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HomeMy WebLinkAbout26-01 Star Fort Section IVB Stonewall - Backfile (2)'' Subdivision Checklist 1. Comment sheets from the following agencies, along wit marked copies of the plan: (Comment sheets are not required if an appr ed MDP is associated ,vith this subdivision unless directed by the Subdivi ' n Administrator.) / VDOT i`3f01, o • cr` Sanitation ority/'/ Hea eminent ::� I spections Department P rea Fire Marshal 11 J- `fit County Engineer ' 2. One copy of the subdivision application TRACKING SHEET Date 0'o Application received. 00 Fee paid (amount: $ Information entered in d-BASE and Reference Manual Z 7.0 File given to Renee' to add to Application Action Summary V- Plat(s) signed by Subdivision Administrator < Approval letter to applicant/agent SeCft �V-V14 -o3 - n Copy of final subdivision plat(s) [with signatures] made anto Mapping and Graphics Manager for structure numbering assignment y� Updated d-BASE and Reference Manual ' d3 le given to Renee' to update Application Action Summary �%-30-03 Final plat(s) submitted with review agency signatures along with: - 4 - 0 -j Recorded deed of dedication 6-,eve� Bond estimate (if required) $157'000. WOperations ManuaRsubdivi sion. irk Revised: 10/18/01 c::) FEB 4 2003 kr!-,H)EWK COUlTY PL - -INhNG & DEVELOPMENT Aft.-Jamo. FEB 4 2003 kr!-,H)EWK COUlTY PL - -INhNG & DEVELOPMENT Aft.-Jamo. nY.c:c:AL RECEIPT :�.'.UIT COURT 1"64CLP i RECEIPT: 03000002045 REE WN17TVP;, P'L ., PAY" PASE, ti./31/03 AT 2:56 7 33 0 2 12,•4 LOC: CO "hiNITY VT LA, N PCT! 100% NAMES* 0 MAP: '4-A-1 PAID Vv �4T DC-1 8 (6/02) 030002127 d WV��r Wa'NN .a cz aaFo.� w ��WC s z ci w� 3 m THIS DEED OF DEDICATION made and dated this,, day of January, 2003 by and between SELDON, INC., a Virginia corporation; RICHARD G. HARDISON, INC., A 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 May 2, 2002, known as Star Fort, Section IV-B, described on the Final Master Development Plan of , Star Fort, Section IV-B, 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 Sentinel Drive, which are hereby dedicated to the public; and, WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half ('/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 ('/4) interest in the subject property, the same having been acquired by Deed dated September 14, 1995, of record in the aforesaid Clerk's Office in Deed Book 845 at Page 895; and, WHEREAS, Richard and Bryon, Inc., a Virginia Corporation, is the owner of one - forth (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 IV-B. 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 IV-B, and the Declarants may apply different restrictive covenants to other sections of the subdivision. w Lq NOW, THEREFORE, THIS DEED OF DEDICATION WITTNESSETH, 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 IV-B, 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 May 2, 2002, 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 IV-B, 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 ('/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 ('/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 & Bryon, Inc., a Virginia Corporation, by Deed dated September 14, 1995, in the aforesaid Clerk's Office in Deed Book 845 at Page 904. All of the lots shown on the plat attached hereto shall be subject to the following restrictions, covenants set forth on exhibit A attached and Articles which are covenants real and running with the land, and shall be binding upon all parties having any right, title and interest and to the aforesaid lots or any part therof, 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 W N thereto, as a park and educational site opened to the public. Such SFPOA may have such other purposes, functions and duties with regard to the property as the Declarants shall determine. Section 2. "Properties" shall mean and refer to that certain property hereinabove described as Star Fort, containing 0.9 Acres, more or less, and a jogging trail ("the Common Areas") and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Star Fort, Section II, with the exception of the Common Areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association: Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison, Inc., and Richard & Byron, Inc: ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided interest in any Lot which is subject by covenants of record to assessments by the Association, 'including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One Membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the, Association. Ownership of such Lot shall be the sole qualification for Membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. When more than one Page 3 person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors; who need not be Members of the Association. The initial Board of Directors shall be appointed by the Declarants to serve until the first annual meeting following this Deed of Dedication; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Common Areas, specifically including but not limited to the rights of ingress to and from the aforesaid Common Areas as shown on the attached plat and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: a. The rights of the Association to suspend the voting rights and the right to the use of the Common Areas by a Member for any.period during which an assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. b. The rights of the Association to dedicate or transfer all or part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be�effective unless an instrument signed by Members entitled to cast seventy-five percent (75%) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate in accordance with the bylaws, his right of enjoyment to the Common Area to members of his family, his tenants, or contract purchasers who reside on the property. Page 4 ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarants, for each Lot owned within Star Fort, Section I1, hereby covenant, and. each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant to agree and to pay to the Association an annual assessment, such assessment to be fixed, established, and collected from time to time as hereinafter:provided in Section 7. The annual assessment, together with such interest, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas: Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of a Lot to an Owner, the maximum annual assessment shall be in the amount of the current per year Lot assessment, provided, however, in no case shall the same be less than $60.00 per year per Lot and may not be increased for five (5) years after the formation of the Association and may thereafter be increased not more than ten percent (10%) per year and in no event shall the same exceed $250.00 per Lot per year. The proceeds of the annual assessments shall be dedicated to the operation and maintenance of Star Fort by any person, corporation, partnership, or other private entity, or any governmental agency, or their successors and assigns (hereinafter the "operating entity"). a. Subject to the above provisions, from and after January 1 of the year immediately following the formation of the Association, the maximum allowable increases of Page 5 not more than ten percent (10%) per year may be increased by a vote of the Members for the next succeeding and at the end of each year's period, for each succeeding period of one (1) year, provided that any change shall have the assent of two-thirds (2/3) of the vote of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not°less than thirty (30) nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles. b. After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Operation and Maintenance of Star Fort: (a) The SFPOA Board of Directors shall be authorized to make direct grants of sums raised hereunder to the operating entity, or to enter into contracts with the operating entity or any other business or entity, for the purposes of operating and maintaining Star Fort, provided that such contracts have been first 1. 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. (e) The operating entity may expend any funds provided hereunder for any purpose Page 6 0 W Cn M 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 n or of proxies entitled to cast thirty-three percent (33%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be sixteen percent (16%). No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Data of Commencement of Annual Assessments: Due Date: The annual assessments provided for herein shall commence as to any particular Lot on the first day of the month following the issuance of a building permit for that Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board of Directors for the issuance of the certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association: Any assessment which is not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner.personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added Page 7 to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by nonuse of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot, which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure or under the terms of a deed of trust sale, shall extinguish the W lien of such assessment as to payments thereof which become due prior to such sale or transfer. co 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 IV-B, 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, and not to the other sections of the Star Fort Subdivision, unless expressly set forth in the dedication of each subsequent section of said Subdivision. Page 8 ARTICLE VII EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarants reserve an easement over the Common Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as shown on the plat drawn by P. Duane Brown, Land Surveyor, dated May 2, 2002, of record in the Frederick County Department of Planning and Development, as amended from time to time, and further subject to Section 3 hereinafter recited. Section 2. Slope and'Surface Drainage Easement(s): The property dedicated hereby is subject to those certain easements or rights of way designated Slope, Drainage Easement (s) on the aforesaid attached plat,, for the purpose of surface water drainage easement (s). No structure of any kind which substantially impedes or obstructs the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plat. Said surface water drainage easement (s) may not be altered or modified without the prior consent of the County of Frederick and the Declarants do hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easement (s) for the purpose of so providing surface drainage. Declarants do further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easement (s), provided, however, that in the event the Association fails to maintain said surface drainage easement (s), then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. Section 3. Reservations: The Declarants reserve unto themselves, their successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment are not located and along the strip ten (10) feet along the front and rear of each Lot and a ten (10) foot strip centered on the side line of each adjoining Lot, and a ten (10) foot strip along the boundary of all non -adjoining Lots, and the Declarants Page 9 reserve unto themselves, their successors or assigns, an easement for telephone, electric, gas and other utility lines, water and sewer lines, and surface drainage over the Common Areas, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Areas. Section 4. Public Access to Star Fort: Declarants herewith declare a public access to Star Fort from the spine road servicing the residential development, as generally shown on the master Development Plan. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy- five (75%) of the Lot Owners and their lenders, if any. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public Page 10 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-B. 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 A. SMITH, President RICHARD G. HARDISON, INC. BYal,, , � 2 �/�-, (SEAL) vRICHARD G. HARDISON, President RICHARD & BYRON, INC. } BY: i`f (SEAL) B RILL, eside Page 11 STATE OF VIRGINIA CITY OF WINCHESTER, TTO=WIT: ,, f �i1 t i�D�t , 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 January,�D�2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this .`day of January, 2003. My Commission Expires,�°e,r�iric%u NOTARY PUBLIC STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT:. I, oAi„4,0 -,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 January:L`2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of January, 2003. My Commission Expires �¢�., PM-)4 10301•IV-B A:DEED of Dedication Page 12 NOTARY PUBLIC EXHIBIT A Use common restrictions and covenants applicable to Star Fort, Section':IV—B LAND USE: No lot shall be used except for single family residential purposes. No beauty shops or similar home -occupations, nor home occupations of any type shall be allowed on any of said lots. No yard sales or similar commercial enterprises may be conducted on said lot. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots unless such recreational camper trailer or recreational vehicle is stored so as not to be seen from any road at any angle of sight. 3. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space, exclusive of open porches, carports, garages, and basements of the following types of dwellings: (a) One story dwellings shall have 1,575 finished square feet; (b) Split-level dwellings shall have a total of 1,760 finished square feet above and below grade; (c) Split foyer dwellings shall have 1,340 finished square feet on its upper level and a total of 1,740 combined; (d) A one and one-half stories dwelling shall have a total of 1,760 finished square feet; (e) Two story dwellings shall have 1,760 finished square feet on each floor; (f) A storage building shall be allowed so long as the same is equal or better in quality of materials of the dwelling house erected on the lot and the same shall not exceed 144 square feet, nor shall the same be greater in height than 8 feet with a 5/12 roof pitch. any storage building shall be compatible with the architecture of the dwelling house erected on the lot; (g) All structures must have a minimum roof pitch of 5/12. 1 CD 4. BUILDING FOUNDATION: All parging of foundation walls above ground level shall b(e) painted so as to conceal the color of the parge. The color of the paint shall be compatibf�2 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. 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. SWIMNIING POOLS: No above ground swimming pool shall be constructed on any lot. 8. SIGNS: No sign of any kind shall be displayed on any lot except a single sign not larger than five (5) square feet advertising the lot for sale which shall be removed as soon as the object is achieved. 9. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 10. SATELLITE DISHES: One (1) TV antenna or satellite dish, not in excess of one (1) meter in diameter, may be allowed so long as the same is attached to the chimney of the house or attached to the rear roof of the house located on the lot. 11. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than forty (40) gallons and shall not exceed two (2) in number. 12. ANIMALS: No animal, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that two (2) cats and two (2) dogs per household are allowed provided the lot be served by an invisible fence. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Star Fort Subdivision. 13. OFF-STREET PARKING: After a residence is built on any of the said lots, the lot owner 2 shall provide in connection therewith, off-street parking space of at least twelve feet (12') by thirty-five feet (35'). The driveway must be paved or hard surfaced by asphalt, concrete, or other approved material by the Architectural Review Committee set forth hereinafter. Provided, however that the developer may waive all or portions of the paving requirements set forth hereinabove. 14. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motor vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as 'one which bears no or an expired license plate and has not been operated within six (6) months on a public street or highway). 0 15. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, CAD 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 c-n intersection of any two street lines. 16. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 17. UTILITIES: All utilities, including all telephone, electric, television, gas, TV cable, etc., shall be located underground. 18. DRIVEWAYS AND CULVERTS: If the construction of a driveway on any lot prohibits the drainage in front of that lot, then a pipe or culvert of sufficient size (and not less than twelve (12) inches in diameter) shall be installed by the purchaser of said lot at his expense. This final determination regarding this requirement will be made by the Virginia Department of Transportation representative who services the property and NO ENTRANCE, TEMPORARY OR PERMANENT, SHALL BE MADE WITHOUT FIRST OBTAINING A PERMIT FOR SUCH ENTRANCE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION. 19. BUILDINGS: No building of any sort shall be place or constructed on any Lot hereby dedicated unless or until plans and descriptions of the same shall have been submitted in duplicate to and approved by the Architectural Review Committee. In addition, the Architectural Review Committee shall approve all exterior colors for roofing, doors, ZD 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 surroundings and shall be compatible with the existing buildings. The power to determine compliance with this standard shall rest solely with the discretion of the Architectural Review Committee who have no liability whatsoever for the approval or disapproval of any such plans. (b) The initial Architectural Review Committee shall consist of three (3) members appointed by the Declarants to serve through December 31, 1999. The Declarantq. shall be solely empowered to fill, by further'appointment, any term which shall become vacant prior to December 31, 1999. (c) Those persons owning Lots hereby dedicated in Star Fort, Section II in the year 2002 and subsequent years, may elect successor members to continue the existence of the Architectural Review Committee. Successor members shall be elected for terms of one (1) year. Each Lot shall be entitled to cast one (1) vote for each Lot owned for each of the three (3) positions to be filled. Any persons owning the lots hereby dedicated shall be eligible for election as successor members. (d) Members of the Architectural Review Committee shall serve without compensation and shall not be liable to any person or entity for any exercise or nonexercise of the powers accorded them. Likewise, a Lot Owner shall not be liable to any person for any exercise of nonexercise of powers herein accorded them. (e) Specifically, no construction of any buildings shall be commenced until the Architectural Review Committee has approved, in writing, the (1) drawings, (2) siting, (3) design or style and construction materials, and (4) the color scheme of the building. (f) The Architectural Review Committee shall have the authority to engage third party architectural advice at the sole cost and expense of the party seeking approval of building plans. 20. WAIVER OF COVENANTS: The Declarant, herein alone reserves the right to waive any of these restrictive covenants. The Declarant or its appointed successor in interest, shall further reserve the right to waive any violation of setback line, side and rear yard setback line. This right of waiver shall not affect the binding effect of the covenants conditions upon any Lot. 21. ENFORCEMENT: The Declarant, herein, and any and every person hereafter having the 0 t ,5 right, title, or interest in any Lot shall have the right to prevent or -stop violation or attempted violation of any of these restrictions by injunction or other lawful procedure, and to recover any damages resulting from such violation. Together with his or her costs and reasonable attorney's fees expended therein, if there is no other adequate basis for determining actual damages caused by violation of any restriction. Declarant's right of enforcement shall survive the closing and delivery of the deed for the benefit of Declarant's interest in other adjacent land. 22. SEVERABILITY: Invalidation of any of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. 10301 C:\OFFICE\WPWIN\CLIENT\STARFORT\SUB.RES - swf 5 v- 37 x867 �. o� Sti � `r - 1 •,� i � c-- „'•, DPP � •r; :�, '`'jai '�: i)pp/i p � � - ::1 1 ry$ •11 ,� ,�`.Y r�\l�t-'Tr t�,i dC Mai cinity CD - Scale: 1 -2000 APPROVED BY co VIRGINIA DEPARTMENT OF TRANSPORTATION DATE ° 6-a i v FREDERICK COUNTY SANITATION AUTHORIT -d DATE ��/%9i� yO /G6�� FREDERICK COUNTY SUBDIVISION ADMIN TRATORDATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of RICHARD G. HARDISON, INC., RICHARD & BYRON, INC. AND SELDON, INC., in as appears the accompanying plats, is with the free consent in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. Vi�and RICHARD G. HARDISON, INC. RICHARD & BYRWN, INC. SELDON, INC. NOTARY PUBLIC N`- ,a Notary Public in and for the State of Virginia, at large, do certify that ' Coma" Cr. 4 .Sri.. whose names are signed to the foregoing Owner's Certificate, have acknowledged the :same before me in my State. Given under my hand this2) 6 day of 3c,-t.. , 2003. My commission expires SA-,c�N 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. P. DUANE BROWN, L.S. FINAL PLAT OF SUBDIVISION , VH OF �J�% STAR FORT o SECTION IV—B 4F�� STONEWALL MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA No. 001285 May z, 2002 DATE: MAY 2, 2002 COVER SHEET SHEET 1 OF 6 l 4 -4'VD 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: 3781 SHEET INDEX LOTS SHEET 58-60 6 61-61 5 64-66 4 STAR FORT SECTION II INSERT 54N ((2)) DB 921 PG 1 37 ZONED: RP USE' RESIDENTIAL 32 35 33 34 6 a w y� 33 a Q1 A Y O 38 ti w Fo 0 66 65 64 3 HARDISON, BYRON & SELDON (REMAINDER N 45.347 ACRES) PIN 54-A-1 62 DB 845 PG DB 9 53 p8 j5 PG 904, ZONED: RP & B-2 USE.- VACANT 61. oe� 59 HARDISON, BYRON & SELDON (REMAINDER - 45.347 ACRES) PIN 54-A-1 58 MIDDLESEX ARTILLERY DB 845 PG 895, DB 845 PG 904, FLEETS BATTERY INC., C.S.A. DB 85J PG 1 PIN 54-A-1 B & 1 C ZONED: RP & B-2 USE. VACANT DB 531 PG 266, DB 544 PG 418 / ZONED- RP USE- HISTORIC r5 THE AMERICAN NATIONAL RED CROSS PIN 54-A-1 D s DB 926 PG 202 ZONED: B-2 USE: RED CROSS AREA SUMMARY MINIMUM SETBACK REQUIREMENTS: AREA IN LOTS 3.1951 ACRES FRONT 35' AREA IN R/W 1.6147 ACRES REAR 25' TOTAL AREA SUBDIVIDED 4.8096 ACRES SIDE 10' NUMBER OF LOTS 9 AVERAGE LOT SIZE 15,464 SF EXISTING ZONING: RP SMALLEST LOT SIZE 15,000 SF PROPOSED USE.- SINGLE FAMILY DETACHED TRADITIONAL PIN 54-A-1 RESIDUAL AREA 45.347 ACRES FINAL PLAT OF SUBDIVISION STAR FORT,tiTH OF SECTION ITT-R f, STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown 200 0 200 - No. 001285 1 ya y 2, 200� DATE: MAY 2, 2002 KEY MAP : 1 '=200' SHEET 2 OF 6'" 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: 3781 40 / 0 W CLIRVF T.4R1 F CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1 41 '4831 " 325.00' : 237.15' 124.13' 231.93' S41 '32'06 "E 2 90'00'00" 35.00' 54.98' 35.00' 49.50' S653750'E 3 81 ' 18'50 " 35.00' 49.67' 30.06' 45.61 ' S28'4245 "W 4 84 2732" 35.00' 51.59' 31.77' 47.05' N6824'04'W 5 45*00'00" 275.00' 215.98' 111.9l' 210.48' S46'52'10"W 6 1 50'24'30" 325.00' '285.93' 152.96' '276.80' S49'3425"W 7 19'33'l4" 275.00' 93.85' 47.39' 93.40, S65'00'03"W 8 18'31'35" 329.00' 106.38' 53.66' 105.92' N6429'13'E 9 41 '4831 " 300.00' 218.9 1' 114.59' 214.09' S41 '32'06'E 10 05'55'19" 225.00' 23.26' 11.64' 23.25' S2335'30'E 11 45"00'00" 300.00' 235.62' 124.26' 229.61' S4652'10"W 12 50 24'30" 300.00' 263.94' 141.20' 255.51 ' S493425"W 13 19'33'l4" 300.00' 102.38' 51.70' 101.89' S65'00'03"W 14 28'4732" 275.00' 138.19' 70.59' 136.74' S48'02'35"E 15 13'00'59" 275.00' 62.47' 31.37' 62.34' S27'08'19'E 16 90'00'00" 35.00' 54.98' 35.00' 49.50' S2422'10"W 17 01 "11 '11 " 325.00' 6.73' 3.36' 6.73' S68*4635"W 18 19'57' 19 " 325.00' } 113.19' 57.18' 112.62' S58' 12' 19 "W 19 2351'30" 325.00' 135.33' 68.66' 134.36' S36"1755"W 20 02'2331 " 275.00' 11.48' 5.74' 11.48' S253356 "W 21 27' 12' 10 " 275.00' 130.56' 66.54' 129.34' S40'21 '46 "W 22 21'07'35" 275.00' 101.40' 51.28' '100.83' S64'31'39"W-- 23 01'20'26" 329.00' 7.70' 1 3.85' 7.70' S7425'13"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 IV-B STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 2, 2002 1 CURVE TABLE SHEET 3 OF 6 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET -; WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 v FAX (540) 667-0469 EMAIL office®marshandlegge.com I,TH OF L't o ��'✓ P. Duane Brown No. 001285 May 2, 2ao2 L9ND sURN�'�04 DRAWN BY: PDB DWG NAME: 3781 0 A �. m O_ cD `J W 1� C7 \ a 37 o Cj� STAR FORT N SECTION II ® O -��� INSERT 54N ((2)) �� DB 921 PG 610 o F ZONED: RP USE.- RESIDENTIAL � 64 \ 15' PRIVATE \ SAN. SEWER ESMT. LOT 63/> 35 i / �w l 15,1025 SQ. FT./::::..... is 34 \ 19.. °41'20"E 116.60' N84 87.59 s6s• a DRAINAGE EASEMENT61 ,:.LOT 62 15, 033 SQ. FT. cb LOT 61 J / ,w 7 5, 904 SQ. FT. 1 / 15' WATER EASEMENT O ar c �,� ��. ��` 200 Sp �l'� � "' / `� / O Q •�c\ `h car O / O' �o 60 1-."—Ex. 20' SAN. SEWER ESMT. MIDDLESEX ARTILLERY / (DB 921 PG. 589) �Q / � FLEET'S BATTERY INC., C.S.A. \ PIN 54-A-1 B & IC / \ DB 531 PG 266, DB 544 PG 418 C ZONED: RP USE. HISTORIC \ 59 O SEE SHEET 6 6 FINAL PLAT OF SUBDIVISION STAR FORT ED SFOTION IV--R STONEWALL MAGISTERIAL DISTRICT. ,,��FREDERICK COUNTY, VIRGINIA n60 0 60 DATE: MAY 2, 2002 SCALE: 1 "=60_' SHEET 5 OF 6 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: 3781 CD C,A.a t'"J D L 39 SM FORT - SECTION II . INSERT 54N ((2)) �O DB 921 PG 610 �h ZONED: RP USE. RESIDENTIAL 15' PRIVATE 0 w / HARDISON, BYRON & SELDON a (REMAINDER - 45.347 ACRES) N PIN 54-A-1 Y DB 845 PG 895, DB 845 PG 904, S DB 853 PG 1 0 �O ZONED: RP & B-2 USE: VACANT w ,. o tp SAN. SEWER ESMr-- 38� \� LOT 66 "w 15, 000 SQ. FT. s (51 37 LOT 65 <� 15, 100 SQ. FT. / LOT 64 1 >O� 15, 000 SQ. FT ��� 500i .. 62 tA 110 �o N V1, UD O c r2 a Tn o o 5692210' w o � •� 61.16 20 UTILITY EASEMENT TYP.) 6 ++W UO N 569 18 V� 4 05 26 53� 63 JP�`P s69 2z,5s �s67 5a �.� o6ry 51 15' WATER EASEMENT 20 UTILITY EASEMENT (TYP.) HARDISON, BYRON & SELDON 19 (REMAINDER - 45.347 ACRES) PIN 54-A-1 DB 845 PG 895, DB 845 PG 904, DB 853 PG_ 1 ZONED: RP & B-2 USE VACANT SEE SHEET 5 / FINAL PLAT OF SUBDIVISION STAR FORT,LTD SECTION IV-BSTONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIA P. Dua60 0 60 No. Ma y DATE: MAY 2, 2002 SCALE: 1 "=60'SHEET 4 OF 6 9N� 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: 3781 1. T -s 0 0' ' THIS DEED OF DEDICATION made and dated this 16`h day of December, 2003 by and between SELDON, INC„ a Virginia corporation; RICHARD G. HARDISON, INC., A 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 December 8, 2003, known as Star Fort, Section IV -A, described on the Final Master Development Plan of , Star Fort, Section IV -A, 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 Sentinel Drive, which are hereby dedicated to the public; and, WHEREAS, Seldon, Inc., a Virginia Corporation, is the owner of one-half (1/z) interest in the subject property, the same having been acquired by Deed dated February 14, 1996, of record in the Office of the Circuit court of Frederick County, Virginia, in Deed Book 853 at Page 0001; and, WHEREAS, Richard G. Hardison, Inc., a Virginia Corporation, is the owner of a one - forth (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 IV -A. 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 IV -A, and the Declarants may apply different restrictive covenants to other sections of the subdivision. CD 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 IV -A, 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 December 8, 2003, 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 IV -A, 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 (1/2) 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 (1/a) 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/a) 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 CD D ` W thereto, as a park and educational site opened to the public. Such SFPOA may have such other purposes, functions and duties with regard to the property as the Declarants shall determine. Section 2. "Properties" shall mean and refer to that certain property hereinabove described as Star Fort, containing 0.9 Acres, more or less, and a jogging trail ("the Common Areas") and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Star Fort, Section II, with the exception of the Common Areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison, Inc., and Richard & Byron, Inc. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One Membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for Membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. When more than one Page 3 0 0 C) .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: 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 owl 0 0 CD ARTICLE V Cn COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarants, for each Lot owned within Star Fort, Section IV -A, hereby covenant, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant to agree and to pay to the Association an annual assessment, such assessment to be fixed, established, and collected from time to time as hereinafter provided in Section 7. The annual assessment, together with such interest, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Properties and, in particular, for the improvement and maintenance of the Properties, payment of real estate taxes, repairs, liability insurance and service and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas. Section 3. Basis and Maximum Annual Assessments: Until January 1 of the year immediately following the conveyance of a Lot to an Owner, the maximum annual assessment shall be in the amount of the current per year Lot assessment, provided, however, in no case shall the same be less than $60.00 per year per Lot and may not be increased for five (5) years after the formation of the Association and may thereafter be increased not more than ten percent (10%) per year and in no event shall the same exceed $250.00 per Lot per year. The proceeds of the annual assessments shall be dedicated to the operation and maintenance of Star Fort by any person, corporation, partnership, or other private entity, or any governmental agency, or their successors and assigns (hereinafter the "operating entity"). Page 5 0 0 0 a. Subject to the above provisions, from and after January 1 of the year immeffitely 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 0 CD 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. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast 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 shall be SMed 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 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 CZ) 0 Q0 ARTICLE VII EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarants reserve an easement over the Common Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as shown on the plat drawn by P. Duane Brown, Land Surveyor, dated 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. 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. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy- five (75%) of the Lot Owners and their lenders, if any. Any amendment must be properly recorded. Page 10 0 Section 4. Dissolution: Upon dissolution of the Association, other than incid—W 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;1,t�6i%t� (SEAL) RICHARD G. HARDISON, President Page II S• STATE OF VIRGINIA & BYRON, INC. 0 N EAL) CITY OF WINCHESTER, TO -WIT: 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 0,916, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of �(��.?,�� , 2003. My Commission Expires \\\\\\iliiiidijlf,f E. vo 0T A R Y ``J' 'NOTARY PUBLIC PURL STATE OF VIRGINIA s /e,A�..®�.� CITY OF WINCHESTER TO-WI`e/,?F OF 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 %��K /1 , /� , 2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this L1_ day of �.w , 2003. My Commission Expires .,/ -_71 -6 Z ^moo pTAR "r, PUB1 \C' 10301-1 V-A\A:DEED of Dedication OF A>ffrpffl3F'.�.t1Fi.e' Page 12 a NOTARY PUBLIC co 0 c.� EXHIBIT A 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. O 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 theme 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 § C) - o 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, 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. 3 (a) Buildings may be of either traditional or contemporary design but must be situa(W21, designed, constructed and finished so as not to detract from the natural beauty oRe surrounds and shall be compatible with the existing buildings. The powetr4o 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 2 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. 10301-I V-A\A:\EXIiI BIT A .pd 5 0 VICINITY MAP 1 " = 1000' SCALE APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE C2i / i�,� �•�csc �. FREDERICK COUNTY SANITATION AUTHORITY DATE fC 0/-- c FREDERICK COUNTY SUBDIVISION ADMINIS TOR DATE /2 /? 03 OWNERS' CER TI FI CA TE 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. HARDIS0N, INC. ]�� ��''' ;�-i DATE /a_1-16 -Cry I I 4 RICHARD & BYRON, IN C, , ctf C'u -� ATE Zf i�� ( SELDON, INC. 2 • -0 3 DATE / Z NOTARY PUBLIC ass\®N. STATE OF n: (3I A F? Fcr ° CITY/GG Y F 0i'ze'p THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON e c�A�•.. � NOTARY PUBLIC MY COMMISSION EXPIRES /J'/Z�� 1111 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 F'EBRUARY 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 SEC TION / V—A STONEWALL MAGISTER/AL DISTRICT FREDERICK COUNTY, VIRGINIA LATE- 1210810J I COVER SHEET l SHEET 1 OF 9 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - EMAIL office0marshandlegge.com TH OF � P. Duane Brown No. 001285 Dec.6�2o0jo+ l�ND svRv'� DRAWN BY: C.GREENSPAN DWG NAME: 195804 N k, LOT 40 / o / i 0 0 o LOT 39 LOT 81 HARDISON, BYRON & SELDON Z (REMAINDER - 37.977 ACRES) T LOT 80 PIN 54-A-1 DB 845 PC 895, DB 845 PC 904, 'LOT 38 0� i�� ` DB 853 PO 1 ZONED: RP & B-2 USE: VACANT z LOT 66 ".� LOT 79 LOT 37 Z.k �" 2 < LOT 65 l LOT 64 RI \LOT 36 5p so `. LOT 78 LOT 63 �O` _ PS ;�'` LOT 68 \`v ( i'�o`��� LOT 77 LOT 76 LOT 67 LOT 69 MIDDLESEX ARTILLERY FLEET'S BATTERY INC., C.S.A. PIN 54-A-1B & 1C DB 531 PC 266, DB 544 PC 418 SHEET INDEX ZONED: RP USE: HISTORIC LOTS SHEET 67-69 4 70-72 5 73-74 6 75- 66 7 77-78 8 79-81 9 PS = PUMP STATION SITE AREA SUMMARY AREA IN LOTS AREA IN RIGHT—OF—WAY AREA IN PUMP STATION SITE TOTAL AREA SUBDIVIDED NUMBER OF LOTS AVERAGE LOT SIZE SMALLEST LOT SIZE PIN 54—A-1 RESIDUAL AREA LOT 7y SHOCKEY BROTHERS, INC. PIN 54-A-14 \ DB 748 PC 688 ZONED: M-2 USE: INDUSTRIAL LOT 74 HARDISON, BYRON & SELDON (REMAINDER - 37.977 ACRES PIN 54-A-1 DB 845 PC 895, DB 845 PC 904, DB 853 PC i ZONED: RP & B-2 USE: VACANT 6.6117 ACRES 0.6866 ACRES 0.0717 ACRES 7.3700 ACRES 15 19,201 SF 15,046 SF 37.977 ACRES SHOCKEY BROTHERS, INC. PIN 54-A-12 DB 575 PO 583 ZONED: M-2 USE: INDUSTRIAL 0' . 200' 400' SCALE - 1" = 200' FRONT 35' REAR 25' SIDE 10' EXISTING ZONING: RP EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY DETACHED TRADITIONAL FINAL PLAT OF SUSDI VISION TH OP STAR FORT SECTION lV-A U�� P. Duane Brown STONEWALL MAGISTERIAL DISTRICT No. 001285 FREDERICK COUNTY, VIRGINIA No.Dec. 0 128 zo 3 DATE.• 1210810.3 KEY MAP 1 " = 200' SHEET 2 OF 9 l9ND svRv`�`�°4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL offce0marshandlegge.com DWG NAME: ID5804 I N \ ' N � g � / M \ o LOT 65 / ? LOT 64lb rj � `�� ESS �R\� • 2 �0� � � � 6� 5� 5� LOT 63 cg GSM \ ;;;:;:. 'f'� \ yam''''•'' . �$ \ �G LOT 68 �...... tis6,� 17,512 SQ. Ff. � • '� �o, ' ;. � LOT 67 ���/�`� �'� ss� / 18,800 SQ. Fr. LOT 69 20,857 SQ. Fr. LOT 70 1-4 MIDDLESEX ARTILLERY �. FLEET'S BATTERY INC., C.S.A. PIN 54-A-1B & 1C DB 531 PG 266, DB 544 PG 41 B ZONED: RP USE: HISTORIC 0' 50' 100' SCALE N 1" = 50' SEE CURVE TABLE SHEET 3 OF 9 FINAL PLAT OF SUBDIVISION STAR FORT SEC TION / V—A STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE' 1210810J I SCALE N 1= 50' J SHEET 4 OF 9 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - EMAIL office0marshandlegge.com TH Op' INS, P. Duane Brown No. 001285 1000004:*� c.lD sUIRt o4 DRAWN BY: C.GREENSPAN DWG NAME: ID5804 I \ HARDISON, BYRON & SELDON N \ \ \ (REMAINDER - 37.977 ACRES) Q ' ' \ PIN 54-A-1 ZS DB 845 PC 895, DB 845 PC 904, o DB 853 PC I ZONED: RP & B 2 USE: VACANT �.".•..�.•.�'.. LOT 78 Z IT 68 SLOT 77 19 LOT 69 SO k�o ¢91 LOT 70 cb �":��•. � '�'`: ;�� ��`� ~LOT 71 -�/`� � .` • . � � :: :::• \ co15,094 SQ. FT.� 6-'. tm- lb �' ; . `;: "; •."'`• :� _ / 4 � ,moo / /y�,� � /� �.'� :•• 1002j' LOT 72 ..•" . ,� 15,046 SQ. FT. `` ``• .Y, :. t �`� c, f, f LOT 73 N O„ MIDDLESEX ARTILLERY �63 �:: • ::'`•.: , 1 FLEET'S BATTERY INC., C.S.A. ¢�� 8�?S• \ '::••.•'; '?0 '� PIN 54-A-18 & 1C ,.•\:`".':FgSRq/N'�� h DB 531 PC 266, DB 544 PC 418 20 �MF,yTOF;. =•� ZONED: RP USE: HISTORIC Oohs ' �a�✓ e4SFMFRVgT70 :•.�/ 0p 50' 100' n / SCALE N 1 = 50' � SEE CURVE TABLE SHEET 3 OF 9 ' FINAL PLAT OF SUBDIVISION TH OF STAR FORT o r�; SECTION lV—A o�� STONEWALL MAGISTERIAL DISTRICT P. Duane Brown No. 001285 FREDERICK COUNTY, VIRGINIA Dec. 8, 2vo3 44 SURlsA.0'• DATE.• 12108103 SCALE N 1 " = 50' SHEET 5 OF 9 Marsh &Legge Land Surveyors, P.L.C. — %L7560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (540) 667-MB - FAX (540) 667-0469 N EMAIL office0marshandlegge.com DWG NAME: ID5804 0 LIEN \ 35BRL (TT.) g \SENT/ LOT 77 Cl NFL yFFj \ \ \ \•• •. .••. �.J S LOT 71/ // T •'' '.. I ' NQ_ / l''.. r• 'l x = ,•DETENTION ry-POND-* . ".-EASEMENT' LOT 76 !r .; ' .. 21.01'' WATER 2� �� ` —l� •6s / LOT 75 LOT 72 0 LOT 74 �''�•. / LOT 73 23,995 SQ. Fr. 15,851 SQ. Fr. 8444,. ' �: • ' ?� OR �"/� . .DETENTION' ?p- FgAF 14cFPOND,,':. EASEMENT' MIDDLESEX ARTILLERY FLEET'S BATTERY INC., C.S.A. :•• :°�`.:'�:'"o��� PIN 54—A-1B & 1C 6S�j, 90�J < . A�_ DB 531 PG 266, DB 544 PG 418 `SO" .` ''. t : : h�Pv ZONED. RP USE: HISTORIC ,6..'\' .,: "/:�',;' .:::.• •''•;: '+ �, �•J / HARDISON, BYRON & SELDON (REMAINDER — 37.977 ACRES) ,SEX. SHENANDOAH GAS CO. EASEMENT / PIN 54—A-1 / (DB 854 PG 1178) DB 845 PG 895, DB 845 PG 904, DB 853 PG 1 ZONED: RP & B-2 USE: VACANT / SHOCKEY BROTHERS, INC. PIN 54—A-12 0' 5 100' DB 575 PG 583 ZONED: M-2 USE:INDUSTRIAL SCALE - 1 " = 50' SEE CURVE TABLE SHEET 3 OF 9 FINAL PLAT OF SUBDIVISION STAR FORT SEC TION / V-A STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN14 DATE.• 12108103 I SCALE - IN = 50' I SHEET 6 OF 9 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 office0marshandlegge.com TH OF Y P. Duane Brown No. 001285 Dkvoec , 8, 2003 d0ND sURVg'��4 DRAWN BY: C.GREENSPAN DWG NAME: ID5804 Am S SORE �� 1 6�RON g�1 PC / _'e �3 / N�RO\SOCKS .P-1 �� PO 90A' o /,:: ..:;y= :....: 0. / REM F\N p \N g5 Og a 1 v PO PN� o /�� •.' 4 a ` .• t:.. ; �. 0,3 Zoe 30 1.4 0.0717 ACRES HEREBY CONVEYED TO THE zj,N 6g22 '�'}PN,15Ew��RI (-:k: /'• :•';: ���`��, N FREDERICK COUNTY 20 5 :!`':• ;.f. .: < SANITATION AUTHORITY 6 46'. 2. a LOT 77 0) /x x��v '- ' ` ' 35' BRL (TYP.) •'�14<j �I LOT 76 ��'IVxo 38,126 SQ. FT � / / "7 o o /.•DETENTION JN = j : • '-POND �....t••':•. ` ;'•' �o .-'--EASEMENT''/ SE �—N 21 4;55 E 164.5 : .o NT//yof 20' WATT SOR/D R4, EASEMENT j 8g8s�� SHOCKEY BROTHERS, INC. .:. LOT 75 j :':: ^ PIN 54—A-14 DB 748 PG 688 :. ;•:.j �, 15,079 SQ. FT. �Y:.:;; ZONED: M-2 USE: INDUSTRIAL 20' UTILITY ESM'T. SEE CURVE TABLE SHEET 3 OF 9 LOT 74 I DETENTION/L�, %.'. �¢�Z /c) POND EASEMENT 50�'1� �:...., SCALE 1" — FINAL PLAT OF SUBDIVISION TH of STAR FORT SEC TION / V—A STONEWALL MAGISTERIAL DISTRICT P. Duane Brown FREDERICK COUNTY, VIRGINIA No. 001285 Dee. 8, 2003 DATE.• 1210810J SCALE N IN = 50' SHEET 7 OF 9 tAA'D SuRls Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office0marshandiegge.com DWG NAME: ID5804 A. LOT 79<41 / :C21: o`�� o�``�r:: `L \; .. ' . ' sow, 3 �s : :: • , v,��`� NIL� /.;:.. 0 F` 0 /� N'iz" 60. I: o) l LOT 78 24,614 SQ. FT. i ..:.I , N �p�p 0' 50' 100' :::'.I SCALE - 1" = 50' ::: - l SEE CURVE TABLE SHEET 3 OF 9 o • N 24 2'10" E :::4 .02' CN w > HARDISON, BYRON & SELDON Ln� o I:::::: j (REMAINDER - 37.977 ACRES) ;-, _, ::. j I PIN 54-A-1 rn :' DB 845 PG 895, DB 845 PG 904, Ln DB 853 PG 1 ZONED. RP & B-2 USE: VACANT LOT 77 19,555 SQ. FT. J .-A 10' BRL TYP.) S ` DETENTION POND _ S 22'32'39" W 179.33' EASEMENT 20 SAN SIEWER3 ` ,� '` * '` 50.00' _ 0'18'52" E INGRESS —EGRESS EASEMENT * �; ; 52.44'.-' o LOT 76 SEE SHE 7 OF 9co �� oI FINAL PLAT OF SUBDIVISION STAR FORT SEC TION / V—A STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 1210810.3 I SCALE - 1 " =DATE' SCALE " = 50�SHEET 8 OF 98 OF 9 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - EMAIL office0marshandlegge.com �•t,TH OF y P. Duane Brown No. 001285 17ec. 8, 200F'.;�43 lgND SURV DRAWN BY: C. GREENSPAN DWG NAME: ID5804 r C-1 uig w'.s to cil- -is by Sec. of 5c— -801 beon paid, if Clork THIS DEED OF DEDICATION made and dated this 8`h 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 (%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- fourth (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-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. 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 thereto, as a park and educational site opened to the public. Such SFPOA may have such other purposes, functions and duties with regard to the property as the Declarants shall determine. Section 2. "Properties" shall mean and refer to that certain property hereinabove described as Star Fort, containing 0.9 Acres, more or less, and a jogging trail ("the Common Areas") and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Star Fort, Section II, with the exception of the Common Areas. Section 4. "Member" shall mean and refer to every person or entity who holds ' membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison, Inc., and Richard & Byron, Inc. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. One Membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for Membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. When more than one Page 3 person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of not less than three (3), but not more than nine (9) directors, who need not be Members of the Association. The initial Board of Directors shall be appointed by the Declarants to serve until the first annual meeting following this Deed of Dedication; thereafter the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the Common Areas, specifically including but not limited to the rights of ingress to and from the aforesaid Common Areas as shown on the attached plat and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: a. The rights of the Association to suspend the voting rights and the right to the use of the Common Areas by a Member for any period during which an assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. b. The rights of the Association to dedicate or transfer all or part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast seventy-five percent (75%) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate in accordance with the bylaws, his right of enjoyment to the Common Area to members of his family, his tenants, or contract purchasers who reside on the property. Page 4 ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarants, for each Lot owned within Star Fort, Section 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. 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 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 (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. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast 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 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 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 run 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 ARTICLE VII EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to certain easements or rights of way designated Sanitary Sewer Easements/Utility Easements on the aforesaid attached plat, and further the Declarants reserve an easement over the Common Areas for sanitary sewer easement (s), water line easement (s) and drainage easement (s), as shown on the plat drawn by P. Duane Brown, Land Surveyor, dated 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 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 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 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--,� Z� (SEAL) CARLIN L. SMITH, President RICHARD G. HARDISON, INC. (SEAL) ICHARD G. HARDISON, President Page 11 RICHARD & BYRON, INC. BY: # 1�)A Llll��'EAL) B 1. , RIL , , P� eside t STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: I, / iF ' Z (; , 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 December 8, 2004, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of � ,�'au, 2004. My Commission Expires d NJJIl llf 11 f!f}dt� �A NOTARY UBLIC>w YAR 1, �vs '% ' •. 39 C?N STATE OF VIRGINIA °'�;,F OF 9,}f!!!7i1111�� CITY OF WINCHESTER, TO -WIT: a Notary Public in and for the State and j urisdiction 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 Expires � a�is� i'`� i�1�4'��L;4114flffffdP}}d NOTARY PUBLIC V'' %., -, �,�r,�r of •� J21�r 11 ''• T Aid j'`+p .ibex Page 12 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: a Notary Public 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 kaea__/6_7,t - , 2004. My Commission Expires �,�4y9t4311111111/!//! /, -�f NOTARY P B`t.,IC P0BLIC �' OF VIF�G������ ,!!'"fillllIl9911i��� 12131 Star Fort \ A:\Deed of Dedimtion.wpd Page 13 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. 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: 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 2 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, 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. 3 (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 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. 12131 Star Fort \ A:\EXHIBIT A. wpd ® E c E � U E DEC 9 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT Star Fort Subdivision, Section 4B Subject: Star Fort Subdivision, Section 4B Date: Wed, 4 Feb 2004 09:25:40 -0500 From: "Funkhouser, Rhonda" <Rhonda.Funkhouser@VirginiaDOT.org> To: "'pdavenpo@co.frederick.va.us"' <pdavenpo@co.frederick.va.us> CC: "'Rhardison@allfreightdelivery.com"'<Rhardison@allfreightdelivery.com>, "Heironimus, David (Dave)" <David.Heironimus@VirginiaDOT.org> Patrick, This is to advise Section 4B of the subject development has been accepted by VDOT. It is in the inclusion process of the State Secondary Road System at this time with an addition date of March 1, 2004. Dave Heironimus Engineering Technician III, Permits & Subdivision Section Phone (540) 535-1828 Fax (540) 535 1846 This message contains information that may be privileged, confidential or otherwise protected from disclosure. Access to this e-mail by anyone other than the intended addressee is unauthorized. If you are not the intended recipient of this message, any review, disclosure, copying, distribution, retention, or any action taken or omitted by relying on it is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender and delete the message, any attachments, and any copies thereof from your system. Thank you. I of 1 2/4/2004 9:43 AM HP OfficeJet Personal Printer/Fax/Copier/Scanner Last Fax Date Time Type Sep 21 2:30pm Sent Result: OK - black and white fax OK color - color fax Identification 97229528 Fax Hi,.,ry Report for Frederick County Planning 665-6395 Sep 212000 2:36pm Duration Pages Result 6:09 7 OK FAX TRANSMISSION FREDERICK COUNTY PLANNING DEPARTMENT 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Fax: (540) 678-0682 To: Claus Bader Date: September 21, 2000 Fax #: (540) 722-9528 Pages: 7, including this cover sheet. From: Evan A. Wyatt Subject: American Red Cross Common Shared Buffer and Screening Easement Agreement COMMENTS: Claus: Please find attached a copy of the agreement between the American Red Cross and Star Fort Estates that we discussed yesterday. Hopefully, this information will be of assistance for your clients. Please contact me if you have any questions regarding this information. Have a good day! U\Evan\Common\Fax Sheets\GREENWAY.FAX �� ri'=`�_,0 ! 39 GRANT OF EASEMENT �J THIS AGREEMENT to provide Buffers and Screening made and dated this'��y of 11 2000, by and between WINCH ESTER-FREDERICK COUNTY CHAPTERh �f the AMERICAN NATIONAL RED CROSS, a Corporation existing under the laws of the United States of America, its successors and assigns (hereinafter "Red Cross', and SELDON, INC. a Virginia Corporation, RICHARD G HARDISON, INC. a Virginia Corporation, and RICHARD & BYRON. INC. a Virginia Corporation, t/a STAR FORT DEVELOPERS, its successors and assigns (hereinafter "Star Fort Developers' and MIDDLESEX ARTILLERY FLEET'S BATTERY, INC., (HEREINAFTER "Middlesex Artillery'). WITNESSETH: WHEREAS, Red Cross owns certain property located in Frederick County, Virginia, Tax Map No. 54-A-ID, Zoned B-2, more fully described as All that certain piece or parcel of land, situate in Gainesboro Magisterial District, Frederick County, Virginia, more particularly described as follows: That certain Parcel containing 2.0213 acres as shown on the plat of survey drawn by P. Duane Brown, L. S.,. dated August 3, 1998, entitled "Final Plat A Portion of Star Fort" and attached to the Deed of Dedication dated September 22, 1998, recorded October 7, 1998, in Deed Book 917, at Page 849. TOGETHER WITH a non-exclusive fifty -foot easement for ingress and egress to and from Route 522 as shown on the aforesaid plat. AND BEING the same property conveyed to The American National Red Cross, a non-profit charitable entity, existing under the laws of the United States of America, by Deed from Seldon, Inc., a Virginia Corporation, Richard G. Hardison, Inc., a Virginia Corporation and Richard & Byron, Inc., a Virginia Corporation, t/a Star Fort Developers, dated December 18, 1998 and recorded January 7, 1999 in Deed Book 926 at Page 202 among the Land Records of Frederick County, Virginia. WHEREAS, Star Fort Developers own certain property adjacent to the Red Cross Property, being part of Frederick County, Tax Map Number 54-A-1, Zoned RP, and more fully described as a portion of the property conveyed to Richard G. Hardison, Inc., Richard & Byron, Inc., and Seldon, Inc., by Deeds recorded in the aforesaid Clerk's Office in Deed Book 845 at Page 895, Deed Book 845 at Page 904 and Deed Book 853 at Page 1; and i Lie WHEREAS, Middlesex Artillery owns certain property adjacent to the Red Cross Property, being part of Frederick County, Tax Map Number 54-A-1B and 1C, Zoned RP, and more fully described as the same property conveyed to Middlesex Artillery Fleet's Battery Inc., C.S.A., by Deeds of record in the aforesaid Clerk's Office in Deed Book 531 at Page 266 and Deed Book 544 at Page 418; and WHEREAS, Section 165-37 of the Zoning Ordinance as contained in the Code of Frederick County, Virginia, ("the Zoning Ordinance', establishes certain requirements for zoning district distance buffers and screening; and WHEREAS, Section 165-37D(8) of the Zoning Ordinance, adopted by Frederick County on June 12, 1996, permits adjoining owners of properties in different zoning districts to establish common shared zoning district buffer and screening easements; and WHEREAS, the parties have agreed to cooperate in establishing such a common shared zoning district buffer and screen easement for the mutual benefits of their properties, and desire to memorialize that agreement herein; NOW THEREFORE, for and in consideration of the mutual promises herein exchanged, and the sum of ten dollars ($10.00) by each party paid to the other, receipt of which each parry hereby acknowledges, the parties agree and take action as follows: 1. The Red Cross hereby grants and conveys to Star Fort Developers, Middlesex Artillery and Frederick County an easement twenty-five feet (25 ft.) in width as shown on that certain plat of record in the office of the Clerk of the Circuit Court for Frederick County, Virginia in Deed Book 917 at Page 849, the location of said easement being more fully described as "25' Common Shared Landscaped Screening Easement (Inactive Buffer)" on that certain plat of P. Duane Brown, dated August 3, 1998, a copy of which is attached as "Exhibit A" hereto and incorporated herein. 2. The purpose of the easement herein created is to create a zoning district buffer as that term is used in Section 165-37 of the Zoning ordinance. In addition to granting the easement above, the parties undertake as follows: 7 ;.u01L} a: Red Cross agrees to provide, construct, plant and maintain on the 25 ft. Common Shared Landscaped Screening Easement herein conveyed at its sole expense, all such berms, plantings and other improvements as may be required on said 25 ft. screening easement for the creation of such screening buffer as those terms are used and understood in Section 165-37 of the Zoning Ordinance. 3. Red Cross covenants that it has the right to convey the land to Star Fort Developers, Middlesex Artillery and Frederick County; the individuals executing this Agreement on behalf of Red Cross, Star Fort Developers and Middlesex Artillery have the authority to bind those respective parties; that Star Fort Developers have done no act to encumber said land; that Red Cross shall have quiet possession of the land, free from all encumbrances, and that it will execute such further assurances of the land as may be requisite. 4. Should the Zoning Ordinance, or the zoning of either parcel, change so that a common shared buffer becomes unnecessary or so that the burden thereof may be reduced without harm to either owner, the parties agree in good faith to meet and consider a modification agreement for that purpose. 5. The obligations contained herein shall be binding on the Red Cross, Star Fort Developers and Middlesex Artillery, their successors and assigns. The burden herein created shall run with the parcel, in perpetuity. Red Cross represents that nothing in the organizational documents of Red Cross requires membership or other approval of this transaction. Star Fort Developers represent that nothing in the corporate documents of Star Fort Developers requires shareholder or other approval of this transaction. Middlesex Artillery represents that nothing in the corporate documents of Middlesex Artillery requires shareholder or other approval of this transaction. 2 'D61 "01142 WITNESS the following signatures and seals: STAR FORT DEVELOPERS SELDON, INC., a Virginia Corporation Carlin L. Smith, President RICHARD G. HARDISON, INC., a Virginia Corporation Richard G. Hardison, President RICHARD & BYRON, IN4VVirgiiCorporation BA. rill, Pen WINCH ESTER-FREDERICK COUNTY CHAPTER Of the AMERICAN RED CROSS Wi0e ' U1'111PW*f to jopj.Oi COMMONWEALTH OF VIRGINIA CITY/EA61NTY OF .LG & Y�CJU-4-� , TO -WIT: Acknowledged before me on this 62 y "Kday of 2000, by Carlin L. Smith, President of Seldon, Inc., on behalf of Star Fort Developers. AN Notary Public My Commission expiresA- y� I [A 3` U U OF _ 2 L�RG�N�P..... �C� SK96 ; ,r 0 ; 43 COMMONWEALTH OF VIRGINIA CITY/CeHNTY OF A o, >� , TO -WIT: Acknowledged before me on this c,;2 day of )�taL614, , 2000, by Richard G. Hardison, President of Richard G. Hardison, Inc., on behalf of Star Fort Developers. U Notary Public �'. ,e°rvwFy`y'9 My Commission expires: ���c-� -�� a�-3 ` �' o U:U OF =:-I COMMONWEALTH OF VIRGINIA L�RGIN�P. �Q CITY/C-6fjN Y OF �'�1's�?t/� /� e w �s4i TO -WIT: T •.......... ��' 'qRY Pv Acknowledged before me on this gay of , 2000, by Byron A. President of Richard & Byron, Inc., on behalf of Star Fort Developers. AN/V U - r� Notary Public of = My Commission expires: .2043. ` -0 �G COMMONWEALTH OF VIRGINIA CITY/COUNTY OF w , nc r� - -h r TO -WIT: Acknowledged before me on this I+h day of 6 t2r i l , 2000, by.11n n" L . kk ► Ke- r of the Winchester-Frederick'County Chapter of the American lted Crass, on behalf of said organization. No Publi My Commission expires: 5 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _1,. ), nc r' , TO -WIT: Acknowledged before me on this II 4h day of AP r" I , 2000, by o bh► -e of Middlesex Artillery Fleet's Battery, Inc., on behalf of said organization. Notary blic Rl My Commission expires: 5 -'� I _� f C ° 0! Curve Table CURVE DELTA RADIUS LENGTH TANGENT CHORD BEARING 1 06 09'29' 1926.63' 207.07 103.63' 206.97' N3732'0719 2 88'14'50' 35.00' 53.91' 33.95' 48.73' N08'30'34'E 3 08'27'58' 150.00' 22.16' 11.10' 22.14' N48'24'00'E 4 24*59'12' 275.00' 119.93' 60.93' 118.98' N5539'37'E 5 75'51'09' 35.00' 46.34' 27.27' 43.03' S72-55-12-E 6 24-58'14' 186.74' 81.38' 1 41.35' 80.74' S4728'45'E 7 0701'27- 2326.63' 82.20' 1 41.10' 82.19' S33'20'35'E POSSIBLE FUTURE R/W i I ,N/F Middlesex Artillery 50' Zoningg Separation Buffer, �B 531e Pg.- 266, Battey B 544 Pg. 418 (B-2 to RP) i Nr-25' Ex. RP Zone . Active Buffer Ex B-2 Zone 7 PROPOSED 5 6 :::y.. ::;::.:::::::::�_ _ FORTRESS DRIVE Richard G. Hardison, Inc., 25' Common Shared Richard G. Hardison, Inc., Richard & Byron, Inc. 4 Landscaped Screening Easement Richard & Byron, Inc. and Seldon, Inc. (Inactive Buffer) and Seldon, Inc. (Remainder) I (Remainder) \ ' 2.0213 ACRES \ ; Z N c " q 50' Ingress -Egress Easement \ 3 \ N5737 59'E 21.700 -- 2 =]�,1:Q7 1 — _\—WIF u, 5. UUT 522 L=43.34, Hillcrest Nursing Home, Inc. DB 499 Pg. 79 BRL denotes Building Restriction Line FINAL PLAT 'T$ °p °f� A Portion of Star Fort G'�, Stonewall Magisterial District Frederick County, Virginia P. DUANE ,�, O BROWN DATE: AUGUST 3. 1998 SCALE: 1"=100' I FILE#: 'REDCRPLT.DWG' n gAbert w. clifford & associates, Inc. NO. 1285 ENGINEERS - LAND PLANNERS - SURVEYORS A✓y. 3, /998 150-C ald. Grewaieh orke soo Not1r Carrara, Stree SHEET <ytio ndartaftiap %Wrda ice) 898-2115 22401 wtrdrMlr, Viroda 22001 0 50 100 200 (�) ee7-2139 2 OF suRVE�o1- 2 VIRGINLk FREDERICK COUNTY, SCr. instrument of writing was produced to me an / at R .•h- with certificate of admoMedgement thereto annexed -49 a to record. Tax imposed by Sec 58.1-802 of S .and 58.1-801 have been paid, if assessable -tied 41410O . Clerk :h COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/.665-6395 MEMORANDUM TO: Kris C. Tierney, AICP, Assistant County Administrator FROM: Mark Cheran, Zoning Administrator RE: Star Fort DATE: May 23, 2006 Per your request, staff has reviewed the Star Fort MDP and deeds for the approved sections of Star fort Subdivision; to outline issues surrounding the assessments for the preservation of Star Fort. A. The Star Fort MDP was approved April 10, 1995. B. MDP calls for 144 SFD. C. Notes assigned to the approved MDP require an assessment for Star Fort. D. Only $3,302. 89 is currently in the HOA account to date. E. Star Fort POA is currently inactive as of March 31, 2004. F. Review deeds for lots in the Star Fort Subdivision have assessments in them. G. This assessment is no less than $60 and no more than $250. 107 North Kent Street, Smite 202 0 Winchester, Virginia 22601-5000 Kris Tierney Re: Star Fort May 23, 2006 Page 2 Additional Notes: 1. The Frederick County Code (Subdivision) Section 144-32 requires the establishment of Property Owners' Associations. The Star Fort Subdivision POA is not active at this time. This may constitute a violation of the provisions of Section 144-32. 2. Taking the assessment from 1997 to 2006, based on $60 per lot for 144 lots, the total in the POA account would be $ 86,400 over a ten (10) year period. Please note this is a number that staff has come up with and is just an estimate. 3. The Board of Supervisor approves any turn -over of funds to an outside operating entity for Star Fort. The parcel where Star Fort is located is owned by Middlesex Artillery Fleet's Battery, Inc. Should you have any questions relating to this project, please call me. Attachments MRC/bad COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 January 30, 2003 G.W. Clifford and Associates, Inc. c/o Mr. Ron Mislowsky 1 17 E. Piccadilly Street, Suite 200 Minchester. VA 22601 ICE: Star Fort, Section IVB - Final Plats Dear Ron: This letter is to confirm that the final plats for Star Fort, Section NB, were administratively approved on .h.nuary 30, 2003. The approval of Section lVB of this subdivision allows for the development of nine (9) si ngle-family detached urban residential lots with a minimum lot size of 15,000 square feet. Frederick County ctn-rently holds abond 1n the amount of$15,000 for the completion ofthe improvement associated with Section 11,113 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; Petrick T. Davenport Zoning and Subdivision Administrator PTD/sce Cc.: Mr. 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 ate- > C rS -J:Tatrick\Common\S_D Reviews\Star Fort\Star Fort 4B final plat_approval.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 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 n D From: Patrick T. Davenport, Zoning and Subdivision Administrator / Date: December 27, 2002 RE: Star Fort, Section 4B- Final Plat approval request I have received a request to approve the final plats for the subject subdivision. The developer claims that all work is complete except for acceptance of the road into the State system. A minimum construction guarantee of $10,000 is required prior to final plat approval. Please provide this Department with a written response, which recommends an amount (if any) to be added to the $10,000 minimum which would cover any unfinished work. Thank you PTD/ C.AMyFiles\Bonds and LOC's\Star Fort Sect 4B.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA Philip A. Shucet COMMISSIONER December 18, 2002 Mr. Richard Hardison P. O. Box 2834 'vv inchester, VA 22604 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Star Fort Subdivision, Section 4B Route 522/1376 Frederick County Dear Mr. Hardison: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 As requested by your contractor, R & G Construction Company, I have performed an inspection of the right-of-way work performed for the referenced development. Based on this inspection, I have found construction to be acceptable. My only concern is the finished grade of some portions of ditch lines and how they will accommodate proposed entrance culverts. I am willing to review this on site if necessary. Please be advised these streets must be maintained in their present condition until admission into the State's Secondary Road System. Furthermore, any lot development damage affecting the right-of-way will require correction. Please call me at (540) 535-1828 should you have any questions. Sincerely, Dave A. Heirommus Hwy. Permits & Subd. Specialist Sr. DAH/rf xc: Mr. Gary Brown Mr. Eric Lawrence DEC 2 3 2002 FREE � ,COUW � p Ey.1T PLA��G' VirginiaDOT.org WE KEEP VIRGINIA MOVING S G r, I� r � O¢/3o�oz 4 �K ho)d Fr) r L.o.�. CHECKLIST FOR SUBDIVISION FINAL PLATS ✓. A. The title of the subdivision ("Final Plat for........") AA. Notarized owner's certification IAW 15.1-477 COV. ✓ B. The page number and total pages on each page. i/ C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. D. A written and graphic scale. E. Day, month and year plan prepared and revised. V F. North Arrow. 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 and page number references. ✓ K. Area of each lot, total area of subdivision and area in lots. 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 e / and locations. P. Location of flood plain limits. Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. /''/n S. Location of proposed recreational areas. A Page 2 Subdivision Plat Checklist ff A T. Location of proposed buffers. '1 U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. X. Signature lines as required. Y. Statement listing all requirements and conditions placed / on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. COUNTY of FREDERICK Department of Planning and Development 540f665-5651 FAX: 5401665-6395 February 13, 2002 G.W. Clifford & Associates, Inc. Attn: Mr. Ron .Mislowsky 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Star Fort Subdivision, Section IVB - Subdivision Design Plan #26-01 Dear Ron: This letter is to confirm that the Subdivision Design Plan (SDP) for Star Fort Section IVB has been approved. Enclosed are three (3) signed copies 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, rR�re'f' Patrick T. Davenport Zoning and Subdivision Administrator PTD/kac Enclosure 1J:1PatridclCommon\4_D Reviews Star Fort%Slar Fort IVB s_d apprvxpd 9 nw — .. _ ... 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, 0 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. Nfislowsky 117E Piccadilly Street, Suite 200 Winchester. VA 22601 Name of development and/or description of the request: Star Fort IVB Subdivision Location: Fortress Drive and Sentinel Drive, 450 feet north of US Route 522 Inspection Department Comments: Dwellings shall comply with The Virginia Uniform Statewide Building Code acid section 310, use group R (Residential) of The BOCA National Building Code/1996. Please subadt the spec. for the pump design for the forced sewer main on Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT. " E RE THIS O APPA 7 J 5 ` `� VLvi iL �.r.�r•nn ifT .... / A 1►TT It is your responsibility to complete this form as accurately as pos�1S'fe in order to assist the agency with their review. Also, please attach a copy your application form, location map and all other pertinent information. RECEIVED FREDERICK COUNTY E ?UtUC WORK & INSPECTIONS REQUEST FOR SUBDIVISION COMMENTS Frederick County Fire Marshal , c Attn: Fire Marshal 107 North Kent Streets 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. Mislowsky 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Star Fort IVB Subdivision Location: Fortress Drive and Sentinel Drive, 450 feet north of US Route 522 Fire Marshal Comments: Fire Marshal Signature & Dater �,,A ^ — O (NOTICE TO FIRE MARSHAL * PLEASE RYTfJRN 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. Field 1: COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. SDO1-0016 Date Received 11/16/01 Date Reviewed 11/28/01 Applicant G.W.Clifford & Associates Address 117 E.Piccadilly Street Winchester, Va. 22601 Project Name Star Fort Section 4B Phone No. 540-667-2139 Type of Application Subdivision Current ZoningRp 1st Due Fire Co. 15 1st Due Rescue Co. 15 Election District Stonewall Tax I.D. No. 54-A-1 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System XX Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes No XX Comments Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signatu� itles COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 January 31, 2002 Mr. Ronald A. Mislowsky, Jr., P.E. Gilbert W. Clifford and Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 Re: Subdivision Comments - Star Fort Section 4B Frederick County, Virginia Dear Ron: Upon review of the revised subdivision plan dated January 14, 2002, all of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. If you have any questions, do not hesitate to contact me. Sincerely, oe C. Wilder Civil Engineer Jcw cc: Patrick Davenport, Frederick County Zoning Administrator file 107 North Kent Street - Winchester, Virginia 22601-5000 gilbert -•v. clifford & associates ;nc INCORPORATED 1972 Engineers — Land Planners — Water Quality memorandum To: Barry Swritzer, VDOT John Whitacre, FCSA Patrick Davenport Frederick County Planning From: Ron Mislowsky Re: Star Fort Sectio 4B Date: January 11, 2002 I've enclosed two sets of plans which have been revised per your comments. Please call if you require anything further. a'9'/y4 15FVI,6'w- ,�/40W0Ve"V 45- N07,452) - I /iF�s fit' �z 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff( mnsinc.com Member American Consulting Engineers Council r COMMONWEALTH ®f V IRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 JERRY A. COPP COMMISSIONER RESIDENT ENGINEER Janus 23 2002 ry TELE(50)984-5600 FAX(540)984-5607 Mr. Ronald A. Mislowsky, P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Star Fort, Section 4B Route 522, Maple Street Frederick County Dear Ron: This is to acknowledge receipt of your revised plans dated January 14, 2002 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. WE KEEP VIRGINIA MOVING Mr. Ronald A. Mislowsky Ref: Star Fort, Section 413 January 23, 2002 Page #2 • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned 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-1. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. Any signs to be installed will be in accordance with attachments. • 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. Since , Barry J. Sweitzer, Trans. Roadway Erfnineer JAN 3 0 200Z For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Evan Wyatt �.,j ()F PI ANNINGIDI<VROMAR 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, 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 IVB Subdivision Location: Fortress Drive and Sentinel Drive, 450 feet north 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, Maple Street, e MOT facilities which would provide access to the property. This section of street is eurrently not in the State's Secondary Road System.- MWeVeraI entrance esign an drainage features ralst mat State requir-ar�ents if the street is to be eligible for acceptance. et of constructic plansdSep ated 01/23/02 from VDOT. VDOT Signature and Date:, (NOTICE TO RESIDENT EN *PLEASE /�Z3.OZ 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. I December 3, 2001 Mr. Ronald A. Mislowsky, Jr., P.E. Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Subdivision Comments - Star Fort Section 4B Frederick County, Virginia Dear Ron: COUNTY of F REDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Upon review of the subject subdivision plan dated November 16, 2001, we offer the following comments: 1) Due to downstream drainage channel and structure changes, it will be necessary to provide an as -built drawing for Lots 33 through 38 and the channel which flows toward Route 522. Provide grades, house locations and elevations, inverts, etc. 2) Provide an over -lot grading plan for each lot including proposed finished floor elevations and final grades. 3) It will be necessary to submit an as -built drawing of all drainage structures and ditches to this office prior to issuance of building permits. Place this note on the subdivision plan. 4) Due to the applicable drainage areas, it will be necessary to provide sediment traps in accordance with Virginia Erosion and Sediment Control handbook standard 3.13. Provide design, location, details and a grading plan for each trap. 5) All inlet protection shall be the Rip Rap stone combination. 6) Provide perimeter erosion and sediment control adjacent to Lots 33 through 38. 107 North Kent Street • Winchester, Virginia 22601-5000 Star Fort, Section 4B Comments Page 2 December 3, 2001 Once these comments have been addressed, submit two (2) copies of the subdivision plan for further review. Sincerely, Joe C. Wilder Civil Engineer JCW/rls cc: Frederick County Planning and Zoning file A:\starfrtab.wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 27, 2001 G.W. Clifford & Associates, Inc. Attn: Mr. Ron Mislowsky 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Star Fort Subdivision, Section IVB - Subdivision Design Plan #26-01 Dear Ron: I have had the opportunity to review the Star Fort Subdivision, Section IVB, Subdivision Design Plan received by our office on November 16, 2001 and offer the following comments: 1. The line type should be darker for the sanitary sewer line serving Lots 58-64. 2. A sanitary sewer easement located in the rear of Lots 58-62 appears to be necessary. 3. Depict the setback lines for Lots 58-62. 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, 4U 7 V, ulej Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah Enclosure UAPatnck\Co=on\Subdivision Reviews\Star Fort\Star Fort IV s_d review.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 I 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: I/ title "Subdivision Design Plan for " ' with a notation of all previous names of the subdivision. v original property identification number. ✓ page number and total pages on each page. ✓ name of the owner and/or subdivider ✓ vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. ✓/ day, month and year plan prepared and revised. V/ North arrow. ✓ name of the Magisterial District where located. ✓ zoning of all land to be subdivided. ✓ boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five ( 5 ) feet. ✓ names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. ✓ proposed use of each lot, with the number of lots in each / use category. V/ area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 l A✓ location and area of each parcel of common open space and the total area of common open space. '/ location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. sG-�4 - SP.et l/ x �� ? �/✓� '04KX6A1 . existing or proposed utilities se and wa er lines manholes, fire hydrants and Basemen s. fbR %?C.1IR OP/OTs �- existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. % locations, dimensions and cross sections of existing and proposed sidewalks and walkways. 111114 location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. // 1'1/14 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. Y /` - Z�L 6 6 6 location of required setback lines on each lot. 14VG SCG7&,<X G.IIL1-:1 A location of proposed recreational areas and facilities. A location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 signature of the owner or principals certifying ownership Q of the property. statement listing all requirements and conditions placed on,the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA 00 Date: 1 Application # Fee Paid /Q 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 Phone: Winchester, VA 22604 540-869-5600 Please list names of all owners, principals and / or majority stockholders: Carlin Smith Richard Hardison Byron Brill Contact Person: Ronald A. Mislowsky Phone: (540) 667-2139 Name of Subdivision: Star Fort IVB Number of Lots: 9 Total Acreage: 4.8 Property Location: Fortress Drive and Sentinel Drive 450 feet north of US Route 522 Magisterial District: Stonewall Property Identification Number (PIN): 54-A-1 Property zoning and present use: Adjoining property zoning and use B2: Vacant, Office RP - Vacant 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 X No If yes, specify what changes: When a cul-de-sac was deleted from Section II, those lots were added as Section 4B. The Master Plan was revised at that time and provided to the County for approval. Minimum Lot Size (smallest lot) 15,000 S.F. Number and types of housing units in this development: Number: Types: S.F. Detached "Traditional" gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality November 15, 2001 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Star Fort — Section 4B 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 prepared Subdivision Design Plans for Star Fort, Section 4B. The site is located on an extension of Fortress Drive north of the Red Cross Offices. Fortress Drive is to be extended to a new intersection with Sentinal Drive, which is extended from Section II. The lots are set on the west side of Fortress. Star Fort lies to the ease. During the development of Section II, a small cul-de-sac, located adjacent to the Hillcrest Nursing Home, was deleted. A revised master plan was submitted which relocated those lots from the cul-de-sac to this new Section 4B. The sewer line installed to serve Section II and III, will provide service at the rear of the 4B lots. Water meters will be extended from the 10" waterline required to be looped from Section II back to Route 522 as part of the Section III development. Two sets of plans, the completed application and the application fee of $1,810 are attached for you review. If you should have any questions, please do not hesitate to call. Regards, gilbert w. clifford & associates, inc. yPE.,VPR,0nlA. Mislowsk, RECEIVED NOV 1 9 2001 '"°T. OF PLANNINGIDEVELOPUP ' 117 Fast Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 a -mail gwcliff@mnsinc.com Member American Consulting Engineers Council '----' — ----------'�------'--�---'--'��- �f---�--'—�-- | ! � 4-900 ��,�f^)1 9 /(,7 | / ! ` ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mark Burke 163 Adams Road Winchester, VA 22602 A. Addressee B. Received by (Priffi'd Name) C. ate of De ivery D. Is delivery address different from Rem 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered I=Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 1010 0000 9039 0678 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Frederick County Dept. of Planning and Development w 107 N. Kent Street Winchester, VA 22601 3 2004 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 -Article Addressed to: Iir. . Mark Burke 163 Adams Road Winchester, VA 22602 A. ❑ Agent ❑Addressee B. Received by (Printed Name) C. Date of Delive 4 e7 D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type V Certified Mail ❑ Express Mail ❑ Registered N Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 1010 0000 9039 1200 (Transfer from service lab e' PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COGy Frederick County w Dept. of Planning and Development 107 N. Kent StreetA---- Winchester, VA 22601 II 1 JUN 2001 r . L /'" 1 R7!'-RICK Wijo..-Y I of wn�. .v . r. r• -, i3lIli'#Ftiili{i'fi�lttlFtl},!li�tl�3li�l tiltl!!!1}!!!�!1!'l hill{ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Robert Rhodes 1107 Cedar Creek Grade Winchester, VA 22602 A. Signature ❑ Agent ❑ Addressee B. klecdkived by (Printed D. Is delivery address different from item 1? ❑ Ye if YES, enter delivery address below: ❑ No 3. Service Type Orcertified Mail ❑ Express Mail _ d .WRetum Receipt for Merchandise a. Insured Mail, ❑ C.O.D. 4. Rest ct4belive ? (Extra Fee) ❑ Yes 2. Article Nurride—r Yam, .. _ � (Transfer from sery e;labE m 7�_-0.3 , 1010 bap bN c3 o 1.217 Y PS FormeU t 2001— -' Domestic Return Rec ry ,� 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Frederick County o Dept. of Planning and Development 107 N. Kent Street Winchester, VA 22601 u-(C .SUN 7 2004 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COUNTY OF FREDERICK DEPARTMENT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET WINCHESTER, VA 22601 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MR. ROBERT RHODES 1107 CEDAR CREEK GRADE WINCHESTER, VA 22602 e Ily-1 ❑ Agent B Received nted' ame C. Date of Delivery �� I Lk"« D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service 7003 1010 0000 9039 0852 PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Cd Frederick County w Dept. of Planning and Development 107 N. Kent Street Winchester, VA 22601I -= Via° -_ 7/ -- &t5 JUIN 0 2004 P1 A il:!•:Ii;isi1!l1f7:t::lii!iii:iii:Iliiilii5:lili:,ili:ilil::i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mr. Nick Nerangis 500 Pegasus Court Winchester, VA 22602 A. ❑ Agent ❑ Addressee C. Date of Delivery, D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered -Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 1010 0000 9039 1224 (Transfer from service Iz PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Frederick County a Dept. of Planning and Development 107 N. Kent Street w Winchester, VA 22601 {fII.IIIIllfllfllitsffis III lift fit: little llltllf 11 rillill lil ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Nick Nerangis 500 Pegasus Court Winchester, VA 22602 A. Y (❑ Addressee C. Date oQgelivery D. Is delivery address different from item 1? ❑ Te if YES, enter delivery address below: ❑ No 3. Service Type XXQ Certified Mail ❑ Express Mail ❑ Registered y-P Return Receipt for Merchandise ❑ Insured Mail "1b C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7003 1010 0000 9039 0692 PS Form 3811, August 2001 Domestic Return Receipt 2ACPR1-03-P-4081 ri SUBDIVISION 126-01 STAR FORT — Stonewall A'ppR0W.1°SECTION IVB