003562 Modified in: Instrument #020010029, 020016328, 020019166, 030027905 and 040005341 Supplemented in: Instrument #030005342 Name(s) of Grantor(s)/Maker(s), Dan Ryan Builders, Inc., a Maryland corporation Name(s) of Trustee(s): Patricia Dubois and Gregory L. Carter Brief description of Property: Lot 72, Sec.iV-A, Starfort Subdivision (which is a portion of the property referred to in the deed of trust) Maker of Note: Dan Ryan Builders, Inc., a Maryland corporation Holder of Note: Bank of America, N.A. Date of Note: February 19, 2002 Face Amount ofNote(s): $15,000,000.00 The lien of the above -mentioned deed of trust securing the above -mentioned note Is released insofar as the same is applicable to the above -referenced parcel. The undersigned is the legal holder of the obligation, note, bond or other evidence of debt secured by said deed of trust. Given under my hand this ;S1 day of�,�11i)� , 200�t_ BANK OF AMERICA, N.A. By: SEAL} STATE OF AA �vMART t .r ' R t _BARD l i t�✓iWG"1 CITY/COUNTY OF , to-wit.:mil Subscribed, sworn to and acknowledged before me by '""'i1c` BSIIu1a as — of Bank of America, this ���E O day of 4_n , 200 My Commission expires -,.This document prepared by: NOTARY PL�n Spa A. Fi Thomas M. Dickinson, Jr., Esq. VIRUINIA: FREDERICK COUNTY, SCT. f� THOMAS M. DICKINSON, JR., P.C. This instrument of writing was produced to me on 102-2 South Kent Street l V Winchester, VA 22601 at ,.___4 unu nitJ: ���:1;F.r;a� of tcl:nut;leat cmc.nt theruto unexcd w;.s LLd"'itted to record. T Jmposeti by Sec. 58.1-802 of $� and 58.1-801 have been Paid, if assessable 411W Cleric 04002302E d 0 :2- qA - � 9 �- CERTIFICATE OF PARTIAL SATISFACTION Place of Record: CIRCIUT COURT OF THE COUNTY OF FREDERI CK, VIRGINIA Date of Note/Deed of Trust: February 19, 2002 Recording Information: Instrument #020003562 Modified in: Instrument #020010029, 020016328, 020019166, 030027905 and 040005341 Supplemented in: Instrument #030005342 Name(s) of Grantor(s)/Maker(s): Dan Ryan Builders, Inc., a Maryland corporation Name(s) of Trustee(s): Patricia Dubois and Gregory L. Carter Brief description of Property: Lot 69, Sec.IV-A, Starfort Subdivision (which is a portion of the property, referred to in the deed of trust) Maker of Note: Dan Ryan Builders, Inc., a Maryland corporation Holder of Note: Bank of America, N.A. Date of Note: February 19, 2002 Face Amount of Note(s): $15,000,000,00 The lien of the above -mentioned deed of trust securing the above -meet' h note Is released insofar as the same is applicable to the above -referenced parcel. The ' the legal holder of the obligation, note, bond or other evidence of debt secured by aid �d trust. j Given under my hand this day of {,-Iv�XI� _ t u , 200 ' BANK OF AMERICA, N.A. By: 1-1 MARTHA BAULARD STATE OF '-Ui h ASST. VICE PRESIDENT CITY/COUNTY OF , to -wit: Subscribed, sworn to and acknowledged before me by Martha Ballard , �6• WE r of Bank of America, this 1? day of C� 1X- , N My Camnission expires: �4 This document prepared by: Thomas M. Dickinson, Jr., Esq. THOMAS M. DICKINSON, JR., P.C. 102-2 South Kent Street Winchester, VA 22601 "7 NOTARY PUBLIC Smoak VIRGINIA: FREDERICK COUNTY, SCT. This instrument Of writing was produced to me on / //_ /V -0 J at 13 o M and with o ftificate of acknowledgement thereto annexed was adn fitted to record. T imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable 4e,ew �� , Ckrk cbpd, 41 j, l��tl,>��l,l:, • 11 I`- �, )1 Vicinity a l o-� �l` Ill APPROVED BY VIRGINIA DEPARTMENT OF N TRANSPORTATIODATE ti 'ON FREDERICK COUNTY SANJTATION AUTHORITY i�✓ DATE FREDERICK COUNTY SUBDIVISION ADMINTSTRATO]lc�� DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of RICHARD G. HARDISON, INC., RICHARD & BYRON, INC. AND SELDON, INC., 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. R" SELDON, INC. NOT'AY PUBLIC 11 4"1 eZ Notary Public in for the Stat large, do a and wtofloVinginia, at certify that whose names are signed to the foregoing Owner's Certificate, have acknowledged iIII%ore-,me in my State. Given under my hand this day ofJ9ZjzJ&,e 2004- My commission expires OWN OF SURVEYOR'S CERTIFICATE I hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to RICHARD G. HARDISON, INC., RICHARD & BYRON, INC. AND SELDON, INC. by deeds dated September 14, 1095, 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 Xffli OF 0' STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA No. 001285 DATE: AUG. 17, 2004 COVER SHEET SHEET I OF 7 4 0111- D Z, SURNS Marsh & Legge Land Surveyors, P.L.C. DRAWN BY: PDB 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office6marshandlegge.com DWG NAME: 06296 0 CD Cn %-D SHEET INDEX 52 LOTS SHEET 82-83, 88 4 84-87 5 89-90, 95--96 6 91-94 7 O/ / 49 r STAR iVRT - SEC770N M l INSERT 54N-2-3 INSTRUMENT 020012404 ZONED: RP USE- RESIDENTIAL i i 44 a5 96 95 1 34 93 SENTRY COURT 90 / \ t! 30 j 41 /STA\ - &410N A( 88 / 8/- /�D8 9215PC &0 92 HARDISON, BYRON & SELDON (REMAINDER - 24 530 ACRES) PiN 54-A-1 DB 845 PG 895, 08 845 PG 904. 08 85J PG 1 ZONED: RP & B-2 USE. VACANT ZONED: RP USE RESIDENTIAL lz ! 86 7r /r 40 82 26 �i' J9 i N 175 ¢' '-4 84 1 ` 126 I HJ ! �� % \ s� ri STAR ftERT -2-6N V/ 14 �' / 'Lt /� \ INSERT 54N-2-6 J3 ! ��� / ° 33 INSTRUMENT 040011434 r` 7 ZONED, RP USE: RESIDENTIAL of y ! 6ff r 79 i •'\ // ! 9.9 STAR PORT - SECTION IV -A '' INSERT 54N-2-4A/\3Sd i INSTRUMENT 0JO028725 134 i.r? 64 ZONED: yRP USE. RESIDENTIAL \ \ / 35IJ6 AREA SUMMARY MINIMUM SETBACK REOUIREMENTS: AREA IN LOTS 59481 ACRES FRONT 35' AREA IN R/W 0.7381 ACRES REAR 25' TOTAL AREA SUBDIVIDED 6.6862 ACRES SIDE 10' NUMBER OF L 0TS 15 AVERAGE L 0 T SIZE 17,273 SF EXISTING ZONING. RP SMALLEST LOT SIZE 15,001 SF PROPOSED USE. SINGLE FAMILY DETACHED TRADITIONAL PIN 54-A-1 RESIDUAL AREA 24.530 ACRES FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 200 0 200 DATE: AUG. 17, 2004 KEY MAP 1 "=200' SHEET 2 OF 7 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER. VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com PZ,Tx of Df c P. Duane Brown No. 001285 �.A�ugusf .29,2ao4 �.�04 DRAWN BY: PD8 DWG NAME- ID6296 P. r CIIPVF TART F CURVE DEL TA RADIUS ARC TANGENT CHORD CHORD BEARING 1 16'31'15" 650.00' 18742' 94.37' 185,77' S54'10'44'E 2 09 53 56" 625.00' 107.98' 54. J3' 107.85' 55729 23"E 3 0637'19" 625.00' 7223' 36,16' 72.19' S49'13'46'E 4 13'13 23" 50.00' 11. 54' 5.80' I1. 51 ' S52 31 '48'E 5 54'0029" 50.00' 4713' 25.48' 45.41' S86'08'44'E 6 48'05'07" 50.00' 41.96' 22.31 ' 40.74' N4248 28'E 7 63'3126" 50.00' 55.44' 30.96' 52.64' N125949"W 8 74'39'49 " 50.00' 65.16' 38.13' 60.64' N82 05 26 "W 9 673626" 2500' 29.50' 16.74' 2782' N8537'07"W 10 0230'03" 675.00' 29.46' 14.73' 29.46' N530355"W 11 08 07 25 " 675.00' 95.70' 47.93' 95.62' N5822,39 "W 12 48'11'23" 25.00' 21.03' 11.18' 20.41' 5514946'E 13 39'19'51" 50.00' 34.32' 17.87' 33.65, S472400"E 14 53'5849 " 50. 00' 47 11' 25. 47' 45.38' N85 56'40 "E 15 5356'12" 50.00' 4707' 25.44' 45.35' N3159'09'E 16 53-47'41" 50.00' 1 46.94' 25.36' 45.24' N21'52'48"W 17 7520'13" 50.00' 65.74' 1 38.60' 61.11' N862644"W 18 48'1123" 1 25.00' 21.03' 1 11.18' 1 20.41' 57958'51'W NOTES: 1, IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2 ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE AND UTILITY EASEMENT ALONG ALL RIGHTS -OF -WAY AND A 10' UTILITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: AUG. 17, 2004 1 CURVE TABLE o���P1,TH OF P. Duane Brown No. 001285 A ugus� 2.� ,200� SHEET 3 OF 7 tQND suR���o4 & Legge Land Surveyors, P.L.0 (,Marsh 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DRAWN BY: PDB DWG NAME: ID6296 Ca 0 SEE SHEET/6 89 1 90 co a / , 41 O - o 100� LOT 88 z8 STAR FORT SECT/0N 11 , 15,027 SO. FT. INSERT 54N-2-2 DB 921 PC 6I0 \ \y ZONED. RP USE: RESIDENTIAL o. \ � !l�J `���? 87 40 \C0� 10 n \ `\�` Oj �lti 9 111 86 20' URLITY EASEMENT (TYR)� i LOT 82 15,002 SO. FT ;- , LOT 83 : / 85 39 15,100 S0. FT 9 � s� 81 V�y• 12 ` ` STAR FORT - SECTION /V-A INSERT 54N-2-4A ?�!� INS FUSE 3 > 81.j5 94.0 20 34„ DRESIDENTIAL ZONETRNT RP Sg9 55.66 11 i/ 80 2511. Sg9° \ 133 \ \ / STAR FORT SECTION VI 135 INSERT 54N-2-6 \ INSTRUMENT 040011434 ZONED: RP USE: RESIDENTIAL FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 DATE: AUG. 17, 2004 1 SCALE: 1 "=60' (Av3msf,93 �rl 1,TH OF t f c�uane Brown o. 001285 ,2004 SHEET 4 OF 7ND sUR,�Ho4 ,Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DRAWN BY: PDEI DWG NAME: ID6296 I.- SEE SHEET 6 / SEE HET 7 ---- 89 / 92 90 / 6• o ,F z 88 LOT 87 17,785 S0. FT. 0/105 8� LOT 86 rl Q c 25,848 SO. FT. \ C��PT 9 20' UTILITY EASEMENT (TYP.) �2 L'J\ti ,5oV. , 20' WATER EASEMENT rr N89'31 71 'r / lJ pad 176 7� -- — — o \ 4 123 't lb 106 \\ LOT 85 r �� 8.3 ; /�'� — _ \ , ` N 22, 543. 50. FT -� 125 \`'' / LOT 84 20, 384 50. FT. \ c V' 3 i 10' ORAINACE EASEMENT-----\.' fl \ ysa '128 �y?�p 55 boy 1" w 80 �� Sgg'25 135 133 FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 DATE: AUG. 17, 2004 1 SCALE: 1"=60' S7',4R FORT - SEC7'10N V1 INSERT 54N-2-6 131 INSTRUMENT 040011434 ZONED: RP USE: RESIDENTIAL ('44 LTH OFDuane Brown o. 001285 SHEET 5 OF 7NO SURIJ ,,Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 - FAX (540) 667-0469 EMAIL office®marshandlee¢e.com DRAWN BY: PDB DWG NAME: ID6296 0 O cn w 0 0 m / \ 45 HARDISON, SYRON & SELDON �\ (REMAINDER - 24.530 ACRES) / PIN 54-A-1 DB 845 PC 895, 08 845 PC 904, I o44 DB 853 PC 1 j ZONED.' RP & B-2 USE VACANT z E S14°04'32"W i 36.36' � � � i � �'946p•68'Qp;s , 2 -7 117. i gyp, 4-3 ' LOT 96 1 10' DRAINAGE EASEMENT T SQ. FT. 15,011 , i115, 001 S0. FT.94 cy r20' UTILITY EASEMENT (TYP.) STAR FORT SECTION '�� INSERT 50-2-3 INSTRUMENT 020012404 �O / 9 0' ZONED: RP USE RESIDENTIAL , _ Q 93 RY CpU ?' 1 S _ RT 18 50' R/W _ 9 SAN. SEWER EASEMENTQ ) _ 42 0 . r— _'0"'2 _ �.t607q•__ _I �� � I 1 _ •-��4 � 13 15 / i �o LOT 89�� \ \ I4 92 15,547 SO. FT. LOT 90 15,105 SO. FT 41 / \ 87 86 SEE SHEET 4 / SEE SHEET s FINAL PLAT OF SUBDIVISION STAR FORT �ALTx of SECTION V STONEWALL MAGISTERIAL DISTRICT L5>0A ..'A ,,.,9 FREDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 Augus%23,2ood DATE: AUG. 17, 2004 SCALE: 1"=60' SHEET 6 OF 7 tgND SuRVE'ko4' Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID6296 b\q� S14'04'32"W \� 36.36' ` �'99Rn• HARDISON, BYRON & SELDON (REMAINDER - 24.530 ACRES) PIN 54-A-1 DB 845 PG 895, OB 845 PG 904, OB 653 PG 1 ZONED: RP & B-2 USE: VACANT 126 96 6 ,50, ip' DRAINAGE EASEMENT r ' ~-ram 1p• . �� R�iTyp 95 / LOT 94 �9,0. �/. �. 15, 002 50, FT. l .iSBRI(Typ _ JIG7 20' WATER EASEMENT S, E= Y COURT LOT 93 S755s2g£ 5Q. R/w 16 \ 0 �1 17, 101 SO. FT 1 22S 6 — �y 12 15 / \ 13 LOT 92 15,526 SO. FT,1 11106 _ t0' 1 / r 20' UTILITY EASEMENT (TYP.)` � I90 20' DRAINAGE EASEMENT LOT 91 19,120 SO. FT. _ l5' - 'o HARDISON, BYRON & SELDON 20' SAN. SEWER EASEMENT r{_ a (REMAINDER - 24.530 ACRES) N227,j, _ -_ _ PIN 54-A-1 CID D8 845 PG 895, DB 845 PG 904, 6-5o'DS 853 PG 1 26 �,� ZONED. RP & B-2 USE. VACANT 87 j1� 721 86 FORT - SECTION Vl INSERT 54N-2-6 INSTRUMENT 040011434 SEE SHEET 5 ZONED: RP USE.- RESIDENTIAL FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 DATE: AUG. 17, 2004 1 SCALE: I "=60 ;4�� ,TH OF U >dAO, 9 P. Duane Brown No. 001285 Auyuat.23,.2ood SHEET 7 OF 7 CRNp suRVE�o� ,Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESPER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DRAWN BY: PDB DWG NAME. ID6296 CD CJi V1RGINIA: FREDERICK COUNTY, SCI'. s instrument of writing was produceeedd to me on and with ecru tie:nr of .ckruwled-Prnent thereto annexed was��d�,mitted to record. "1 imposed by Sec. 58.1-802 of 5�__1�__,_ , and 58.1-801 have been paid, if assessable 4e,ew �'4;-� , Clerk CD 0 u J z F dm � � N e C°zc z�tr two z a° a z z 040025251 THIS DEED OF DEDICATION made and dated this 8's day of December, 2004 by and between SELDON, INC., a Virginia corporation; RICHARD G. HARDISON, INC., Virginia corporation, and RICHARD and BYRON, 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 August 23, 2004, known as Star Fort, Section V, described on the Final Master Development Plan of, Star Fort, Section V, 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 Caliber Court and Sentry Court, which is hereby dedicated to the public; and, WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half (%) 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- fourth ('/,) 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 Byron, Inc., a Virginia Corporation, is the owner of one-fourth (`/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 V. 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 V, and the Declarants may apply different restrictive covenants to other sections of the subdivision. O O N 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 V, lying and being situate in Stonewall Magisterial district, Frederick County, Virginia, known as Caliber Court and Sentry Court together with all drainage easements, and more particularly described by the aforesaid plat of P. Duane Brown, Land Surveyor, dated August 23, 2004, 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 V, 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 ('/2) 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 ('/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 ('/4) interest of which was conveyed to Richard & Byron, 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 of developed lots to assist in funding the operation and maintenance of Star Fort, located adjacent Page 2 0 0 c.� 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 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 Member shall hold the interest required for membership in Article II. When more than one Page 3 0 0 r 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 CD C) Z- ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarants, for each Lot owned within Star Fort, Section Vl, hereby covenant, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant 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 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"). Page 5 0 Z_ tr 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. 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 maybe 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 funds 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. Page 6 0 0 (e) The operating entity may expend any funds provided hereunder for any purpose 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 Page 7 I the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgaees: 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 Areal 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 V, shall be subject 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 tun with the land. Notwithstanding anything to the contrary herein, these covenants shall apply only to Star Fort, Section V, 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 CD O t.D ARTICLE V[I 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 August 23, 2004, 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 Page 9 0 0 cn 0 Lot, 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 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 maybe 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. Page 10 CD O Cn Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency, 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 V. 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. BY: Q---9-L.., /��� (SEAL) CARLIN L. SMITH, President RICHARD G. HARDISON, INC. BY:(V,,j6,,4 (SEAL) I�CHARD G. HARDISON, President Page I 1 RICHARD & BYRON, INC. E:im. - 1 , , STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that CARLIN L. SMITE[, President of SELDON, INC., and whose name is signed to the foregoing Deed of Dedication, dated December 8, 2004, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this Y� day of , 2004. My Commission Expires / -,T/-07 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: NOTARY KJ_BLIQ'-- 1ARY PUB0' Q OF 4/11111111110 I, , allotaryPublic in and forthe State and jurisdiction aforesaid, do hereby certify that RICHARD G. HARDISON, President of RICHARD G. HARDISON, INC., whose name is signed to the foregoing Deed of Dedication, dated December 8, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of , 2004. My Commission Expireso% ARY PUBLICswag MOTARi PUBL1� Page 12 CQ O Ul N STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: 1, '6/�- z C,l1 _ , allotaryPublic in and for the State and jurisdiction aforesaid, do hereby certify that BYRON A. BRILL, President of RICHARD & BYRON, INC., whose name is signed to the foregoing Deed of Dedication, dated December 8, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this / day of L yo , ., . 2004. My Commission Expires J- 3/-Uz ,�pquuuniWgnk e _e_o.N NOTARYIC 13131Sw Fo k A Wad ofD'MSr.�n-' -wpd Page 13 CD 0 cn EXHIBIT A COMMON USE RESTRICTIONS AND COVENANTS APPLICABLE TO STAR FORT, SECTION V 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 story 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 of roof pitch of 5/12. 0 CD CJn c_n 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. 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 sigh 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 he removed as soon as the object is achieved. 9. Clothes Lines: Clotheslines or dying 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 animals, 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 shall provide in connection therewith, off-street parking space of at least twelve feet (12') by 0 0 cn rn 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 comer lot which rises more than three (3) feet above ground level within ten (10) feet of the intersection fo 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 clear 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 placed or constructed on any Lot hereby dedicated unless or until plans and description 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 place for a period of five (5) years after completion of construction. 0 c:) cn (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 surrounds 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, 2005. The Declarants shall be solely empowered to fill, by further appointment, any term which shall become vacant prior to December 31, 2005. (c) Those persons owning Lots hereby dedicated in Star Fort, Section V in the year 2004 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 non -exercise of the powers accorded them. Likewise, a Lot Owner shall not be liable to any person for any exercise of non -exercise 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 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 0 0 C.)'1 rn 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. 121 M Star Pon \ A'EXR]BIT A wpd a // I I - ,I�� ` ; I 1 11 �1l C T : �' 37 � �t„� ro. J �/� II� I I �� Q.I ,�1, 1. •)J I �,�) q 0 •i� �i. J,- 11.or e4 O r l ; • ll III ysi ,. Vicinity Ma l > y f Scale: 1 =2000 �� l APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE FREDERICK COUNTY SANITATION AUTHORITY �- DATE6� FREDERICK COUNTY SUBDIVISION ADMIN18TRATO DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of RICHARD G. HARDISON, INC., RICHARD & BYRON, INC. AND SELDON, INC., 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. FU RICHARD G. HARDISON, INC. RI SELDON, INC. NOTXRY PUBLIC I, �a & 45 �- ,a Notary Public in and for the Stat,wo611110uGgin p" Fr certify that,.c4irn/G or4sn,�ca,^���y� e i �y r47- • �SSIONR signed to the foregoing Owner's Certificate, have acknowledgeJ1 th �a A S ), 4^o c Given under my hand this day ofzmlix 20044 'OMB L1C My commission expires <�F OF tlt� , at large, do whose names are .�,me in my State. SURVEYOR'S CERTIFICATE I hereby certify that the property contained in this subdivision is a portion of the property 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. FINAL PLAT OF SUBDIVISION STAR, FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: AUG. 17, 2004 I COVER SHEET I SHEET 1 OF 7 Marsh & Legge Land Surveyors, P.L.0 \` 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com P. DUANE BROWN, L.S. H OF O �r P. Duane Brown No. 001285 Aus usf 23,xood 0 L4 1) SUR��� DRAWN BY: PDB DWG NAME: ID6296 SHEET INDEX LOTS SHEET 82-83, 88 4 84-87 5 89-90, 95-96 6 91-94 7 P 5 52 Fl J 49 r I STAR FORT - SECTION II/ INSERT 54N-2-3 INSTRUMENT 020012404 ZONED: RP USE: RESIDENTIAL m 30 STAR FORT - SECTION II INSERT 54N-2-2 DB 921 PG 610 11' ~ ZONED: RP USE.- RESIDENTIAL 25 4 44 45 96 1' 95 1l -_ I // 94 SE,V r �L couRT 4w --- 89 90 92 47 ' 91 88 - 87 86 12' �.'RT - - M 0 a z Ln F z Z HARDISON, BYRON & SELDON (REMAINDER — 24.530 ACRES) PIN 54—A-1 DB 845 PG 895, DB 845 PG 904, DB 853 PG 1 ZONED.- RP & B-2 USE: VACANT 27 yi i �� 82 r 123 >' r jt 25 ,r r zc 83 85 ; 2� t2,84 i22 25 128 726 rJ `tb i BJ s31 2A STAR FORT - SECTION VI '- ,,\ % \ INSERT 54N-2-6 38 % rat! / /` i33 127 INSTRUMENT 040011434 2 r! 79 t3 ZONED. RP USE. RESIDENTIAL 129 7 ri `� STAR FORT SECTION IV -A INSERT 54N-2-4A-- f INSTRUMENT 030028725 l 134 132 ZONED: RP USE.- RESIDENTIAL 1 36, �J > \ 136 \1 78 AREA SUMMARY MINIMUM SETBACK REQUIREMENTS AREA IN LOTS 5.9481 ACRES FRONT 35' AREA IN R/W 0.7381 ACRES REAR 25' TOTAL AREA SUBDIVIDED 6.6862 ACRES SIDE 10' NUMBER OF L 0 TS 15 A VERA GE L 0 T SIZE 17, 273 SF EXIS TING ZONING: RP SMALLEST LOT SIZE 15,001 SF PROPOSED USE.- SINGLE FAMILY DETACHED TRADITIONAL PIN 54-A-1 RESIDUAL AREA 24.530 ACRES FINAL PLATOFSUBDIVISION STAR FORT ED Lr.�PSECTION VrSTONEWALL MAGISTERIAL DISTRICT,..9FREDERICK COUNTY, VIRGINIA rown200 0 200 85,2oo4DATE: AUG. 17, 2004 KEY MAP 1 "=200' SHEET 2 OF 7 'j Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL officeCmarshandlegge.com DWG NAME: ID6296 CURVE TABLE CURVE DEL TA RADIUS ARC TANGENT CHORD CHORD BEARING 1 1631 '15" 650.00' 187.42' 94.37' 186.77' S54'10'44'E 2 095356" 625.00' 107.98' 54.13' 107.85' S572923"E 3 0637'19" 625.00' 72.23' 36.16' 72.19' S49'13'46'E 4 13'13 23" 50.00' 11.54' 5.80' 11.51, S5231 '48'E 5 54 00 29" 50.00' 47.13' 25.48' 45.4 1' S86 08'44'E 6 48 05'07" 50.00' 41.96' 22. 31' 40.74' N42 48'28'E 7 633126" 50.00' 55.44' JO.96' 52.64' N125949"W 8 74 39'49" 50.00' 65.16' 38.13' 60.64' N82 05 26 "W 9 673626" 25.00' 29.50' 16.74' 27.82' N8537'07"W 10 0230'03" 675.00' 29.46' 14.73' 29.46' N53 03 55 "W 11 08 07 25 " 675.00' 95. 70' 47. 93' 95. 62' N58 22 39 "W 12 48'1123" 25.00' 21.03' 11.18' 20.41' S51 *49'46'E 13 39'19 51 " 50.00' 34.32' 17.87' 33.65' S4724'00'E 14 53 5849" 50.00' 47.11 ' 25.47' 45.38' N85 56'40'E 15 53 56'12" 50.00' 47.07' 25.44' 45.35' N3159'09'E 16 5347'41 " 50.00' 46.94' 25.36' 45.24' N215248"W 17 7520'13" 50.00' 65.74' 38.60' 61.11' N8626'44"W 18 487123" 25. 00' 21. 03' 11.18' 20. 41 ' S79 58'51 "W NO TES.- 1. IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE AND UTILITY EASEMENT ALONG ALL RIGHTS -OF - WAY AND A 10' UTILITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: AUG. 17, 2004 1 CURVE TABLE I SHEET 3 OF 7 1 ,Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com PI,TH OF L't P. Duane Brown No. 001285 usf 2.3, 2004 L4A'D DRAWN BY: PDB DWG NAME: ID6296 SEE SHEET 6 90 f , 41 >>>9�6�2�F I LOT 88 if STAR FORT - SECTION II 15,027 SQ. FT. INSERT 54N-2-2 f DB 921 PG 610 ZONED: RP USE: RESIDENTIAL87 % 40 co 1086 \ (l ` f 20' UTILITY EASEMENT (TYP.),7 \o, \ � LLLIJJ � LOT 82 15, 002 SQ. FT. ,r'� \ �'�o / N / 4 % \ ,� �j LOT 83 �` — 85 39 `s�o ���, 'v / 15, 100 SQ. FT. j 84 81 STAR FORT N SECTION l�so0�' 12 25 \ / INSERT 54N-2-4A �c?•� > 81 5 94,00 \` 00028725 ZONED: R PNT INSTUMEUSE 3RESIDENTIAL ��� s`s�- � 6T° 6 g4"W S 11 \ 80 . 56T 133 STAR FORT - SECTION VI \ ' 135 INSERT 54N-2-6 INSTRUMENT 040011434 ZONED: RP USE. RESIDENTIAL FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 DATE: AUG. 17, 2004 1 SCALE: 1 "=60' 1 SHEET 4 OF 7 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office@marshandlegge.com ���PLTH OF• Lr �o f�. P. Duane Brown No. 001285 Av9vsf23,2o04 L4*D SUP DRAWN DRAWN BY: PDB DWG NAME: ID6296 SEE SHEET 6 / SEE SHEET 7 89 92 90 2 9 1 W�°; _ r Z88 �1� LOT 87- \ 17, 785 SQ. FT �co) T f% Rl n n 10 n�� v/ / LU 1 00 �' e �' 121 00 �n25,848 SQ. FT 20' UTILITY EASEMENT (TYP.) (2D' �s W \ ��� pp�, 20' WATER EASEMENT _ N89 3131E 3 0 is i ::::1 - - � - 176.72 53 f06 LOT 8583 22,543 SQ. FT. i LOT 84 / 20,384 SQ. FT / 20' DRAINAGE EASEMENT tip- •,, �-- \ ;,: 12S68 O° 128 550 5 56 1 S69 2 80 S6T Z FINAL PLAT OF SUBDIVISION STAR FORT SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 123 125 STAR FORT N SECTION VI INSERT 54N-2-6 131 INSTRUMENT 040011434 ZONED: RP USE.- RESIDENTIAL 1 DATE: AUG. 17, 2004 1 SCALE: 1"=60' 1 SHEET 5 OF 7 1 ,Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com tiTH OF Lr o fAG,f�, P. Duane Brown No. 001285 Aug usf 23,20� igNb SURO��o4 DRAWN BY: PDB DWG NAME: ID6296 45 HARDISON, BYRON & SELDON (REMAINDER - 24.530 ACRES) PIN 54-A-1 DB 845 PG 895, DB 845 PG 904, 44 DB 853 PG 1 ` ZONED. RP & B-2 USE: VACANT z l ��'1� S14004'32"W 36.36' z S6 o t 2 50, 7 43 fl LOT 96 �,/ � :O k L 0 T 95 10' DRAINAGE EASEMENT co �, 15, 011 SQ. FT. , 715, 001 SQ. FT.% r o, 94 ,c+cvj 20' UTILITY EASEMENT (TYP.) STAR FORT SECTION III` INSERT 54N-2-3 INSTRUMENT 020012404 0 / 9=' ZONED: RP USE. RESIDENTIAL l SENTRY ` - 7926 ? Q \ 93 f Io _ sOV R, - S - 0, rs R \� ??S /49 SAN. SEWER EASEMENT 42 . ................. 12 O M; TYP J 1`'lp ...._._..._ 15 13 W W `m LOT 89^��o,` �� \ 14 / 92 -- - - - ---- 15,547 SO. F r. LOT 90 15,105 SQ. FT. & J 1 \ 41 88 86 - 87 SEE SHEET 4 / SEE SHEET 5 FINAL PLAT OF SUBDIVISION STAR FORT ��PtiTx OF SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 Avgusf'23,2ocx� DATE: AUG. 17. 2004 FSCALE: 1 "=60' SHEET 6 OF 7 t4*D SUR j' �00 ^w4y Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL officeCmarshandlegge.com DWG NAME: ID6296 l HARDISON, BYRON & SELDON . �0o » (REMAINDER - 24.530 ACRES) S14 04 32 �, ,$A PIN 54-A-1 36.36 DB 845 PG 895, DB 845 PG 904, ro 1 DB 853 PG 1 ZONED: RP & B-2 USE: VACANT o o 96 , 6Sp, 10' DRAINAGE EASEMENT LOT 94 /� l0 15,002 SO. FT. �yQ ,... i ' l J5 r', I l#107 20' WATER EASEMENT SE N TR r' 18 �O�RT �'� LOT 93 .41���� S7555. E 50, R 16 \ 17, 101 SQ. FT. 12 LOT 92 ,h o / / \ 1 15,526 SQ. FTbi _- 20' UTILITY EASEMENT (TYP.)' _ 10' 1 20' DRAINAGE EASEMENT 90 LOT 91��, ` \ ' 15' �o HARDISON, BYRON & SELDON N] 20' SAN. SEWEREASEMENT\=',;. (REMAINDER - 24.530 ACRES) PIN 54-A-1 DB 845 PG 895, DB 845 PG 904, ' '� N�6 l DB 853 PG 1 5028 !y `h ZONED: RP & B-2 USE: VACANT 87 rb 121 � o 86 �ST4R FORT N SECTION VI / INSERT 54N-2-6 INSTRUMENT 040011434 SEE SHEET 5 ZONED: RP USE.- RESIDENTIAL FINAL PLAT OF SUBDIVISION STAR FORT OF ��PtiTx l SECTION V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 .4ugusf23 2�od l9A'D sURN S��4 DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 7 OF 7 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID6296 ® E C E V D EC 9 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT 09/01/2009 14:12 5406670370 FREDERICK COUNTY GOV PAGE 02/02 kREDVAICK CUNT l' SANITATION AUTHORITY P.O. r:Wx W77 Wbichmm VA 220►1 177 ROBERT 1', MOWERY. C.P.A.. Chairman tlwe E. "'cinArl. P.E. .1011N.S STKVEN5. Vicr-Chah-111019 Engineer-Aireclnr RICHARD A. RUC KNIAN. 11.F- Ser-treasurer .1. STAvLf. Y CROC'KETT Ph. - (;•40) 868-mm WAITER (71INNINGH01 August 26, 2009 Fax - (540) 968-1429 Mi . Richard Hardison A) Freight Delivery Service PC- Box 3436 Winchester, VA 22604 REFERENCE: Star Fort — Sections 4A, 5, 6, &7 SUBJECT: Rill of Sale Dear Mr. Hardison: F-.rr-losed for your files is a copy of the recorded Bill of Sale for the referenced project. You will be responsible for repair to these facilities for one year following the date of our acceptance. Think you for working on this project with us. Sincerely yours, Tashema L. Long/for John G. Whitacre Senior Engineer /tll Enclosure cf.- Frederick County Zoning Administrator WA'1'1";R A'1' Y01112 SERN'IC} I May 14, 2007 Mr. Richard Hardison All Freight Delivery Systems P.O. Box 2958 Winchester, VA 22604 Dear Richard: Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 This letter is to inform you that your development obligations with regards to the Star Fort Master Development Plan (MDP) will be met with the recorded dedication of the remaining 1.6 +/- acres of open space to the Battlefield Park. Please note that the $40,000 letter of credit (49531265359- 00005) for Section(s) 4A, 5, 6, and 7, will remain in place to cover work associated with the project, which includes ditch work, seeding, ponds, and E&S. Frederick County will release this letter of credit when the work on this project is complete. If you have any questions, contact me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator cc: Kris C. Tierney, Assistant County Administrator MRC/bad 107 North Kent Street, Suite 202 v Winchester, Virginia 22601-5000 July 14, 2006 Mr. Richard Hardison All Freight Delivery Systems PO Box 2834 Winchester, VA 22604 RE: Star Fort Development Dear Mr. Hardison: I am writing to follow-up on some issues that you discussed with Kris Tierney via telephone on Monday, July 10, 2006, regarding Star Fort. It appears that we are progressing with completion of the development's required roads and E&S improvements, and bonding issues could be resolved within the next few weeks. Two issues that we continue to work through is the Master Development Plan notation addressing: Open Space Dedication; and Viewshed Protection. Neither of these conditions has been satisfied. Open Space Dedication The MDP states that 8.9 acres of open space will be dedicated for long-term preservation of the Battlefield Park [see attached copy of MDP note]. The historic Battlefield Park, a.k.a. Star Fort, is, as it was when the MDP was approved, under the ownership of the Middlesex Artillery. Based on Clerk of the Courts records, ownership of these 8.9 acres of land have not been transferred to the Battlefield Park entity since the MDP was approved in 1998. Staff does recognize that in 1980 and 1981 land was transferred to Middlesex Artillery, creating the initial Star Fort preservation parcel totaling 7 acres [see attached copies of the recorded Deeds -Book 531, Pages 266-269 and Book 544, Pages 418-421]. This land transfer in 1980 was well in advance of the MDP approval, and therefore does not equate to satisfying the MDP conditions as approved by the county. The 8.9 acres must be dedicated to the Battlefield Park to conform to the MDP. Viewshed Protection Notations on the approved MDP state that the historic view shed from Star Fort would be protected via open space delineation. Such delineation may be accomplished through the recordation of a preservation easement on the property to benefit the Battlefield Park. Page 2 Mr. Richard Hardison Re: Star Fort Development July 14, 2006 This easement has not been established. Therefore, the viewshed protection condition of the approved MDP has not been satisfied. We continue to look forward to working with you to complete the project. Sincerely, Eric Lawrence Planning Director ERL/dlw Attachments: Deeds for Star Fort historic park Portion of the approved MDP pertaining to historic Star Fort cc: Chuck DeHaven, Stonewall District, Board of Supervisors Kris Tierney, Assistant County Administrator Mark Cheran, Zoning Administrator Carlin L. Smith 525 Seldon Drive Winchester, VA 22601 July 5, 2006 Richard Hardison All Freight Delivery Systems PO Box 2834 Winchester, VA 22604 RE: Star Fort Development Dear Mr. Hardison: Thank you for meeting with representatives from the Department of Public Works, Planning, and VDOT on site at your development on June 20, 2006. I believe this meeting enabled all parties to better understand our various perspectives to achieve completion of this residential project. As we discussed, I have compiled the outstanding Developer responsibilities and issues identified by the represented departments in an effort to expedite the completion of the project, which would ultimately enable the release of you, the Developer, from responsibilities for this project. Issues to be Addressed by the Developer: Planning Department • Continue maintenance of all roads until accepted into the state's secondary road system. The Developer is responsible for working with VDOT to secure VDOT approval and acceptance of the roads. • Complete the necessary installation of a landscape screen, and replace dead trees within required landscape screen. Per the approved Subdivision Design Plans for Sections 6 and 7, a landscape screen is to be installed along the northern and eastern property lines. This screen consists of 3 trees per 10 linear feet (164 Leyland Cypress and 82 Silver Maples). Many of the installed trees are dead and must be replaced. We understand that you will work with Milam's Landscape to have the trees planted and/or replaced this fall. As discussed at our site meeting, staff is also available to work with you to relocate trees which conflict with the storm water management ponds. • Historic Battlefield Park (historic Star Fort) land dedication. The Master Development Plan (approved in 1998) states that 8.9 acres of open space will be dedicated to the Battlefield Park. Court records indicate that this 8.9 acres, as indicated on the MDP, has not been dedicated to the Battlefield Park (owned by Middlesex Artillery). I would note that Middlesex Artillery does hold title to 2 Page 2 Mr. Richard Hardison Re: Star Fort Development July 5, 2006 tracts totaling 7 acres, which were transferred to Middlesex Artillery in 1980 and 1981, well in advance of the notations included on the approved MDP. The dedication of the 8.9 acres must occur in conformance with the approved MDP. • Historic Battlefield Park (historic Star Fort) viewshed protection. The Master Development Plan states that the developer will provide protection to the principle viewshed of the Historic Battlefield Park via open space delineation. The establishment of a protective viewshed easement has not occurred. Therefore, this viewshed element of the MDP has not been satisfied. • Public Access to Historic Star Fort. The Master Development Plan states that the developer will provide public access to a parking area for historic Star Fort. This access has not been dedicated. Public Works Department • Erosion and Sedimentation stabilization of Storm Water Management ponds and conveyance ditches along roads and through yard areas continue to warrant attention. The SWM facilities lack adequate vegetation, and conveyance ditches throughout the project continue to be washed out following rain storms. Virginia Department of Transportation (detailed list dated June 22, 2006 is attached) In order to receive maintenance by the Virginia Department of Transportation, various improvements will be required for the roads within this project. Please contact VDOT for clarification. • Section 5. The two roads ( Sentry Court and Caliber Court ) will require an asphalt overlay as the existing road surface has been severely damaged by construction equipment and utility installations. • Section 6 and 7. Fortress Drive and Blackpowder Court have not been accepted into the state's secondary roads maintenance system. Until the houses are constructed on these roads, the developer will be responsible for the road's maintenance. As we have experienced in Section 5, great effort should be exercised during home construction so as to not damage the existing road surface. During our site meeting on June 20, 2006, these roads had endured damaged from heavy construction equipment. Release from Developer's Responsibility As you are aware, the Developer is held responsible for the completion of all improvements identified on the project's Master Development Plan and the associated Page 2 Mr. Richard Hardison Re: Star Fort Development July 5, 2006 Subdivision Design Plans. These unresolved elements are addressed above. The county will maintain the monetary guarantee ("bond") until all improvements are satisfactorily completed. In order for the County to release the Developer from road improvement and maintenance responsibilities for each Section of the development, it will be necessary to confirm that an appropriate guarantee has been established with VDOT for the associated road sections. Thereafter, when VDOT has accepted the road into the state's secondary road system, and a 1-year maintenance bond has been established with VDOT, the County will be able to release the Developer from the road responsibilities. As for monetary guarantees, the County presently maintains two monetary guarantees for this project: $25,000 for improvements in Star Fort; and $168,000 for E&S for Sections 4A, 5, 6 and 7. Neither bond will be released until the improvements associated with each section are completed. Section 4A improvements will be deemed completed once VDOT confirms that the road side ditches are stabilized, and FCSA confirms that the improvements associated with the pump station are adequate. The bond for Sections 5, 6 and 7 will be held until the associated improvements as identified on the approved subdivision design plan area completed. Again, thank you for meeting with us to discuss the outstanding issues on this project. We look forward to working with you to complete the project. Sincerely, Eric Lawrence Planning Director ERL/dlw Attachment: June 22, 2006 e-mail from VDOT to Hardison cc: Chuck DeHaven, Stonewall District, Board of Supervisors Kris Tierney, Assistant County Administrator Lloyd Ingram, Virginia Department of Transportation Joe Wilder, Deputy Director of Public Works Mark Cheran, Zoning Administrator Carlin L. Smith 525 Seldon Drive Winchester, VA 22601 •, I 'R OR v e , ,. � .• + � ;ram }�� A y , IMF M� 4•...� J� / W \ C 0 SAS `t; ,� _l'' 'k '� � " F. ! E �.. �4 � � skA' �'w�'a�s- �..; �'.• .9T A a•�, � �r � `- ``. •a� a z a c � f Y � .�y � 'w , 'yam a�.,+�► w �t_,. / � '�^ Rt.;b .�„ ' ;�.� �•;",r Mom- "`.-'.. ++..h• �`'"�-.. �;_ �s Aw , Sda dt N 4 Y ,C ' 050024658 s THIS DEED OF DEDICATION made and dated this 14`h day of September, 2005 by and between SELDON, INC., a Virginia corporation; RICHARD G. HARDISON, INC., Virginia corporation, and RICHARD and BYRON, 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 August 17, 2004, known as Star Fort, Section VII, described on the Final Master Development Plan of , Star Fort, Section VII, 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 Blackpowder Court, which is hereby dedicated to the public; and, WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half (1/2) 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 (1/4) 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 Byron, Inc., a Virginia Corporation, is the owner of one -forth (1/4) 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 VII. 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 VII, and the Declarants may apply different restrictive covenants to other sections of the subdivision. 0 0 0 N 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 VII, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, known as Fortress Drive and Blackpower Court together with all drainage easements, and more particularly described by a aforesaid plat of P. Duane Brown, Land Surveyor, dated August 17, 2004, 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 VII, 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 & Byron, 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 of developed lots to assist in funding the operation and maintenance of Star Fort, located adjacent Page 2 CD C3 CD 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 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 Member shall hold the interest required for membership in Article II. When more than one Page 3 0 CD 0 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 I ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR TIME ASSOCIATION Section 1. Assessments: The Declarants, for each Lot owned within Star Fort, Section VII, hereby covenant, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant 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"). Page 5 0 co 0 Cn 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. 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 funds 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. Page 6 C: G7. .J (e) The operating entity may expend any funds provided hereunder for any purpose 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. ®uorum 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 Page 7 CD 0 0 the property, and interest, costs and reasonable attorney's fees on any such action shah added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any. Lot, which is subject to any mortgage 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 VII, shall be subject 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 VII, 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 for sanitary sewer easement (s), water line easement (s), detention pond easement (s), and drainage easement (s), as shown on the plat drawn by P. Duane Brown, Land Surveyor, dated January 15, 2004, of record in the Frederick County Department of Planning and Development, as amended from time to time, subject to Section 3 of this Article VII 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 Page 9 CD 0 Lot, 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 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. Section 5. Zoning District Buffer: Declarants herewith declare a zoning district buffer as shown on the aforesaid plat drawn by P. Duane Brown, L.S., dated August 17, 2004, attached hereto, and which plat shows a 50-foot zoning district buffer along the rear of Lots 98, 100, 102, 103, 105, 107, 108, 109, 110, 112, 114, 116, 118, and 120. 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 Page 10 0 c� 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 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 VII. 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. the WITNESS the following signatures and seals: 6Y A IV r •�,; rt L T/, SELDOM, INC. CARLIN L. SMIT , President `'���°,..,,„,.•��°`' RICHARD G. HARDISON, INC. B y(ii RICHARD G. HARDISON, President' , ,''`• -' Lty' Irk Page 1.1 + ' ' a.. J •� J 0 0 RICE & BYRON, INC) _ ry BY: BUV B IL , Pr i ent r' P.t.tii, r. 'Ho u: STATE OF VIRGINIA �•,,,,,������, ;; CITY OF WINCHESTER, TO -WIT: I, �c.Q . a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that CAR.LIN L. SMITH, President of SEI-DON, INC., and whose name is signed to the foregoing Deed of Dedication, dated September 14, 2005, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 14" day of September, 2005. My Commission Expires NOTARY PUBLIC STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby 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 September 14, 2005, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 14`h day of September, 2005. My Commission ExpiresS� '�- 3 p , a 01 10301-VII \AADEED of Dedication Page 12 NOTARY PUBLIC CD O EXHIBIT A w Use Common Restrictions and Covenants Applicable to Star Fort, Section VII 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 story 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 of roof pitch of 5/12. 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 sigh 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 dying 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 animals, 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 shall provide in connection therewith, off-street parking space of at least twelve feet (12') by 2 CD 0 Cn 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 fo 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 clear 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, SHALT, 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 placed or constructed on any Lot hereby dedicated unless or until plans and description 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 place for a period of five (5) years after completion of construction. 3 0.. O Cn (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 surrounds 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, 2005. The Declarants shall be solely empowered to fill, by further appointment, any term which shall become vacant prior to December 31, 2005. (c) Those persons owning Lots hereby dedicated in Star Fort, Section IV -A in the year 2004 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 non -exercise of the powers accorded them. Likewise, a Lot Owner shall not be liable to any person for any exercise of non -exercise 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. (1) 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 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 co co damages caused by violation of any restriction. Declarant's right of enforcemeR"hall 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-VI \ AAEXHIBIT A-wpd 5 a -v Stines / cl-peli ill''s 40rq r SiVicinity Mai 1�1'I yf�"-'';. / o'���)�,�� II I 1') Scale: I 20 APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE f FREDERICK COUNTY SANITATION AUTHORIT_Y��DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATO DATE,,R—/ Oc-� OWNER'S CERTIFICATE The above and foregoing subdivision of the land of RICHARD G. HARDISON, INC., RICHARD & BYRON, INC. AND SELDON, INC., as appears in the accompanying plats, is with the free consent and in accordance with the desires of the p rsigned.­jwners, proprietors, and trustees, if any. RICHARD G. HARDISON, INC. RICHARD k" RON, INC. SELDON, INC. NOTARY PUBLIC "Li. a Notary Public in and for the State of Virginia, at large, do certify that —whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my State. Given under my hand this day of 2004. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the property contained in .this subdivision is a portion of the property that was conveyed to RICHARD 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 853 at Page 1, respectively. P. DUANE BROWN, L.S. FINAL PLAT OF SUBDIVISION H OF STAR FORT C, SECTION VII STONEWALL MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA No. 001285 August DATE: AUG. 17, 2004 COVER SHEET I SHEET 1 OF 8 I9ND S U F"4,0 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID6297 54 55 ' { f/ 57 STAR FORT - SECTION III INSERT 54N-2-3 INSTRUMENT 020012404 )NED: RP USE. RESIDENTIAL ' 4 43 r'1 96 SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 ZONED: M-2 USE' INDUSTRIAL 98 ,• � 100 102, 103 , 105 FORTR£ss ' /\ 107 97 99 105 108 101 - � 104 owoEa 109 O�GKP r 34 � � 111 110 \• SHFFT IA1nFX LOTS SHEET 97-102 4 103-106, 111 5 107-110, 112 6 IIJ, 115, 117, 119 7 [114, 116, 118, 120 8 cCUr�r J 13 112 42 PROPOSED STAR .)PORT ^ SECTION V - - i 89 l 92 9t1 115 , 114 /l 41 / \91 117 �� 116 88 \ 87. `'-- 119 118 ` SHOCKEY BROTHERS, INC. le � PIN 54-A-14 121 120 \ DB 748 PG 688 C,J�T `` • w ZONED: M-2 USE. INDUSTRIAL 82 123 -� c 122 �! 83 85 24 At, � k 84 125 �� �\ STAR FORT - SECTION V/ INSERT 54N-2-6 pn INSTRUMENT 040011434 t31 ZONED: RP USE' RESIDENTIAL AREA SUMMARY MINIMUM SETBACK REQUIREMENTS: AREA IN LOTS 9.1690 ACRES FRONT 35' AREA IN R/W 1.3549 ACRES REAR 25' TOTAL AREA SUBDIVIDED 10.5239 ACRES SIDE 10' NUMBER OF L 0 TS 24 A VERAGE LOT SIZE 16,642 SF EXISTING ZONING.- RP SMALLEST LOT SIZE 15,000 SF PROPOSED USE.- SINGLE FAMILY DETACHED TRADITIONAL PIN 54-A-1 RESIDUAL, AREA 14.006 ACRES FINAL PLAT OF SUBDIVISION STAR FORT SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 200 0 200 DATE: AUG. 17, 2004 KEY MAP : 1 "=200' SHEET 2 OF 8 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL officeCmarshandlegge.com H O.F- P. Duane Brown No. 001285 AvguSf 23,200¢ 4 9ND SUP114 DRAWN BY: PDB DWG NAME: ID6297 0 CZ) fV C3 \ SHOCKEY BROTHERS, INC. N 54-A-14 DB/ 748 PG 688 ZONED: M-2 USE' INDUSTRIAL M 50' DRAINAGE EASEMENT o j 9°A�, z 19 57 �t ? .,2S q <90 CT/V °' v LOT 98 r d. 16,983 SQ. FT. LOT 100 + o00 116,284 SO. FT./o� I th. CIS OT 102 / O W J �.305 / h/ 115,000 SQ. FT. l� p _--rz J ----_ EX. TEMP. TURN -AROUND ESM T ,' h 2 6 _rr' l` (INSTRUMENT 020012404) /� ,� O O z2�s+ \ \°) 11-iHEREBY VACATED /�/ 103 DIVV 00, ko o 6 45 0 0+ 20' WATER EASEMENT -r' 01 j� / -LOT p 97 i �5 6i 15, 473 SO. FT INQj LOT 99 /h0/ 20 UTILITY EASEMENT 15,001 SQ. FT. lni, ��l LOT 101 .� 6°"''. ! ?S•e / / 15,025 SO. FT.96 ij .h`�/'� � 104 /-- 20' DRAINAGE EASEMENT 95 10 DRAINAGE EASEMENT'` 94 PROPOSED ST4R FORT - SECTION V 93 FINAL PLAT OF SUBDIVISION STAR FORT 10yTR SECTION VIISTONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIAP. Dua60 0 60 No. DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 4 OF 8 ND Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegee.com DWG NAME: ID6297 0 CO N SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 l ZONED: M-2 USE' INDUSTRIAL � 8 0 '�?SIOV, `Sp2' 50' DRAINAGE EASEMENT 100 / /T.... / / � ', .'` ..: �; ACT '`�FR • z ,o l of O / h, JT�: ,\y / c� LOT 1 ,4 :. � 03 l / / / 16, 390 SQ. FT./no (V ; / f Oi O \ "Cb�� LOT 105 `� \ l J / � rho• �;�'�;; ���;.�. W FO \ l \ �" / ' / 19,681 SQ. FT. i RTR'�� W 107 \ \� '2�9�92\ LOT 106 \ 20' DRAINAGE EASEMENT'--, 15, 023 SO. FT. \ \ ,� SLOPE AND, r 19 /\ 17 DRAINAGE EA SEMENT 4 �� W �A. c"V Clot LO /�ti�� � � � � �P06 AS �W05 28�E , W T 104 15,951 SQ. F 15 rj 16 :yam �d r 55 5 9Q 1 9 14 w,. LOT 111 I 110 17, 302 SQ. FT. � � � 13 93 20' UTILITY EASEMENT (TYP.)cn _ 5 J_SSfi3558 PROPOSED '` ��. 204.36'-- STAR FORT 20' WATER EASEMENT +— SECTION V 20' DRAINAGE EASEMENT 10 �: 13 112 SEE SHEET 7I I I I FINAL PLAT OF SUBDIVISION STAR FORT,I,TH OF y j� SECTION VII �r `.STONEWALL MAGISTERIAL DISTRICT F REDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 Au9us�.2.3�2004 DATE: AUG. 17, 2004T SCALE: 1 "=60' SHEET 5 OF 8 lgND suRv���4 Marsh & Legge Land Surveyors, P.L.C. ..,..; 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID6297 llo JUL) 1 ✓ G 1 rr —e`N7�� t` �°, 0, , SHOCKEY BROTHERS, INC. w 5 - 11312'_ _ _ ¢1 " h " �' ` PIN 54-A-14 r� OB 748 PG 688 ZONED., M-2 USE' INDUSTRIAL c/) 12 LOT 112 ry ' l 1 18,676 SO. FT. It O 1� ��• 11 / 192. 6,i; ' � :;; ` ., 20' DRAINAGE EASEMENT �4` �'�', �s L20' UTILITY EASEMENT i ) SEE SHEET 8 DETENTION POND EASEMENT FINAL PLAT OF SUBDIVISION STAR FORT ED SECTION VII % STONEWALL MAGISTERIAL DISTRICT v�FREDERICK COUNTY, VIRGINIAwn60 0 60 4DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 6 OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET � WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID6297 101 SEE SHEET 5 , / 4 104 T 20' UTILITY EASEMENT TYP. M 0' so, ,. / 14 o , W \ 20' WATER EASEMENT i13 N86 35'58"E 93 �.'.%: .'.:� a� 2Q4..3_6'-- \ -_. W 20' DRAINAGE EASEMENT PROPOSED N' ; <,; ,:;:` LOT 113 to 12 STAR FORT N :: ' ':: � 15,800 SO. FT. SECTION V 92 LOT 115 v;>`n114 15,139 SO. FT. DRAINAGE EASEMENT ,mow 10' : !ti LOT 117 116 \ 15,131 SQ. FT. T j` LOT 119 15,035 SO. FT. T / �� 718 DRAINAGE EASEMENT O �Q 86 SAN. SEWER EASEMENT 2S00 ? 121 `-- STAR FORT - SECTION VI INSERT 54N-2-6 INSTRUMENT 040011434 ZONED: RP USE. RESIDENTIAL 123 FINAL PLAT OF SUBDIVISION STAR FORT SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 i 00/ 720 DATE: AUG. 17, 2004_1 SCALE: 1 "=60' SHEET 7 OF 8 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 122 CQ N �;10VPLTHOFLr U l: tYGtQ�wt+�oGt,�9 P. Duane Brown No. 001285 �lugusf z3,.2ov4 Z4ND SURD -i'3: DRAWN BY: PDB DING NAME: ID6297 ISEE SHEET 6 110 20' UTILITY EASEMENT (TYP.) �� _ / ,•:: i 20 DRAINAGE EASEMENT 173 z r LOT 1141•:,:..; 16,556 SO. FT. 775 20' DRAINAGE EASEMENT , / 3 CIS / LOT 116177 , / 4 r 15,002 SO. FT 4' /o LOT 118 ' 719 15,002 SQ. FT. � ;;` SJ• LOT 120 `7b.._ DETENTION POND EASEMENT 15,002 SQ. FT.j9t tY)r RidNl�lh r,Ar �r,r Yu 10' DRAINAGE EASEMENT ^ca STAR FORT - SECTION VI INSERT 54N-2-6 122 INSTRUMENT 040011434 ZONED:. RP USE' RESIDENTIAL 124 FINAL PLAT OF SUBDIVISION STAR FORT SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 il,% at 'J r . ' 0,1i - SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 ZONED. M-2 USE- INDUSTRIAL DATE: AUG. 17, 2004 SCALE: 1 "=60' I SHEET 8 OF 8 I H OF` •�o �f P. Duane Brown No. 001285 Augv-- ,20,2004 LgND SURD 11 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: PD8 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID6297 VIRGINLA: FREDERICKOOUNTY, SCT. This instrument of writing was produoed to me on at 91 1.2 A', 2 and with certificate of acknowledgement thereto annexk . was admitted to record. T i*nposed by Sec: 58.1-802 o' � , and 58.1-801 have been paid, if assessable ea4rA;f , C7ealc S r:P �` _.... . C? C7 N O"N Given under my hand this day of 2004. My commission expires `� -- '��' , c3.U01 _� SURVEYOR'S CERTIFICATE 54 STAR FORT - SECTION III INSERT 54N-2-3 -_____ INSTRUMENT 020012404 )NED: RP USE: RESIDENTIAL 4 sz i SS�,rrr r tfti _( 42 PROPOSED STAR FOR: -------------- 90 t ¢t r; Jt II 1 t "el rrr l •.,�„ 82 f \` 85 84 SHOCKEY BROWS, —I SPIN 54-A-14 �B 48 PG 588 ZONED: M-2 USE.- INDUSTRIAL SHEET INDEX LOTS SHEET 97-102 4 103-106, Ill 5 107-110, 112 6 113,115,117,119 7 114, 116, 118, 120 8 98 i 100 / / 1021 / I03 / ' 105 F°RrReS / � 107 , S \ \ , 97/, 99 106 108 //101, Gc0R"c / 104 �Qowo�R 109 111 110 \ ;.z _ 113 112 SECTION V ' - \ 92 115 kl 114 9i 117 �� 716\\ 179 `� 118 ` 36, 12, 1 120 131 '70I AREA SUMMARY AREA IN L 0 TS AREA IN R/W TOTAL AREA SUBDIVIDED NUMBER OF L 0 TS A VERAGE L 0 T SIZE SMALLEST LOT SIZE PIN 54-A-1 RESIDUAL AREA 12.5 � ru #.. � 124 9",9R FORT ti SECTION VI INSERT 54N-2-6 INSTRUMENT 040011434 1ED. RP USE: RESIDENTIAL SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 ZONED: M-2 USE: INDUSTRIAL MINIMUM SETBACK REQUIREMENTS: 9.1690 ACRES FRONT 35' 1.3549 ACRES REAR 25' 10.5239 ACRES SIDE 10' 24 16,642 SF EXISTING ZONING: RP 15,000 SF PROPOSED USE.- SINGLE FAMILY DETACHED TRADITIONAL 14.006 ACRES FINAL PLAT OF SUBDIVISION STAR FORT SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 200 0 200 DATE: AUG. 17, 2004 FKEY MAP : 1 "=200' SHEET 2 OF 8 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL officeCmarshandlegge.com H OF P. Duane Brown No. 001285 A lug u sf .23, .2oo4 C4A, SURvo�()4 DRAWN BY: PDB DWG NAME: ID6297 CURVE TABLE CURVE DEL TA RADIUS ARC TANGENT CHORD CHORD BEARING 1 05"43'15" 250.00' 24.96' 12.49' 24.95' S7659'53'E 2 05'43'15" 300.00' 29.95' 14.99' 29.94' N765953"W 3 05 27'23" 275.00' 26.19' 1310' 26.18' S712434 E 4 46 26 20" 275.00' 222.89' 117 98' 216.84' S45 2742'E 5 42 35 20 " 275.00' 204.4 1' 107.19' 199.74' S00 5652 E 6 11'10'39" 250.00' 48.77' 24.46' 48.69' S7476'11'E 7 0126'13" 250.00' 6.27' 314' 6.27' S675746'E 8 31 '00'26 " 250.00' 135.29' 69.35' 133.65' S51 '44 26 E 9 32 50'11 " 250.00' 14J28' 73.67' 141.32' S1949'07'E 10 23'44'50" 250.00' 10362' 52.56' 102.88' S082823"W 11 08'1829" 300.00' 43.50' 21.79' 43.46' N16'11'33'E 12 13'4858" 300.00' 72.34' 36.35' 72.17' N05 07'50'EE 13 10 08'49 " 300. 00' 53.13' 26. 63' 53. 06' N06 51 '04 "W 14 79'40'57" 35.00' 48.68' 29.20' 44.85' N2755'00'E 15 48'11 '23" 25.00', 21.03' 11.18' 20.41 ' S88108'51 E 16 7343'49" 50.00' 64.34' 37.49' 59.99' N79 04 57'E 17 54'16'33" 50.00' 47.36' 25.63' 45.61' N15'04'46'E 18 5445'02" 50.00' 47.78' 25.89' 45.98' N3926'02"W 19 5444'30" 50.00' 47.77' 25.89' 45.97' S85'49'13"W 20 38 5253" 50.00' 33.93' 17.65' 33.28' S39'00'31 "W 21 48'1123" 25.00' 21.03' 11.18' 20.41' S4339'47"W 22 79'40'57" 35. 00' 48.68' 29.20' 44.85' N72 24'04 "W 23 1530'40" 300.00' 81.22' 40.86' 80.97' N40'1856"W 24 13 4858" 300.00' 72.34' 36.35' 72.17' N54 58'45 "W 25 06747'38" 300.00' 35.57' 17.81' 35.55' N65'17'03"W 26 11 *1039" 300.00' 58.52' 29.36' 58.43' N74*16'11 "W NOTES: 1. IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE AND UTILITY EASEMENT ALONG ALL RIGHTS -OF -WAY AND A 10' UTILITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES FINAL PLAT OF SUBDIVISION STAR FORT SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: AUG. 17, 2004 1 CURVE TABLE I SHEET 3 OF 8 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 LTH OF 0 P. Duane Brown No. 001285 Augu5f 23,2oo4 SUR14Si o4 DRAWN BY: PDB DWG NAME: ID6297 ! SHOCKEY B RS INC. P 54-A-14 7 688 ZONED. M 2 USE: INDUSTRIAL I M DRAINAGE EASEMENT o I i �052" LJ (?S00N/rV �� z \ NgCTjy STi�j t � F re � 57 o cot LOT 98 16, 983 SQ. FT LOT 100 1 16, 284 SO. FT I h� l �� �SpS \ / /115,000 SQ. FT,o� o _rz _ -- 6 1 1- EX. TEMP. TURN -AROUND ESM'T�,,�? t (INSTRUMENT 020012404) lb 2703 b o 22�s \ \p jHEREBY VACATED��/ FOR ' ' \30g Or 45 o �' 20' WATER EASEMENT -'y \ 6 8 \ �56 \ 369 5, 473 SQ. Teti, � (` W /^cV cci�°` f 9 �o �o� h0; 20' UTILITY EASEMENT (TYP.)r 001 s T. f,l'`�'J LOT 101 /';i co 96 1� ¢60 L zs , 025 FT. tiIN, X, 104 � c� 8 p5,p 6 ��--20' DRAINAGE EASEMENT O,,:.; �..., 95 10' DRAINAGE EASEMENT T 94 PROPOSED STAR FORT - SECTION V 93 \ , FINAL PLAT OF SUBDIVISION STAR FORTD SECTION VIISTONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIA P. Du60 0 60 No.DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 4 OF 8 t9'1'D Marsh & Legge Land Surveyors, P.L.C. ?, 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID6297 SHOCKEY BINC. -. PIN 4-A- DB 748 PG 688 ZONED: M-2 USE. INDUSTRIAL M See o �fo 2o� Z �2' DRAINAGE EASEMENT 700 :. �N9�'T°j ACT :. L 702 LOT 103 f i 16,390 SQ. FT4% ;0 0 , Oo, i l f ��i LOT 105 /o�^-),' I 19,681 SQ. FT Ix 107 yxw �x/ 106 20' DRAINAGE EASEMENT 5, 023 Q. FT. ) _.' SLOPE ANDf 19 / 17' — DRAINAGE EASEMENT 10121 2 31.6 22LCJ LLJ LOT 104 k.. R ;; :.: ; 15, 931 SQ. FT. r 0 15 . ��• 14 LOT l l l` \ 17,302��EASEMENT . FT. 110 13 93 Ff (TYP.) ,5 rz �. �.'.T „ - �` 35 58 w PROPOSED �_°� 204.36' - N �::.:; ,.: STAR FORT 20' WATER EASEMENT SECTION V `°`.''':: 20' DRAINAGE EASEMENT 10 12 12 773 SEE SHEET 71 FINAL PLAT OF SUBDIVISION STAR FORT SECTION OF SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 ft vg us f 23,2ao� DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 5 OF 8 L9A'D suRv��o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL off ice@marshandlegge.com DWG NAME: ID6297 0 0 0 0 z w F- r- N z I_ 5061s zi w SHOCKEY BROTHERS, INC. w 113.12' _ _ _� lv o ti ,' �� PIN 54-A-14 _. Z4S, g j� `'� DB 748 PG 688 - I ` I ZONED. M-2 USE.- INDUSTRIAL FINAL PLAT OF SUBDIVISION STAR FORT ��LTH Op SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 -Avgvsf 23,,2oo¢ DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 6 OF 8 44*D SUR'0� Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: PDB PHONE 540 667-0468 - FAX 540 667-0469 EMAIL office®marshandlegge.com DWG NAME: ID6297 r 107 SEE SHEET 5 , / 4 704 20' UTILITY EASEMENT (TYP.) 14 W a 20' WATER EASEMENT 13 \Ln co \ W z CD \ ,: \ o N8635'58"E �.--- 93 20' DRAINAGE EASEMENT 51 �' 12 JAT PROPOSED N' \ \ 113 to STAR FORT \ \ 6, 800 0. FT I t SECTION V I \ \ I cb � � �' 1LOT 115���? .� 1 1 4 92� t 15,139 FT. ` DRAINAGE EASEMENT O 10' � ' ��� T 117J 7 �d `r' 1 1 6 h / 5,131 0. FT �� �gWTI / ;\ /i 4 /r' � � N z�ryp N; O O h \�\` 91 C�/ q p8 r 119~ 15, 035 S FT 78 I �. RAINAGE EASEMENT 1 5 / 86 1 SAN. SEWER EASEMENT,.�s N�Oo p i 121 3IYp 2spp' 120 56 f � I ' -----STAR FORT N SECTION VI r INSERT 54N-2-6 INSTRUMENT 040011434 f 123 ZONED: RP USE: RESIDENTIAL 122 FINAL PLAT OF SUBDIVISION STAR FORT ���tiTH of �r�� SECTION VII f� STONEWALL MAGISTERIAL DISTRICT U>,A�ccu,,,alro�v�, FREDERICK COUNTY, VIRGINIA P. Duane Brown 60 0 60 No. 001285 Augusf �23,200¢ DATE: AUG. 17, 2004 SCALE: 1 "=60' SHEET 7 OF 8 �9A'o SUR14S-o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: RDB PHONE (540) 667-0468 - FAX (540) 667-0469 s DWG NAME: ID6297 EMAIL office@marshandlegge.com STAR TORT N SECTION VI INSERT 54N-2-6 122 INSTRUMENT 040011434 ZONED: RP USE.- RESIDENTIAL 124 FINAL PLAT OF SUBDIVISION STAR FORT SECTION VII STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 60 0 60 SHOCKEY BROTHERS, INC. PIN 54-A-14 OB 748 PG 688 ZONED: M-2 USE.- INDUSTRIAL DATE: AUG. 17, 2004 1 SCALE: 1 "=60' I SHEET 8 OF 8 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office@marshandlegge.com p,I,TH OF o �f� P. Duane Brown No. 001285 .4ususf23,2o0¢ LgND SUR���O¢ DRAWN BY: PDB DWG NAME: ID6297 _.W F REP "RICK COUNT,' « - - I.� SANITATION A 6THORITY P.O. Box 1877 DEC LUIJb �a�xw Winchester, VA 22604-8377 FZOKI{R1' R MOWERY, C.P.A., Chairman Wellington 11—Iones, RE- JOHN STEVENS, Vice-chairman /argineer-Director itl('IIARD A. RUCKNIAN, P.E., .Sec -treasurer .ZANIEST. ANDERSI)N Ph. - (540) 868-1061 DARWIN S. BRADEN Fax - (540) 868-1429 November 30, 2006 Mr. Richard Hardison All Freight Delivery Service P.O. Box 2834 Winchester VA 22604 REFERENCE: Star Fort Section 5 Lots 82 through 96 SUBJECT: Bill of Sale Dear Mr. Hardison: Enclosed for your files is a copy of the recorded Bill of Sale for the above -noted project. The Authority now owns the newly installed water and sewer facilities and appurtenances. Your one-year warranty period began on the date we signed the document. Respectfully, John G. Whitacre Senior Engineer /ths Enclosure cf: Frederick County Zoning Administrator NVVI'FR XI' Y 0 1 J R SF14VICF. W 060022 %244 Ica BILL OF SALE KNOW ALL MEN BY THESE PRESENT: That on the G day of 2006, SELDON, INC., RICHARD G. HARDISON, INC., AND RICHARD & YON, Inc.,(the "Developer"), in consideration of the covenants and agreements performed by the riy ro n Grantee herein set forth in the agreement between the Developer and the Grantee dated the I V" day of November 2003, does hereby grant, bargain, sell, convey, and setover unto the Frederick County Sanitation Authority, [a Virginia corporation organized and existing under the provisions of the Virginia Water and Waste Authorities Act (Sect. 15.2-5100, et. seq., Code of Virginia, 1950, as amended)], (the "Grantee"), all of its right, title and interest in and to those certain water and sewer facilities and appurtenances thereto installed as shown and described on plats recorded in the Clerk's Office, and in accordance with plans titled Star Fort — Section 5 (lots 82 through 96) on file in the office of the Grantee. The Grantee joins in the execution of this instrument to evidence its acceptance of the ownership. SELDON, INC. Carlin L. Smith, President RICHARD G. HARDISON, INC. Richard G. Hardison STATE OF VIRGINIA, AT LARGE Cu .J� of �.. �,�., �� — , To wit: The foregoing instrument was acknowledged before me this to day of {M.1'yN NhV • , 2006, by Carlin L. Smith as President of SELDQN,,NC.. QG b My Commission expires 3u (Notary Public) FREDERICK COUNTY SANITATION AUTHORITY Robert P. Mowery, airman Richard A. Ruckman, Secretary/Treasurer i C w %JD C-3 I STATE OF VIRGINIA, AT LARGE, COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this . day of 2006, by Robert P. Mowery, as Chairman of the Frederick County Sanitation Authority, a Virginia Corporation, on behalf of the corporation. My commission expires 2010. i1�7��ZC/✓ Y �y�� Notary Public /i{1^�"+ii'�:1'i'TT°'• if•rl'^TJ,dT`I.BCT. 1'1�is instrument i lodi-l""c(l tome on n1 tilereto annexed tt.'j try rerun!. TZIX iiuby Sec. 58.1-8020f $__jAk_ , and 58.1-801 have bccn paid, if assessable. &e4 /) , Clerk Star Fort Subdivision - One Year Follow -Up Inspections Page 1 of 2 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Thursday, June 22, 2006 12:16 PM To:'rhardison@allfreightdelivery.com' Cc: 'Mark Cheran (mcheran@co.frederick.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 VDOT's satisfaction. Star Fort Subdivision, Section III Fortress Drive, Route 1376 . At #143, there is a small hole at the edge of pavement, about 1'x2'. Salvo Circle, Route 1393 . At #101, edge cracking of the pavement for about 12'. . At #102, the large patch about 23' 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 6/23/2006 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 in two 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) 6/23/2006 At r ,..to d 6 --\ Branch Banking & Trust Company 115 North Cameron Street Winchester, Virginia 22601 �N I ,00 Irrevocable Letter of Credit #9531265359-00005 Maker: Star Fort Joint Venture Beneficiary: Treasurer, Frederick County, Virginia Attachment "A" This bond shall be in effect for a period of one (1) year from the date hereof and shall automatically renew for additional terms of one (1) year from the present or future expiration date, unless and until Branch Banking and Trust Company shall give sixty (60) days prior written notice to the County, by certified mail, return receipt requested, of its intent to terminate same at the expiration of the sixty (60) day period. This bond shall also be terminated upon the Subdivision Administrator (or Designee) giving written release stating that Star Fort Joint Venture has well and truly performed and fulfilled the obligations of the agreement. If Principal fails to complete its obligation, the County shall notify the Principal and Surety. If such obligations are not completed by the Principal or Surety or their agents within 15 days after date of notification by the County, the Surety shall pay the full amount or the bond, or such lesser amount as may be demanded by the County, to the County, within 30 days of the date of initial notification referenced above. The amount payable may include administrative or other cost. Payment by the Surety shall not be conditional on suit by the County. The drawing will be held by the County for the sole purpose of providing the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Subdivisions Administrator or the Authorized Representative. This bond shall be terminate upon the Subdivision Administrator or their authorized representative giving written release to Star For Joint Venture stating that they have satisfactorily performed and fulfilled the obligations and requirements of the approved site or subdivision plan. BRP"CH BANKING AND TRUST COMPANY WINCHESTER - MAIN, 115 N CAMERON ST, WINCHESTER, VA 22601-4729 . - 540-665-4200 CONTACT NAME: RICHARD REEDY LETTER OF CREDIT NO. 9531265359 00005 IRREVOCABLE STANDBY LETTER OF CREDIT DATE 04/28/2003 ADVISING BANK APPLICANT STAR FORT JOINT VENTURE 142 Musket Drive WINCHESTER, VA 22602-0000 BENEFICIARY AMOUNT $248,225.00 Frederick County, Virginia 107 North Kent Street EXPIRY DATE WINCHESTER, VA 22601-0000 04/28/2004 'FOR PRESENTATION NT RSI GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY YOUR DRAFT(S) Sight DRAWN ON: "BRANCH BANKING & TRUST CO." DRAFTISI MUST BE MARKED -"DRAWN UNDER BRANCH BANKING AND TRUST COMPANY CREDIT NO. 9531265359 0000, bonding Star Fort Subdivi Sections 4A, 5, 6 and 7 for Erosion & Sediment Control under Frederick County Code, Chapt WHICH MUST BE ACCOMPANIED BY THIS LETTER AND THE FOLLOWING DOCUMENTATION: See Attachment "A". This letter of credit is deemed to be automatically extended without amendment for one year from the expiration date or any future expiration date, unless 60 days prior to such expiration date, we notify you by registered or certified mail that this letter of credit will not be renewed for any such additional period. If you receive written notice from us that we have elected not to renew this Standby Letter of Credit, you may draw the full available amount hereunder not more than 15 days prior to the current expiration date by presenting your draft together with the original Standby Letter of Credit and your statement purportedly signed by an authorized officer that you are drawing on the Letter of Credit because you were notified by us that we did not intend to extend and renew this Standby Letter of Credit and that STAR FORT JOINT VENTURE has not furnished a replacement Letter of Credit satisfactory to you. SPECIAL INSTRUCTIONS THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. WE HEREBY ENGAGE WITH BENEFICIARY THAT DRAFTS PRESENTED IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION AT OUR COUNTERS AND THAT DRAFTS ACCEPTED WITHIN THE TERMS OF THIS CREDIT WILL BE DULY HONORED AT MATURITY. VERY TRULY YOURS BRANCH BANKING AND TRUST COMPANY A ORI S GNATU E ion �r ACCOUNT#I _,,, „�pro; Page 1 of 2 ii� Branch Banking &Trust Co. of Virginia Small Business Banking 115 North Cameron St. Winchester, VA 22601 Exhibit A to the Application and Agreement for Irrevocable Standby Letter of Credit dated December 17, 2003 IRREVOCABLE LETTER OF CREDIT BAN%AGREEMENT BENEFICIARY: Treasurer, County of Frederick 107 N. Kent Street Winchester, VA 22601 DATE OF ISSUE: December 17, 2003 EXPIRATION DATE: December 17, 2004 ISSUING BANK ABA NO: 051404260 AMOUNT: $25,000.00 ISSUING BANK: BB&T ADDRESS: 115 N. Cameron Street Winchester, VA 22601 We hereby issue our Irrevocable Letter of Credit No. 9531265359-00007 in favor of the Treasurer, County of Frederick, Virginia, for the account of Star Fort Joint Venture, its agents, successors or assigns for a sum not exceeding Twenty five thousand U.S. dollars ($25,000.00) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative, stating that Star Fort Joint Venture has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on Star Fort, the approved subdivision or site plan. A statement signed by the Zoning/Subdivision or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the reement of the Subdivider, Developer, or his agent to comply with said ordinance as a edition of the approval of the subdivision or site plan to the satisfaction of the ,ning/Subdivision Administrator." .. a hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of the credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of on (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that Star Fort Joint Venture has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to Star Fort Joint Venture stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subiect site plan or subdivision. Attest: v Authorized ignature Typed or Printed Name A-U&_ t��cs;�essni�er Title � COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Joe Wilder, Frederick County Public Works Department o From: Patrick T. Davenport, Zoning Subdivision p g and S is>on Administrator Date: December 9, 2003 RE: Star Fort, Section 4A- Request to establish construction estimate I have received a request to approve the final plats for the subject subdivision. Please find attached an estimate totaling $23,980.00 covering the remaining work. Please provide this Department with a written response, agreeing with the estimate or recommending an upward revision to reflect any additional work to be completed. If you have any questions, please feel free to call. Thank you PTD/ CAMyFiles\Bonds and LOC's\Star Fort Sect 4A.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Patrick Davenport, Zoning and Subdivision Administrator, Department of Planning and Zoning FROM: Joe C. Wilder, Deputy Director, Department of Public Works,,) UVI A SUBJECT: Star Fort Subdivision, Section* - Request for Construction Guarantee Amount DATE: December 16, 2003 I have reviewed your memorandum dated December 9, 2003, requesting a response on the Construction Guarantee for the subject project. In addition, I have reviewed the attached construction estimate from R & G Construction Company in the total amount of $23,980. Based on a recent site inspection performed and my review of the construction estimate, it is appears that this amount will be inadequate. Therefore, it is my recommendation that a construction guarantee in the amount of $25,000 will be adequate to cover the work listed in the estimate as well as any contingencies. JCW/rls cc: file A:\bnd-Itrofcred\hold partlamtbndloc\STARFT4AREQRELIocmem.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 003 10:57 FAX 1 540 869 5642 ALL FREIGHT DEL From: r 17223024 Page. 1/1 Date: 12/8/200310:2+' NE `/rim v ► A & 4A.►J:III tL-11 Job: Sara: R & G COtiSTRUCTION Cam., - Gary A. Brown I(,64CE..1[4r4ct51_lip __soy, Phone: (540) $96-2052 Po Box 1-308 F'2r: (540) 896-52 1 I arri5onburo, VA 22803 10 T D: Aun Ref: 1Y-e are sending you: � ��>:►ach�d C-+'Gi Iessaoz Specification r Submi«als Change Orde; Ref�rz:�ces - Bid Doc_ To Fill out, Si¢rt &. Seel These are being transmitted as noted: u Fqr A prn�-al For "our Use For our Curnmtnt5 For Bid(,$) Duo C Flans 7-'Money order C Check n flr},o� a Other. . Signed u Bid C -Bid Results Copies This fax was received by GFI FAXmaker fax server. For more informapon. visit http://www.gh_com 51 FAX 1 540 869 5642 ALL FREIGHT DEL 201 To Patrick Davenport. Frederick Co. Planning Department From: diehard 1 lardison Star Fort DL:-cicaPmc:nt: Dec. 9, 2003 Please Find enclosed a letter From Middlesex Artillery approving the change in buffer along lots 67-74 of Section 4a of Star Fort. Also please Find enclosed a schedule with a_4socialed cost to c{)mPlete Section as prepared by R & G Construction Co. our general contactor. We want to record the Plat (err Section 4b before the 1 W h of this month, 1 would appreciate you establishing the amount of bond require and any other requirement we need to fulfill to record the Plat. Some of the items on R&Cj list may completed within the next week which should lower the require bond_ The following is list 01 contact number [or me: office phone S69-56Ot) ext 3Q5 Cell phone 336-2315 Pax 809-5642 Branch Banking &Trust Co. of Virginia Small Business Banking 115 North Cameron St. Winchester, VA 22601 Exhibit A to the Application and Agreement for Irrevocable Standby Letter of Credit dated December 17, 2003 IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: Treasurer, County of Frederick 107 N. Kent Street Winchester, VA 22601 DATE OF ISSUE: December 17, 2003 EXPIRATION DATE: December 17, 2004 ISSUING BANK ABA NO: 051404260 AMOUNT: $25,000.00 ISSUING BANK: BB&T ADDRESS: 115 N. Cameron Street Winchester, VA 22601 We hereby issue our Irrevocable Letter of Credit No. 9531265359-00007 in favor of the Treasurer, County of Frederick, Virginia, for the account of Star Fort Joint Venture, its agents, successors or assigns for a sum not exceeding Twenty five thousand U.S. dollars ($25,000.00) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative, stating that Star Fort Joint Venture has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on Star Fort, the approved subdivision or site plan. A statement signed by the Zoning/Subdivision or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the Branch Banking &Trust Co. of Virginia Small Business Banking 115 North Cameron St. Winchester, VA 22601 Exhibit A to the Application and Agreement for Irrevocable Standby Letter of Credit dated December 17, 2003 IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: AMOUNT: $25,000.00 Treasurer, County of Frederick ISSUING BANK: BB&T 107 N. Kent Street ADDRESS: 115 N. Cameron Street Winchester, VA 22601 Winchester, VA 22601 DATE OF ISSUE: December 17, 2003 EXPIRATION DATE: December 17, 2004 ISSUING BANK ABA NO: 051404260 We hereby issue our Irrevocable Letter of Credit No. 9531265359-00007 in favor of the Treasurer, County of Frederick, Virginia, for the account of Star Fort Joint Venture, its agents, successors or assigns for a sum not exceeding Twenty five thousand U.S. dollars ($25,000.00) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative, stating that Star Fort Joint Venture has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on Star Fort, the approved subdivision or site plan. A statement signed by the Zoning/Subdivision or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of the credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of on (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that Star Fort Joint Venture has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to Star Fort Joint Venture stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. Attest: v Authorized Mgnature IM 1 cAn.ae( M I (l e r Typed or Printed Name Title � COUNTY of FREDERICK J Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Memorandum To: Joe Wilder, Frederick County public Works Department From: Mark R. Cheran, Zoning and Subdivision Administrator�,� Date: -September 19, 2005 RE: Star Fort Subdivision, Section 4A Request For Cancellation of Letter of Credit I have received a request to cancel the Letter of Credit for the subject subdivision. Frederick County currently holds a Letter of Credit in the amount of $25,000.00. Please provide this Department with a written response, which recommends one of the following: Cancellation of the Letter of Credit because all work is completed to your satisfaction. Keeping the Letter of Credit unchanged. 00- Reduction of the Letter of Credit to an appropriate amount. If you need any additional information, please do not hesitate to call. Thank you. MRC/dlw Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 STAR FORT DEVELOPERS PO Box 2834 Winchester, Va.22604 September 13, 2005 Mr. Mark Cheran Planner Frederick County, Virginia. Dear Mr. Cheran, We request that Frederick County release the bond being held on Section 4A of the Star Fort Subdivision. The County Sanitation Authority accepted section 4A into their systems on June 2, 2005 and VDOT accepted the roads by the County resolution dated April 13, 2005 Very truly yours, Richard g Hardison Branch Banking & Trust Co. of Virginia Small Business Banking 115 North Cameron Street Winchester, VA 22601 IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: PERMITTEE: Treasurer, County of Frederick Star Fort Joint Venture 107 North Kent Street 142 Musket Drive Winchester, VA 22601 Winchester, VA 22602 AMOUNT: $25, 000.00 ISSUING BANK: Branch Banking and Trust Company of Virginia P.O. Box 2800 Winchester, VA 22604 DATE OFISSUE: December 17, 2004 EXPIRYDATE: December 17, 2005 ISSUING BANK ABA NO: 68-139 We hereby issue our Irrevocable Letter of Credit No. 9531265359-00007 in favor of the Treasurer, County of Frederick, Virginia, for the account of Star Fort Joint Venture it's agents, successors or assigns for a sum not exceeding U.S. Dollars ($25,000.00) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: `� certified staternent signed by the Subdivision Administrator or an authorized representative, stating that Star Fort Joint Venture has not satisfactorily completed the construction of and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks above ground facilities, underground utilities and facilities, recreational facilities drainage systems, designated open ace and other required improvements located in or °n Star Fort, the approved subdivision. p p q p A statement si for the explicit puo tithe Subdivision Administrator or his representative that: "The drawing is function pursuant toth °f providing for the completion or maintenance of a required facility or Zoning Ordinance, of e requirements of Chapter 144 Subdivison Ordinance and/or Chapter 165, the Frederick County Code and pursuant to the agreement of the Treasurer, County of Frederick Irrevocable Letter of Credit #9531265359-00007 Page Two Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that Star Fort Joint Venture has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion on and/or maintenance of the subdivision requirements to the satisfaction of Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Subdivision Administrator or his authorized representative giving written release to stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject subdivision. Atte Auth rized Signatu� Lisa -1TV4 Typed or Printed Name VCA, lorifs/dutt- Title Star Fort Subdivision - One Year Follow -Up Inspections Page 1 of 2 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT.Virginia.gov} Sent: Thursday, June 22, 2006 12:16 PM To:'rhardison@allfreightdelivery.com' Cc: 'Mark Cheran (mcheran@co.frederick.va.us)'; Iiqgram, 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 4B. 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' VDOT's satisfaction, Star Fort Subdivision, Section III Fortress Drive, Route 1376 . At #143, there is a small hole at the edge of pavement, about 1'x2'. Salvo Circle, Route 1393 . At #101, edge cracking of the pavement for about 12'. . At #102, the large.patch about 2Y 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, #5121 #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 i4 two 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 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM To: Joe Wilder, Frederick County Public Works Department PT� From: Patrick T. Davenport, Zoning and Subdivision Administrator Date: June 15, 2004 RE: Star Fort, Section 4A- Request to reduce construction guarantee I have received a request to reduce the construction estimate for the subject subdivision. Frederick County currently maintains a bond in the amount of $24.8,225.00 for the construction guarantee. The developer is claiming that all work has been completed in "Section 4A". It is unclear whether the developer intended to state that Sections 4A, 5; 6 and 7 are completed instead of just Section 4A. Nevertheless; the current bond covers Sections 4A, 5, 6 and 7. The minimum construction guarantee is required to be $10,000 until the roads are accepted into the State system. Please provide this Department with a written response as to the appropriateness of reducing the bond. If you have any questions, please feel free to call. Thank you 107 North Kent Street Winchester, Virginia 22601-5000 1 540 ) 5642 ALL FREIGHT DEL F4 ui-riowri Page 21� Dato 6/15/2004 08:08:3b 01 R & Gr Construction Company 4662 Hwy 16, SUITE 5 Denver, XC 28037 Phone: (704) 489-235 Fax: (704) 489-H 15 June 14, 2004 MT. Fr—effe--fick County P' g RE: Scion 6, Star - � rt'Subdivision Sir, All work as p-cr our cont-ract conciirnlnp. section 6 at the Star Fart Subdivbion has been completed with the exception of grassing the mad shoulders. Titis work will be completed when soil Ties. The wq of completing the rernaining work will be $1,250-00. If more information � required, plcasse advise. Richard R- Eagle Vice President L This f�,, was recelv by GFl FAXrrldker fax server. For more information, vist http.J1www gfi Gore BRANCH BANKING AND TRUST COMPANY WINCHESTER - MAIN, 115 N CAMERON ST, WINCHESTER, VA 22601-4729 UMBER: 540-665-4200 STANDBY LETTER OF CREDIT Frederick County, Virginia 107 North Kent Street WINCHESTER, VA 22601-0000 CONTACT NAME: RICHARD REEDY LETTER OF CREDIT NO. 9531265359 00005 DATE 04/28/2003 GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR STAR FORT JOINT VENTURE 142 Musket Drive WINCHESTER, VA 22602-0000 $248,225.00 04/28/2004 (FOR PRESENTATION AVAILABLE BY YOUR DRAFT(S) Sight DRAWN ON: "BRANCH BANKING & TRUST CO." DRAFT(S) MUST BE MARKED - "DRAWN UNDER BRANCH BANKING AND TRUST COMPANY CREDIT NO. 9531265359 OOOOS ; bonding Star Fort Subdivi ion Sections 4A, 5, 6 and 7 for Erosion & Sediment Control under Frederick County Code, Chapt r 79. WHICH MUST BE ACCOMPANIED BY THIS LETTER AND THE FOLLOWING DOCUMENTATION: See Attachment "Arr. This letter of credit is deemed to be automatically extended without amendment for one year from the expiration date or any future expiration date, unless 60 days prior to such expiration date, we notify you by registered or certified mail that this letter of credit will not be renewed for any such additional period. If you receive written notice from us that we have elected not to renew this Standby Letter of Credit, you may draw the full available amount hereunder not more than 15 days prior to the current expiration date by presenting your draft together with the original Standby Letter of Credit and your statement purportedly signed by an authorized officer that you are drawing on the Letter of Credit because you were notified by us that we did not intend to extend and renew this Standby Letter of Credit and that STAR FORT JOINT VENTURE has not furnished a replacement Letter of Credit satisfactory to you. SPECIAL INSTRUCTIONS THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. WE HEREBY ENGAGE WITH BENEFICIARY THAT DRAFTS PRESENTED IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION AT OUR COUNTERS AND THAT DRAFTS ACCEPTED WITHIN THE TERMS OF THIS CREDIT WILL BE DULY HONORED MATURITY. VERY TRULY YOURS BRANCH BANKING AND TRUST COMPANY ACCOUNT# / NOTE# 9531265359 00005 11\11l1■ 1 A19\/A Inom� Page 1 of 2 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 VIA FACIMISILE September 13, 2005 Mr. Richard Hardison All Freight Delivery Systems P.O. Box 2958 Winchester, VA 22604 Subject: Request for Construction Guarantee Estimate - $1,500.00 For Star Fort Section 7 Dear Richard: Department of Public Works has reviewed the construction guarantee estimate and based on a site inspection performed, there is additional work required to complete the project. All ditches in Section 7 shall be complete prior to a reduction or release of the current construction guarantee. Therefore, the County of Frederick will continue to hold the current construction guarantee of $248,225.00. If you have any questions, don't hesitate to give me a call. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/dlw cc: Joe C. Wilder, Deputy Director, Dept. of Public Works James M. Stewart Erosion and Sediment Control Program Administrator Wayne Corbett, Deputy Treasurer 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 From: 540-869-5642 : o: 15406656395 Page: 212 Date: 8/: 05 11:46:21 AM Letter Of Transmittal Ft rom: R c4c G CO\STRUCTION CO. (1366 C E. Market Sc_ Zip ::301) PO Box 1508 Harrisonburg, VA 22803 To. Alu Ref Job: Gary A. Brown Phone: (540) 896-2052 Fax: (540) 896-5221 mob;1 C55�) 3-7f-- o194 NN' are sending you: .attached �i Iessase Q Plans ' _ Btd = Specification "Submittals C Money Order ❑ Bid Result_ Chance Order C, References ❑ Check ❑ = Copies Bid Doc. o Fill Out- Sign & Seal Ci Other GQ � S 11Y1J� These are beina transmitted as noted: =yR :,S,ed =, For Approval _ Re . -Urn For Your Use == For our Comments _ Other For Bidl.$) Due ... _ _ COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Patrick Davenport, Zoning and Subdivision Administrator, Department of Planning and Development FROM: Joe C. Wilder, Civil Engineer, Department of Public Works'3a'—/ SUBJECT: Irrevocable Letter of Credit for Star Fort Sections 4A, 5, 6, and 7 DATE: May 6, 2003 Attached you will find an Irrevocable Letter of Credit for the subject project, in the amount of $248,225. The amount reflected in this Irrevocable Letter of Credit will be adequate to cover the costs associated with the installation of, and, to maintain the erosion and sediment control measures associated with this phase of the subject project. If you have any questions, do not hesitate to contact me. JCW/rls Attachment: as stated cc: file A:\bnd-ltrofered\newbnds-Itroferedit\STRFRT4A 5 6 71ocmem.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA Philip A. Shucet COMMISSIONER April 23, 2004 Mr. Richard Hardison P. O. Box 2834 Winchester, VA 22604 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Star Fort Subdivision, Section 4 Sentinel Drive 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, I performed an inspection of the right-of- way improvements performed on Sentinel Drive in Section 4 of the referenced development. We accept the construction phase at this time. However, the installation of the ditch line around the cul-de-sac has not been completed at this time. I will still maintain our acceptance at this point with the understanding this remaining work is to be completed by your contractor once the adjoining lots are completed. The exact need and location of the ditch can be determine at that time. Please be advised the streets and right-of-way area must be re -inspected and must be kept to VDOT standards prior to inclusion of this street into the State Secondary Road System. Should you have any questions, please call. Sincerely, Dave A. Heironimus Hwy. Permits & Subdivision Spec. Senior DAH/rf xc: Mr. Patrick Davenport Mr. Gary Brown w/ R&G Construction l Fri Ek, E"4FAJ APR 2 6 2004 FREOGRICS{cn_u3. fy PLANNING & DEVEL Uz,'I J VirginiaDOT.org WE KEEP VIRGINIA MOVING WA COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Wayne Corbett, Deputy Treasurer FROM: Mark R. Cheran, Zoning & Subdivision Administrator/fW-C.__, SUBJECT: Irrevocable Standby Letter of Credit No. 9531265359-00005 Star Fort Subdivision, Sections 4A, 5, 6 & 7 - Reduction of Letter of Credit DATE: October 27, 2005 We are in receipt of a reduction request for the above -referenced Letter of Credit. Please reduce Letter of Credit No. 95312653'j9-000UD in the amount of $248,225.00 to $168,000.00 as a portion of the work -related construction activities have been completed to the satisfaction of the Subdivision Administrator and the Frederick County Public Works Civil Engineer. The majority of the work that remains to be completed is related to storm water management. This work includes completing and stabilizing all of the ditches associated with Section 5, ditch 14 in Section 7 and sediment removal and restablization of the two (2) storm water ponds. Also, there is a considerable amount of site grading that will be required to achieve the site plan design prepared by Patton Harris Rust and Associates. Dan Ryan Homes has committed to completing all of the storm water conveyance channels in Section 5; however, we do not have any financial assurances in place that guarantee that these channels will be completed in a timely manner. Therefore, to insure that the approved site plan will be implemented as designed, we are requesting that a bond amount of $168,000 be maintained for the Star Fort Subdivision, Sections 5 and 7. This amount will insure that Frederick County could implement the drainage improvements and stabilize the site should Dan Ryan Homes renege on their commitment. MRC/dlw Attachment cc: Richard Hardison, All Freight Delivery Systems, P.O. Box 2958, Winchester, VA 22604 Mike Hammer, PHR&A, 117 East Piccadilly Street, Suite 200, Winchester, VA 22601 Harvey E. Strawsnyder, Jr., P.E., Department of Public Works 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK f Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Zoning FROM: Harvey E. Strawsnyder, Jr., P.E., Director, Department of Public Work4 j j. SUBJECT: Request for Reduction of Bond for Star Fort - Sections 4A, 5, 6 & 7 DATE: October 21, 2005 We have completed our review of the bond reduction request for Star Fort - Sections 4A, 5, 6 & 7. This review included several site inspections to determine the actual as -built conditions. As indicated in Mr. Hammer's letter dated September 28, 2005, the developer has completed a majority of the road and utility work except for minor construction related to specific house hook- ups. The majority of the work that remains to be completed is related to stormwater management. This work includes completing and stabilizing all of the ditches associated with Section 5, ditch 14 in Section 7 and sediment removal and restabilization of the two (2) stormwater ponds. Mr. Hammer indicates in his letter that Dan Ryan Homes has committed to completing all of the stormwater conveyance channels in Section 5. We are aware of this requirement; however, we do not have any financial assurances (bond) in place that guarantee that these channels will be completed in a timely manner. Also, there is a considerable amount of site grading that will be required to achieve the site plan. design prepared by Patton Harris Rust and Associates, P.C. Therefore, to insure that the approved site plan will be implemented as designed, we recommend that a total bond amount of $168,000 be maintained for the Star Fort subdivision, Sections 5 and 7. This amount will insure that Frederick County could implement the drainage improvements and stabilize the site should Dan Ryan Homes renege on their commitment. HES/rls cc: file C:Trogram Files\WordPerfect Office 11\Rhonda\TEMPCOMMENTS\tempbond\regtorelorhold partialregtoredamt\.STARFORTEST,SECSIA,5,6&7BONDredmem.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Zoning FROM: Harvey E. Strawsnyder, Jr., P.E., Director, Department of Public Work4 jj,, SUBJECT: Request for Reduction of Bond for Star Fort - Sections 4A, 5, 6 & 7 DATE: October 21, 2005 We have completed our review of the bond reduction request for Star Fort - Sections 4A, 5, 6 & 7. This review included several site inspections to determine the actual as -built conditions. As indicated in Mr. Hammer's letter dated September 28, 2005, the developer has completed a majority of the road and utility work except for minor construction related to specific house hook- ups. The majority of the work that remains to be completed is related to stormwater management. This work includes completing and stabilizing all of the ditches associated with Section 5, ditch 14 in Section 7 and sediment removal and restabilization of the two (2) stormwater ponds. Mr. Hammer indicates in his letter that Dan Ryan Homes has committed to completing all of the stormwater conveyance channels in Section 5. We are aware of this requirement; however, we do not have any financial assurances (bond) in place that guarantee that these channels will be completed in a timely manner. Also, there is a considerable amount of site grading that will be required to achieve the site plan design prepared by Patton Harris Rust and Associates, p.c. Therefore, to insure that the approved site plan will be implemented as designed, we recommend that a total bond amount of $168,000 be maintained for the Star Fort subdivision, Sections 5 and 7. This amount will insure that Frederick County could implement the drainage improvements and stabilize the site should Dan Ryan Homes renege on their commitment. HES/rls cc: file C:\Program Files\WordPerfect Office 11\Rhonda\TEA'IPCOMAlENTS\tempbond\regtorelorholdpm-fia►regtoredamt\STARFORTEST,SECS4A,5,6&7BONDredmem.wpd 107 North Kent Street . Winchester, Virginia 22601-5000 VERY STRAWSNYDER pace: 2;3 Date: 1Of'.9=,-5 9:46:29 AM ;0: HA�< - Landsc,,pe Aicjoact3, 28 S--pmmber 2005 Mr. ,yLrk Cher-ar Frederick Counn', ,,ir,i, 2260 1 C y i�UliIc Worki 1601 RE, S p 'and 7 ,ecOovA-A, 5,15 E0.0d te4jrp--tion Uds IS a lett" to in t1le eristing, E&S 'Bund for ' -,?�mk rero.2.Lillins, . .. J 56 & 7. Carteney the -Cuixr� IncI& an E,&S Bond ' f1ror Sv—r For+ -A, , IT" the ,,M,.)-LL, 225,()0 'aong -�nidh a perfmrmncz bond for S(AIMOrl 4 for this .at of $24,--, y1r1w. Cfl-;,Ct$, v ro e, M pro�ect Note the� +Ie E&S BonL' 'n the lrnount of W:L� P vid d at date Semon 4A— 5 & 6 lizve been substanliOy A�pr-il of 2003 and si6ce t1h stra 'ttd c X, r underway. Based upon. v field reviev-; �th hornes cors c _ks� ur.9 i I T ity an 4 ' - sdiy, September 27'� it appe.7ats tliat aa otiii d rciad 'ay' conducted yfStV(- P.; -'e M,,"Vleted for aU sec6oras with only conveyance ,,:hmono construr-non btr- _ to be cr4r,21eted in a�toa 7. R; qddition to ditch 14 some ar-.?.s vlrqt7ina b--;ICzh ditch 14 remaIP-:ifI7 L Of S tiori 7 0 Ilo,, yet have 7eget2tion estabfish,-:�d in the e-it-rb,Cd as. Th�--se aeas Mclude the 2-rr��—of &1e `"eLetion po.n. -, betwee,e on p<):rds 3 a. d 4 and die storn conv'Ta"`:e chap-"t" "C-er-'17 -td an in wl4df mbEshL is lot yet e, In regar-,I, to ditch 14 pleasit :tnoze that completion ..;f tl�as Olit&, along %irh some possible is e to ditches 12 rind 13 = to be corx�pleted by the hornebJdef Dan Rr= Homes, Once home comatruction 'This Issue has 5�d by the project enprieer and Frederick Cour-tv P4blic Works Since frsderick beer, discus! I I c4srrnn,,�jOwr the area oftkeg dirches will ed fill placed tc) allow the di -itch -es cr, be gra-&,d irl -a I 4011yr./LICKi accordance with the 9md"ing plans. 'The bond es. bhs'r, ed wrawd reTnaiin ill place Huni Vai:ey UnO th�:, ditch work has been completed A73 is approved try t!w ?' �unty7 WIS! Based uh. e on :L- field rcview and information available to the W2+,er JI is augg-,md p [�&c Bo%id be reducarl from $2,418,225,00 to $295,01C,,").00 to cover the tI 1 dLi n g Mail -- i nv a d d it, T L)4-' gr ad m g o 4d-, e d e t n t I o n P 3 11 d s r=Isj,,jn,z 9,� � x1d rr.-u T 41 C! c 6 7.2 1,3 9 f I errksar rrA-cafa-an) -1,U&S am C-=�entr under rmew by the enginee for ce F ail d BCrdi a -,e 2rno; —Int of $15MOM be provided to cover die co.,-,ts tc, compleir, i',' Ev YA, A CXt 64M 6AA C_ Ca)„� s �� o AAAA C� A (VAA C 5, 9 4 6 i 2 �4 XNI! AARVE .,64, ,,, i 1-RY TWICt8lZIN tr) ekdhes 12 wh ston-n v,,-ater 4 -,jid w-,y may 1-e re-.qt&t& F,Alovi' pu view of this r-quest do not hesitae to adl V yoks wish to disouss Mg review thds request or linre any qwstmns- PAII ON HAMT S RU S—r & A—S, S&CIAM TIA-ke Aarrumer MAH/lkf Emlcstu�. cx.: x4cRVA Heldblau To: From Date: RE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 AVlemorandum, Joe Wilder, Frederick County Public Works Department Mark R. Cheran, Zorling and Subdivision Administrator h, October 11, 2005 Star Fort — Section 4A, 5, 6 and 7 — Reduce Letter of Credit I have received a request to reduce the Letter of Credit for the subject subdivision. Currently, Frederick County maintains an amount of $248,225.00 for the guarantee. The developer is requesting to reduce the current amount by $223,225.00. The new guarantee amount would be $25,000.00. Please provide this Department with a written response, which recommends approval, amendment or denial regarding the request to reduce the Letter of Credit down to $25,000.00 for the subject subdivision. If you have any questions, please feel free to call. Thank you. MRC/dlw Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 28 September 2005 L-Mr. Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 Mr. Harvey E. Strawsnyder, P.E. Frederick County Public Works 107 N. Kent Street Winchester, Virginia 22601 RE: Star Fort — Section 4A, 5, 6 and 7 PT Bond Reduction Request HDear Gentlemen, CORPORATE: This is a letter to request reduction in the existing E&S Bond for work remaining Chantilly for Star Fort Sections 4A, 5, 6 & 7. Currently the County holds an E&S Bond in the amount of $248,225.00 along with a performance bond for Section 4 for this VIRGINIA OFFICES' project. Note that the E&S Bond in the amount of $248,225.00 was provided in Chantilly Bridgewater April of 2003 and since that date Section 4A, 5 & 6 have been substantially Fredericksburg completed with homes constructed or underway. Based upon a field review Leesburg conducted yesterday Tuesday, September 27'', it appears that all utility and road Richmond construction has been completed for all sections with only storm water conveyance Virginia Beach ditch 14 remaining to be completed in Section 7. In addition to ditch 14 some areas Winchester of Section 7 do not yet have vegetation established in the disturbed areas. 'These Woodbridge areas include the areas of the detention ponds, between detention ponds 3 and 4 LABORATORIES: and the storm conveyance channels recently constructed and matted in which Chantilly vegetation is not yet established. Fredericksburg In regards to ditch 14 please note that completion of this ditch along with some MARYLAND OFFICES: Baltimore possible modifications to ditches 12 and 13 are to be completed by the Columbia homebuilder, Dan Ryan Homes, once home construction begins. This issue has Frederick been discussed by the project engineer and Frederick County Public Works since Germantown the area of these ditches will need fill placed to allow the ditches to be graded in Hollywood accordance with the grading plans. The bond established would remain in place Hunt Valley until this ditch work has been completed and is approved by the County. WEST VIRGINIA OFFICE: Based upon the field review and information available to the writer it is suggested Martinsburg that the E&S Bond be reduced from $248,225.00 to $25,000.00 to cover the remaining seeding and mulching and any additional grading of the detention ponds T 540.667.2139 if necessary (as-builts are currently under review by the engineer for certification) F 540.665.0493 and a Bond in the amount of $15,000.00 be provided to cover the costs to complete 1 17 East Piccadilly Street Winchester, VA 22601 storm water ditch 14 and any modifications necessary to ditches 12 and 13 which may be required. Following you review of this request do not hesitate to call if you wish to discuss this request or have any questions. Sincerely, PATTON HARRIS RUST & ASSOCIATES e Hammer MAH,kf Enclosure cc: Richard Hardison Patton Harris Rust & Associates, pc Engineers. Surveyors. Plonners. Landscape Architects. 28 September 2005 ?Mr. Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 Mr. Harvey E. Strawsnyder, P.E. Frederick County Public Works 107 N. Kent Street Winchester, Virginia 22601 RR: Star Fort — Section 4A, 5, 6 and 7 Bond Reduction Request Dear Gentlemen, CORPORATE: This is a letter to request reduction in the existing E&S Bond for work remaining Chantilly for Star Fort Sections 4A, 5, 6 & 7. Currently the County holds an E&S Bond in the VIRGINIA OFFICES: amount of $248,225.00 along with a performance bond for Section 4 for this Chantilly project. Note that the E&S Bond in the amount of $248,225.00 was provided in Bridgewater April of 2003 and since that date Section 4A, 5 & 6 have been substantially Fredericksburg completed with homes constructed or underway. Based upon a field review Leesburg conducted yesterday Tuesday, September 27`h, it appears that all utility and road Richmond construction has been completed for all sections with only storm water conveyance Virginia Beach ditch 14 remaining to be completed in Section 7. In addition to ditch 14 some areas Winchester of Section 7 do not yet have vegetation established in the disturbed areas. These Woodbridge areas include the areas of the detention ponds, between detention ponds 3 and 4 LABORATORIES: and the storm conveyance channels recently constructed and matted in which Chantilly vegetation is not yet established. Fredericksburg MARYIAND OFFICES: In regards to ditch 14 please note that completion of this ditch along with some Baltimore possible modifications to ditches 12 and 13 are to be completed by the Columbia homebuilder, Dan Ryan Homes, once home construction begins. This issue has Frederick been discussed by the project engineer and Frederick County Public Works since Germantown the area of these ditches will need fill placed to allow the ditches to be graded in Hollywood accordance with the grading plans. The bond established would remain in place Hunt Valley until this ditch work has been completed and is approved by the County. 'VEST VIRGINIA OFFICE: Based upon the field review and information available to the writer it is suggested Martinsburg that the E&S Bond be reduced from $248,225.00 to $25,000.00 to cover the remaining seeding and mulching and any additional grading of the detention ponds F 54017 .East.0493 Piccadilly Street 667.2139 if necessary (as-builts are currently under review by the engineer for certification) 1 East S and a Bond in the amount of $15,000.00 be provided to cover the costs to complete Winchester, VA 22601 storm water ditch 14 and any modifications necessary to ditches 12 and 13 which may be required. Following you review of this request do not hesitate to call if you wish to discuss this request or have any questions. Sincerely, PATTON HARRIS RUST & ASSOCIATES YMe ammer MAH/kf +A Enclosure PH cc: Richard Hardison COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM To: Joe Wilder, Frederick County Public Works Department / W From: Patrick T. Davenport, Zoning and Subdivision Administrator Date: June 15, 2004 RE: Star Fort, Section 6- Request for construction guarantee estimate I have received a request to approve the final plats for the subject subdivision. A construction guarantee is required prior to final plat approval. The developer's contractor has provided. an estimate totaling $1,250.00 for the remaining work. A minimum of $10,000 for the construction guarantee amount is required. Therefore, the minimum construction guarantee amount total is $11,250.00. Please provide this . Department with a written response, which recommends the appropriateness of this construction guarantee estimate. Thank you PTD/ CWyFiles\Bonds and LOC's\Star Fort Sect 6_req bond estimate.wpd 107 North Kent Street a Winchester, Virginia 22601-5000 06/15/2004 09:07 FAX 1 540 869 5642 ALL FREIGHT DEL F- ro unkr)owri Pap 212 Date 6/1 5J2004 08:o8:3r M In R & Gr Construction Company 4662 Hwy 16, S M E 5 Denver, NC 28037 Phone: (704) 489-235 Fax: (704) 499-U 1.5 June 14, 2004 0 r' Mr. Patrick 1)aWnPOTt -7t .3- Id �enck �CD=ry Pajining — RE: Seeficrn 6, Stark �n Subdivision Sir, All work as pCr our cbntract concerning, section 6 at the Star Foft Subdivblon has been completed with the exception of grassing the road shoulders. This work will be completed wbcn soil JTie& The cost Of completing the rernaining work will be S1,250-00. If more information 4 required, please advise. Richard k. Eagle Vice President 5 fgx was recew by OR FAXMJkef fax server. For more infurmarion, visrt http.11WWW gfi Porn COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Patrick Davenport, Zoning and Subdivision Administrator, Department of Planning and Zoning FROM: Joe C. Wilder, Deputy Director, Department of Public Works C SUBJECT: Star Fort Subdivision, Section 6 - Request for Construction Guarantee Amount DATE: June 18, 2004 I have reviewed your memorandurn dated June 15, 2004, requesting a response on the Construction Guarantee for the subject project. In addition, I have reviewed the attached construction estimate from R & G Construction Company in the total amount of $1,250. Based on a recent site inspection performed and my review of the construction estimate, it appears that an amount of $11,250 (minirnurn bond amount of $10,000 plus the construction estimate) will be adequate. Therefore, it is my recommendation that a construction guarantee in the amount of $11,250 will be adequate to cover the work listed in the estimate as well as any contingencies. JCW/rls cc: file AAbnd-Itrofcred\hold parthuntbndloc\STARFT6REQREIJocmem.wpd 107 North Dent Street o Winchester, Virginia 22601-5000 COUNTY of FREDE�CK Department of Planning and Development 540/665-5651 FAX:540/665-6395 Memorandum To: Joe Wilder, Frederick County Public Works Department From: Mark R Cheran, Zoning and Subdivision Administrator Date: October l 1, 2005 RE: Request to establish bond amount for completing ditches Star Fort Subdivision — Section 7 I have received a request to establish a bond amount for the subject subdivision to complete storm water ditch 14 and any modifications necessary to ditches 12 and 13. PHR&A is requesting that a bond in the amount of $15,000.00 be established to cover this work (see attached letter). Please provide this Department with a written response, which recommends one of the following: Establishing a bond using the above amount. 00- Increase or decrease of the above amount. If you need additional information, please do not hesitate to call. Thank you. MRC/dlw Attachment PHP-*%:-,A CORPORATE Chantilly VIRGINIA OFFICES: Chantilly Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 28 September 2005 -Mr. Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 Mr. Harvey E. Strawsnyder, P.E. Frederick County Public Works 107 N. Kent Street Winchester, Virginia 22601 RE: Star Fort — Section 4A, 5, 6 and 7 Bond Reduction Request Dear Gentlemen, This is a letter to request reduction in the existing E&S Bond for work remaining for Star Fort Sections 4A, 5, 6 & 7. Currently the County holds an E&S Bond in the amount of $248,225.00 along with a performance bond for Section . 4 for this project. Note that the E&S Bond in the amount of $248,225.00 was provided in April of 2003 and since that date Section 4A, 5 & 6 have been substantially completed with homes constructed or underway. Based upon a field review conducted yesterday Tuesday, September 27`h, it appears that all utility and road construction has been completed for all sections with only storm water conveyance ditch 14 remaining to be completed in Section 7. In addition to ditch 14 some areas of Section 7 do not yet have vegetation established in the disturbed areas. These areas include the areas of the detention ponds, between detention ponds 3 and 4 and the storm conveyance channels recently constructed and matted in which vegetation is not yet established. In regards to ditch 14 please note that completion of this ditch along with some possible modifications to ditches 12 and 13 are to be completed by the homebuilder, Dan Ryan Homes, once home construction begins. This issue has been discussed by the project engineer and Frederick County Public Works since the area of these ditches will need fill placed to allow the ditches to be graded in accordance with the grading plans. The bond established would remain in place until this ditch work has been completed and is approved by the County. WEST VIRGINIA OFFICE: Based upon the field review and information available to the writer it is suggested Martinsburg that the E&S Bond be reduced from $248,225.00 to $25,000.00 to cover the T 540.667.2139 remaining seeding and mulching and any additional grading of the detention ponds F 540.665.0493 if necessary (as-builts are currently under review by the engineer for certification) 1 17 East Piccadilly Street and a Bond in the amount of $15,000.00 be provided to cover the costs to complete Winchester, VA 22601 F, P�Rn storm water ditch 14 and any modifications necessary to ditches 12 and 13 which may be required. Following you review of this request do not hesitate to call if you wish to discuss this request or have any questions. Sincerely, pAT'ON HARRIS RUST & ASSOCIATES Ye'14arnmer ill/kf Enclosure cc: Richard Hardison ,r. COUNTY of FREDERICK Department of Planning and Development $40/665-5651 FAX: 540/ 665-6395 Memorandum To: Joe Wilder, Frederick County Public Works Department From: Mark R Cheran; Zoning and Subdivision Administrator �v�-- Date: August 31, 2005 RE: Star Fort Subdivision, Section 7 Request for construction guarantee estimate The developer's contractor has. provided an estimate totaling $1,500.00 for the remaining work. Please provide this Department with a written response which recommends the appropriateness of this construction guarantee estimate. If you need additional information, please do not hesitate to call. Thank you. MRC/dlw Attachment 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 'N From: 540-869-5642 To: 15406656395 Page: 2/2 Date: 8/26/2005 11:46:21 AM Letter Of Transmittal From: R & G CONSTRUCTION CO. -- (I3b6 C E. Market St_ Zip :_301) PO Box 1508 Harrisonbura, N'A 22803 aD To: Atti Ref NN* are sending you: attached LWT IessaQe = Specification ri Submittals Change Order ❑ References B d Doc. To Fill Out; Sign & Seal These are being transmitted as noted: - . yP.za�_escz:i - _: For .-approval For `c"our Use For Yclur Comments For Bid(,$) Due Jab: Gary A. Brown Phone: (540) 896-2032 Fax: (540) 896-5221 mob; I q0°) o/ 96 G Plans G Money Order ❑ Check Ci Other Bid `' Bid ReSait_ Copies Other oe 1�� fa� cep g 12r;3l COUNTY of FREDERICK (Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Development FROM: James M. Stewart, Erosion and Sediment Control Program Administrator, Department of Public Works SUBJECT: Star Fort Subdivision, Section 7 - Request for Construction Guarantee Estimate DATE: September 7, 2005 I have reviewed your memorandum dated August 31, 2005, requesting a response on the subject construction guarantee estimate. Based on a recent site inspection performed, there is additional work required to complete the project. All ditches in section 7 shall be complete prior to a reduction or release of the current construction guarantee. Therefore, it is my recommendation that the construction guarantee currently retained by the county not be reduced or released at this time. JMS/rls cc: file DAbnd-Itrofcred\rejrelbnds-Itrofcred iNNIillerho ndaexpansionlocmem.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 qFp 8 2.00 COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Development FROM: James M. Stewart, Erosion and Sediment Control Program Administrator,/✓ Department of Public Works fLA/ SUBJECT: Star Fort Subdivision, Section 7 - Request for Construction Guarantee Estimate DATE: September 7, 2005 I have reviewed your memorandum dated August 31, 2005, requesting a response on the subject construction guarantee estimate. Based on a recent site inspection performed, there is additional work required to complete the project. All ditches in section 7 shall be complete prior to a reduction or release of the current construction guarantee. Therefore, it is my recommendation that the construction guarantee currently retained by the county not be reduced or released at this time. JMS/rls cc: file D:\bnd-Itrofcred\rejrelbnds-Itroferedit\A4illerhond-texpansionlocinem.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 VIA FACIMISILE September 13, 2005 Mr. Richard Hardison All Freight Delivery Systems P.O. Box 2958 Winchester, VA 22604 Subject: Request for Construction Guarantee Estimate - $1,500.00 For Star Fort Section 7 Dear Richard: Department of Public Works has reviewed the construction guarantee estimate and based on a site inspection performed, there is additional work required to complete the project. All ditches in Section 7 shall be complete prior to a reduction or release of the current construction guarantee. Therefore, the County of Frederick will continue to hold the current construction guarantee of $248,225.00. If you have any questions, don't hesitate to give me a call. Sincerely, ` 1� Mark R. Cheran Zoning and Subdivision Administrator MP Cldlw Joe C. Wilder, Deputy Director, Dept. of Public Works cc: James M. Stewart Erosion and Sediment Control Program Administrator Wayne Corbett, Deputy Treasurer 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Star Fort Subdivision - One Year Follow -Up Inspections Page 1 of 2 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Thursday, June 22, 2006 12:16 PM To:'rhardison@allfreightdelivery.com' Cc: 'Mark Cheran (mcheran@co.frederick.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 VDOT's 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 23' 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 6/26/2006 Star Fort Subdivision - One Year Follow -Up Inspections Fortress Drive, Route 1376 Page 2 of 2 . 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 in two 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) 6/26/2006 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 3, 2005 Richard Hardison P.O. Box 2834 Winchester, VA 22604 RE: Star Fort Subdivision; Zoning District: RP (Residential Performance) Property Identification Number (PIN): 54-A-1 (includes all sections) Dear Mr. Hardison: In reviewing documents associated with the above referenced project, it has been determined that a violation of the Star Fort project has occurred. More specifically, the provisions set forth on the master development plan have not been fully achieved. The following outstanding issues below must be corrected to adhere to the conditions of the master development plan and subdivision plan: • The approved master development plan proposed trees to be planted in the rear of lots located in Section 4A along the Star Fort preservation parcel. • The approved master development plan provides 15 street lights. No street lights have yet to be erected in the subdivision. • As per the master development plan, a minimum of $60 and maximum of $250 per lot must be provided towards the operation and maintenance of Star Fort. In accordance with #2(E) on the master plan, the "operating entity" shall "submit an annual report of its finances and financial operations to the Board [of Supervisors], prepared by a duly -licensed Certified Public Accountant... to assure faithful and proper application of the funds provided". • Public access to Star Fort has yet to take place. In conformity with 43 on the master plan, "the applicant shall provide a public access to Star Fort from the spine road servicing the residential development, as generally shown on the Master Development Plan." 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 . r, ' ` Richard Hardison RE: Star Fort Subdivision October 3, 2005 Page 2 The above referenced issues must be corrected to bring this approved subdivision and master development plan into compliance with the Frederick County Zoning Ordinance. As a zoning violation does exist on the property, the County will withhold zoning and subdivision approvals for this development until the violations are remedied. Please contact this office should you have questions regarding this violation notice or a potential resolution. Sincerely, �- . Mark R. Cheran--_..-- Zoning and Subdivision Administrator MRC/KTH/bad Patton Harris Rust & Associates, pc Engineers, Surveyors, Planners, Landscape Architects PH i East er, Vir in a 226 ,Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Memorandum To: Mark Cheran Organization/Company: From: Date: September 26, 2005 Project Name/Subject: Star Fort Section 4A, 5, 6, 7 PHR+A Project file Number: cc: I've enclosed three copies of the latest version of plan sheets 2 and 3 for this Subdivision Design Plan. I have compared the lot layout shown here with the plats prepared by Mr. Duane Brown. While there are a few very small lot area discrepancies, the plans are in substantial agreement. With these plans and the proper bonds in place, I trust you can move forward to final plat approval. Call if you have questions. S E P 2 7 2005 MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.com August 9, 2004 Dave Saunders, P.E. Patton, Harris, Rust & Associates Post Office Box 781 SEP 2 2 2005 Fredericksburg, Virginia 22404 RE: Star Fort Frederick County, Virginia Dave, I was recently asked to prepare the Final Subdivision Plats for Sections V and VII of Star Fort. During the platting process, I discovered three lots that contained less than the minimum of 15,000 square feet required. These lots are 94 (14,997 square feet), 99 (13,843 square feet) and 101 (13,812 square feet). In order to correct these deficiencies, I have made minor adjustments to lots 93- 97, 99, 101, 104, 111 and 113. I am enclosing copies of these adjustments for your use. If these adjustments are satisfactory, I will complete the subdivision plats. Thank you for your attention in this matter. Sincerely, P. Duane Brown, L.S. PDB/djd 975 1132 RP =RP ` 1021 1V53 J ! 20' WATER EASEMOW � ` 11t54 / it33 LOT 97 / ` / 976 J 15,473 SF / / / / r / 11 6 1072LOT r C 15001g SF/ / � / � /� � 1128 \ \ / / / / / / LOT 101 / r/ \ \ 15,025 SF I\ \ 1157 0 \ , �\ 972 /�!l rr / ��\ 11O 23 \\�\� �' / �./ ' / 15,931 SF 15S " // / /� 20' DRAINAGE EASEMENT LOT 96 / 15,011 SF / / ! LOT 95 // \��� }tZ2 \� /1 // \ 1128,' 15,001 SF / r l LOT 94 > 10 4 11 / /, �/ / �\ _RP 15,002 SF / \ ✓ / / LOT 1 1 1 17,302 SF 1 ', 966 t124 ,` / LOT 93 1099 17,101 SF 1 1160\------ =RP 1121 - - - \ \ \ 20' WATER EASEMI=NT . 1 1100 1098 \ 1 \ \ LOT 113 16,800 SF 1128 1 ' 1075 R STAR FORT - SECTIONS V AND VII 913 LOT ADJUSTMENTS AUGUST 9, 2004 SCALE: 1' =60 ` \ \ 1120 \ � 1134 1161 Marsh and Legge Land Surveyors 560 Nor th Loudoun Street Winchester, VA 2260`1 .JOB. NUMBER: 3247 08-09-2004 08:23:38 ;`.°. STAR FORT STONEWALL MAGISTERIAL DISTRICT FIR EDERICK. COUNTY, VIR(.INIA SON. ID: `L-OT 93 FROM BEARING DISTANCE TO NORTHING EP,STING 1119 11186.1171 085.9.'..3722 1119 N 84 58 57.3 W 50.0000 913 11190.4900 9819.5637 DELTA 053 47 40.5 L ARC 46.9446 TAN 25.8635 CHORD 45.239.3 913 N 41 13 22.2 E 50.0000 1121 11228.0976 9852.5132 _ 1121 N 41 13 22.2 E 146 ..8660 1122 11338.5632 9949-2.963 1122 S 68 40 52.0 E 39.7000 1074 11324.1290 99.86:2797 10.7-4 S -12. 4.5 29.8, E 121.74410 1075 11205.3917. 10013.>.1,651 1075.. S 20.17 17.3 W 82.9397 1120 11174.4956 1000.1 743.E 1120,; N 84 58;57:3 W 132.8806 1119, 11186:1.171 98693.7.2.2 AREA. OF TRAVERSE 17100.671.1 SQ.F7. .3926 ACRES. k marsh and Legge Land S irv�ijors 5a0` North L.oudpun Street W`'inchester; .VA 22601 JOB NUMBER. 3247 08-09-2004 08 24:16 STAR., FORT 'STONEWALL MAGISTERIAL: DISTRICT FREDERICK COUNTY,, V:IR01NIA, SPNl : I D LOT 9.4. FROM.. BEARING DISTANCE TO NORTHING EA5.I.ING 1121 11228.0976 985.2.5132 1121 S 41 13 22.2 W 50.0000 913 11190.4900 9819.5637 DELTA 075 20 12.9 L ARC 65.7439 TAN 38..6004 CHORD 61.1091 913 N 34 06 50.7 W 50.0000 1098 11231.8861 9791.5216 1098 N 34 0.6 50.7 W 25.0000 1099 11252.5842 9777.5006 DELTA. 0.48 11 22.9 R ARC. 21:0267 TAN::` 11::1803 CHORD 20:4124 109,9 S 1:4 0 32:2 W. 25.00.00 1100.`. 11228.3348 977:1.42,C?5 19 04 14.0 E 167.4828 1123 113.86.6256. 9:82:6.1425 1 845.E 12200 . .. 9123 .9. 29.63. 11:22 S 441::13 22:2 W 14.6.8660 1121 11,228.0976 9852.5132 ARtiEA Or: TRAVEF.SE 15001.7691 S. :FT: 3444 ACRE:S :x r Marsh. and Legge Land Surveyors 560 North Loudou:n ...S.treet Winchester; V:A.22601:: JOB NUMBER: 3247 00-09-2004 08_:2A:40 STAR FORT. STONEWALL MAGII.S.T:ER.:IAL. DISTRICT_ FREDE:RIQX- COUNTY, VIRGI NIA: S.PN.ID:; LOT 95`:.: FROM BEARING . DISTANCE`. TO NORTHING EAST I`NG. 1100.: 11,228.334'8 9771.4205 1100 N 75 5'5 27.8 W 79.26627 1124.,. 11247..6116 9694.5376 1124 N 14 04 32.2 E 178.7742 1073 11421.0182 9738.0159 1073 S 68 40 52.0 E 94.6000 1123 11386.6256 9826.1425 1..123 S 19 04 14.0 W 167.4828 1100 11228.3348 9771.4205 Marshand, Legge Land Survej ors °5,60 North Loudo6 Street . W i nc h.'ester.. , VA' 22:6;01:.. )nB NUMBER: 3247 08-09-200.4 08.:.25 1 STAR. RT. FO ' STON.EWALL'.MAGISTERIAI ,DISTRICT FREDERI.CK COUNTY; t1IRGIN A SPN.ID: L 0 T 96 FROM BEARING DISTAN.C-E 70 -------------------------- NORTHING` EASTI.NG 1124 11247.6116 96!94.5376 1124 N 75`55 27.8 W 90.6000 966 11269.6457 9606.6578 966 N 14 04 32..2 E 116.2405 972 11382.39°62 9634.9278 972 N 56 34 10.4 E 134.1204 1072 11456.2864 9746.8587 1072 S 14 04 32.2 W 215.1341 1124 11247.6116 9694.5376 AREA OF TRAVERSE. 15Q11.2690 SQ.FT. .3446 ACRES 97r 11578.4.945 9705.9865 975 S 10 08 29.4 W 250.0000 1021 11332.4006 9751.9165 DELTA 011 10 38.6 R ARC 48.7705 TAN 24..41629 CHORD 48:6932 1021 N 21 19 08.01 E. 250.0000 1132, 11565.2934 9842.8061 1132 S 68 40 52.0 E 49.4329 1.153 11547.3217 98&8.8564 1153. S 21 19 08.0 W 172,5000 11Z3 11386::6'2.56 9826.1425 1.1 23_.,_ _ N 68 40 ` 52 :.0 w 94 600;0 1 0.73: ;. , 1 1421 . Q 1 8.2,. 9738:, 015'9 1073 N 14 04 32.2 E 36 ,35.99 1072 11456'.2864:. 9746. 85F37 1072 N. 5.`6 34..10.4= E... 3:6 66Q3 9 6 11.476.6'5.9:8 9777.72:Q ;96 N 10 0$.29:4. E 1`03: 4511 97`5 1.15l8.` .945. 97.9-5.9365. AREA OF, TRAVERSE 15473•.4172 SQ:1: 3552 ACF2ES x i' • d � � jJ Marsh:: and Legge Land Surveyars,`.560 .idar: f1. Laudoun Str.e 4J`inctestAr`; VA 2601 J0B'NUMBER: 3247 08=09-2004 0$:26.`:I3 STAR f 0 R T. S1`ONEWALL 'MAGI STERIAL pZSTRIC:T D E R I C K COUNTY,l VIRGINIA SPN 'ID LOT:99 FROM BEARING DIS.TAN'CE --------------------- TO NORi`HINt� EASTING 1153`. 1 1 547.3217 ------ 9 8-8 8 -8564 1153 S 68 40 52.0 E 86.9600 1154 11515.7067 9969.8658 1154 S 21 19 08.0. W 172.5000 1155 11355.0106 9907,1520 1155 N 68 40 52.0 W 86.9600 1123 11386.6256 9826.1.425 1123 N 21 19 08.0 E 172.5000 1153 11547.3217 9888.8564 ACRES 1 �a Marsh and: Leg.c�:e ... Lary : Survey.nrs 560 ,North Lnu_dnur Street' Winch :ester`VA2260 1 J�B> NUMBER:' 3247 0 809 2;004 . . 08�2b 37: STAR FORT.:.. STONEWALC.MAGIST.ERIAL DISTRICT 1J.; FF2.ED I C K CQUNTY., VIRGIN IA ' SPN `ID LOT 1.01 FROM BEARING DISTANT E TO NORTHING EASTINO------------------ 1154 11515:7067 9969 8E58 1154 S 68 4.0 52.0 E 82.9061' 1133 1 14855327 10047 1826 _ 1133 S 21 19 08.0 W 250.0000 1128 11252.6399 9956.290 DELTA 001 26 12.6 R ARC 6.2694 TAN 3.1349 CHORD 6.2692 1128 N 22 45 20.6 E 250.0.000 1156 11483.:1805 10052:9938 1 15,6' S 22, 45 :20.6 W 1.72.47:56 1..074.. 11324..1;2:99 9�986 279°7 1074 N 6$ 40:.52.0 W 84 9400 1155 11'355 0106. 9907 152:0 1155 N 21 1908.0:.E 172 500.0 11.54 11515:7.067,: 996q.,85:8 AREA OF TRAVERS.E 1 5025`. 1723 SQ FT 3449. ,4LRES: k; ( l t ,. 4 I I (Marsh : and Legge Land Surveyors 560 N0r'th: LOUdOUn Str eat W-inchi e.s�er:, VA. 22`.GQ1 ;JOB NUMB'ER:.: 3247 0$ 09 2004 `STAR 0 8:26 59.:. FORT -'sTONEW.ALL MAGISTERIAL DISTRICT M1FREDERICK COUNTY,,. VIR:GI.NIA SPN.ID 'LOT 104 FROM BEARING., ---------------------- C�ISTAN.CE.. TO NORTHING EASTIhlG 1 6. --------------- 1 1483 1.805 : 10052.9938 1156 S 22 45 20.6 W 250.0000 1128 11`252.6399` 9956.2930 DELTA 031 00 26.2 R ARC 135.294.8 TAN 69.3483 CHORD 133.6498 1128 N 53 45 46.9 E 250.0000 1157 11400.4215 10157.9377 1157 S 53 45 46.9 W 200_:9010 1158: 11281 66.3 9995.895.2 11.58..`. N.12 4.5 29.3 W 43.5414 1074 11324,:.12p9 9986.27.97 1074 N 22 45 20:6 E 172 475E :;115 11483 18.05 10052';.993.E3 AREA OF' TRAVERSE- 15931 4322``SQ.FT 3657 ACRES. � 1 Marsh • and:`,L:egg'e Land Surveyors, 5--.60 North:, Ln.u_clouri Street W_.nchter:p' UA:22601 JOB ;fiUMBFR: 3247 08 0`9-2�04 , 08 23 27 STAR. FORT .. 'ST N WALL MAGISTERIAL DISTRICT FrzE,U R,IC.K' COUNTY; VIR INI.A Sl N ID: LOT 1.11 s FROM BEARING DISTANCE TO." , NORTHING. E�t.STING 1157` 11400.4215' 10157.9377 '1157 S 53 45 46.9 W 250.0000 112V> 112.52`.6399.. 9956.2930 DELTA 032 50 11.3 R AR,C:: 14.3.2762 TAN 73:6655 CHORD 141.3234 1128 Fd 86 35 58.2 F, 250.0,0.00 1159 112`67.46,86 102'05.8528 1159 S 86 35 58.2 W 204 3587:. 1160 11255.5.471 10001.8539 1160 N 12.45.29.3 W..,,: 26.9827.' 11 8 1.12,81.6636 999.5.895.2: 115�3 N 53..45 '46'.'9 E 200.9010 1157' 11400.42`15 10157:937,7: ;AREA OF.TRAVERSF;' 1?.301 9:57�;`SQ FT 372 A6RF5:" 1 ,i t •l } Marsh and Legge Lanc� Surveyr�rs 5'6n Norr+-h. Louuoun r et W n c h ester. :' V '2 6 t1;1 ;JOB 'NUMBER:. 3247 p8_n9-266 08:2T:45 STAR FORT S.TONEtnIAL,L: MAGISTERIAL C7I5TRSCT FF:EDE,RICK COUNTY, VIRCI1,�iA:...:' SPN.ID'. LOT 113 FR011 E.ARI'NIG DISTANCE TO NORTHING; E,AS`T"ING 1159 11267.4686 10205.8528. 11 9 S 86 35 58.2 W 250.0000 1128 11252.6399 9956.2930 DELTA 02.3 44 49.8 R ,ARC, 103.6165 'TAN 52.5629 CHORD 102.8765 1 1 28 S, 69 39 12.0 5 250. 000..0 1 134 1 1 165 .71 50. 1 C11 90 _ 6945 1134 S 20 20 43.0 W 21.4802 1161 11145.5750 10183.22518 1161 N 70 37 16.8 W 180.273.9 1075 11205.3917 10013.,`1 5'I; 1075, fd 12.45 2.9.3`VJ 51..2200 1160 11255.34.71:; 10001.'85a9' 1 16Q N 86 35 5.8.2 E 204. 3 587 1 15 9 11267.4'686 10205.:8528: A A QF TRAVE'RSEl' ':. 1 6800.3:569 S��. FT. .3857 ACRES l \ V NOTES APPLICABLE TO THE PRELIMINARY MASTER DEVELOPMENT PLAN The development of the property subject to this Preliminary Master Development Plan shall be in strict accordance with the following conditions. 1. Binding Nature of the Preliminary Master Development Plan. This Preliminary Master Development Plan shall control the development of the property subject hereto, in accordance with the ordinances and regulations of Frederick County. 2. Mandatory Assessments for the Preservation of Star Fort. (a) Prior to the approval of the first subdivision plan for the Property, the Applicants shall create a Property Owner's Association applicable to the entire Property as required by §144-32 of the Frederick County Subdivision Ordinance, the principal purpose of which shall be the imposition of a mandatory assessment upon owners of developed lots to assist in funding the operation and maintenance of Star Fort located adjacent thereto as a park and educational site open to the public. Such Property Owners' Association may have such other purposes, functions and duties with regard to the Property as the Applicants shall determine. (b) The Applicants shall insure that the Property Owners' Association created hereunder shall impose a mandatory annual assessment per developed residential lot in a sum not less than $50 and not more than $250, per lot, the proceeds of which shall be dedicated to the operation and maintenance of Star Fort by any person, corporation, partnership, other private entity, or any governmental agency, or their successors and assigns (hereinafter "the operating entity"). The assessment shall initially be set at $50 per lot, may not be increased for five years after the formation of the Association, and may thereafter be increased not more than 10% per year. (c) The Property Owners' Association 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. (d) No funds hereunder may be provided to the operating entity, unless and until a 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 . -%NGa ES APPLICABLE TOT! PRELIMINARY MASTER DE, v ELOPMENT PLAN Page 2 the Board certifies that the operating entity cannot perform, or is not performing, its obligations to operate and maintain Star Fort as provided herein. . (e) 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 funds provided. (f) The Property Owners' Association 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. (g) The operating entity may expend any funds provided hereunder for any purpose reasonably related to the operation and maintenance of Star Fort and the acquisition of additional property which may advance the purposes hereof. (h) The Property Owners' Association documents shall provide that changes which would alter, amend, or otherwise affect provisions which are required hereby shall require the written agreement of at least 75% of the owners of the Property, and of their lenders, if any. 3. Public Access to Star Fort. The Applicant shall provide a public access to Star Fort from the spine road servicing the residential development, as generally shown on the Preliminary Master Development Plan. NOTES APPLICABLE TO THE PRELIMINARY MASTER DEVELOPMENT PLAN The development of the property subject to this Preliminary Master Development Plan shall be in strict accordance with the following conditions. 1. Binding Nature of the Preliminary Master Development Plan. This Preliminary Master Development Plan shall control the development of the property subject hereto, in accordance with the ordinances and regulations of Frederick County. 2. Mandatory Assessments for the Preservation of Star Fort. (a) Prior to the approval of the first subdivision plan for the Property, the Applicants shall create a Property Owner's Association applicable to the entire Property as required by §144-32 of the Frederick County Subdivision Ordinance, the principal purpose of which shall be the imposition of a mandatory assessment upon owners of developed lots to assist in funding the operation and maintenance of Star Fort located adjacent thereto as a park and educational site open to the public. Such Property Owners' Association may have such other purposes, functions and duties with regard to the Property as the Applicants shall determine. (b) The Applicants shall insure that the Property Owners' Association created hereunder shall impose a mandatory annual assessment per developed residential lot in a sum not less than $50 and not more than $250, per lot, the proceeds of which shall be dedicated to the operation and maintenance of Star Fort by any person, corporation, partnership, other private entity, or any governmental agency, or their successors and assigns (hereinafter "the operating entity"). The assessment shall initially be set at $50 per lot, may not be increased for five years after the formation of the Association, and may thereafter be increased not more than 10% per year. (c) The Property Owners' Association 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. (d) No funds hereunder may be provided to the operating entity, unless and until a 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 COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 December 9, 2003 Mr. Richard Hardison P. O. Box 2834 Winchester, VA 22604 Ref: Star Fort Subdivision, Section 4-13 Route 522 Frederick County Dear Mr. Hardison: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 On December 2, 2003, a walkthrough inspection was performed for the referenced development. As a result of this inspection, VDOT accepts the construction phase of the right-of-way improvements for this project. Attached is a list of necessary information needed to start the addition process. Items 1, 2, and 3 are needed at this time. Once these items are received and recorded in our office, I then can prepare the legal description for the Board of Supervisors resolution and an addition date can be established. Once this date is established, I can also calculate the surety amount required for the one year surety and the maintenance fee amount. Please call me at (540) 535-1828 should you have any questions. Sincerely, ad Dave A. Heironimus Hwy. Permits & Subd. Specialist Sr. DAH/rf Enclosure xc: Mr. Eric Lawrence Mr. Patrick Davenport VirginiaDOlorg WE KEEP VIRGINIA MOVING Revised 11107: 02 fl XIF1111r INFORMA TION NEEDED PRIOR TO ACCEPTANCE OF S UBDI VISION STREETS INTO STA TE SECONDAR Y 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 VDOT (Edinburg Residency Office or Winchester Complex) 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 Geometries ■ Drainage & Drainage Easements 2. Three (3) copies of the final plats with date & place of recordation, deed book number and page number or instrument 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 30th). No maintenance fee is required if the addition is effective July I". (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) FEE & S URETY SCHED ULE for SUBDIVISION STREET ADDITIONS SURETY MAINTENANCE FEE 2-LANE STREET: Minimum (up to 0.25 mile) $ 3,750 $375 / year From 0.25 to 0.50 mile $ 7,500 $750 / year Over 0.50 mile $1,500 / tenth of mile $150 / tenth of mile & fraction thereof & fraction thereof 4-LANE STREET: Minimum (up to 0.25 mile) $ 7,500 $750 / year From 0.25 to 0.50 mile $15,000 $1,500 / year Over 0.50 mile $3,000 / tenth of mile $300 / tenth of mile & fraction thereof & fraction thereof EXAMPLES A two lane street, 0.35 mile long, is processed for addition effective September 1st. Therefore surety is required for four -tenths mile and maintenance fee is required for ten months. 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 Middlesex Va. Artillery -Fleet's Battery 1107 Cedar Creek Grade Winchester, Va.22602 540-722-6323 To whom it may concern, Fleet's Battery has been sending out notices of homeowners dues every year for the past few years. The list are acquired from those owning property in the Star Fort subdivision. Often properties change hands and mail comes back ,"person unknown." The other problem with this is people buy property in December and feel they don't owe dues for another year, so the billing becomes very complicated and almost impossible to enforce. This January we hope to get a new and up to date list from the county as was discussed in our meeting with the county planners and the members of the historical groups. We are also waiting to hear from the County and or these groups, who showed interest in us donating the property to them for them to complete the restoration of the Oculus plan of July 2000. We will donate the property to any group that shows it can complete this project per the Star Fort Management and Interpretation Plan prepared by OCULUS July 2000. We would prefer that these funds collected from the property owners were collected by the County and the funds held by the county, until their need for the maintenance of the completed project. The completion of this project will required approximately $200,000 to $300,000 in today's dollars and depending on professional fees. This project should in no way hold up the development of the rest of the subdivision, as the Fort's completion is not tied to this subdivision. In fact, no time tables were set by the Board of Supervisors when this was approved. look forward to answering any questions and getting back any feed back om t Co ty. We are still waiting for a follow up from our last meeting. Robert M. Rhodes President r • � EIS �� ; COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 18, 2004 G.W. Clifford and Associates, Inc. C/o Ron Mislowsky 117 E. Picadilly Street, Suite 200 Winchester, VA 22601 RE: Star Fort, Section 6 - Final Plats Dear Ron: This letter is to confirm that the final plats for the Star Fort, Section 6, were administratively approved on June 18, 2004. The approval of Section 6 of this subdivision allows for the development of sixteen (16) single family detached urban residential lots with a minimum lot size of 15,000 square feet. Frederick County currently holds a bond in the amount of $25,000 for the completion of the improvements associated with Section 6 of this subdivision. Please return a copy of the recorded plats and deed of dedication to this office. Please feel free to call if you have any questions regarding the approval of this subdivision. Sincerely, r r d / f r Patrick T. Davenport Zoning and Subdivision Administrator PTD cc: Richard Hardison Lynda J. Tyler, Stonewall District Supervisor Charles S. Dehaven Jr., Stonewall District Planning Commission Member John H. Light, Stonewall District Planning Commission Member Jane Anderson, Real Estate 107 North Kent Street • Winchester, Virginia 22601-5000 StInes Pim Rt s� SITE F F k Rt 0 VICINITY MAP 1' = 1000' SCALE APPROVED -BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE FREDERICK COUNTY SANITATION AUTHORITY DATES o//fiYOj FREDERICK COUNTY SUBDIVISION AD ATOR DATE 06 I I QWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF RICHARD G. HARDISON. INC., RICHARD de BYRON. INC. AND SELDON, INC., 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. DATE _ L �y/ f-i RICHARD & BYRON. INC. DATE (p& X'Oh SELDOM, INC . —.gl' DATE (.c- c* NOTARY PUBLIC STATE OF V •� a�.. t CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY NOTARY PUBLIC - s-- MY COMMISSION EXPIRES q "30-01 SURVEYOR'S CERTIFICATE, I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE PROPERTY THAT WAS CONVEYED TO RICHARD 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, MRGINIA IN DEED BOOK 845 AT PAGE 895, DEED BOOK 845 AT PAGE 904 AND DEED BOOK 853 AT PAGE 1. RESPECTIVELY. FINAL PLAT OF SUBDI KS/0N `f STAR FORT�� SECTION V1 STONEWALL A4 01SVRX DIMICT P. Duane Brown fREWNCK COUNTY, WRGIN14 No. 001285 Jon. /5,200¢ L+kD 8 UlLQSto DATE.' 1115104 CODER SHEET SHEET 1 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: C.6REENSPAN PHONE (540) 667-04M w FAX (540) 667-0469 H EMAIL oflee0mmshmdegge oom DWG NAME. IDM24—PLAT LOT 64 ice, LOT 66 LOT 81 4 i LOT 65 LOT 67 i. \� � LOT 80 MIDag�ESEx r�ntLERr --•.. LOT 68 FLEETS 54E1'MC&' �CSA .�' LOT 79 09 531 PINS OB B544 PC 418 \ \ +\ ZONED RP WE: HISTORIC LOT 69 / ` �� lOf 135 / 1/ \ LOT 133 LOT 70 ` f LOT 78 i LOT 71 LOT 72 LOT 73 —.. I ` LOT 74 i LOT 75 59 N SHOCKEY BROTHERS, INC. o PINS 5p4�—A--112 ZONED: 118 257U5E: INDUSTRIAL �:1331MIZIll • ti 7F�1 ��t1• �0 AREA IN LOTS AREA IN RIGHT—OF—WAY TOTAL AREA SUBDIVIDED NUMBER OF LOTS AVERAGE LOT SIZE SMALLEST LOT SIZE PIN 54—A-1 RESIDUAL AREA HARDISON, BYRON & SELDON (REMAINDER - 31.216 ACRES) PIN 54—A-1 DB 845 PG 895, DB 845 PG 904, DB 853 PG I ZONED: RP & B-2 USE: VACANT 136 A- LOT 131 �- Lat 128 134 LOT 121 IDf 031OT 121 LOT 77' 132 r 130 L—' LOT 120 LOf 124 LIN M LOT 76 LOT 127 LOT W SHOCKEY BROTHERS, INC. PIN 54—A-14 DB 748 PG 688 ZONED: to-2 USE: INDUSTRIAL D' 200' 400' SCALE N 1" m 200' MIMMUM SETBACK REOU/REMENTS FRONT 35' 5.9335 ACRES REAR 25' 0.8279 ACRES SIDE 10' 6.7614 ACRES 16 16,154 SF EXISTING ZONING: RP 15,002 SF EXISTING USE: VACANT 31.216 ACRES PROPOSED USE: SINGLE FAWLY DETACHED TRADITIONAL FINAL PLAT OF SUMMS/ON STAR FORT SECTION // STONEWALL AL42570R41L DSMICT fREDDWK COIA ,, WR9W m P. Dunne Brown No. 001285 Jon. 15,2oC¢ WE-. 1115104 KEY AW SHEET 2 OF 6 'fib SUSLA ' Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (540) 667-0488 - FAX (540) 667-0469 - DAL offlcq&nw*mdaWmcom DWG NAME: ID5824—PLAT CURVE TABLE CURVE TANGENT RADIUS I ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING Ci 138.79 300. 256.8 49DI 248.92 N 443129 E C2 32 27- 6&3S 1336 40 65.18 S 2799 W C3 66. -2-7&-g 131.00 27Y 36 129.78 S 4 I B W C4 19.5 2 275 38.9 0610OB 38.93 S 651W C5 13.98 325.00 27.95 04 3 27.94 N 22' 38 E C6 36.55 325.00 72.80 12*50 0 72.65 N 31412 E C7 36.57 1 325.00 72. 1230 72 N 4431 E C8 36.5 325 72 1230 23 7288 N 97ffW E C9 15.85 325 31.6 0534 5 31.65 N 6634 42 E4 DRAINAGE & SLOPE EASEMENT LINE TABLE LINE BEARING DISTANCE DL1 N 60'45 28 E 48.12 DL2 N 71'49 02 E 23.51 DL3 N 69'12 08 E 31.14 DL4 N 69'19 30 E 29.88 DI-5 N 64 34 46 E 31.88 DL6 N 61'31 49 E 38.88 DL7 N 5TF6 46 E 26.67 DL8 S 34 4B 11 E 36.18 DL9 S 58'29 42 W 65.09 DL10 S 7a22 2 W 85.95 DL11 FS 88'02 56 W 88.82 tipm 1. IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2.) ALL LOTS ARE SUBJECT TO A 20! SLOPE. DRAINAGE AND UTILITY EASEMENT ALONG ALL RIGHTS -OF -WAY AND A 10' UTILITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. 3.) PROPERTY OWNERS ARE REWIRED TO PAY YEARLY ASSESS[ENTS TO THE STAR FORT MIDDLESEX ARTILLERY BATTERY. FINAL PLAT OF SUMMS/ON STAR FORT SECTION V1 STONEWALL MIAGlSM?AL O/STR/CT n?MDWCK CVUW,, V1RIG1N64 Q47E 1115104 1 CURW TABL£ I SH£ET 9 OF 6 1 Marsh & Legge Land Surveyors P,� L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, MRGINIA 22601 PHONE (540) 667-MB - FAX (540) 867-0489 - EMAIL 01fke0marohmdd99&com P. Dunne Brown No. 001285 Jan.15,2004 DRAWN BY: r; GRaWPAN DWG NAME: mmv-PLAT N 21;15'1i' E N 2078?2' £ 167.02' 6'1.78' ` • `..f ..y , • ST'• `V• r: ±^ s' •; ' s� ;'81T 51 20'DRAINAiy•,,�;•" -� r-- ;-------- 25'- BRL(TYP.) I { 15 SAN, SEWER EASEMENT 10' DRAINAGE LOT 128 �f ; ^ EASEMENT I LOT 125 °° LOT 123 m ; " LOT 121 �--I SEE SHEET 5 OF 6 w / 15,136 SQ. FT. i i 15,025 SQ FT. o i i 15,030 SQ. FT. h� 1 f I• 1 I i�l I 12 f I I I Z I ! 1 I I I I !! I I I I -. •. Ep. �wj�4`.I%___ /,1C ----J�mY�l�Ly1�lCy���--J I L----14 1412 ---� iT—f7 — .'�0 if BTU!/ G.7�I r - •• riZ'�...'.'.'.',... •. �1.12!'.',:. .•W.51_'•.::'':• . B,T51„�'••'�_ I SEE SHEET 5 OF 6^ N �5 LOT 127 `I$ (35.00') - S 2020'48' W _ N 2020 48' E 20 57' _ FORTRESS DRIVE — 50' R/W ,'•�c.�T. •: : . --•rr ' . � eo.. o�'.:':'': • •• �'••'•. ' '-. as s1 "•: •.:•: •: _10° DRAINAGE:.:•: --- j`417 ----�---�415 --- Ir- 1 I ---413 --- h{ I I I LOT 126 1� 16,123 SQ. FT. I LOT 124 3 t If,,, I I LOT 122 � 15.002 SQ. FT. t'I^I 115,115 SQ. FT 51.516' SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 ZONED: M-2 USE: INDUSTRIAL RNAL PLAT OF SUBDIWS/ON STAR FORT SECTION V1 S1M9NEWALL MAG157ZX 4L D/SMICT FRfVB?1CK COUW,, WNCIN14 0 0 N 0' 50' 100' SCAI..E - 1" 50' WE 111550M I SC&E N 1" - 50' I SHEET 4 OF 6 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER. VIRGINIA 22601 PHONE (540) sal—M - FAX (540) 887-0489 N EMArL offlmftm*masg9..com >014m .ve......` P. Duane Brown No. 001285 �I{�Jan. 15, 2004 �'d :D susory DRAWN BY: CGREFNSPAN DWG NAME: 1D5824-PLAT L01'\ 133 ,,,. ;`y-.+=:=y N?gT�iOlJ'E �...•.. �✓ LOT 131 ✓9c 5 --- --� h (TYP- �'':�.� `\ SEE SHEET 6 OF 6 /. i LOT 128 ; �, f.. ♦ ss : • • • • •\ icy` 1 15,370 S0. FT. / ,` i ♦ off\ �100 s '1a. r5', •'���� "• • J,� F�, `r3Wr ,•' Y-• A'• • , V.� •�;'•S o i;q' S 2Y4115' LOT 132 SEE SHEET 6 OF 6 DETENTION /i \`1 /�.•_ i. ;+ Y�/; •!��!_ - S 20204B" W 51516' 0' S0' 100' SCALE 1' 50' SEE UNE & CUR RmL PLAT of summsm STAR FORT SECTION V1 =NEW&L A&GVER41L DISMICr F MMICK COUNTY, KRIG/N14 SHOCKEY BROTHERS, INC. PIN 54—A-14 D8 748 PG 688 ZONED: M-2 USE: INDUSTRIAL >,wuft..016.. lll P. Duane Brown No. 001285 .lan. �g,2oo4 � LL17F i/1B/O4 I xxr N 1 ' - 5O' I smu 5 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: CGREENSPAN PHONE (540) 667—MB � FAX (540) 657-0469 - EMAL of c6Gm #ffdW9e.=n I DWG NAME: 1D5824—PLAT 00" HARDISON, BYRON &SELDON (REMAINDER — 31.216 ACRES) PIN 54—A-1 D8 845 PC 895, D8 845 PC 904, DB 853 PC 1 ZONED: RP & B-2 USE: VACANT LOT 80 50,18 N 02571' f N 692034' F .� 8852:52" F 5940.90 6' -20 DRAJNAGE4�."SEE SHEET 5 OF 6 1 r ------------ LOT 135 I I LOT 131 15,143 SQ. FT. LOT 133 15,010 SQ. FT. I . Y� LOT 128 t ivit; SQ. Fr. rcD A 1426 Fi4 0? !W7 7--77 -4:Ls on s LOT SCALE #6922'10'f 25604' — - — - — - cl FORTRESS DRIVE - 50' RIW 1429 ti & --- -- ------- -L 10.4 J425 sEq SHEET 5 OF 6 78 !'F8 iZ,�LOT 130 31 lIab LOT 136 1 LOT 134 FF. 15,636 SQ. Fr. 115,030 SQ. 1:I 1 LOT 132 15,453 SO. FT. DE: DON POND EASEMENT li >0LI' 1�4-3 D L-------------- 50' 8J 50 94.55' 5 6922'10- # Ma 40 50100' LOT 77 FREDERICK COUNTY PUMP 216i6z!n SANITATVN AUTHORITY- STATION INSTR. 030028725 LOT 1 w - 501 LOT 76 RNAL PLAT OF SUSDIKSION STAR FORT SECTION V1 SMNEW&L M4GSM?W DISTRICT FREMMCK COUNTY, WRGIN14 LW?T-- 1115104 1 SME - 1' = 50' 1 SHiFT 6 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-OM - FAX (540) 667-0469 " EMAIL otfio90marohmdm&com P. Hoene aroma No. 001285 DRAWN BY: CGRMWSPAN DWG NAME. ID5824-PLAT CD 0 N VIRUINIA: FREDERICK COUNTY. SCT. This instrument of writing was produced to me on 6 a/- o v at _ s6 a ;and with crrtific.uc of acknowledgem_nt therew anrev"' was �aumitted to recorit.'U i-11p,sed by Scc. 58.1-802 of 5_ =Y _ . , and 58.1-SUl have been Paid. if asscssabie 4"W 441—' Clerk 040011434 THIS DEED OF DEDICATION made and dated this 16" day of June, 2004 by and between,SELDON. INC., a Virginia corporation; RICHARD G. HARDISON, INC.. Virginia corporation, and RICHARD and BYRON. INC., A Virginia Corporation, parties of the fast 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 January 15, 2004, known as Star Fort, Section VI, described on the Final Master Development Plan of , Star Fort, Section VI, 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, which is hereby dedicated to the public; and, WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half (%) 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 ('/.) 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 Byron, Inc., a Virginia Corporation, is the owner of one -forth ('/a) 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 VI. 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 VI, and the Declarants may apply different restrictive covenants to other sections of the subdivision. O O Q N NOW, THEREFORE, IRIS DEED OF DEDICATION WIT'NESSETH, 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 VI, lying and being situate in Stonewall Magisterial district, Frederick County, Virginia, known as Fortress Drive, Sentinel Drive together with all drainage easements, and more particularly described by a aforesaid plat of P. Duane Brown, Land Surveyor, dated January 15, 2004, 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 VI, 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 (%) 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 ('/.) 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 ('/4) interest of which was conveyed to Richard & Byron, 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 of developed lots to assist in funding the operation and maintenance of Star Fort, located adjacent Page 2 q O O thereto, as a park and educational site opened to the public. Such SFPOA may have such o&cr 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 11, 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. K ��M.col 11 VOTING RIGHTS Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article U. When more than one Page 3 CD 0 0 41" 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 Enioyment: Every Member shall have a right and easement of enjoyment in and to the Common Areas, specifically including but not limited to the rights of ingress 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 O O O ARTICLE V un COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarants, for each Lot owned within Star Fort, Section VI, hereby covenant, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant 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. PuMose 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 Aungal 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"). Page 5 a. Subject to the above provisions, from and after January l 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. 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 funds 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. Page 6 O O O (e) The operating entity may expend any funds provided hereunder for any purpose 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 Page 7 the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage 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 Prouerty: 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 VI, shall be subject 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 VI, 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 0 ARTICLE o EASEMENTS 110 10 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 January 15, 2004, 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. S,_loge 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 Page 9 C—) 0 0 Lot, 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 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 Y�II 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. Sevesability: 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. Page 10 v O Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency, 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 VI. 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 ofthe 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 ofFrederick, 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. BY: l 11a-1 _ (SEAL) CARLIN L. SMITH, President RICHARD G. HARDISON, INC. BY:. (SEAL) RICHARD G. HARDISON, President Page 11 0 a RIC & BYRON, IN N BY: (SEAL) STATE OF VIRGINIA CITY OF WIN STER, TO WIT I,'<' ,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 June 16, 2004, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 12004. 1111111" My Commission Expires `�'N%I ........ ' �pTARpFD. NOTARYP LIC STATE OF VIRGINIA CITY OF WINQM_STER, TO - I, AAW-.,-• 4;t i- , allotaryPublic in and for the State and jurisdiction aforesaid, do hereby 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 16, 2004, have personally appeared before me and acknowledgedjhe same in my State and jurisdiction aforesaid. Given under my hand this ��' day of , 2004. My Commission Expires pOTAq :• NOTARY T PUBLIC 'DUB 0C Page 12 EXHIBIT A Use Common Restrictions and Covenants Applicable to Star Fort, Section VI 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 story 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 of roof pitch of 5/12. O O w .t- 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 sigh 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: Clotheslines or dying 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 animals, 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 shall provide in connection therewith, off-street parking space of at least twelve feet (12') by CD 0 (n 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 fo 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 tunes, and shall be kept clear 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 placed or constructed on any Lot hereby dedicated unless or until plans and description 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 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 surrounds 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, 2005. The Declarants shall be solely empowered to fill, by further appointment, any term which shall become vacant prior to December 31, 2005, (c) Those persons owning Lots hereby dedicated in Star Fort, Section N-A in the year 2004 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 non -exercise of the powers accorded them. Likewise, a Lot Owner shall not be liable to any person for any exercise of non -exercise 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 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 0 0 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. 10]OINI 1 A \DCHIBrT Awpd ROW APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTA-WDATE • IY %IIJ�f� FREDERICK COUNTY SANITATION AUTHORITY ' / i� , COUNTYFREDERICK SUBDIVISION , . DATE ABOVETHE , FOREGOING SUBDIVISION 1 OF 1 G. HARDISON, INC., 1 'BY• • ' SELDON, INC., AS APPEARS IN THE ACCOMPANYING PLATS. IS NTH THE FREE• ,AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. \ \ ■ A , • A \ , . \ _ 7 it J_ • • / LOT 64 - �L---- -- �, LOT 66 ; '�� i LOT 81 25 LOT 65 LOT 67 4'� LOT 80 MIDDLESEX ARTILLERY�� FLE PINB54 EA YiB &' fCS.A. LOT 68` d LOT 79 r OB 531 PC 266 DB ~`SO• . ZONED: RP USE: 544 STORIC 418 LOT 69 LOT 135 LOT 70 LOT 71 LOT 72 HARDISON, BYRON & SELDON (REMAINDER - 31.216 ACRES) PIN 54-A-1 DB 845 PC 895, DB 845 PC 904, OB 853 PC 1 ZONED: RP & B-2. USE: VACANT LOT 78 UT 133 136 �oLOT 131 LOT 134 �� LOT 1 IL'T 123I l0T 121 z - - - - l LOT 77 ~sF�� 132 - w - - LOT 73 130 o Qo r LOT 74 L__� LOT 129 IDT m z z��m �� i ! LOT 75�•� LOT 76 LOT 127 LOT 126 �- =o I oCD C�l H I SHOCKEY BROTHERS, INC. N 54-A-14 DO I 748 PC 688 I ZONED: M-2 USE: INDUSTRIAL SHOCKEY BROTHERS, INC. PIN 54-A-12 DB 575,PC �83 -2 UStt: ZONED: M IN USTRIAL SHEET INDEX LOTS SHEET 121-126 4 127-130 5 131-136 6 AREA SUMMARY AREA IN LOTS AREA IN RIGHT—OF—WAY TOTAL AREA SUBDIVIDED NUMBER OF LOTS AVERAGE LOT SIZE SMALLEST LOT SIZE PIN 54—A-1 RESIDUAL AREA 0' 200' 400' SCALE - 1" = 200' MA MUM SETBACK REQUIREMENTS FRONT 35' 5.9335 ACRES REAR 25' 0.8279 ACRES SIDE 10' 6.7614 ACRES 16 16,154 SF EXISTING ZONING: RP 15,002 SF EXISTING USE: VACANT 31.216 ACRES PROPOSED USE: SINGLE FAMILY DETACHED TRADITIONAL FINAL PLAT OF SUBDIVISION STAR FORT SECTION V1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGIN14 DATE.• 1115104 1 KEY MAP I SHEET 2 OF 6 1 �`'- TH 0•F � o r� P. Duane Brown No. 001285 Jan. /5,2004 LAND SURN���4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL office0marshandlegge.com DWG NAME: ID5824-PLAT r.[JRVF TAR[ F CURVE TANGENT RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING Cl 136.79 300.00 256.68 49'0122 248.92' N 44 51 29" E C2 32.82' 275.00' 65.33' 1336 40" 65.18' S 27'09'08" W C3 66.77' 275.00 131.00' 2717'36 129.76 S 4736'16" W C4 19.52 275.00' 38.97' 08'07 06" 38.93' S 6518'37" W C5 13.98' 325.00' 27.95' 04 5537" 27.94' N 22 48'36" E C6 36.55' 325.00' 72.80' 12 50'03" 72.65' N 3141'27" E C7 36.57 325.00' 72.83 12 50 23` 72.68' N 44 3140" E C8 36.57' 325.00; 72.83' 12 50 23 72.68 N 57*22'02` E C9 15.85 325.00 31.67' 0534 57" 31.65' N 66'34 42" E DRAINAGE & SLOPE EASEMENT LINE TABLE LINE BEARING DISTANCE DL1 N 60'45'28" E 46.12' DL2 N 71'49'02" E 23.51' DL3 N 69' 12'06" E 31.14' DL4 N 69'19'30" E 29.88' DL5 N 6,V3446m E 31.88 DL6 N 61'31 49 E 38.68' DL7 N 55'28'46" E 26.67' DL8 S 34'48 11 " E 36.18 DL9 I S 58'29 42" W 65.09' DL10 S 70'22'27" W 85.95' DL11 S 86'02'56" W 88.82' NOTES: 1.) IRON RODS ARE TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2.) ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE AND UTILITY EASEMENT ALONG ALL RIGHTS -OF -WAY AND A 10' UTILITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. 3.) PROPERTY OWNERS ARE REQUIRED TO PAY YEARLY ASSESSMENTS TO THE STAR FORT MIDDLESEX ARTILLERY BATTERY. FINAL PLAT OF SUSDIVIS/ON STAR FORT SECTION �r STONEWALL AMGISTER14L DISTRICT FREDERICK COUNTY, V/RGINIA DATE.• 1115104 1 CURVE TABLE I SHEET J OF 6 1 TH OF I� ° � 9 P. Duane Brown No. 001285 Jan . 15,2004 V4od'o gURNF'.t�4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, MRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL office®marshandlegge.com DWG NAME: 05824-PLAT �N 21;35'1,�" E N 207822'° E _ 167.02' �,t. •-� . :.,T4�t-- 31F .; :., •: .. a r--------- 25' BRL TYP.;-------- / J ( ) 15 SAN, SEWER i l i EASEMENT ti 10' DRAINAGE LOT 128 I'� i EASEMENT , / LOT 125 ' m ; o I LOT 123 0 LOT 121 SEE SHEET 5 OF 6 1 15, t 3s SQ. Fr. 15,025 SQ. F r.'R I 3 I 15,030 SQ. Fr. `• /�� Ri , a cn J 1 L I I I N , a 20' 1fR - - - - I L--35 BR TYP. - i L - - - - - - - - - - - - � �- EASEMENT #416 414 #412 Z Q co �•'• •. — — — — .•'20' UTILITY ESM'T '' — — — � � Q w C? • ''' 41.12" 835>!' 8.351_' Q 0 Q - rn �i cn o� m N 2020'48u E 208.57' _ - �, � � � � N FORTRESS DRIVE N 50' R/W � "�' z 0p m h wo o� C5•'... 48..T7'' 8001'.: 80.61. ',' o 0 1D' DRAINAGE .'.'. ,'�`'r l 20' UTILITY ESM T '— — EASMENT — {: o N - -Z -417 ---- r----415 -- r----413 --- `- °° ���� � Om cn o SEE SHEET 5 OF r^ �N _ I I uj 0- LOT 126 LOT 127 I �I I LOT 124 I ^ I LOT 122 ^� p, 16,123 SQ. FT. , I I ;�,I ff 15,002 SQ. FT. I ^I I 15,115 SO. FT. �1 . N DETENTION . ,`; i:. :.::. �' •: � I ti',°; • •POND•: `::,..; • :•, : ::�• .S�,.F';� `;:%s.•"~y - — — — — — — — — — ' ::'fi =EASEMENT':" ° ._~. �`� • ;:.,-`:�;- LP 0'- ZONING DISTRICT BUFFER - (25' INACTIVE, 25' ACTIVE).,' • , .�. .,, ,—, m' r �s: 20' DRAINAGE;' • �; ::.; • .s .; .::,; ••� :.; ..•. ;.; `'� `-'8001 .;`EASEMENT: ,: Y,.• ,, S 202048" W 515.26' SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 ZONED: M-2 USE: INDUSTRIAL 3EE LINE & CURVE TABLES SHEET 3 OF 6 FINAL PLAT OF SUBDIVISION STAR FORT SECTION UI STONEWALL MAGISTERIAL DISTRICT FREOER/CK COUNTY, WRGINIA • y. .t.Y a • t. 'y;• r •j � � 80 --- 0' 50' 100' SCALE — 1 " = 50' DATE.• 1115104 I SCALE — 1 " = 50' 1 SHEET 4 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL officeomarshandlegge.com TH OF A o fir P. Duane Brown No. 001285 ,,,J4n- 15,2004 d,�ND sURV���4 DRAWN BY- C.GREENSPAN DWG NAME: ID5824-PLAT p2a125 `�; L0133 , o LOT ��\ SEE SH :,.:, \ � \ \ram �''l`' -L � • LOT 134 234 LOT 132 � ��9.'.; •� LOT 128(TyP.) EET 6 OF 6 A41����� 15,370 SQ. Fr. i,? 0 h, �.3..... Fs� 20 lo WqR - - �. l EASEMENT )15 W C2 SEE SHEET 6 OF 6 ' �`l �O ; :.r ;.A .: r .. DETENTION ,%`�?� ` ` : ` POND / `� �►;' .:2p,'' ' . C) . EASEMENT LOT 130 18,174 SQ. Fr. �� :/ �S B 421 .. C6''' ' 52.441�� �Q PJ ? / i�'�-41 N 2 ��o`Qcs�••, r'EI LOT 76'; 50' ZONING DISTRICT BUFFER� (25' INACTIVE, 25' ACJVE),[' : S LUlU4fJ 0' 50' 100, SCALE - 1" = 50' 51526' SHOCKEY BROTHERS, INC. PIN 54-A-14 DB 748 PG 688 ZONED: M-2 USE: INDUSTRIAL WE TABLES SHEET 3 OF 6 FINAL PLAT OF SUWIVOON STAR FORT SECTION V1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE 1115104 1 SCALE - I" = 50' I SHEET 5 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL office0marshandlegge.com TH Op' Tr O r� P. Duane Brown No. 001285 ,,,J4n- 15 ,2oo4 lgND svRl��o4 DRAWN BY: C. GREENSPAN DWG NAME: ID5824-PLAT 15 HARDISON, BYRON & SELDON (REMAINDER 31.216 ACRES) C 002�1PIN 54-A-1 0� DB 845 PC 895, DB 845 PG 904, DB 853 PG 1 �N LOT 80 ZONED: RP & B-2 USE: VACANT N 5950�1g" N 6925'lluE N 6920;34 E N 6852:52"E :�:':';•:``�',� \ 55.66'ft �� ::;.t;,^; :• '20' DRAINAGE = "; ..:82..J5'' EASEMENT �:: ;.:.:{; .`- :s,• `' :� ;'g`�� �`. 4.8 25' BRL(TYP.) I I I— I LOT 135 ; I i i I SEE SHEET 5 OF 6 LOT 131 15,143 SQ. FT. ;-- LOT 133 ;o 15,010 SQ. FT. I :_ LOT 128 15,118 SQ. FT. cl- I Im I I IW m :I . I_ m ilk 1� I e4 �tWf1,�1 I W j ___—__—J L__35' BRL(TYP�__-- J� L_ 1�•;. or1.- ���� of 428 I426 I --#424--------1'��aN� Z ' 20TUTlLITY ESMTT. -95.00' ' :�66.04 • .�C4 :'•r.'" •�.^ W N N_ 6922'10 ° E 256.04' � - —e— - --- C1 o " FORTRESS DRIVEN 50' RIW N 4,385'- $.330 , • : rr ' ``D S 6922'10" :::: ;8,350: : : : :—r--f .:,.4�� pL6'.+ 20' UTILITY ESM7 -� 11�: _}�I :; DL2;.' DL3 �.,.; L ,:.:,�;.DL5•} ;.• .DI__:�•� v •1.•. q. •. •.1 t a`. f.,. }•.: '••: i••�"'••• } ..... r.' �:A•r;•t�'ir' .•-• — — _ — — — p .' PERMANENT SLOPE.:;: ' �t..• #4294 ���,:�r.':`:`r•: ;:dc DRAINAGE EASEMENT., ; • •:pL9" I I 8.3.50' 8350' 94.55' S 6922'10" W J80.40' T 0' S0' 100' / PUMP I LOT 77 FREDERICK COUNTY STATION ' /� INSTR TIQ 030028725 SCALE N 1 = 50 LOT ) LOT 76 I I I I � #425 � SEE'i SHEET 5 OF 6 LOT 78 o i� iLOT 130 I �V I I I •� � I � LOT 136 I LOT 134 I i 15,030 SQ. FT. 15,030 SQ. FT. LOT 132 15,453 SQ. FT. II r II N I IN I IN ' I i Nli li � lis I DETENTION I 169� l i i l POND I i i I i EASEMENT � �o., -- i= Y. FINAL PLAT OF SUBDIVISION STAR FORT SECTION III STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE 1115104 I SCALE N 1 " = 50' I SHEET 6 OF 6 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL office®marshandlegge.com _,;•�,TH OF Tr P. Duane Brown No. 001285 Jon. /5,200¢ 1 lAND svRv��o4 DRAWN BY: C.GREENSPAN DWG NAME: ID5824-PLAT COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: RON MISLOWSKY COMPANY: G.W. CLIFFORD & ASSOCIATES FAX #: 665-0493 Remarks: Date: 06/ 18/04 Number of Pages (including cover sheet) 2 From the desk of: Patrick T. Davenport TRANSMISSION VERIFICATION REPORT TIME 06/18/2004 15:18 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATE,TIME 06/18 15:17 FAX NO./NAME 96650493 DURATION 00:00:32 PAGE(S) 02 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 + Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX.540/665-6395 FAX TRANSMISSION TO: RON MISLOWSKY COMPANY: G.W. CLIFFORD & ASSOCIATES FAX #: 665-0493 Date: 06/ 18/04 Number of .Pages (including cover sheet) 2 Department of September 21, 2005 Mr. P. Duane Brown Marsh & Legge Land Surveyors, P.L.C. 560 North Loudoun Street Winchester, VA 22601 RE: Star Fort, Section VII Preliminary Final Plats Review Dear Mr. Brown: CK 540/665-5651 FAX: 540/ 665-6395 I have had the opportunity to review the preliminary final plats for Star Fort, Section VII, received by our office on September 16, 2005. I offer the following comments: For the final plats of all Section VII: 1. On Sheets 4-7 of 8, adjust the lot square footage that does not match up to the approved Subdivision Design Plan (SDP) 421-02. On Sheets 2 and 4-6 of 8, the final plats list the property to the north of the project as PIN 54- A-14. SDP 421-02 lists the property as 54-A-15, and our records show that it is listed as 54- A-22. Please clarify this issue. On Sheets 4-6 of 8, SDP 421-02 shows a 20' drainage easement, not a 50' drainage easement, within the 50' zoning district buffer. Please adjust. On Sheet 6 of 8, SDP #21-02 shows a slope and drainage easement for lots 110 and 112, which are not captured in the final plats. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Mr.-P., Duane.:Brown,�Marsh & Legge Land Surveyors, P.L.C. Re: Star Fort, Section VII, Preliminary Final Plat Review September 21, 2005 I am returning the preliminary copy of the final plats to make the necessary revisions. 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 provided on the revised final plats. An appropriate guarantee will also be required prior to final plat approval. If you have any questions, please feel free to call. Sincerely, Bernard S. Suchicital Planner I Y.ISOMI Attachment W RECORDED PLATS c FOR SIGNATURE r, 16 ^,n .„ O / Owner/Applicant/Agent: --h j c h 0. A d Address: �kL / r !� J 0, n- 1,2✓-e ��d n 3 �I W' o c_k, 5 i Phone Number: �� ` hrn PARCEL INFORMATION Type of Plat: r' A cL / f- � i v�'� i C� �n Zoning District: No. of Lots: � �-( Comments: Property Location/Subdivision: Z Z c� r r) Y- , q hi e,-1 _ e d Ciz�s S Magisterial District: 6�0-No- Property Identification Number (P.I.N.): f14 _ 1 (Parent Tract) Frederick County Department of Planning and Development 107 North Kent Street • Winchester, VA 22601 Phone: (540) 665-5661 Fax: (540) 665-6395 0ALand Use ApplicationslApplication Formsirecordation of plats.wpd (06/28/05) .s COUNTY of FREDERICK i� Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM TO: Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Development FROM: Joe C. Wilder, Deputy Director, Department of Public Work C'j IU-9 SUBJECT: Star Fort, Section 7 - Recorded Plats DATE: September 12, 2005 We received a letter from Patton Harris Rust & Associates dated September 9, 2005, which has addressed the drainage issues associated with this section of the project. An alternate design has been submitted and approved which addresses the applicable drainage issues from six (6) lots located in section 7. Therefore, we recommend the release of the recorded plats for section 7. Implementation of the alternative drainage design will be addressed during the construction phase of the project. JCW/rls cc: file DAstarfortsect7 releaseplats.wpd S E P 1 4 2005 107 North Kent Street - Winchester, Virginia 22601-5000 T Immediate TX Result Report ( Sep, 13. 2005 8:51AM ) * * * Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Sev. 13. 8:49AM 97223787 G3TES 1 "46" P. 9 OK 2159 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine . Reduction * LAN —Fax + Delivery Q RX Notice Req. A RX Notice COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 5401665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: FAX #: 7 Remarks: Date: Number of P ges (including cover sheet) FM''�From the desk of: 1 COMMONWEALTH ®f VIRG DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 December 29, 2004 Mr. Richard Hardison P. O. Box 2834 Winchester, VA 22604 Ref: Star Fort Subdivision, Section 5 Caliber Court and Sentry Court Frederick County Dear Mr. Hardison R WE DEC 3 0 g�FREDERICK COUNTY LANNING & DEVELOPMENT JERRY& COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 As requested by your contractor, R & G Construction, I performed an inspection of the right-of- way improvements performed on Caliber Court and Sentry Court in Section 5 of the referenced development. We accept the construction phase at this time. However, the installation of the ditch line around the cul-de-sac has not been completed at this time. I will still maintain our acceptance at this point with the understanding this remaining work is to be completed by your contractor once the adjoining lots are completed. The exact need and location of the ditch can be determine at that time. Please be advised the streets and right-of-way &-ea must be re -inspected and must be kept to VDOT standards prior to inclusion of this street into the State Secondary Road System. Should you have any questions, please call. Sincerely, Dwight . Hawkins Trans. Contract Administrator DWH/rf xc: Mr. Eric Lawrence Mr. Gary Brown w/ R&G Construction VirginiaDOT.org WE KEEP VIRGINIA MOVING COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 FILE ttoay TO: John R. Riley, Jr., County Administrator FROM: Candice E. Mills, Planner I RE: Historic Star Fort Meeting Summary DATE: June 2, 2004 On May 5, 2004 Planning staff held a meeting regarding the current status and future plans for the historic Star Fort site. Staff will work with the Shenandoah Valley Battlefield Foundation (SVBF), the Star Fort developer and the Star Fort Property Owners Association (POA)/Middlesex Artillery - Fleets Battery Inc., to successfully transfer the Historic Star Fort Site to the SVBF. Staff will also work with the POA to establish a financial management system for the collection of dues from the Star Fort Subdivision. Attached is a summary of this meeting. Please do not hesitate to contact me if you have any questions. CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 Historic Star Fort Meeting Summary Held on May S. 2004 On May 5, 2004 Planning staff held a meeting regarding the current status and future plans for the historic Star Fort site located in the Star Fort Subdivision. Attendees of the meeting were Robbie Rhodes and Nick Nerangis of the Middlesex Artillery -Fleets Battery, Inc. (also serving as the directors of the Star Fort POA), Howard Kittell of the Shenandoah Valley Battlefield Association (SVBF), Bob Jolly from the Virginia Department of Historic Resources (DHR), Eric Lawrence, Planning Director and Candice Mills, Planner I. The meeting started off by asking the members of the Middlesex Artillery if they are actively collecting dues from the Star Fort subdivision for the maintenance of the historic Star Fort site. The issues of dues was mentioned because some residents of the subdivision are apparently unaware that a property owners association exists for the subdivision and that dues are collected for the Historic Star Fort Site. Mr. Rhodes stated that dues are currently being collected from the residents of the subdivision; however, due to high turnover of owners, it has been difficult to collect all the dues from every property. The dues being collected from the subdivision are currently being placed into an account at The Marathon Bank for use in the future. Due to the fact many existing residents of the Star Fort Subdivision seem unaware of the POA and the dues, a neighborhood meeting should be held to inform them of the POA and the Historic Site. Mr. Rhodes stated that Middlesex Artillery would like to turn over the Star Fort site to an entity that would be capable of preserving the site and implementing the Star Fort Management and Interpretation Plan. Mr. Rhodes stated that the implementation of the plan would cost around $300,000. Both Mr. Rhodes and Mr. Nerangis were comfortable with the SVBF taking over the site. Mr. Kittell stated that once a plan for the collection of the dues is in place, the SVBF would probably take over the preservation and management of Star Fort. Hiring a collection service to collect the dues and manage payments was the idea that everyone thought was appropriate. Mr. Kittell indicated that the SVBF would prefer hiring a collection agency to collect instead of the SVBF worrying about collecting the money itself. Mr. Kittell stated that before the SVBF could take over the site, the SVBF executive board would have to discuss it. Mr. Rhodes and Mr. Nerangis were not sure if the restrictions on the Star Fort property had any clauses regarding giving the property to others; they are willing to assign management rights of Middlesex Artillery -Fleets Battery Inc. to the new entity if necessary. Other issues that were expressed during the meeting were that the Star Fort property should become a tax exempt property, and that the back two -acre portion of the Star Fort site has not been dedicated to them per the approved Master Development Plan. Staff informed Mr. Rhodes that they would look into the back portion of the site not being dedicated to them yet. Mr. Rhodes and Mr. Nerangis stated that if the SVBF does take over the site, there are some things that they would like to see. They would like a marker or plaque as a tribute to John Perry (the founding member of Middlesex Artillery), as well as some rifle placements, the magazine entrance, as well as some other items showing what the site looked like when it was used during the Civil War. They were also willing to donate relics they have found at the site to the SVBF if they take over the site. Mr. Jolly of the DHR stated that he would like to do an archeological dig on the back section of the Star Fort Development before they begin construction of the houses. He stated that this dig would not affect the development and would not cost them any money, he only needed their permission to conduct the dig. County staff informed Mr. Jolly that they would contact the property owner to see if they were amenable to this proposal. Planning staff has since learned that the site has already been cleared for construction and Mr. Jolly feels that it is not possible to conduct a dig. It seems that the appropriate resolution of management of the Star Fort site and collection of dues, is to first see if the SVBF board is willing to take over the Star Fort site. It might also be appropriate for the SVBF to assume financial responsibility. If they are willing to take the site, then they could take bids from collection agencies to take over the collection of the dues for the subdivision. Once the issue of who will collect and manage the money is worked out, then the transfer of the Star Fort property should take place between Middlesex Artillery and the SVBF. After the property has changed hands, the members of Middlesex Artillery, acting as the POA directors, should hold a meeting with the members of the Star Fort Subdivision to elect new POA directors. Therefore, the officers of the POA would be members of the subdivision, yet a sound financial management system will have already been established and managed by the SFVF. The Planning Department will ensure that there will be no additional lot approvals in the Star Fort Development until Middlesex Artillery receives the additional two acres. Since there have been issues with residents being unaware of the Property Owners Association and dues for the Historic Star Fort Site, staff will contact the Star Fort developer to confirm that lot purchasers are informed of the existence of a POA and the covenants. Staff will work will with the SVBF to help them take over the Historic Star Fort Site. Middlesex Artillery's members will be included in every step of the process, and informed of every decision that is made for the site. Staff will also work with Middlesex Artillery to conduct a POA meeting with the existing residents of the Star Fort Development to inform them of the existence of the POA and the dues, and to inform them of what is going on with the site. We hope to have a successful transition of the site with all parties involved and amenable to every decision. The target date to have all issues resolved and the site transferred is December of 2004. OFFICIAL USE Postage $ CergNed Fee Retum geciept Fee Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) $ �D Total Postage & Fees Certified Mail Provides: e A mailing receipt (a,vanaa)ZOOZeunf'009EwjodSd ■ A unique idenfifie} for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mail® e Certified Mail Is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. s For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". a If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Me receipt is not needed, detach and affix label with postage and mail. , IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. (Domestic Mail Only; No Insureact, Cov&'rage Provided) I Postage $ Certifiedr Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here �/V/,q y M r-i Sent To E3 ------------ RON57M .. Rhodes------------------------------- tti or PO , Box No. 1107 Cedar Creek Grade ----- TY66-T ------------- Certified Mail Provides: (asi-ay) zoos eunr'ooee Wjod Sd ■ A mailing receipt a ■ A unique Identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mail®. ® Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. e For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". s If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. (Domestic Mail Only; No Insurance Coverage Provided) Er M1 OFFICIAL USE M Er Postage $ C3 Certified Fee M 1:3 Retum Reciept Fee l-3 (Endorsement Required) Postmark He e O Restricted Deiiverfe / , (Endorsement Requred) a (� O rq Total Postage & Fees $ M � Sent To o Nick Nerangis _____-__ f`- 3`treef, Apt. No.; ----.._.... . 500 Pegasus Court ---------------------------- or PO Box No. City Stets, ZIF+4-Winttwvst r---VA----7226027------------------- Certified Mail Provides: ® A mailing receipt ,(asjanay) ZOOZ aunt 'oot?8 wood Sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile. is Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. s For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at ,the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. - fILE Copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL June 3, 2004 Mr. Mark Burke 163 Adams Road Winchester, VA 22602 Mr. Robert Rhodes 1107 Cedar Creek Grade Winchester, VA 22602 Mr. Nick Nerangis 500 Pegasus Court Winchester, VA 22602 Gentlemen: Enclosed is the summary of the meeting that was held on May 5, 2004 regarding the Historic Star Fort Site. Staff will work with the Shenandoah Valley Battlefield Foundation (SVBF), the Star Fort developer and the Star Fort Property Owners Association/Middlesex Artillery -Fleets Battery Inc., to successfully transfer the Historic Star Fort Site to the SVBF, as well as establish a financial management system for the collection of dues from the subdivision. Further correspondence regarding actions being taken by the Planning Department staff regarding the site will be sent to you. If you have any questions regarding this information, please feel free to let me know. Sincerely, Candice E. Mills Planner I CEM/bad bc: John Riley, Jr. Eric Lawrence Chris Mohn 107 North Kent Street • Winchester, Virginia 22601-5000 Historic Star Fort Meeting Summary Held on May S, 2004 On May 5, 2004 Planning staff held a meeting regarding the current status and future plans for the historic Star Fort site located in the Star Fort Subdivision. Attendees of the meeting were Robbie Rhodes and Nick Nerangis of the Middlesex Artillery -Fleets Battery, Inc. (also serving as the directors of the Star Fort POA), Howard Kittell of the Shenandoah Valley Battlefield Association (SVBF), Bob Jolly from the Virginia Department of Historic Resources (DHR), Eric Lawrence, Planning Director and Candice Mills, Planner 1. The meeting started off by asking the members of the Middlesex Artillery if they are actively collecting dues from the Star Fort subdivision for the maintenance of the historic Star Fort site. The issues of dues was mentioned because some residents of the subdivision are apparently unaware that a property owners association exists for the subdivision and that dues are collected for the Historic Star Fort Site. Mr. Rhodes stated that dues are currently being collected from the residents of the subdivision; however, due to high turnover of owners, it has been difficult to collect all the dues from every property. The dues being collected from the subdivision are currently being placed into an account at The Marathon Bank for use in the future. Due to the fact many existing residents of the Star Fort Subdivision seem unaware of the POA and the dues, a neighborhood meeting should be held to inform them of the POA and the Historic Site. Mr. Rhodes stated that Middlesex Artillery would like to turn over the Star Fort site to an entity that would be capable of preserving the site and implementing the Star Fort Management and Interpretation Plan. Mr. Rhodes stated that the implementation of the plan would cost around $300,000. Both Mr. Rhodes and Mr. Nerangis were comfortable with the SVBF taking over the site. Mr. Kittell stated that once a plan for the collection of the dues is in place, the SVBF would probably take over the preservation and management of Star Fort. Hiring a collection service to collect the dues and manage payments was the idea that everyone thought was appropriate. Mr. Kittell indicated that the SVBF would prefer hiring a collection agency to collect instead of the SVBF worrying about collecting the money itself. Mr. Kittell stated that before the SVBF could take over the site, the SVBF executive board would have to discuss it. Mr. Rhodes and Mr. Nerangis were not sure if the restrictions on the Star Fort property had any clauses regarding giving the property to others; they are willing to assign management rights of Middlesex Artillery -Fleets Battery Inc. to the new entity if necessary. Other issues that were expressed during the meeting were that the Star Fort property should become a tax exempt property, and that the back two -acre portion of the Star Fort site has not been dedicated to them per the approved Master Development Plan. Staff informed Mr. Rhodes that they would look into the back portion of the site not being dedicated to them yet. Mr. Rhodes and Mr. Nerangis stated that if the SVBF does take over the site, there are some things that they would like to see. They would like a marker or plaque as a tribute to John Perry (the founding member of Middlesex Artillery), as well as some rifle placements, the magazine entrance, as well as some other items showing what the site looked like when it was used during the Civil War. They were also willing to donate relics they have found at the site to the SVBF if they take over the site. d Mr. Jolly of the DHR stated that he would like to do an archeological dig on the back section of the Star Fort Development before they begin construction of the houses. He stated that this dig would not affect the development and would not cost them any money, he only needed their permission to conduct the dig. County staff informed Mr. Jolly that they would contact the property owner to see if they were amenable to this proposal. Planning staff has since learned that the site has already been cleared for construction and Mr. Jolly feels that it is not possible to conduct a dig. It seems that the appropriate resolution of management of the Star Fort site and collection of dues, is to first see if the SVBF board is willing to take over the Star Fort site. It might also be appropriate for the SVBF to assume financial responsibility. If they are willing to take the site, then they could take bids from collection agencies to take over the collection of the dues for the subdivision. Once the issue of who will collect and manage the money is worked out, then the transfer of the Star Fort property should take place between Middlesex Artillery and the SVBF. After the property has changed hands, the members of Middlesex Artillery, acting as the POA directors, should hold a meeting with the members of the Star Fort Subdivision to elect new POA directors. Therefore, the officers of the POA would be members of the subdivision, yet a sound financial management system will have already been established and managed by the SFVF. The Planning Department will ensure that there will be no additional lot approvals in the Star Fort Development until Middlesex Artillery receives the additional two acres. Since there have been issues with residents being unaware of the Property Owners Association and dues for the Historic Star Fort Site, staff will contact the Star Fort developer to confirm that lot purchasers are informed of the existence of a POA and the covenants. Staff will work will with the SVBF to help them take over the Historic Star Fort Site. Middlesex Artillery's members will be included in every step of the process, and informed of every decision that is made for the site. Staff will also work with Middlesex Artillery to conduct a POA meeting with the existing residents of the Star Fort Development to inform them of the existence of the POA and the dues, and to inform them of what is going on with the site. We hope to have a successful transition of the site with all parties involved and amenable to every decision. The target date to have all issues resolved and the site transferred is December of 2004. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: John R. Riley, Jr., County Administrator FROM: Candice E. Mills, Planner 10 RE: Star Fort Property Owners Association (SFPOA) DATE: March 29, 2004 On May 29, 1998 the revised Master Plan for Star Fort Subdivision was approved. The notes applicable to the master development plan concerning the creation of the Property Owners Association were as follows: a) Prior to the approval of the first subdivision plan for the Property, the Applicants shall create a Property Owners' Association applicable to the entire property as required by § 144-32 of the Frederick County Subdivision Ordinance, the principle purpose of which shall be the imposition of a mandatory assessment upon owners of developed lots to assist in funding the operation and maintenance of Star Fort, located adjacent thereto as a park and educational site open to the public. Such Property Owners' Association may have such other purposes, functions and duties with regards to the Property as the Applicants shall determine. b) The Applicants shall ensure that the Property Owners' Association created hereunder shall impose a mandatory annual assessment per developed residential lot in a sum not less than $60 and not more than $250, per lot. The proceeds shall be dedicated to the operation and maintenance of Star Fort by any person, corporation, partnership, other private entity, or any governmental agency, or their successors and assigns (hereinafter "the operating entity"). The assessment shall initially be set at $60 per lot, may not be increased for five years after the formation of the Association, and may hereafter be increased not more than 10% per year. c) The Property Owners' Association 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 entity, for the purpose of operating and maintaining 107 North Kent Street • Winchester, Virginia 22601-5000 Star Fort, provided that such contracts have been first submitted to and approved by the operating entity. In the Deed of Dedication for each section, it states that 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 the Deed of Dedication; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. On October 3, 1996 the Commonwealth of Virginia State Corporation Commission issued the certificate of incorporation for Star Fort Property Owners Association, Inc. On March 13, 1997, action was taken by the Star Fort Development stockholders without formally calling a meeting, to appoint directors to the Star Fort Property Owners Association, Inc. The following were appointed as directors of the Corporation, to hold office until the next annual meeting or until their successors are elected and qualified: Robert M. Rhodes, Nick Nerangis and Mark Burke (these people are participating members of the Middlesex Artillery -Fleets Battery, Inc.). Documentation was provided to the Planning Department on November 21, 2002 regarding the incorporation and appointment of these members to the Board of Directors. The purpose of the Star Fort Property Owners -Association is to collect dues that are meant to maintain and operate the historic Star Fort site located within the development. The SFPOA is authorized to make direct grants of sums raised through the dues. However, dues that are collected by the Star Fort Property Owners Association cannot be provided to the operating entity (Middlesex Artillery) unless and until a budget for the operation and maintenance of Star Fort has 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. Unless waived by the Board of Supervisors, it is a condition of the continued receipt by the operating entity of any funds provided, 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 funds provided. In August of 2000 the "Star Fort Management and Interpretation Plan", which was prepared by OCULUS in association with John Milner Associates, Inc., was finalized. The Frederick County Department of Planning & Development managed this project, which was funded via an American Battlefield Protection Fund Grant. This plan was meant to serve as a guide for future planning and management of the site. The management plan is broken down into eight chapters. These chapters include: Introduction, Historical Overview, 2000 Existing Conditions and Site Analysis, Site Planning and Interpretation, Resource Management Guidelines, Conceptual Plan for Star Fort Management and Interpretation, Landscape Maintenance and References. Chapter 6 of the management plan has a section on preliminary cost estimates by phases for the site. It includes the planning information regarding the costs associated with the implementation of the visitor access, interpretation, and resources management recommendations identified in the plan. Seeing that a 2 financial plan for the site has already been conceptualized, all that needs to be done is implementation by the POA officers. Until a budget for the operation and maintenance of Star Fort has been submitted and approved by the Board of Supervisors, the dues that are supposed to be collected by the SFPOA are to remain untouched in an account. Once the budget has been approved, the SFPOA can begin making grants to the operating entity. Currently, although the SFPOA has been created, there is no evidence that funds have been collected. Indeed, many people that are buying into this subdivision are unaware that there is an association and are also unaware of the dues; this leads staff to the conclusion that dues are not currently being collected. Staff in the past has held meetings with the developers of this subdivision to gain understanding of the process that the SFPOA is using to collect dues and to understand where this money going. However, through these meetings, staff has been unable to gain a clear understanding of what is occurring with dues collection or the operational status of the association. It has been difficult in determining the collection of dues for the development because of the challenges in meeting with the Star fort POA officers. The officers have not submitted any information to the County and have been unresponsive when efforts are made by staff to contact them. Staff has also tried to coordinate meetings between the Middlesex Artillery (POA Officers) and Howard Kittell of the Shenandoah Valley Battlefield Foundation (SVBF), as the SVBF has interest in Star Fort because it is an element of the Shenandoah Valley Battlefield Network. As of this date, 66 residential lots have been approved in the Star Fort Subdivision; however, it is unclear how many of these lots that are occupied are generating dues per the approved Master Development Plan. If you have any questions regarding this information, please feel free to contact me directly. CEMlbad a N ERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 14, 2004 Marsh and Legge Land Surveyors, P.L.C. Attention: Mr. Duane Brown 560 North Loudoun Street Winchester, VA 22601 RE: Star Fort Subdivision, Final Plats for Section VI Dear Mr. Brown: I have had the opportunity to review the Star Fort Subdivision, Section VI, final plats received by our office on January 6, 2004 and offer the following comments: 1. Please provide a statement pertaining to the required contribution by landowners to the Star Fort Middlesex Artillery Battery. 2. On Sheet 2 of 6, provide the density of the project. 3. On each lot, provide the building restriction numbers as indicated. 4. On Sheet 6 of 6, label the pump station and provide legal references. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plats to assist with the revisions. If you have any questions, please feel free to call. Also, 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, Candice E. Mills Planner I CEM/bad Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudonii Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-snail: office@iiiarshatidlegge.coni TRANSMITTAL COVER SHEET Date: January 6, 2004 Re: Star Fort Section VI TO: Mr. Patrick Davenport Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 FROM: P. Duane Brown, L.S. WE ARE ENCLOSING THE FOLLOWING ITEM: COPIES DATE I DESCRIPTION 1 01-02-04 1 Final Plat of Subdivision of Star Fort - Section VI PLEASE CHECK THE ATTACHED PLATS AND LET ME KNOW IF EVERYTHING APPEARS SATISFACTORY. AFTER ALL REVIEW AGENCIES HAVE COMMENTED ON THE PLATS, I WILL MAKE ANY REVISIONS NECESSARY AND CIRCULATE THE PLATS FOR SIGNATURE. CC: Mr. Barry Sweitzer - _ -- Virginia Department of Transportation 9 Mr. John Whitacre JAN 06 2004 Frederick County Sanitation Authority Mr. Ron Mislowsky G. W. Clifford & Associates, Inc. Mr. Richard Hardison CHECKLIST FOR SUBDIVISION FINAL PLATS ✓ A. The title of the subdivision ("Final Plat for........") X AA. Notarized owner's certification IAW 15.1-477 COV. ✓ B. The page number and total pages on each page. X C. Vicinity ap (Scale 1:2,000) showing rods, prope\4ties and subdivisions within 1,000 feet. l , % 'o+Xo D. A written and graphic scale. E. Day, month and year plan prepared and revised. V, F. North Arrow. V G. Magisterial District in which the subdivision is located. ✓ 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 andpage number references. —w ✓ K. Area of each lot, total area of subdivision and area in lots. N�(k 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. ✓ O. Existing and proposed drainage easements with dimensions and locations. %% % P. Location of flood plain limits. _ Q. Location of land to be dedicated or reserved for public use. R. LQcation of required setback lines on each lot. �fS JJP� ON I o4 S �_ S. Location of proposed recreational areas. Page 2 Subdivision Plat Checklist V T. Location of proposed buffers. ✓ U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. jC 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. COUM Ap Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 19, 2003 Marsh and Legge Land Surveyors, P.L.C. Attention: Mr. Duane Brown 560 North Loudoun Street Winchester, VA 22601 RE: Star Fort Subdivision, Section 4A Dear Ron: This letter is to. confirm that the Final Plats for Star Fort, Section 4A, were approved and collected by Mr. Hardison today. A construction guarantee in the amount of $25,000 has been provided to secure the site development. This subdivision allows for the development of 15 single-family detached traditional dwellings. In Section 4A, a revision to the buffer against Middlesex Artillery Battery (MAB) property was approved as well. This revision allows for the preservation of a 20' wide strip of existing woodlands to be preserved in lieu of replanting a single row of deciduous trees adjacent to the MAB property. Please ensure a copy of the recorded plats and deed of dedication are returned to this office. If you have any questions, please feel free to call. Sincerely, �a jda� Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/bad cc: -Richard Hardison ,-Jane Anderson, Real Estate ,.-Lynda J. Tyler, Board Member Stonewall Magisterial District /Tohn Light, Planning Commission - Stonewall Magisterial District Robbie Rhodes em:rles S. DeHaven Jr., Planning Commission -Stonewall Magisterial District 107 North Kent Street • Winchester, V➢rainia 22601-5000 CORPORATE-. Chantilly VIRGINI4 OIEICES' Chantilly Bridgeworer Fredericksburg Leesburg Richmond Virginia Beach YJinchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICEi� Baltimore Columbia F,ederick CernMCIIltoWn Hollywood WST VIRGINIA CFRCE'. /artinsburg T 540.667.2139 F 5=0.665.0493 117 East PiccadRiv Streei. Suite 200 Winchester. Virginia '2501 gilbert W.eliff®rd & associates division of Patton Harris Rust & Associates,pc Engineers. Surveyors. Plonners. Landscape Architects. December 10, 2003 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Star Fort, Section 4A Dear Patrick, I've enclosed revised sheets 2,3 and 4 of the Star Fort 4A,5,6 and 7 Subdivision Design Plans. We've added the conservation easement along the Middlesex Artillery property line, shifting the 20 foot drainage easement and its associated grading into the lots. Please let me know if you have any questions. Regards, gilbert w. clifford & associates ��i Ronald A. Mislowsky, P.E., VP cc: Helen Hall Richard Hardison ' .. DEC 10 2003 ref 12/09/2003 10:57 FAX 1 540 869 5642 ALL FREIGHT DEL 202 Robert M. Rhodes Middlesex Artillery -Fleets Battery 1 107 Cedar Creek Conde Winchester, Va.22602 December 2,2003 Dear Sirs. I understand that thr next section of the star For[ development (Sec4a- tots 67-74 )calls for clear cutting and planting of trees in the 20 foot buffer on their property next to our property line_ 1 have read the letter from the Frederick County Department of Planning and Development. to C.W. Clit%rd and Associates, Gte dated December 2, '2003. I agree with the with the conditions that are one the first page. hope, however, that we can leave the mature trees that are in this area and leave this buffer in a more natural state other than clear cutting and replanting with the minimal amount of deciduous trees. If we ever acquire enough funds to complete Star Fort, the more natural look will better suit the plans which you have on file. Our board hopes that this more natural approach of preserving the mature trees can be utilized and we encourage this approach. It will give a more natural look from the "For[" itself and frankly provide a much better and more appealing buffer, than the minimum trees and type of trees required to be planted by the ordinance. Therefore we approve of the request of the revision as silted in your letter. Please contact me if you have any questions. Sincere] , bbie Rhodes, esident 722-6323 co PY a4 7 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 2, 2003 G.W. Clifford and Associates, Inc. c/o Mr. Ron Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Star Fort Landscaping Requirements Dear Ron: We have received your letter dated November 10, 2003, in which you requested a revision to the landscaping requirements in Star Fort Subdivision. The revisions you requested are to the Subdivision Design Plan (SDP) for Star Fort Sections 4A, 5, 6, and 7, approved on March 31, 2003. Specifically, your proposed landscaping revisions are in two locations. One location is along proposed Lots 98-107 in Section 7 and the other area is adjoining the Middlesex Artillery Battery property. A zoning district buffer is required along the rear property lines of proposed Lots 98 through 107. This buffer includes a landscape screen containing 2/3 evergreen tree types and 1/3 deciduous tree types. Due to the existing vegetation types along this area and the landscape screening requirements, no exceptions can be made to the screening element in the zoning district buffer. The approved SDP requires a landscape screen containing a single row of deciduous trees of an approved type to be planted along the property line between proposed Lots 67 through 73 in Section 4A and the Middlesex Artillery Battery property. The approved SDP also illustrates a 20' wide drainage easement adjacent to the Middlesex property line. You are proposing to establish a 20' landscape conservation easement adjacent to the Middlesex property line with the ability to remove existing trees of 2" caliper and shrubs greater than 36" in height. Covenants and restrictions would be provided protecting this area. This proposal can be approved if the following conditions are met: Shift the proposed drainage easement onto the proposed lots and provide the landscape conservation easement located between the drainage easement and the Middlesex property line. Provide revised plan sheets to be inserted into the SDP and the same revisions to the final plats. Obtain written permission from the owners of the Middlesex property. The letter of approval must be provided to this office along with the letter of request to establish this revision of the landscaping requirements prior to final permission to be granted for this revision. 107 North Kent Street • Winchester, Virginia 22601-5000 Letter to Ron Mislowsky RE: Star Fort revised landscaping plan Date: December 2, 2003 Page 2 Please feel free to call if you have any questions regarding the approval of this subdivision. Sincerely, Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator PTD/bad cc: Mr. Richard Hardison Duane Brown, Marsh and Legge Land Surveyors Middlesex Artillery c/o Mr. Rhodes 1107 Cedar Creek Grade Winchester, VA 22602 • C: gilbert w. clifford & associates INCORPORATED 1.972 Engineers — Land Planners — Water Quality November 10, 2003 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Star Fort Section 4A,5,6,7 Dear Patrick, Construction has begun on the infrastructure to serve the final sections of Star Fort. As the clearing operations progress, the type and density of the existing vegetation at the property boundaries has become evident. The Subdivision Design Plans require landscaping screens to be established along the Middlesex Artillery and Shockey boundaries. At the Middlesex line, a row of deciduous trees are to be planted, along the Shockey line behind lots 98 — 107, an evergreen screen is required. The existing trees and shrubs in both of these areas is well established. The developer would like to establish a 20 foot .conservation casement along both of these boundaries to restrict the removal of any existing trees of 2" caliper and shrubs greater than 36" high. This would allow the underbrush to be cleared, cleaning up the area and providing room for those remaining plantings to flourish. We also envision the deed of easement specifying that should the lot owner remove the existing vegetation, they Would be responsible to plant the trees and shrubs required by the Subdivision Design Plans. If you believe this change is possible and agree with us that an established natural screen would provide a better screen to the adjoining uses, Richard Hardison and I would like to meet to review the details of this change. It might be reasonable to meet on the site and inspect the existing tree line. 1 look forward to hearing from you when you return for your travels. Regards, gilbert w. clifford & associates "Ronald A. Mislowsky, P.E., VP cc: Richard Hardison 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaramCearthlirik.net A9ember Americtin ConstiltirrS Ejtgittec!rs Cotencil Z'd E6�10-S99-ObS •00sse B pj0jj! j0 •m•2 dLS:ao 60 01 AON r� G] Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. t 17 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Star Fort, Sections 4A, 5, 6, and 7 Frederick County, Virgina Dear Ron: June 2, 2003 COUNTY -of FREDERICK Department of Public Works 540/665-5643 FAX: 54 A/ 673-0682 Upon review of the revised subdivision plan dated May 14, 2003,the elevation changes ' and ditch linings are so noted. Ensure that the contractor has revised sets of plans. The as-builts will also ensure that the ponds and ditches are constructed properly. Sincerely, Joe C. Wilder Civil Engineer JCW/rls cc: Frederick County Planning and Development file \:\re%'Aa r614A-7cum.Ncpd 107 North Kent Street - Winchester, Virginia 22601-5000 x "ILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 April 1, 2003 T.W. Clifford and Associates. Inc. Attn: Mr. Ron Mislowsky 17 East Piccadilly Street. Suite 200 'Winchester. Virginia 22601 11E: Star Fort Subdivision, Sections 4A, - 7 Subdivision :[Design Plan Dear Ron: This letter is to confirm that the Subdivision Design Plan (SDP) for Star Fort Sections 4A through 7 has been approved. Enclosed are three (3) signed copies of the cover sheet for your records and distribution. It is now appropriate to submit the final plats for review. In addition to containing the approval signatures of VDOT and the Sanitation Authority, an appropriate guarantee must be provided before the final plats will be approved by this office. If you have any questions, please feel free to call. Sincerely, Patrick T. Davenport, CZA ironing and Subdivision Administrator Enclosure P TD/kac �X.: Mr. Richard Hardison U:\Patrick\Common\S_D Revi�'di/O�i�IItCi{EtEeC appt}liiCtli��Ster, Virginia 22601-5000 Re: Tax payment status request: Star Fort Subject: Re: Tax payment status request: Star Fort Date: Mon, 31 Mar 2003 13:09:51 -0500 From: Wayne Corbett <wcorbett@co.frederick.va.us> To: "Patrick T. Davenport" <pdavenpo@co.frederick.va.us> That parcel number is ok. Wayne "Patrick T. Davenport" wrote: > Hello Wayne, > Star Fort Subdivision Design Plan is about to be approved. > I am requesting the tax payment status for the following property in the > name(s) of: > Seldon Inc. > Richard G. Hardison, Inc. > Richard & Byron Inc. > c/o All Freight Delivery Systems > P.O. Box 2834 > Winchester, VA 22604 > PIN: 54-A-1 > Thanks > Patrick 1 of 1 3/31/2003 2:38 PM gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality March 20, 2003 Candice Mills Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Star Fort 4A-7 Dear Candice, 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 We've revised the plans per your comments of 24 February 2003. I've enclosed a set of plans for your approval. The changes are: 1. We've incorporated the zoning district buffer into the BRL, 2. We've revised the rear yards of lots 68, 79 and 106, and 3. We've added the Deed Book and Page Numbers to the adjoining owner reference. If you have additional questions, please do not hesitate to call. Regards, gilbert w. clifford & associates, inc. Jnald WAMislowasky, P.E., VP MAR 2 0 200� FREDERICK COUi ,, PLANNING & DEVELOP 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council � n 'L COPY COUNTY of FRE+ DJERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 February 24, 2003 G.W. Clifford and Associates, Inc. Attn: Mr. Ron Mislowsky 117 East Piccadilly Street, Suite 200 til7111chester, Virginia 22601 P:F. Star .Fort Subdivision, Sections 4A, - 7 Suk>divisioen Design Plain Second Review Subdivision # 21-02 C1,2a.r Roil: I .L- ave had the opportunity to provide a. second review of Star Fort Subdivision. Sections 4A thru 7, Subdivision DCsi�Tn Plan(SDP), received by our office on February 20 2003. i offer the following comments: 1. The -50' 7olliiig buffer/landscape screen ileedsl:o be merged with the bui ldang restriction lines ofthe lots it goes through. BRL's cannot go through the buffer. Lots 68., 79, and 106 need to have rear 25' foot setbacks. - ©n Sheet 2 of 14, provide the legai references (deed book and page number) forthe adjoining properties Please address the above comments and re -submit. 1 am enclosing a. marked copy of the plans for your r:rfereilce to assist with the revisions. if you have any questions, please feel fi-ee to call. S ii��cerely, Candice F. Mills Pianner l Enclosure CE:Vi/PTD,/kac CC: Mr. Richard Hal•di.soll U:rCsndice\SD Kevic«s\Star Foil 4P.,_7 s_d review.wlxl 107 North Kent Street ® Winchester, Virginia 22601-5000 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality February 20, 2003 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Star Fort 4A, 5, 6, 7 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 We've revised the Subdivision Design plans per your comments of 19 November 2002. I've enclosed a set of plans for your approval. The changes are: l . The section designations have been added to the cover sheet. 2. The plans have been dated. 3. We've noted that the homeowners are responsible for the maintenance of the proposed plantings. The developer is responsible for their installation. 4. We've substituted a landscape screen for the walking trail at your suggestion. 5. The zoning district buffer has been added to sheet 2. 6. A building setback tabulation has been added to sheet 2. 7. The environmental disturbance calculations have been added to the plans. The woodlands calculation is provided on sheet 2. The steep slope summary is on sheet 8. 8. A 10' BRL on lot 77 has been added at the pump station parcel. Please note, as the access to the station is in an easement, the 35' set back would not apply. 9. The adjoining properties have been labeled. 10. All drainage easements have been labeled. 11. The engineer's seal has been signed. If you have any further questions, please do not hesitate to call. Regards, gilbert w. clifford & associates, inc. J&aldAtislowsky, P.E., VP O !} , "' I l L _ FEB 2 0 2003 FREC*_RIC.,: _^i 1, PLANNhii-0 to LIEVELGr;vIE 11T 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net MemberAmerican Consulting Engineers Council �Qt COUNTY Of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 19, 2002 G.W. Clifford and Associates, Inc. Attn: Mr. Ron Mislowsky 117 East Picadilly Street, Suite 200 Winchester, Virginia 22601 RE: Star Fort Subdivision, Sections 4A, - 7 Subdivision Design Plan Review- Subdivision # 21-02 Dear Ron: I have had the opportunity to review the Star Fort Subdivision, Sections 4A thru 7, Subdivision Design Plan (SDP) received by our office on November 6, 2002. This plan will not obtain final approval until the requirements on the approved Star Fort Master Plan are met regarding the mandatory assessments for the preservation of Star Fort. Regarding the draft SDP, I offer the following comments: 1. Add the text "Section 4A, 5, 6, & 7" to the title on Sheet 1. 2. Provide a specific day of plan preparation. 3. The proposed plantings between Star Fort and Lots 67 and 69-73 are the responsibility of the developer. Provide a planting detail illustrating this requirement. ✓ 4. The proposed pedestrian trial illustrated on the approved Master Plan is missing from the SDP. The trail must have several points of access via a pedestrian easement connecting to the proposed State roads. Provide a cross section of construction detail for this trail. ✓ 5. Depict the zoning district buffer on Sheet 3 and extend the buffer to include the Northern lots. V' 6. Provide a building setback tabulation. ✓ %. _ Include the environmental disturbance in the development summary tabulation. 8. Building Restriction Lines (BRL). Lots 76 and 77 need a 35' BRL along the access road to the proposed pump station. Lot 77 needs a 10' BRL along the actual pump station parcel. 9. Provide the Property Identification Numbers and legal references for the adjoining properties 10. Illustrate all necessary drainage easements on Sheet 3. 11. Provide the engineer's seal/certification. 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, Patrick T. Davenport Zoning and Subdivision Administrator Enclosure PTD/bah cc: Mr. Richard Hardison U:\Patrick\Common\S_D Reviews\Star Fort\Star Fort 4B_7 s_d review.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 March 27, 2003 Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Star Fort, Sections 4A, 5, 6, and 7 Frederick County, Virgina Dear Ron: COUNTY of FREDERICK Department of Public Works 540/665-5643 . FAX: 540/ 678-0682 Upon review of the revised subdivision plan dated February 17, 2003, it -appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Sincerely, / c Joe C. Wilder Civil Engineer JCW/rls cc: Frederick County Planning and Development file C: \Co reRNA"ord P erfectMi on d a\revstarfrt4A-7 com.wp d 107 North Kent Street • Winchester, Virginia 22601-5000 I COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 December 5, 2002 Mr. Ronald A. Mislowsky, Jr., P.E. Vice President G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Subdivision Plan Comments - Star Fort - Sections 4A, 5, 6, & 7 Frederick County, Virginia Dear Ron: Upon review of the subject subdivision plan, we offer the following comments: 1) The proposed stormwater ponds will create point source discharges onto Shockey's property. The location of the discharges from the pond are on the property line. It will be necessary to obtain drainage easements from Shockey to discharge onto their property. Provide downstream channel analysis to verify the adequacy of the downstream discharge area. Also, provide a low flow ditch or French drain in the bottom of the ponds to preclude ponding of water. 2) The proposed ponds shall be maintained by a Homeowners' Association. Provide a recommended maintenance schedule for the subject ponds. 3) Provide the Frederick County Street Name Sign detail on the plan. 4) Provide an overlot grading plan for the entire subdivision which reflects finished floor elevations, final grades, etc. Because of continual drainage problems within all subdivisions, it will be necessary to ensure that all drainage ditches and channels have at least a two percent slope. If a two percent slope is unachievable, it will be necessary to provide a paved channel or an underground stormsewer system. A Asta rfrt4a567com.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Star Fort Sections 4A, 5, 6, & 7 Comments Page 2 December 5, 2002 5) It will be necessary for the developer to perform grading within the drainage easements during the initial grading operation phase of the subdivision. Once these comments have been addressed, submit two (2) copies of the subdivision plan for further review. Sincerely, J7. I -,- a //: 4 - Joe C. Wilder Civil Engineer JCW/rls cc: Frederick County Planning and Zoning file A:\starfrt4a567com.wpd t / 1/rg16?7 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.' J original property identification number. page number and total pages on each page. ./ name of the owner and/or subdivider 1� vicinity map [scale of one to two thousand (1:2000)1 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. Y North arrow. name of the Magisterial District where located. y zoning of all land to be subdivided. v boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to / the nearest one-hundreth (1/100) of a foot. V topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for V/ each adjoining parcel. proposed use of each lot, with the number of lots in each i,f use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 r location and area of each parcel of common open space and '/ the total area of common open space - location, 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. �,Uv--/l ory S ���1r3 stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. V proposed grading plan including spot elevations and flow / arrows. V 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. //I I" 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. Lis 76t77 Se4Gck location of required setback lines on each lot. SUmrhury fi 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. s' 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 / 1permit. signature line for the Subdivision Administrator. 12 -'A REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire Marshal Attn: Fire Marshal 107 North Kent Street Winchester, VA 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, I" floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inc. c/o Ronald A. Mislowsk 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Star Fort Subdivision Sections 4A, 5, 6 and 7 Location: Fortress Drive, '/4 miles east of US Route 522 Fire Marshal Comments: Fire Marshal Signature & Date: (NOTICE TO FIRE MARSHAL * PLEASE RN 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. Also, please attach a copy your application form, location map and any other pertinent information. J Control number SD02-0021 Project Name Star Fort 4A-5-6&7 Address 117 E.Piccadilly Street Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Date received 11/5/2002 City Winchester Date reviewed 11/7/2002 Applicant G.W.Clifford & Associates State Zip VA 22601 Tax ID Number Fire District 54-A-1 15 Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-667-2139 Rescue District 15 Election District Stonewall Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Reviewed By Signature Timothy L. Welsh Title Y" Q 1. R r3o, COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 March 7, 2003 Mr. Ronald A. Mislowsky, P.E., V.P. C/O G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Star. Fort Subdivision, Sections 4A, 5, 6 and 7 off Route 522, North Frederick Pike Frederick County Dear Ron: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 This, is to acknowledge receipt of your revised plans dated February 6, 2003 for the referenced project. The plans appear satisfactory, and are approved.. Please advise the developer accordingly. Please provide eight (8) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to .4 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. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky, P.E., V.P. Ref: Star Fort Subdivision, Sections 4A, 5, 6, and 7 March 7, 2003 Pale Two • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attached sketches. • Private entrances will be installed in accordance with VDOT Standard PE-l. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement. settlement. • A 'copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call. Sin cerel Barry J. Sweitzer, Trans. Roadway Engin er For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heirommus Mr. Jeremy Camp REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Gilbert W. Clifford & Associates, Inca C/o Ronald A. M.slowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Star Fort Subdivision Sections 4A, 5, 6 and 7 Location: Fortress Drive, '/a miles east of US Route 522 Virginia Department of Transportation Comments: The application for subdivision of this property appears to have a measurable impact on Route 522, North Frederick Pike and Route 1376, Fortress Drive, the VDOT facility which would provide access to the property. This section of street is current y no in e a ante design and drainage features mus mee a e r nce. A complete set of constru ion p o r v Ron Mislows VDOT Signature and .Date: (NOTICE TO RESIDENT 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. Also, please attach two (2) copies of your application form, location map and all other pertinent information. 7-ci cc.Ln-non__nL- - - - - - - —. . - -- .__4 - -- ---- REQUEST FOR SUBDIVISION COMMENTS 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, 41' 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 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Name of development and/or description of the request: Star Fort Subdivision Sections 4A, 5, 6 and 7 Location: Fortress Drive, 1/4 miles east of US Route 522 Code Administrator Signature & Date: 7 (NOTICE TO INSPECTIONS DEPT. * SE TU IS YPLICA14-�),/L11? 1i � o ivq �.2c LLc) ri NOIT TO APPLI ANTIt is your responsibility to completethis form as accurately asrder to assist the agency with their review. Also, please attach a copy your application form, location map and all other pertinent information. gilbert w. clifford & associates, inc. 150--C Olde Greenwich Drive, P.O. Box 781 Fredericksburg, Virginia 22404 540-898-2115 Fax:540-898-3230 e-mail: clifford@I bigred com To: Frederick County Sanitation 315 Tasker Road Stephens City, Virginia 22655 We are sending you Hand Delivered Shop Drawings 0 Copy of Letter Attached Change Order Prints Plats LETTER OF TRAN,-S_IY'_TTAL Present Date Job No. 18 March 2003 MR 19 2003 Attention: Mr. Jo Re: Star Fort Subdi "U U L Sections 4A, 5, 6 and 7 Under Separate via Samples Plans Copies Date Description 2 Plans FlAre Transmitted 0 For Approval 0 For Your Use 0 As Requested QFor Review or Comment F7For Bids Due Remarks 0 Approved/Submitted 0 Approved/As Noted Return/Corrections 19 the following items Specifications ❑ Other Resubmit for Approval Submit for Distribution Returned Corrected Prints 0 Loan Print/Return Return/with Signatures Copy To: Signed David J. Saunders, P.E., Vice President 3��/ �,� ►�/��' — •g'��R� 1i,F® ti' S /Y0 T,E© - 7 %Eiyr S 4�-AI,4 41Ac - 131V v Rev 3.0 A4 Y /IA 3 7. // / 9 3/10/97 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: T-7-02 Application # Fee Paid QQ If Application / Agent: Gilbert W. Clifford & Associates, Inc. Address: c/o Ronald A. Mislowsky 117 E. Piccadilly Street, Suite 200 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 Richard Hardison Contact Person: Ronald A. Mislowsky Phone: (540) 667-2139 Name of Subdivision: Star Fort Subdivision Sections 4A, 5, 6 and 7 Number of Lots: 70 Total Acreage: 31.34 Property Location: Fortress Drive, I/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: 132: Vacant, Office RP: Residential, Vacant, "Star Fort" 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? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) 15 Number and types of housing units in this development: Number: 70 Types: Traditional REQUEST FOR SUBDIVISION COMMENTS Frederick County Planning Department Attn: Director of Planning 107 North Kent St., 4th Floor Winchester, VA 22601 (540) 665-6352 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 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Star Fort Subdivision Sections 4A 5. 6 and 7 Location: Fortress Drive. '/4 miles east of US Route 522 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. t 1 I FeRIJ i,. '70 � i� �1 (,)0(9 12C,5-t �00 Fc, /0 M) 0D �`r - maw r(q 60-1o�s o' 145 e c k -41 60cA? OK. I1� ! I;I I, ' i I gilbert w. clifford & associates, inc INCORPORATED 1972 l Engineers — Land Planners — Water Quality memorandum To: BarrySweitzer, VDOT John Whitacre, FCSA Tim Welsh, Fred. Co. Fire and Rescue John Trenary, Fred. Co. Building Inspections Joe Wilder, Fred. Co. Public Works Patrick Davenport, Fred. Co. Planning From: Ron Mislowsky Re: Star Fort Date: November 4, 2002 We've enclosed subdivision design plans for the remainder of the Star Fort Subdivision. The remainder of the site will be developed in four additional sections, 4A, 5, 6 and 7. The design represents a continuation of the road network, and utility layout established in sections 2, 3 and 4B. A total of 70 lots are proposed. Each is served by FCSA sewer and water services. A sewer pump station is proposed at the end of Sentinel Court. Five lots on Black Powder will be provided sewer service via individual sewage pumps discharging to a common 2" force main. Environment One grinder pumps are specified for this use. Detention ponds are provided along the eastern property line, protecting the Shockey site from the increased stormwater runoff. Each of these will serve as a sediment basin during construction. Additionally, silt fencing, diversions, inlet protection and check dams are provided to limit transport of sediment from the site. This layout conforms to the requirements of the Master Development Plan. Should you have any questions, please do not hesitate to call. cc: Richard Hardison NOV 0 6 2002 FREDERlCK CC?ii! m— PLANK-WG &t?E'Jks C"? v EPiT 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council J a _ a r M �L O v